Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, (...) the performance of their contract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, and drawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area of arbitral procedure. (shrink)

This paper is about an asymmetry in the justification of praising and blaming behaviour which free will theorists should acknowledge even if they do not follow Wolf and Nelkin in holding that praise and blame have different control conditions. That is, even if praise and blame have the same control condition, we must have stronger reasons for believing that it is satisfied to treat someone as blameworthy than we require to treat someone as praiseworthy. Blaming behaviour which involves serious harm (...) can only be justified if the claim that the target of blame acted freely cannot be reasonably doubted. But harmless praise can be justified so long as the claim that the candidate for praise did not act freely can be reasonably doubted. Anyone who thinks a debate about whether someone acted freely is truth-conducive has to acknowledge that reasonable doubt is possible in both these cases. (shrink)

In this essay the visual arts of the machine age morph into literature and theory and then back again to images, gestures, and thought.

During the seventeenth century Francisco Surez was considered one of the greatest philosophers of the age: he is now reemerging as a major subject of critical and historical investigation. A leading team of scholars explore his work on ethics, metaphysics, ontology, and theology. This will be the starting-point for future research on Surez.

“Sophisticated” theories of welfare face two potentially devastating criticisms. They are based upon two claims: that theories of welfare should be tested for what they imply about newborn infants and that even if a theory of welfare is intended to apply only to adults, we might still have sufficient reason to reject it because it implies an implausible divergence between adult and neonatal welfare. It has been argued we ought reject sophisticated theories of welfare because they have significantly counterintuitive implications (...) about neonatal welfare and because they imply an implausible divergence between the welfare of adults and that of newborns. I argue against both claims. (shrink)

This Note will address the salience of a simple analogy: will privacy law be for the information age what consumer protection law was for the industrial age? At the height of industrialization, the United States market for consumer products faced instability caused by a lack of consumer competence, lack of disclosure about product defects, and advancements in technology that exacerbated the market's flaws. As this Note will show, these same causes of market failure are stirring in today's economy as well. (...) The modern economy is not one of goods but of information, and although consumers have long been aware that their personal information may have marketing value, the Internet has fundamentally changed the scope and depth of information collection, exposing more consumers than ever to injuries requiring not just a comprehensive remedy but a wholesale change in the level of care of the information industry. Just as the mass-production economy precipitated a wave of reforms in consumer protection (in part thanks to a kick-start by author Upton Sinclair), so too must the mass-information economy adapt. After demonstrating the parallels between the problems of today with those of yesterday, this Note will propose parallel solutions, particularly a consolidation of regulatory power and a new tort for breach of information privacy, which draws its inspiration from general products liability. These proposals show that rather than reinvent the wheel, modern lawmakers can (and should) answer today's problems with lessons from the last century. (shrink)

_Steal This University_ explores the paradox of academic labor. Universities do not exist to generate a profit from capital investment, yet contemporary universities are increasingly using corporations as their model for internal organization. While the media, politicians, business leaders and the general public all seem to share a remarkable consensus that higher education is indispensable to the future of nations and individuals alike, within academia bitter conflicts brew over the shape of tomorrow's universities. Contributors to the volume range from the (...) star academic to the disgruntled adjunct and each bring a unique perspective to the discussion on the academy's over-reliance on adjuncts and teaching assistants, the debate over tenure and to the valiant efforts to organize unions and win rights. (shrink)

The history of design arguments stretches back to before Aquinas, who claimed that things which lack intelligence nevertheless act for an end to achieve the best result. Although science has advanced to discredit this claim, it remains true that many biological systems display remarkable adaptations of means to ends. Versions of design arguments have persisted over the centuries and have culminated in theories that propose an intelligent designer of the universe. This volume is the only comprehensive survey of 2,000 years (...) of debate, drawing on both historical and modern literature to identify, clarify and assess critically the many forms of design argument for the existence of God. It provides a neutral, informative account of the topic from antiquity to Darwin, and includes concise primers on probability and cosmology. It will be of great value to upper-level undergraduates and graduates in philosophy of religion, theology, and philosophy of science. (shrink)

Empirical advances have been made in understanding how human language, in its combinatorial complexity and unbounded expressivity, may have evolved from the communication systems present in our evolutionary ancestors. However, a number of cognitive processes and neurobiological mechanisms that support language may not have evolved specifically for communication, but rather from abilities that support perception and cognition more generally. We review recent evidence from comparative behavioural and neurobiological studies on structured sequence learning in human and nonhuman primates. These studies support (...) the notion that certain sequence learning abilities are evolutionarily conserved and engage corresponding inferior frontal brain regions across the species, regions also involved in processing language in humans. Alongside the cross-species similarities is evidence for human specialisations, illuminating the likely evolutionary pathways towards language in modern humans. We argue that cognitive abilities that were in place for animals to learn combinatorial relationships in the sensory world were available and co-opted for language in humans. (shrink)

Twenty years is a long time in the life of a science. While the historical roots of psychology have not changed since the first edition of this book, some of the offshoots of the various theories and systems discussed have been crit ically reexamined and have undergone far-reaching modifications. New and bold research has led to a broadening of perspectives, and recent devel opments in several areas required a considerable amount of rewriting. I have been fortunate in the last fifteen (...) years to have worked with about 2,000 psychologists and other behavioral scientists who contributed to several collected volumes I have edited. As the editor-in-chief of the In ternational Encyclopedia of Psychiatry, Psychology, Psychoanalysis and Neurol ogy, I have had the privilege of reading, scrutinizing, and editing the work of 1,500 experts in psychology and related disciplines. In addition, I have written several books and monographs and over one hundred scientific papers. Armed with all that experience, I have carefully examined the pages of the first edition. Chapter 8 required substantial rewriting and several new sections have been added to other chapters: "Current Soviet Psychol ogy" (Chapter 2, Section 7); "New Ideas on Purposivism" (Chapter 5, Sec tion 4); "Recent Developments in the Sociological School of Psychoanalysis" (Chapter 9, Section 4); and "Present Status of Gestalt Psychology" (Chapter 12, Section 4). Chapter 15 was omitted, and two new chapters were added: Chapter 14 ("Humanistic Psychology") and Chapter 16 ("Selected Research Areas"). (shrink)

Increasing attention has been paid to Platonism in Rousseau’s moral and political thought; however, there has been incomplete consideration of his annotated Platonis Operum – a Ficino Latin translation. Addressing this lacuna, the article details Rousseau’s study of Plato’s works. It can be shown that Rousseau’s reading of Plato commenced no earlier than the summer of 1737 during his residence at Les Charmettes. At this time, Rousseau had been considering a set of largely seventeenth-century philosophical texts, which allows contextualisation of (...) his encounter with Plato and the themes he drew upon. As part of a cluster of intellectual activities, Rousseau canvassed Platonic tropes of sublimated Eros and disinterestedness. Meanwhile, he conceptualised ideas as objects of the understanding typical of Locke and a seventeenth-century discourse known as the ‘way of ideas’. These interests challenge existing accounts of Rousseau’s Platonism; moreover, Rousseau’s mature works attempt to reconcile Platonic beliefs on sublime love with ideas conceptualised under a demi-Lockean episteme. (shrink)

O'Regan & Noë (O&N) present the most radical departure yet from traditional approaches to visual perception. However, internal representation cannot yet be abandoned. I will discuss: (1) recent evidence for very short-term pictorial representation of each fixation; (2) the possibility of abstract representation, largely unconsidered by the authors; and (3) that sensorimotor contingency theory requires internal visual retention and comparison.

À l'occasion du projet d'informatisation du contrôle aérien civil qui débute en 1961, une équipe de psychologues est associée aux ingénieurs chargés de la réalisation du nouveau système pour l'adapter aux conditions particulières du travail des « aiguilleurs du ciel ». Cette collaboration permet à l'ergonomie de l'informatique de forger ses premiers concepts et de les appliquer au Cautra . Hébergés dès 1969 par l'Institut de recherche en informatique et en automatique , l'équipe d'André Bisseret découvre les difficultés du travail (...) transdisciplinaire avec une communauté informaticienne se défiant de cette irruption incompréhensible de psychologues sur son territoire de compétence. Ces conflits, incompréhensions et rencontres manquées n'empêchent pas l'ergonomie de développer ses recherches autour des notions d'utilisateur et d'interface et de proposer des réponses aux interrogations et aux angoisses que l'ordinateur fait naître dans le grand public dès le milieu des années 1970.On the occasion of the computerization project of civil air traffic control starting in 1961, a team of psychologists is associated with the engineers responsible for implementation of the new system to adapt to the unique circumstances of the "air traffic". This collaboration enables the ergonomics of the computer first forging his concepts and apply them to Cautra . Hosted in 1969 by the Institute for Research in Computer Science and Control , André Bisseret team discovers the difficulties of working with an interdisciplinary community informaticienne distrustful of this irruption incomprehensible psychologists on its jurisdiction. These conflicts, misunderstandings and missed connections do not prevent the development of ergonomics research around the concepts of user interface and provide answers to questions and anxieties that the computer gives rise to the general public from the mid-1970s. (shrink)

In this paper, we present an argument strengthening the view of Norman Daniels, Bruce Kennedy and Ichiro Kawachi that justice is good for one's health. We argue that the pathways through which social factors produce inequalities in sleep more strongly imply a unidirectional and non-voluntary causality than with most other public health issues. Specifically, we argue against the 'voluntarism objection' – an objection that suggests that adverse public health outcomes can be traced back to the free and voluntary choices of (...) individual actors. Our argument proceeds along two lines: an empirical line and a conceptual line. We first show that much of the empirical research on sleep supports the view that those with fewer opportunities are those who have poorer sleep habits. We then argue that sleep-related decisions are not of the same nature as most other lifestyle choices, and therefore are not as easily susceptible to the voluntarism objection. (shrink)

Secondary findings for adult-onset diseases in pediatric clinical sequencing can benefit parents or other family members. In the absence of data showing harm, it is ethically reasonable for parents to request such information, because in other types of medical decision-making, they are often given discretion unless their decisions clearly harm the child. Some parents might not want this information because it could distract them from focusing on the child's underlying condition that prompted sequencing. Collecting family impact data may improve future (...) policy determinations. (shrink)

Offers a detailed critique of the Bush administration's foreign policy, including arguments about the imposition of democracy on foreign nations and hypocritical actions by America.

I defend a deontological social contract justification of punishment for philosophers who deny free will and moral responsibility (FW/MR). Even if nobody has FW/MR, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the (...) imprisonment of violent criminals if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. (shrink)

Volume 20, Issue 5, June 2020, Page 22-23.

This book outlines the various approaches to anarchist thought, explaining differences between rival traditions, and assesses how anarchism challenges hierarchies of power in the generation of social goods.

Based on the definitive English edition of Kierkegaard's works by Princeton University Press, this series of commentaries addresses all the published texts of ...

Century has requested me to answer for his readers. I comply; but, to be frank, I find it a difficult task. If the editor or one of his contributors had only suggested a reason why I should be anything other than an Anarchist, I am sure I should have no difficulty in disputing the argument. And does not this very fact, after all, furnish in itself the best of all reasons why I should be an Anarchist – namely, the impossibility (...) of discovering any good reason for being anything else? To show the invalidity of the claims of State Socialism, Nationalism, Communism, Single taxism, the prevailing capitalism, and all the numerous forms of Archism existing or proposed, is at the same blow to show the validity of the claims of Anarchism. Archism once denied, only Anarchism can be affirmed. That is a matter of logic. (shrink)