The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the (...) constraint that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

The history of climate research in the 20th century has been characterised by a crucial shift from a geography-oriented, two-dimensional approach towards a physics-based, three-dimensional concept of climate. In the 1930s, the introduction of new technology, such as radiosondes, enabled climatologists to investigate the high atmosphere, which had previously been out of reach. This “conquest of the third dimension” challenged the surface-oriented, geographical notion of climate patterns and opened up climatology to a three-dimensional approach, which deeply changed the character of (...) climate research. Two decades later, by drilling deep into polar glaciers and using the downward vertical dimension as an archive of the earth's history, ice core scientists began to reconstruct past climates layer by layer. The data retrieved in deep glacial layers contributed crucially to a temporal expansion of climate history far beyond human timescales. However, the inaccessibility of glaciers and the practical challenges of bringing fragile fragments of ice into transnational networks of scientific exchange meant that this vertical extension of climate knowledge production proceeded through a range of new scientific practices, and was shaped by new forms of international collaboration. Furthermore, this vertical approach to glaciers also asked for a new understanding of glacier volume. Drawing on archival and printed sources, I argue that ice core research represented a second discovery of the third dimension, this time downwards into the depth of the earth's surface, but again with decisive consequences for the research practice, for collaboration politics, and for understandings of climate, spatially as well as temporally. (shrink)

This paper argues that the direct, vertical toleration of certain types of citizen by the Rawlsian liberal state is appropriate and required in circumstances in which these types of citizen pose a threat to the stability of the state. By countering the claim that vertical toleration is redundant given a commitment to the Rawlsian version of the liberal democratic ideal, and by articulating a version of that ideal that shows this claim to be false, the paper reaffirms the (...) centrality of vertical toleration in the Rawlsian liberal account of state-citizen relations. (shrink)

Solutions to the urban problems of the future must assume the new reality of megacities. The inevitable technological progress must find a balance with the ‘bio-ecological' recovery of the natural environment. In the vertical bionic city, all these occur; bio intelligence and giant structures of the city are merged into a single. These structures try to survive by relying on working together as a single organism alive, as ants work in their nest. What makes them so efficient? What makes (...) them work all together? What will be the future form of our building environment? Our future habitable environment is more likely to be in a vertical built form, against the horizontal city form. There are many reasons to believe that the new vertical cities will be more sustainable than the conventional horizontal cities. If this logic is accepted as the future scenario, then the question facing all planners and architects today is: Should we take this built form and make it more socially accepted, physically habitable, and human? This paper examines some of the key implications of this scenario, and the criteria for the design and planning of our future sustainable built environment as the vertical cities in the sky. (shrink)

I argue that Goethe’s philosophy of nature can be presented in a vertical order of stages. By reading his natural philosophy as a system of hypostases, Goethe’s accentuation of a divine ground can be taken seriously. Related to the Neoplatonic hypostasis models, for Goethe the living organisms rest on a divine and metaphysical entity. It is a guiding argument of this article that the enigmatic and inexhaustible ‘Bildungstrieb’ (nisus formativus) of all-nature expresses itself in the respective primordial phenomena (Urphänomene). (...) For this purpose, the ‘Bildungstrieb’ uses the two authoritative laws of polarity (Polarität) and increase (Steigerung). These laws form the second level of the graduaded order. The sphere of the diverse Urphänomene can thus be marked as the third level. They are themselves dependent on the Bildungstrieb and the principles of increase and polarity. (shrink)

This paper introduces this mini-series on vertical equity in health care. It reflects on the fact that by and large equity policies in health care have failed and that there is a need for positive discriminationto promote equity better in future. This positive discrimination is examined under the heading of`vertical equity'. The paper considers Varian's notion of 'envy' as a basis for equity in health care but concludes that this is not a helpful route to go down. Better (...) it would seem to pursue the idea from Sen of 'freedoms' and 'communitarian claims' (as raised previously by this author). While it is argued that procedural justice is to be preferred in the longer run as a basis for equity there are gains in adopting a short run goal of promoting distributive justice. Some preliminary evidence is presented on the weighting of health gains to reflect such vertical equity concerns. (shrink)

In this paper I explore consciousness and intelligence in the setting of conventional neuroscience and cognitive science. To be conscious is to be aware but awareness is not always intelligence. Intelligence is task driven, and comes at a later stage in development than consciousness. Consciousness and intelligence are sometimes interdependent on each other, but have always been known as separate entities; an attempt to associate them, results in a lot of debate. This paper hypothesises the growth of consciousness to be (...) horizontal, while the growth of intelligence to be vertical during the progression of development. The horizontal growth of consciousness is completely dependent on cell division and cell differentiation, while the vertical growth of intelligence depends on the horizontal growth of consciousness and enhancement of neural systems. Consciousness is computed within the microtubular network of a single cell, which amplifies with multicellularity, while intelligence is related to the nervous system which matures with complexity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vertical Transmission:The Patient, the Student, the TeacherMiguel PaniaguaHe did not ask for this fate, nor did he deserve it, particularly considering the tragic circumstances. Lì presented to the campus health provider one month prior with fatigue, abdominal pain, and jaundice. He and his parents immigrated to the United States from China when he was a child. He was well aware that he had hepatitis B from what is (...) termed "vertical transmission." His mom unknowingly passed on this virus to him during her pregnancy. In most countries with a high prevalence of the virus, prenatal screening is routinely undertaken, and prophylaxis administered. I am not certain this occurred in Lì's case and at this point it did not matter. Lì knew he would live with this for the duration of his life. In fact, he told me he had gone his whole life to this point without any symptoms whatsoever. What is known about chronic hepatitis B infection is that in most people affected, it can be considered a chronic disease where most live a long full life. The risk of advancing to liver cirrhosis or cancer in general is low. This unfortunately was not the case with Lì.What transpired was what they most feared. As he was studying for his final exams, Lì endured days of worsening fatigue, malaise, and nausea. He noticed his skin was a tinge of yellow and he was having some itching that was unusual. He noticed his clothes fitting more loosely and found he had unintentionally lost twenty pounds. He visited the campus health center and after a series of tests and imaging studies, Lì was diagnosed with advanced hepatocellular carcinoma, an unfortunate sequela of this chronic infection. It was then that he put school on hold and returned home to get further care.I first met Lì in the hospital as a consultant for the palliative medicine service. "He won't listen." "He is so difficult." "He is in denial." These were examples of some of the care team's exasperated assessments of his demeanor as a patient. What I did not realize prior to visiting him the first time was that Lì was a pre-clinical medical student. When I first met him, he did not want to talk very much; he was preoccupied and distant. In retrospect, I can see that he was suffering on so many levels. His appearance was gaunt and cachectic. The lights in the room cast shadows in the concave areas of his temples and his collarbones were the most prominent feature of his torso through his hospital gown. He glowed yellow from jaundice. When I examined him on this first visit, I noticed that his liver, a now grossly enlarged hard and nodular structure, occupied most of his abdomen. I found that speaking to him as a colleague, even calling him "doctor," helped him feel respected and enabled me to build rapport with him. At one point, I described to him the findings I felt in his abdomen. "I can palpate the edge of your liver here, what seems to be eight centimeters below your costal margin. There are many palpable nodularities on the ventral surface." It was at this point I invited him to palpate what I was feeling. I gently guided his own hand over his abdomen and noticed him studying the features as if they were not his own, like a skilled diagnostician.Over the course of three weeks, I visited with Lì when I was on service. The last time I saw him, he had declined rapidly, his disease progressing [End Page 17] cruelly, and he was very short of breath and becoming more somnolent. I noticed his mother in the room, standing by his bed, and crying inconsolably as he lay suffering. I felt deep anguish and remorse, wondering if she said these words to herself "It is all my fault," considering the source of his initial illness. I cannot even imagine.As I assisted the team in titrating his comfort medications, I sat with him. He shook my hand with all the strength left that he could muster and said, "you are a good doctor." I... (shrink)

The purpose of this article is to study the use of “UP–DOWN” metaphors in Russian and French material. A list of 10 conceptual metaphors expressing up–down movement was proposed by CitationLakoff and Johnson (1980), and this list has been reproduced many times since. However, this analysis shows that the list is not fully accurate. In addition to the conceptual metaphors proposed by Lakoff and Johnson, the authors find it important to include 5 more metaphorical models expressing vertical movement. On (...) the other hand, 5 of the conceptual metaphors in Lakoff and Johnson's list turned out not to be relevant to this analysis. The authors also attempt to describe the connections between different metaphoric models and observe that not all metaphoric models are equally important in their evidential and conceptual power. (shrink)

Näive Realists have recently proposed that illusions occur in circumstances that are ‘non-paradigmatic’ or with which we are insufficiently familiar. While this proposal may work for many of the illusions philosophers normally discuss, I argue in this paper that there are other illusions that do not fit this pattern. In particular, the vertical-horizontal illusion (VHI) occurs in circumstances that are both familiar and paradigmatic, while disappearing (or becoming attenuated) in more unusual circumstances.

Vertical/compatible theoretical integration provides an alternative way of unifying sociocultural anthropology and related disciplines. It involves analyzing theoretical statements for their implicit and explicit assumptions at multiple levels of analysis and then determining whether these assumptions are compatible with consensus in the relevant disciplines (e.g., does the sociological theory include an assumption at odds with consensus psychology?). Incompatibilities indicate a need for further research. This approach is much more likely to salvage the bulk of humanities-oriented anthropology than is that (...) of the authors. (Published Online November 9 2006). (shrink)

Descriptive abstraction means omission of information from descriptions of phenomena. In this paper, I introduce a distinction between vertical and horizontal descriptive abstraction. Vertical abstracts away levels of mechanism or organization, while horizontal abstracts away details within one level of organization. The distinction is implicit in parts of the literature, but it has received insufficient attention and gone mainly unnoticed. I suggest that the distinction can be used to clarify how computational descriptions are formed in some variants of (...) the mechanistic account of physical computation. Furthermore, I suggest that, if this suggestion is adopted, it can be used to resolve what I call abstraction, hierarchy, and generality problems raised against mechanistic account of physical computation. According to the abstraction problem, the mechanistic account of physical computation is conceptually confused in claiming that physical systems process computational, abstract properties. An existing solution distinguishes between descriptive and metaphysical abstraction, suggesting that the abstraction problem unnecessarily postulates metaphysically abstract entities. The solution has been criticized for leading to what I call hierarchy and generality problems: it results in two separate hierarchies, one physical and one computational, making it problematic both to account for the generality of computational descriptions and to specify how the two hierarchies are related to each other. Adopting the vertical-horizontal distinction and the view that computational descriptions are achieved by horizontal abstraction allows one to account for the generality of computational descriptions, and to form a single hierarchy in which there are no separate hierarchies in need of integration. (shrink)

Transcendence is explored from two perspectives: the traditional concept wherein the origination of the sacred is “out there,” and the alternate concept wherein the sacred originates “here.” Each is evaluated from the perspectives of aesthetics and hierarchy. Both forms of transcendence are viewed as essential to the full religious life.

The object of the study is atheism and theism as important ideological components of two opposing solutions to the "main question of philosophy" – materialism and idealism – forming two systems of human life navigation. The subject of the study is two ideological paradigms – Soviet atheism and Orthodox Christianity. Materialism and atheism are the fundamental elements of the Marxist doctrine underlying the philosophy and culture of the Soviet period of Russian history, opposing theism, creationism and providentialism of the Christian (...) understanding of the world and man, characteristic of the ideological paradigm of pre–revolutionary Russia. The purpose of the study is to clarify and substantiate the ideological intersection of these seemingly incompatible ideological positions. One of the objectives of the study is to substantiate their vertical semantic and value orientation. The novelty of the research, in particular, lies in the substantiation of the statement that two incompatible ideological poles represent varieties of the classical philosophical tradition with its vertical value-semantic orientation, and together oppose the main orientation of non-classical philosophy based on a horizontal scale of meanings and values. One of the main conclusions is that the vertical of Soviet materialism and atheism is a paradox and at the same time its tragedy: surprisingly, due to the vertical orientation of Soviet culture – formally atheistic – it is actually permeated with religious intuitions, questions, problems, ideas and plots disguised as secular concepts and terms, which finds its manifestation in various works of Soviet artistic culture. (shrink)

I outline two ways of reading what is at issue in the exclusion problem faced by non-reductive physicalism, the “vertical” versus “horizontal”, and argue that the vertical reading is to be preferred to the horizontal. I discuss the implications: that those who have pursued solutions to the horizontal reading of the problem have taken a wrong turn.

This paper analyses the formation of power of the Christian regime of truth in the context of Foucault’s concept of strategic formations. The main emphasis is on the sexual formation of power in three focal points of its agency. The first focal point is formed around the conflict between the Old Testament truth regime and the Canaan cult of fertility. The second focal point is formed around the influence of ancient philosophical thought, primarily through the philosophy of stoicism, which sees (...) abstinence from the sexual act as an opening to divine inspiration and around medical knowledge of antiquity. The third focal point is formed around control mechanisms of the Christian regime of truth through classification, regulation, prohibition, tariffing offences and corrections of doctrine. The main purpose of the formation of power is the vertical structuring of the regime of truth in its anthropomorphic and androcentric immanence. (shrink)

I outline two ways of reading what is at issue in the exclusion problem faced by non-reductive physicalism, the “vertical” versus “horizontal”, and argue that the vertical reading is to be preferred to the horizontal. I discuss the implications: that those who have pursued solutions to the horizontal reading of the problem have taken a wrong turn.

behaviour from the rival manufacturer. We consider the case where franchise fees can be used to extract retailers' surplus. We show that vertical separation is in the collective, as well as individual, interest of manufacturers, and hence facilitates some collusion in the simple setting..

By excavating the ambiguities of the helicopter’s machinic-prosthetic view, a perspective which may be distant and abstract, while also near and viscerally present, this article will explore how megacity security is increasingly waged and consumed. The article argues that megacity security marches to the rotator-beat of the police helicopter, fuelled by military technophilia and in a context of the biopolitical desertion of the megacities’ most vulnerable. The article takes three aspects, visually expressed and constituted through aerial-helicopter security. Drawing from several (...) megacity examples including Mumbai, Lagos, São Paulo and Rio de Janeiro, the first resolves megacity confusion with legibility. In the following section the article examines the mobilization of the security gaze, and the final section explores how helicopter visuality may hold or territorialize megacity space. (shrink)

RESUMENEste artículo busca abordar una cuestión que parece cobrar relevancia política en sociedades postmodernas y secularizadas: las implicaciones que para la ética política puede tener el considerar el mundo como un lugar vacío de sentido inherente o, por el contrario, como una realidad moral. Para ello se recupera la crítica que autores como Leo Strauss y Eric Voegelin, apoyados en una visión clásica de la política que reunía verdad y política, hicieron de Max Weber, cuya reflexión partía de la imposibilidad (...) de fundamentar objetivamente los valores y, por tanto, de conciliar verdad y política. La cuestión que se abre es si una perspectiva que, como la clásica, busca reunir verdad y política, no puede resultar paradójicamente menos consistente para dar cuenta de la especificidad de la ética política que otra que, como la weberiana, da por sentado la imposibilidad de tal reunión.PALABRAS CLAVEPOLÍTICA, VERDAD, ÉTICA, VALORES, VIOLENCIA, WEBER, STRAUSS, VOEGELINABSTRACTThis article deals with an issue that seems to become relevant in postmodern and secularized societies: the implications for political ethics of considering the world as a place without any essential and inherent meaning or, on the contrary, as a moral reality. In order to do this, we recover the criticism made by authors like Leo Strauss and Eric Voegelin –based on a classical concept of politics, joining truth and politics together–of Max Weber’s point of view, starting from the impossibility of objectively founding values and thus, of reconciling truth and politics. The question that arises is, if one perspective looks to join truth and politics together, as does the classical one, it cannot be paradoxically less able to portray the particularity of political ethics than another, like the Weberian one, which supposes the impossibility of the union of truth and politics.KEY WORDSPOLITICS, TRUTH, ETHICS, VALUES, VIOLENCE, WEBER, STRAUSS, VOEGELIN. (shrink)

Like other aspiring geologists in the 1830s, Darwin focused heavily on the rising and falling of the earth's crust. I use his time in the Andes to underscore the importance he placed on larger questions of vertical movement, which mountains helped to solidify in his mind. His most impressive ramblings occurred in 1835 on two high passes in the Andes. Prior to his upland journey, he was well prepared to see the gradual movement of the earth's crust, but his (...) time in the mountains honed his vertical vision. His actual travels up and over enabled him to think more clearly about rise and fall, and how corresponding geographies could link the past to the present. Mountains were instructive backdrops to his theorizing, partly because he traveled through them, but also because his time there, linked with other geographies, became a means to foster his thinking both spatially and temporally. He did not think about mountains, but with them and through them. He is a good example of the broader vertical consciousness that directed many sciences at this time. (shrink)

Exploring the first-person narratives of three figures from the Christian, Jewish, and Islamic mystical traditions—St. Teresa of Avila, Rabbi Dov Baer, and Rzbihn Baql—Anthony J. Steinbock provides a complete phenomenology of mysticism based in the Abrahamic religious traditions. He relates a broad range of religious experiences, or verticality, to philosophical problems of evidence, selfhood, and otherness. From this philosophical description of vertical experience, Steinbock develops a social and cultural critique in terms of idolatry—as pride, secularism, and fundamentalism—and suggests that (...) contemporary understandings of human experience must come from a fuller, more open view of religious experience. (shrink)

The significance of private standards and associated local level initiatives in agri-food value chains are increasingly recognised. However whilst issues related to compliance and impact at the smallholder or worker level have frequently been analysed, the governance implications in terms of how private standards affect national level institutions, public, private and non-governmental, have had less attention. This article applies an extended value chain framework for critical analysis of Private Standards Initiatives (PSIs) in agrifood chains, drawing on primary research on PSIs (...) operating in Kenyan horticulture (Horticulture Ethical Business Initiative and KenyaGAP). The paper explores the legislative, executive and judicial aspects of governance in these southern PSIs highlighting how different stakeholders shape debates and act with agency. It is argued that governance is exercised ‘beyond the vertical’ in that one can identify wider horizontal processes of governance, including how the scope of key debates is constructed (especially in legislative governance) but analysis of executive governance emphasises the dominant role of the lead buyers. (shrink)

El objetivo de este artículo es definir qué son los estudios culturales, de género y literarios. Reflexionar acerca de la relación que hay entre ellos. Debatir cómo es posible el hecho de que puedan intersectarse éstos. E intentar explicar el funcionamiento teórico y metodológico de dichas interdisciplinas. Asimismo, este trabajo ofrece un panorama general con respecto a la situación actual de los estudios de género y los estudios literarios con esta perspectiva en México: ¿qué es lo que se está haciendo?, (...) ¿cómo?, ¿en dónde? (shrink)

Exploring the first-person narratives of three figures from the Christian, Jewish, and Islamic mystical traditions—St. Teresa of Avila, Rabbi Dov Baer, and Rzbihn Baql—Anthony J. Steinbock provides a complete phenomenology of mysticism based in the Abrahamic religious traditions. He relates a broad range of religious experiences, or verticality, to philosophical problems of evidence, selfhood, and otherness. From this philosophical description of vertical experience, Steinbock develops a social and cultural critique in terms of idolatry—as pride, secularism, and fundamentalism—and suggests that (...) contemporary understandings of human experience must come from a fuller, more open view of religious experience. (shrink)

The article is a kind of “project essay” or “brain storm” concerning skyscraper cities. It proposes different approaches for the study of this subject. Starting with the observation that in Danish traditional houses are lying, whereas skyscrapers are “standing”, different phenomenological and discursive perspectives for the study are sketched. The article also suggests that the analysis of contemporary skyscraper cities can shed new light on more traditional cities in the same way as new media illuminate the characterics of old media.

La meritocracia es sinónimo de conocimientos o prácticas, que se jerarquizan y estratifican de acuerdo a principios de excelencia y competencia, dirección y capacitación, para la toma de decisiones. Una sociedad o institución es meritocrática, en la medida que se orienta por valores de máxima ..

This study analyses television news coverage of female politicians in Flanders. Women politicians receive less coverage than their male colleagues do. We investigate whether this gender bias can be explained by political differences between men and women or whether a real media bias exists. We examine ten possible explanations, which can be divided into two groups: characteristics of female politicians, such as their function, and of news features, such as the theme of the item. Overall, the lower level functions of (...) female politicians largely determine their limited television news coverage. Nevertheless, female politicians still get less speaking time, even when controlling for all ten variables. Thus, in addition to political gender differences, a real gender bias exists in Flemish television news: Female politicians receive less news coverage compared to male politicians with a similar political status. (shrink)