In international commodity transactions, intermediary certifiers of quantity and quality play a crucial role. Sometimes they err, and when they do, the aggrieved party can pursue remedies against the counterparty or against the intermediary, either in contract or tort. The remedy against the intermediary has depended, at least in part, on whether the plaintiff was in privity. Even absent privity, the aggrieved party could possibly recover in tort. So held Cardozo in the leading New York case Glanzer v. Shepard. Section (...) I of this paper reviews the Glanzer litigation, with special emphasis on how the court suppressed many of the significant facts. Section II then turns to restitution by the principals. Section III explores the courts’ general hostility to intermediaries’ attempts to limit their liability by contract, and Section IV considers the judiciary’s sporadic efforts to place extra-contractual limits on intermediaries’ liability. Section V examines the surveyors’ response. (shrink)

Economic analysis is being applied by scholars to an increasing range of legal problems. This collection brings together some of the main contributions to an important area of this work, the economics of contract law. The essays and illuminating notes, questions, and introductions provided by the editor outline the Law and Economics framework for analyzing contractual relationships. The first two parts of the book present a number of useful concepts - adverse selection, moral hazard, and rent seeking - and a (...) general way of thinking about the economics of contracting and contract law. The remainder of the book considers a wide range of topics and issues. The recurring theme is that contracting parties want to assign the responsibility for adjusting to particular contingencies to the party best able to control the costs of adjustment. The adjustment problem is exacerbated by the fact that the parties might engage in various types of strategic behavior, such as opportunism, moral hazard, and rent-seeking. Many contract law doctrines can best be understood as attempts to replicate how reasonable parties might resolve this adjustment problem. (shrink)

From virtue ethics and interactionist perspectives, we hypothesized that personal justice norms (distributive and procedural justice norms) were shaped directly and multiplicatively by ethical dispositions (equity sensitivity and need for structure) and ethical climates (egoistic, benevolent, and principle climates). We collected multisource data from 123 companies in Hong Kong, with personal factors assessed by participants’ self-reports and contextual factors by aggregations of their peers. In general, LISREL analyses with latent product variables supported the direct and multiplicative relationships. Our findings could (...) lay the groundwork for justice research from a morality perspective in future. (shrink)

Contributed articles presented at a National seminar.

Contributed articles presented at a National Seminar on "Teaching Philosophy in India: a Vision for the Twenty-First Century Education", held at Andhra University, during 9-11 March 1998 and sponsered by Indian Council of Philosophical Research, New Delhi.

Evolutionary stasis is discussed in light of the idea that the common output of every successful evolution is the creation of the entities that are increasingly resistant to further change. The moving force of evolution is entropy. This general aspiration for chaos is a cause of the mortality of organisms and extinction of species. However, being a prerequisite for any motion, entropy generates (by chance) novelties, which may happen to be (by chance) more resistant to further decay and thus survive. (...) The entities that change rapidly disappear. All existing entities are endowed with an ability to resist further change. In simple organisms, the stasis is primarily achieved by means of the high fidelity of DNA reproduction. In organisms with a large genome and complex development, the achievable fidelity of genome reproduction fails to guarantee homeorhetic reproduction: there is more mutation than reproduction. Such species must be capable of surviving and remain phenotypically unchanged at continuous changes of their genes. This capability (canalization or robustness) reflects a global degeneracy of the link structure-function: there are more genotypes than phenotypes. Hence, function (i.e. meaning), not structure, is selected. The selection for successful ontogenesis in a varying environment creates developmental robustness to mutational and environmental perturbations and, consequently, to the halt of evolution. Evolution is resistance to entropy, the adaptation to environment being only one of the means of this resistance. Everything essential in biology is determined not by physical causality but by semantic rules and goal-directed programs. This principal operates on various levels of biological organization. (shrink)

Dr. George Victor Studies Comprehensively Sankaracarya S Teachings On Vedanta His Views On Scripture, Perception And Inference As Pramanas Or Standards Of Knowledges; His Explanations Of The Relation Between Brahman And Atman, Brahman And Äsvara, Maya And The World; And His Concepts Of Jnana Marga, Karma Marga And Moksa.

Containing Both Intellectually Stimulating And Academically Entertaining Essays And Papers Presented At The Fifteenth International Congress Of Vedanta In The United States, This Book Honours The Congress Founder, Professor Rama Rao Pappu. This Volume Analytically Discusses The Ideologies Of Shankara, Ramanuja, Madhva, Vallabha, Tyagaraja And Satya Sai Baba.

Containing Both Intellectually Stimulating And Academically Entertaining Essays And Papers Presented At The Fifteenth International Congress Of Vedanta In The United States, This Book Honours The Congress Founder, Professor Rama Rao Pappu. This Volume Analytically Discusses The Ideologies Of Shankara, Ramanuja, Madhva, Vallabha, Tyagaraja And Satya Sai Baba.

Building on the breakthrough text Philosophy and Engineering: An Emerging Agenda, this book offers 30 chapters covering conceptual and substantive developments in the philosophy of engineering, along with a series of critical reflections by engineering practitioners. The volume demonstrates how reflective engineering can contribute to a better understanding of engineering identity and explores how integrating engineering and philosophy could lead to innovation in engineering methods, design and education. The volume is divided into reflections on practice, principles and process, each of (...) which challenges prevalent assumptions and commitments within engineering and philosophy. The volume explores the ontological and epistemological dimensions of engineering and exposes the falsity of the commonly held belief that the field is simply the application of science knowledge to problem solving. Above all, the perspectives collected here demonstrate the value of a constructive dialogue between engineering and philosophy and show how collaboration between the disciplines casts light on longstanding problems from both sides. The chapters in this volume are from a diverse and international body of authors, including philosophers and engineers, and represent a highly select group of papers originally presented in three different conferences. These are the 2008 Workshop on Philosophy and Engineering held at the Royal Academy of Engineering; the 2009 meeting of the Society for Philosophy and Technology at the University of Twente in the Netherlands; and the Forum on Philosophy, Engineering, and Technology, held in Golden, Colorado at the Colorado School of Mines. (shrink)

A student of Étienne Gilson and Joseph Owens, John P. Doyle taught medieval and Scholastic philosophy at Saint Louis University for forty years. Of continuing interest to Doyle has been the thought of Francisco Suárez, S.J. On this topic Doyle has published over a dozen articles and four English translations of portions of Suárez's key works. This volume celebrates the life and career of one of those rare kinds of scholars who has mastered an entire field of inquiry and thought.

Inclusive single jet production in hadron collisions is considered. It is shown that the QCD parton model predicts a nonmonotonic dependence of the inclusive cross section on the fraction of the energy deposited in the jet registered, if it is normalized on the same cross section measured at another collision energy. Specifically, if the cross section is normalized by the one measured at a higher collision energy, it possesses a minimum which depends on jet rapidity. This prediction can be tested (...) at the Fermilab Tevatron, at the CERN LHC, and at the Very Large Hadron Collider under discussion. (shrink)

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory would cast tort actions as a means of enforcing wrongdoers’ moral duties of repair. We provide both legal and moral reasons for declining their invitation. Rebecca Stone (...) draws a particular link between civil recourse in private law theory and the right of self-defense as recognized in criminal law and moral theory. While we share Stone’s basic inclination, we argue for a different version of the link than the one that she draws. Veronica Rodriguez-Blanco provides a critique of our model of negligence law based on action theory. In response, we explain – in a way that we hope sheds light on debates over moral luck – how it is possible for the law to define negligence such that its commission depends simultaneously on the character of the defendant’s conduct and on the consequences that result from it. Though generally sympathetic to our approach, Stephen Smith faults us for failing satisfactorily to explain important remedial dimensions of tort law. Stubbornly, we insist that we can account for these, and indeed can do so on more satisfactory terms than corrective justice theorists. Finally, Erin Kelly challenges us to consider how our work might inform the analysis of two pressing issues of racial justice: overcriminalization and reparation payments. While we question whether our work to date has as much to offer on these matters as she suggests, we also maintain that the core principle of civil recourse theory – where there is a right there is a remedy – provides grounds for critiquing modern law’s failure to provide adequate accountability when police officers use excessive force against persons of color. (shrink)

This volume offers an English translation of John of St. Thomas's Cursus theologicus I, question I, disputation 2. In this particular text, the Dominican master raises questions concerning the scientific status and nature of theology. At issue, here, are a number of factors: namely, Christianity's continual coming to terms with the "Third Entry" of Aristotelian thought into Western Christian intellectual culture - specifically the Aristotelian notion of 'science' and sacra doctrina's satisfaction of those requirements - the Thomistic-commentary tradition, and the (...) larger backdrop of the Iberian Peninsula's flourishing "Second Scholasticism." In this latter context, John of St. Thomas applies the theological principles of Thomas Aquinas to the Scholastic disputes preoccupying Thomist, Franciscan, and Jesuit theologians, such as Cajetan, Bañez, Luis de Molina, Vazquez, Suárez - to name only a few - in a tour de force of theological thinking throughout the entire period of Scholasticism. In the process - and not insignificantly - the status quaestionis of theology's scientific character is clearly framed and answered according to John's satisfaction. Key to John of St. Thomas's resolution of the question is his understanding of the continuity of the power of human reason with the super-intelligibility of divine revelation spelled out in terms of what he calls "virtual revelation." This text presented in this volume is a quintessential example of the deep and abiding harmony that flourished between faith and reason as well as grace and nature within the golden era of Baroque Scholasticism. (shrink)

This book presents some of the most recent trends and developments in Presocratic scholarship. A wide range of topics are covered - from the metaphysical to the moral to the methodological - as well as a broad a range of authors: from recognized figures such as Heraclitus and Parmenides to Sophistic thinkers whose place has traditionally been marginalized, such as Gorgias and the author of the Dissoi Logoi. Several of the pieces are concerned with the later reception and influence of (...) the Presocratics on ancient philosophy, an area of study important both for the light it sheds on our evidence for Presocratic thought and for understanding the philosophical power of their ideas. Drawing together contributions from distinguished authorities and internationally acclaimed scholars of ancient philosophy, this book offers new challenges to traditional interpretations in some areas of Presocratic philosophy and finds new support for traditional interpretations in other areas. (shrink)

This study used a partial least squares structural equation modelling (PLS-SEM) to estimate curriculum management's direct and indirect effects on university graduate programmes' viability. The study also examined the role of institutional effectiveness in mediating the nexus between the predictor and response variables. This is a correlational study with a factorial research design. The study's participants comprised 149 higher education administrators (23 Faculty Deans and 126 HODs) from two public universities in Nigeria. A structured questionnaire designed by the researchers was (...) used for data collection. The questionnaire was duly validated with an acceptable scale and item content validity indices. The dimensionality of the instrument was determined using exploratory factor analysis (EFA). Convergent validity was based on Average Variance Extracted (AVE), whereas discriminant validity was based on Fornell-Lacker criteria and the Hetero-Trait Mono-Trait (HTMT) ratio. Acceptable composite reliability estimates of internal consistency were reached for the three sub-scales. Following ethical practices, the questionnaire was physically administered to respondents and retrieved afterwards. Smart PLS (version 3.2.9) and SPSS (version 26.0) programs were used for all the statistical analyses. This study uncovered significant direct and indirect effects of curriculum management on the viability of graduate programmes. Institutional effectiveness significantly impacted graduate programmes’ viability while mediating the nexus between curriculum management and graduate programmes’ viability. Curriculum management and institutional effectiveness jointly explained a significant proportion of graduate programmes’ viability variance. The result of this study proved that graduate programmes’ viability depends, to a great extent, on how much curriculum is managed and how effective institutions are with their services. The result of this study can enable institutions seeking to run viable graduate programmes to re-evaluate their curriculum management practices and the effectiveness of their services. (shrink)

This monograph examines the domain of classical political economy using the methodologies developed in recent years both by the new discipline of econo-physics and by computing science. This approach is used to re-examine the classical subdivisions of political economy: production, exchange, distribution and finance. The book begins by examining the most basic feature of economic life – production – and asks what it is about physical laws that allows production to take place. How is it that human labour is able (...) to modify the world? It looks at the role that information has played in the process of mass production and the extent to which human labour still remains a key resource. The Ricardian labour theory of value is re-examined in the light of econophysics, presenting agent based models in which the Ricardian theory of value appears as an emergent property. The authors present models giving rise to the class distribution of income, and the long term evolution of profit rates in market economies. Money is analysed using tools drawn both from computer science and the recent Chartalist school of financial theory. Covering a combination of techniques drawn from three areas, classical political economy, theoretical computer science and econophysics, to produce models that deepen our understanding of economic reality, this new title will be of interest to higher level doctoral and research students, as well as scientists working in the field of econophysics. (shrink)

This monograph examines the domain of classical political economy using the methodologies developed in recent years both by the new discipline of econo-physics and by computing science. This approach is used to re-examine the classical subdivisions of political economy: production, exchange, distribution and finance. The book begins by examining the most basic feature of economic life – production – and asks what it is about physical laws that allows production to take place. How is it that human labour is able (...) to modify the world? It looks at the role that information has played in the process of mass production and the extent to which human labour still remains a key resource. The Ricardian labour theory of value is re-examined in the light of econophysics, presenting agent based models in which the Ricardian theory of value appears as an emergent property. The authors present models giving rise to the class distribution of income, and the long term evolution of profit rates in market economies. Money is analysed using tools drawn both from computer science and the recent Chartalist school of financial theory. Covering a combination of techniques drawn from three areas, classical political economy, theoretical computer science and econophysics, to produce models that deepen our understanding of economic reality, this new title will be of interest to higher level doctoral and research students, as well as scientists working in the field of econophysics. (shrink)