While corporate fiduciary duties in many jurisdictions are generally understood to be owed to shareholders, recent Canadian Supreme Court cases have held that directors owe their duties to the corporation, period, not to shareholders or any other stakeholders. This development has introduced significant indeterminacy to the law since it is not clear what such a conception of the duty requires. The Supreme Court did, however, make one clear statement: it held that directors owe a fiduciary duty to ensure that their (...) corporations obey statutory law. Such a duty encourages compliance with law, but may over-encourage compliance: individual directors do not necessarily gain personally from legal breaches, but may lose personally from them because of fiduciary liability, so they will have excessively strong incentives to avoid such breaches. The Article connects the fiduciary duty to obey law with recent developments in financial regulation that have increased the obligations on directors of financial institutions to oversee risk. By requiring directors to be engaged with risk at a governance level, regulators have enhanced the probability that directors will face liability under their fiduciary duties if their institutions do not comply with financial regulations. As the Article explains, the policy tradeoff between enhanced compliance benefits and over-compliance costs of fiduciary liability is different in the context of financial regulation from that in other settings. For example, significant corporate penalties, as opposed to penalties borne by individual directors, may be inconsistent with the prudential goals of regulation, perhaps because of toobig- to-fail concerns. The fiduciary duty to cause the corporation to obey financial regulation, and a stricter application of this duty than the highly deferential standard that exists in Delaware law, has advantages that do not exist in other legal and regulatory contexts. (shrink)

The focus of this chapter is the rise of investigations in philosophical aesthetics in the mid-1950s and continuing through to the mid-1960s. This salient issue had to do with the foundations of philosophical aesthetics in the context of the Marxist-Leninist worldview. That this became an issue was due in large part to the appearance, in 1956, of the first Russian translation of Marx’s Economic and Philosophical Manuscripts of 1844. Marx’s emphasis in these writings on the self-constituting, transformative potential of labor (...) suggested possibilities for an aesthetic that did not sit comfortably with the dogmatic principles of dialectical and historical materialism. In effect, the foundational question for a Soviet aesthetics went to the heart of Marxism-Leninism: could young Marx’s anthropocentrism be reconciled with the established Soviet doctrine beholden to, on the one hand, Engels’ metaphysics of “matter-in-motion” and, on the other hand, Lenin’s copy theory of knowledge? Among the aestheticians, the issue surfaced in a debate about the nature of beauty: is beauty relative to man or is it an objectively cognizable material property? To the degree that the parties to this debate addressed the underlying issue, they tended to remain ambivalent toward the result that neither side—those favoring creative expression versus the defenders of objective beauty—simply conceded nor rejected the views of the other. As I argue, a systematic philosophical aesthetics within the scope of Soviet philosophy never saw the light of day. By the mid-1960s, research was ramifying into a variety of adjacent considerations, for example, value theory, theories of culture and cultural artifacts, the history of aesthetic categories, the social and pedagogical functions of art, art and morality in relation to the “socialist way of life,” art in the era of the “scientific-technological revolution,” and so on—of which only some recalled the spirit, rarely the letter, of the initial “aesthetics” discussion. (shrink)

I attempt to clarify the connection between two late texts by V.S. Solov''ëv: Justification of the Good and Theoretical Philosophy. Solov''ëv drew attention to the intrinsic connection between moral and intellectual virtues. Theoretical Philosophy is the initial -- unfinished -- sketch of the dynamism of mind seeking truth as a good. I sketch several parallels and analogies between the doctrine of moral experience set out in Justification and the account of the intellect''s dynamism based on immediate certitude set out in (...) Theoretical Philosophy. Solov''ëv can thus be considered as a virtue epistemologist in the current meaning given to this description. I conclude by suggesting that Solov''ëv''s position on these questions does not easily cohere with the impersonalism he appears to defend in Theoretical Philosophy. (shrink)

The author examines, historically and theoretically, issues related to the state and current tendencies of post-Soviet Russian philosophy. The accent falls on the meta-philosophical question, what is philosophy?, or as the Russians often say, what is philosophizing?. In the Russian case, this question has presently to be handled in a cultural context ridden with a sense of discontinuity following the Soviet collapse. The author sketches some concepts intended to shed light on the nature of the relation between a philosophical culture (...) and the wider socio-cultural context in which it is embedded. The model is applied to the case of post-Soviet philosophy in order to see if and to what extent the logic of Soviet philosophizing and its place in the Soviet socio-cultural order has affected current philosophical tendencies in Russia, above all at the meta-philosophical level. The author concludes with a summary and commentary of the views of A.S. Akhiezer. (shrink)

(1) The induced colours led to perceptual grouping and pop-out, (2) a grapheme rendered invisible through ‘crowding’ or lateral masking induced synaesthetic colours — a form of blindsight — and (3) peripherally presented graphemes did not induce colours even when they were clearly visible. Taken collectively, these and other experiments prove conclusively that synaesthesia is a genuine percep- tual phenomenon, not an effect based on memory associations from childhood or on vague metaphorical speech. We identify different subtypes of number–colour synaesthesia (...) and propose that they are caused by hyperconnectivity between col- our and number areas at different stages in processing; lower synaesthetes may have cross-wiring (or cross-activation) within the fusiform gyrus, whereas higher synaesthetes may have cross-activation in the angular gyrus. This hyperconnec- tivity might be caused by a genetic mutation that causes defective pruning of con- nections between brain maps. The mutation may further be expressed selectively (due to transcription factors) in the fusiform or angular gyri, and this may explain the existence of different forms of synaesthesia. If expressed very diffusely, there may be extensive cross-wiring between brain regions that represent abstract concepts, which would explain the link between creativity, metaphor and synaesthesia (and the higher incidence of synaesthesia among artists and poets). Also, hyperconnectivity between the sensory cortex and amygdala would explain the heightened aversion synaesthetes experience when seeing numbers printed in the ‘wrong’ colour. Lastly, kindling (induced hyperconnectivity in the temporal lobes of temporal lobe epilepsy [TLE] patients) may explain the purported higher incidence of synaesthesia in these patients. We conclude with a synaesthesia-based theory. (shrink)

I attempt to clarify the connection between two late texts by V.S. Solov'ëv: Justification of the Good and Theoretical Philosophy. Solov'ëv drew attention to the intrinsic connection between moral and intellectual virtues. Theoretical Philosophy is the initial -- unfinished -- sketch of the dynamism of mind seeking truth as a good. I sketch several parallels and analogies between the doctrine of moral experience set out in Justification and the account of the intellect's dynamism based on immediate certitude set out in (...) Theoretical Philosophy. Solov'ëv can thus be considered as a ‘virtue epistemologist’ in the current meaning given to this description. I conclude by suggesting that Solov'ëv's position on these questions does not easily cohere with the ‘impersonalism’ he appears to defend in Theoretical Philosophy. (shrink)

This article presents Aristotelian scientific demonstration as a method for attaining intuitive theoria of essential natures. Such insight is attained through the discursive demonstrative syllogism. Science is understood as knowledge of causes through their effects, as opposed to an operative knowledge of the consequences of causes. This understanding is thus counter-reductionist.

Two experiments examine the effects of unreportable hints on anagram solving performance and on solvers' subjective experience of insight. In Experiment 1, after seeing a hint presented too briefly to identify, participants solved anagrams preceded by the solution fastest and solved anagrams preceded by unrelated hints slowest. Participants' “warmth” ratings for solution hints were more insight-like than those for unrelated hints. In Experiment 2 a hint, or no hint, was presented at one of three different exposure durations. Participants benefited from (...) solution-relevant hints that were either unreportable or reportable, but showed a cost only for unrelated hints that were reportable. Participants' ratings of their insight experiences showed that unreportable solution and semantically related hints produced more insight-like experiences than did unrelated hints. The results suggest that unreportable processing of solution-related information is important for the insight experience. (shrink)

Many students view archaeological theory as a subject distinct from field research. This division is reinforced by the way theory is taught, often in stand-alone courses that focus more on logic and reasoning than on the application of ideas to fieldwork. Divorcing thought from action does not convey how archaeologists go about understanding the past. This book bridges the gap between theory and practice by looking in detail at how the authors and their colleagues used theory to interpret what they (...) found while conducting research in northwest Honduras. This is not a linear narrative. Rather, the book highlights the open-ended nature of archaeological investigations in which theories guide research whose findings may challenge these initial interpretations and lead in unexpected directions. Pursuing those novel investigations requires new theories that are themselves subject to refutation by newly gathered data. The central case study is the writers' work in Honduras. The interrelations of fieldwork, data, theory, and interpretation are also illustrated with two long-running archaeological debates, the emergence of inequality in southern Mesopotamia and inferring the ancient meanings of Stonehenge. The book is of special interest to undergraduate Anthropology/Archaeology majors and first- and second-year graduate students, along with anyone interested in how archaeologists convert the static materials we find into dynamic histories of long-vanished people. The interrelations of fieldwork, data, theory, and interpretation are also illustrated with two long-running archaeological debates, the emergence of inequality in southern Mesopotamia and inferring the ancient meanings of Stonehenge. The book is of special interest to undergraduate Anthropology/Archaeology majors and first- and second-year graduate students, along with anyone interested in how archaeologists convert the static materials we find into dynamic histories of long-vanished people. (shrink)

Epistemology — the study of knowledge — is a philosophical discipline with close ties to psychiatry. When epistemologists address specific questions about how knowledge is actually realized by human beings, their philosophy must be informed by empirical studies of the sort psychiatrists now take up in a variety of forms. As this paper describes, psychiatrists can likewise improve their understanding of human psychology through a deeper appreciation of philosophical analysis in epistemology.The aim of this article is to introduce a unifying (...) framework within which the experience from different approaches to psychiatry — (1) the conceptual schemas of cognitive psychiatry, (2) the mental structures of psychoanalytic psychiatry, (3) the categorical forms of existential psychiatry, and (4) the neural pathways of biological psychiatry — can all be applied productively to the central question of epistemology. By establishing a broad understanding of the problem of knowledge, this new view of epistemology is developed within the idiom of each psychiatric approach. In addressing themselves to a unitary problem, these diverse psychiatric approaches are themselves revealed, not as competing points of view, but as complementary views of a single subject. The result is a new epistemology that can not only bring the insights of psychiatry to philosophy, but can also contribute to the care of patients when psychiatrists bring this broader view to their clinical work. (shrink)

This article supplements our earlier paper on synaesthesia published in JCS (Ramachandran & Hubbard, 2001a). We discuss the phenomenology of synaesthesia in greater detail, raise several new questions that have emerged from recent studies, and suggest some tentative answers to these questions.

The traditional separation of philosophy, psychiatry, and neuroscience into distinct academic disciplines has led to several discrete approaches to the mind. In an in-depth discussion of major theories from all of these, and related, disciplines, the author progressively reveals fundamental links between these previously unconnected approaches to human thought and experience. The result is a single, unified theory, perhaps the first to integrate all these fields of thought.

Synesthesia is a fascinating phenomenon which has captured the imagination of scientists and artists alike. This inherited condition gives rise to a kind of 'merging of the senses. The Oxford Handbook of Synesthesia brings together a broad body of knowledge about this conditions into one definitive state-of-the-art handbook.

As Edward Hundert--a philosopher, psychiatrist, and award-winning educator--makes clear in this eloquent interdisciplinary work, the newly emerging model for ...

This study explores the nature of parental attitudinal beliefs towards educational inclusion and the factors that determine these beliefs. Participants were drawn from the Growing Up in Scotland Survey. Results indicate that majority of parents held positive generalised belief towards including children with additional support needs in mainstream classrooms, compared with belief about the benefits of inclusion for children with ASN, or benefits for typically developing children. Lower parental income and higher levels of satisfaction with child’s current school were associated (...) with positive generalised beliefs. Belief about the benefits of inclusion for children with ASN was also positively associated with lower parental income, while belief about benefits for typically developing children was determined by higher parental education and age. Our findings suggest that efforts to increase parental attitudes should target salient beliefs and take into account the determinants of each of these beliefs. (shrink)

In a comment to Richard Rorty, Andrzej Walicki underscored the contextual difference between philosophy in a society like the USA and in post-communist countries. Citizens of democratic societies live best with a sense of contingency, situational embeddedness, plural rationalities, and relative truth. In East/Central Europe (ECE), the demand is for epistemological and moral certainty. Walicki did not say how philosophers in ECE are meeting this demand. How do philosophers in post-communist societies respond to the demand for ‘objective and universal standards’ (...) when the prevailing sense is that they have as great a need for clear horizons as the cultures to which they are called on to contribute foundations? In this setting, many philosophers seek to go beyond reflection to ‘reflexivity’—to ascertain the socio-cultural and moral prerequisites of “philosophizing.”. (shrink)

Scholia from the Byzantine era on Lucian of Samosata era are unusually abundant and unusually prodigal in invective. Hostility was inspired not only by the Peregrinus, in which Lucian ridicules the Church and its martyrs, but by dialogues which were read as oblique assaults on Christianity because they slighted all belief in providence and regard for things divine. Most assaults are bombastic rather than eloquent, and deaf to Lucian's humour; Arethas, a younger contemporary of Photius, attempts without success to outdo (...) the satirist in wit and in philosophy. Photius himself, however, hints that his lampoons on pagan credulity might supply a Christian arsenal, and the author of the spurious Philopseudes comes closer to Lucian's manner than any of the scholiasts, initially in defence of monotheism, and then for some partisan object which continues to afford matter for debate. (shrink)

Clarke and Beck suggest that the ratio processing system may be a component of the approximate number system, which they suggest represents rational numbers. We argue that available evidence is inconsistent with their account and advocate for a two-systems view. This implies that there may be many access points for numerical cognition – and that privileging the ANS may be a mistake.

We studied two otherwise normal, synaesthetic subjects who `saw' a speci¢c colour every time they saw a speci¢c number or letter. We conducted four experiments in order to show that this was a genuine perceptual experience rather than merely a memory association. (i)The synaesthetically induced colours could lead to perceptual grouping, even though the inducing numerals or letters did not. (ii)Synaesthetically induced colours were not experienced if the graphemes were presented peripherally. (iii)Roman numerals were ine¡ective: the actual number grapheme was (...) required. (iv)If two graphemes were alternated the induced colours were also seen in alternation. However, colours were no longer experienced if the graphemes were alternated at more than 4 Hz. We propose that grapheme colour synaesthesia arises from `cross-wiring' between the `colour centre' (area V4 or V8)and the `number area', both of which lie in the fusiform gyrus. We also suggest a similar explanation for the representation of metaphors in the brain: hence, the higher incidence of synaesthesia among artists and poets. (shrink)