This collection uses economic analysis to study some of the most pressing issues in corporate law. The last decade has brought certain corporate transactions and arrangements to the forefront of public attention and public debate. At the same time, a new mode of corporate law analysis has been developed - one that uses the tools of economics to identify the consequences and desirable features of corporate law rules. By bringing together work at the frontier of this method of analysis, the (...) volume provides a good picture of the power, current state, and future direction of the economic analysis of corporate law. Written by some of the most prominent contributors to the field, many of the chapters focus directly on the corporate control transactions that have recently attracted the most interest and controversy - corporate takeovers, buy-outs, recapitalizations, and reorganizations. (shrink)

All these extracts are linked by his general epistemology, especially his distinction between two types of knowledge: ‘paradisiac’ or Type 1, which is that of everyday awareness and the current methods, concepts and presuppositions of the sciences of nature and humanity, plus mathematics and philosophy, and accumulates in ‘plus knowledge’ and resolves problems in standard ways; and ‘Luciferican’ or Type 2, which opens up the ‘mysteries’ of new realms of reality which do not fit the current methods, concepts and presuppositions, (...) and so results in ‘minus’ knowledge, the awareness that there are things which at the moment we cannot understand. For these ‘mysteries’ new methods, concepts and presuppositions are required, which ‘abyssal’ categories can supply, ones below those we normally employ and may be aware of. It is part of man’s role in the cosmos to reveal such mysteries.. (shrink)

In some instances, the criminal justice system is affected by a moral panic; that is, by an exaggerated social reaction to an assumed threat to moral values. When influenced by moral panic, courts...

In Aesthetic Legacies, Lucian Krukowski traces the influence of three nineteenth-century theories of art through twentieth-century modernism and into the postmodernist present. Following the theories of Kant, Schopenhauer, and Hegel, Krukowski first discusses how each philosopher locates the aesthetic within the framework of the philosophical system. He then identifies each theory through a dominant theme and traces the transformations of these themes into later thought and practice. The Kantian legacy originates in the theme of beauty and continues through an (...) examination of aesthetic taste into the modernist concern with artistic form. Schopenhauer's legacy moves from the dynamics of will into the themes of creative expression and artistic intentionality. Hegel's identification of art as a symbol of spirit's evolution is traced through the themes of artistic progress and cultural criticism. Krukowski interprets late modernism as a period in which the continuing transformation of aesthetic themes is arrested and congeals into dogma. This precipitates the reaction we now call postmodernism. The author first examines postmodernism through its various rejections of modernist dogma and, in the book's concluding section, evokes the alternative ideologies and practices that characterize present-day art. (shrink)

Reid's discernment between a ‘relative’ and a ‘distinct’ conception plays a significant role in his theory of secondary and primary qualities and in his postulations on ‘instinctive’ and ‘rational’ aesthetic perceptions. However, relative conceptions and, hence, the relative/distinct conception discernment, are absent from one model of aesthetic perception which Reid endorses, as well as from his theory of ‘moral approbation’. This paper aims (1) to explore the importance of Reid's relative/distinct discernment for the conception of qualities and aesthetic features and (...) (2) to point out and explain the significance of a different model of conception, which excludes relative conception, embraced by Reid for a certain context of aesthetic perception and for moral approbation. (shrink)

In Emile, Rousseau advances significant ideas about language, language learning and teaching: He posits a universal natural language that develops as the child matures; focuses on ‘private’ words invented by children, on the challenge facing children in their understanding of exceptions to general rules of the mother tongue and on recommended methods of teaching the mother tongue. The paper explores these notions, which feature at the end of Book I of Emile. It seeks to explain and interpret them as postulations (...) regarding language, language learning and teaching and, moreover, to show how they relate to Rousseau's general principles of education. (shrink)

Reid's principle of credulity may be interpreted as equivalent to a principle of charity, due to the nature of three beliefs it implies concerning the interlocutors, which are held by the person who attempts to acquire their language: They are telling truth in the sense that they are saying what they really think, perceive, feel, believe; they are veracious in the sense that what they say is objectively true; they use language consistently. This interpretation relies on Reid's straightforward remarks on (...) his principle of credulity and on his view of two related correspondences: One correspondence is between the principle of credulity and the principle of veracity. The other is between these two principles and the principles that create the ‘language of nature’ and guide us in our efforts to unravel it. (shrink)

The renewal of Jewish sovereignty in 1948 created a grave challenge to Jewish tradition. As a system that was constructed in exile for a non-sovereign society, Jewish law was lacking "laws of state." The legitimacy of military action and the distinction between just and unjust wars are prime examples of fundamental issues that Jews did not have to confront for a very long period of time. This article examines contemporary Jewish legal responses to the challenges posed by the creation of (...) the Israeli military. It focuses on the efforts of Rabbi Shlomo Goren, the first Chief Rabbi of the Israel Defense Forces, to create a modern corpus of Jewish law and ethics relating to war and the military. The Diaspora-based rabbinic literature seemed to oppose the use of force, reinterpreting Biblical references to military heroism as allegorical expressions of valor in the study of Torah. In an attempt to create an approach that legitimized the use of force while, at the same time, maintaining the rabbinic moral compunction regarding reliance on force, Rabbi Goren’s innovative corpus integrated Biblical and rabbinic sources, as well as pre-rabbinic apocryphal and historical sources. His writings on the subject are studied on a historical level, trying to uncover the various personalities and ideological positions to which he reacted. Rabbi Goren’s approach is examined through an analysis of his views on the proper treatment of the enemy and on the Peace for Galilee War in Lebanon. He advocated a balance between power and spirit, a balance that is also reflected in the personal internal harmony of Rabbi Goren himself: a merger of two worlds — the traditional student of the rabbinic study hall and the modern Jewish military officer — worlds by which he was influenced, between which he was torn, and that he tried to synthesize. (shrink)

. The nature of crime: A synthesis, following the three perspectives offered in the grammar of criminal law. Criminal Justice Ethics: Vol. 27, No. 1, pp. 91-98.

I suggest two main ways of interpreting Reid's analysis of the perception of the quality of hardness: Reid endorses two distinct concepts of hardness. The distinction between the two lies in a profoundly different relation between the sensation of hardness and the concept of hardness in each of them. The first concept, which I term as a “sensation-laden concept”, is “the quality that arises in us the sensation of hardness.” The second concept, which I call a “non-sensational concept”, is “the (...) cohesion of the parts of the body with more or less force.” Reid is thinking like a developmental psychologist and postulates what I consider as a gradual development from one concept to the other according to which the initial sensation-laden concept of hardness, which we form during our early childhood, gradually develops into a mature non-sensational concept of hardness. (shrink)

Anliegen dieser Arbeit ist die Erhellung des Kunstbegriffs und des Sinns der ästhetischen Urteile unter Berücksichtigung der Problematik moderner Kunstströmungen. Die Antworten ergeben sich aus einer Auseinandersetzung mit verschiedenen zeitgenössischen Auffassungen. Insbesondere werden ästhetische Theorien analysiert, die auf folgende Denksysteme zurückgehen: Phänomenologie, Marxismus, analytische Philosophie, die Philosophie Wittgensteins - und ferner Semiotik und Informationstheorie.

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...) liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”. (shrink)

Reflections on the various articles which will be published in the criminal law and philosophy dedicated to my retirement.

The paper suggests that there are two different ways in which a legal system restricts an individual’s rights. It can either grant a power that revokes the legal protection of the right or it can acknowledge the infringement of a legal right and yet justify such an infringement by means of a criminal law justification. The distinction proposed by the paper has both expressive and practical implications and is useful in solving dilemmas arising in emergencies when constitutional constraints make it (...) impossible to grant the power to revoke legal protection of a basic right. In some of these situations a criminal law justification might support infringement of such a right. This claim is demonstrated by analyzing the ruling of the German Constitutional Court concerning the shooting down of a hijacked airplane in circumstances similar to those of September 11. (shrink)

Although David Mitrany’s international thought is not usually associated with the concept of the international anarchy, I argue that his analysis actually compares two forms of anarchical order. The first form is the order associated with the relations between states, while the second is his functional alternative to this order. The functional approach is anarchical in the sense that it remains an order without an orderer. In first analysing the dynamics and failings of the inter-state order, and then suggesting pragmatic (...) process-orientated solutions to those failings, I argue that Mitrany follows a similar approach to his classical realist contemporaries. (shrink)

'you'll find another man to harvest, Glycerion: let this one go' The Greek satirist Lucian was a brilliantly entertaining writer who invented the comic dialogue as a vehicle for satiric comment. His influence was immense, not only in the Greek world, but on later European writers such as Rabelais and Swift. His dialogues puncture the pretensions of pompous philosophers and describe the daily lives of Greek courtesans; they are peopled by politicians, historians and ordinary citizens, as well as by (...) gods and mythic figures. This selection provides a cross-section of Lucian's styles and satirical targets, from serious polemic to lighter squibs and character portrayals. It includes How to Write History and his most famous piece, A True History, a fabulous tale of space travel and a monstrous whale which prefigures the fantasies of Jules Verne. This lively new translation is both accurate and idiomatic, and the introduction highlights Lucian's importance in his own and later times. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)

The paper focuses on Reid's unique epistemological distinction between the primary and the secondary qualities and examines it in relation to other facets of his philosophy: his stance vis-à-vis the scientific inquiries of secondary qualities; his aesthetics; his analysis of the perception of the primary quality of hardness; his theory of learning. An inquiry into the primary/secondary distinction which takes into account such a broad context will reveal it to be far more sophisticated, dynamic and flexible than an analysis of (...) the distinction which solely takes into consideration the passages in which the Scottish philosopher directly and straightforwardly introduces it. (shrink)

The Hermotimus is Lucian’s longest piece of writing, surpassing even the two books of the True Tales, and at the same time his most successful effort to recreate the style and atmosphere of a Platonic dialogue, filled with a new—and for Lucian uncharacteristically serious—content, namely a sustained attack on “dogmatic” philosophical schools (the “haireseis” of its subtitle) and, inversely, a ringing endorsement of the tenets of Pyrrhonian Scepticism.... (review at BMCR).

Responding to the co-production of screen seriality and human subjectivity within contemporary machine cultures and economies of excess, this article examines televisual affect and proposes concepts that address the languages, components and processes of particular televisual subjectivities. Discussions focus on science fiction fantasy series Farscape – a space odyssey fascinated with biotechnological evolution and mutative consciousness. This article aims to invigorate and extend the critical analysis of contemporary televisual affect, taking up questions and methodologies from Félix Guattari’s machinic ontology and (...) Georges Bataille’s formulation of a sacrificial economy to address the conditions of consumption–production relevant to television today. (shrink)

In “On the Abolition of All Political Parties,” Simone Weil poses the hypothetical predicament of a person who is intent on solving highly complex mathematical problems but is flogged every time the answer he arrives at is an even number. The person will oscillate between his genuine desire for the truth and the painful cries of his body. “[I]nevitably,” Weil writes, “he will make many mistakes—even if he happens to be very intelligent, very brave and deeply attached to the truth.” (...) She then asks: “What should he do?” Weil’s answer may surprise many readers, even though she claims it is “simple.” If possible, “he must run away” from those who wield the whip. It would have been best, she avers, had he avoided these associations in the first place. Elsewhere in her writings, Weil openly endorses the argument for the lesser evil, justifying active, potentially violent, resistance instead of a pacifist ethic of refusal. This essay analyses the tension between Weil’s ethic of “running away” and her acceptance of the lesser evil. (shrink)

Special issue of the Journal for Early Modern Studies (4.1., Spring 2005) Guest Editor: Lucian Petrescu. -/- .

As Roger Ariew shows, one of the most fascinating challenges for the authors trying to create a Cartesian complete course on philosophy was coming up with a Cartesian Logic based on the existing texts of the master. Were the few simple rules from the Discourse on Method the "logic" of Descartes? Were the Rules for the Direction of the Mind "logic"? How can we even have a logic without syllogism? When looking at the authors studied by Ariew one finds that (...) the best that they could come up was adding some Cartesian elements on what remains basically a traditional Aristotelian Logic. It seems that there was no Cartesian Logic after all.I want to show here that Cartesian Logic is something else, not exactly... (shrink)

La phénoménologie se trouve dans une impasse et cela est la conséquence du refus de dialoguer avec les sciences empiriques. On s'interroge ici sur la possibilité de dépasser l'intreprétation transcendantale du sujet pour l'inscrire définitivement dans la réalité naturelle. En prenant l'idée de la reconstruction cognitive-intentionnelle comme hypothèse de travail, on élabore un concept du sujet naturel. Ainsi, l'analyse des expressions phénoménologiques montre que la structuration ontologique du sujet se réalise dans et à travers la réalité.

"Previously unpublished images from glass-plate negatives taken by Walter Schneider capture the years of transition from agrarian to industrial society in America and beyond.

Due to some unknown informants who offered illegally attained bank data on tax evaders to the German authorities, a fierce dispute has arisen as to whether or not the authorities are entitled to purchase these data. Now, the set of arguments in the dispute can be neatly subdivided into the two groups pro and contra, the former being consequentialist and the latter deontic. Hence, to solve the problem, one has to take a look at the conflict between consequentialist and deontic (...) systems. Here, the conflict will be cast into a social choice paradox showing the impossibility of Paretian ethical decisions which is akin to Sen’s Liberal Paradox and which can be generalized to a paradox asserting the impossibility of Neutral ethical decisions. Because of the fundamental character of the conflict, all solutions will be in some way defective. But, as is argued in the last section, for instance the idea of voluntary declaration provides a strategically convincing solution, if it is combined with the threat of disclosing relevant information. Hence, an ethically insoluble problem may well have a strategic solution. (shrink)

The present ecumenical inter-religious dia- logue is more centered on the relationship between politics and traditional forms of reli- giosity expressed at societal level. It is obvi- ous that after the events of 11th September 2001 the next century will be more focused on cultural and religious dimensions than the last one. From this perspective I present in this paper the stage of inter-religious dia- logue from major Christian churches’ point of view and how churches understand their role within the (...) broader European context and world affairs’ challenges. (shrink)

The end of the East-West confrontation has by no means put an end to the possibility of war in Central Europe. The outbreak of ethno-religious hostilities in former Yugoslavia made it clear that the previous formation of the Eastern and Western blocks contained a Pandora’s box of ethno-religious conflicts which opened up after the end of the Cold War.