Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles (...) 81 and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

The law of patents has long struggled with the status of intent in determining liability for infringement. This struggle has recently been given a sharper edge by the emergence of biotechnological products with the inherent ability of auto-dispersal and regeneration. The question thus is whether a person on whose backyard a patented genetic organism has grown without the active intervention of that person is liable in infringement to the patentee of that organism. This article examines the ramifications of the legal (...) conundrum and argues that on a proper construction of the theories of liability in patent law intent to infringe is necessarily crucial if the nature of the subject matter of the patent makes it unjust and absurd to argue otherwise. (shrink)

The spinal cord provides an alternative model for nerve tissue grafting experiments. Anatomo-functional correlations are easier to make here than in any other region of the CNS because of a direct implication of spinal cord neurons in sensorimotor activities. Lesions can be easily performed to isolate spinal cord neurons from descending inputs. The anatomy of descending monoaminergic systems is well defined and these systems offer a favourable paradigm for lesion-graft experiments.

In the present study, we explore how reading habits influence the scanning and the construction of mental models in spatial reasoning. For instance, when participants are given a problem like A is to the left of B; B is to the left of C, what is the relation between A and C? They are assumed to construct the model: A B C. If reading habits influence the scanning process, then readers of French should inspect models from left to right, whereas (...) readers of Arabic should inspect them from right to left. The prediction following this analysis is that readers of French should be more inclined to produce “left” conclusions, whereas readers of Arabic should be more inclined to produce “right” conclusions. Furthermore, one may expect that readers of French show a greater ease in constructing models following a left-to-right direction than models following a right-to-left direction, whereas an opposite pattern might be expected for readers of Arabic. We tested these predictions in two experiments involving French and Yemeni participants. Experiment 1 investigated the formulation of conclusions from spatial premises, and Experiment 2, which was based on non-linguistic stimuli, examined the time required to construct mental models from left to right and from right to left. Our results show clear differences between the two groups. As expected, the French sample showed a strong left-to-right bias, but the Yemeni sample did not show the reverse bias. Results are discussed in terms of cultural influences and universal mechanisms. (shrink)

According to Joseph Heath, privatizations should be judged on a case-by-case basis with appeal to the Pareto criterion. This approach, or so I argue, amounts to a depoliticization of privatization. While Heath’s approach is effective and at times illuminating, I show that a consistent application of his methodology is self-defeating in that it eventually requires a politicization of privatization. With appeal to transaction cost theory, I show there are social costs associated with affirming the competitive pressures of the market. Subsequently, (...) I argue that while private actors may, according to Heath, pursue efficiency with appeal to an adversarial morality, state-owned enterprises (SOEs) are much more constrained in how they may achieve such gains. Due to the pressures of liberal neutrality, SOEs may chase efficiency only without setting actors back. Conversely, the private sector’s potential for success is predicated on its ability to compete for Kaldor-Hicks efficiency, which specifically allows for win-lose interactions. While SOEs are often no more able than the private sector to achieve Pareto optima, this discrepancy makes it so that SOEs produce gains that are ex-ante lower but more equal, whereas the private sector produces gains that are ex-ante higher but more unequal. Thus, the social cost of affirming the competitive pressures of the market is ex-ante inequality. If this premise is accepted, there is no way to avoid the conclusion that a consistent case-by-case approach requires a structural, political view on how privatizations affect the state’s ex-post Pareto-enhancing abilities. (shrink)

Imprisonment calls into question the institutionalized violence of the state and its organs. It touches on the very core of the meaning of state sovereignty and concerns one of the most disempowered groups of society: indicted criminals. Therefore, privatization of prisons signals the willingness to apply privatization policies almost with no limitations. Private prisons have become a known phenomenon in many countries. After the debate on this issue seemed to lose its pragmatic value—in contrast to its importance on the (...) theoretical level—privatization of prisons reemerged as an issue of legal debate due to the Israeli Supreme Court decision that declared a law authorizing the establishment of a private prison unconstitutional. The following analysis evaluates this decision using it as a microcosm for studying the role of law in regulating privatization policies. The Article starts by studying the full range of privatization policies, in order to offer an analysis that would be relevant also to other cases along the privatization spectrum. It then challenges the traditional premise of public law that the move to privatization is merely a matter of policy and not of law. More concretely, the Article offers an analysis based upon distinguishing among three distinct spheres of discussion: the boundaries of privatization, the privatization process, and the regulation of privatized actions. This model of analysis is then applied to the case-study of prison privatization as decided by the Israeli Supreme Court. (shrink)

Extant studies on private regulation have not reached a sufficient understanding about the interplay between private and public regulations, due to underdeveloped theoretical framework and the lack of large-sample empirical investigations. Leveraging ISO 14001 adoption among Chinese firms as the research context, the current research draws on the institutional theory to examine how firm’s adoption of ISO 14001 standard, as a specific form of private regulation, affects the incidence of public environmental inspections. To test our arguments, we (...) conduct two empirical studies. Study 1 uses the first-hand data of a corporate social responsibility survey on Chinese manufacturing firms, whereas Study 2 deploys the second-hand longitudinal archival data of the government environmental inspections on Chinese listed firms. Both of the two studies reveal consistent findings that ISO 14001 adoption decreases the incidence of government environmental inspections, and that the effect of ISO 14001 adoption becomes stronger in state-owned enterprises and firms with top management team’s political ties. Our findings are suggestive of a complementary relationship between private and public regulations, in a sense that private regulations can compensate for the weaknesses of public regulations by offering faster, more flexible and cost-efficient means of enforcement, which allows the public authorities to economize on the deployment of public resources to monitor the rest non-compliant firms. (shrink)

Large, black, flightless birds with unpredictable tempers and colourful heads and necks, cassowaries have enthralled European audiences for centuries, but perhaps no one more so than private collector and zoologist Lionel Walter Rothschild (1868-1937). Throughout the late 19th and early 20th centuries, Rothschild acquired hundreds of living cassowaries which were kept in his private zoological collection. This paper explores the nature of Rothschild's private zoo and how the collection of living cassowaries was used to support his zoological (...) activities. Spread across three sites-the family estate at Tring Park, the zoological gardens in Regent's Park, and the business premises of Cambridge-based taxidermist Frederick Doggett-it will examine how Rothschild used the living birds kept in his private zoo to devise and inform a process for the preparation and display of cassowary specimens in museum galleries. It will show how he recruited specialist artists and taxidermists to perfect the art, and the significant financial investment this entailed. This is followed by exploration of how Rothschild's access to and observations of living birds informed his taxonomic work and, in particular, the identification of species and subspecies. The argument is made that Rothschild's private zoo and access to living cassowaries enabled his dedication to the study of the genus and ultimately underpinned his reputation as a world authority on cassowaries in the early 20th century. (shrink)

Within democratic societies, a deep division exists over the nature of community and the grounds for political life. Should the political order be neutral between competing conceptions of the good life or should it be based on some such conception? This book addresses one crucial set of problems raised by this division: What bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to them, (...) like religious convictions, or should they restrict themselves to "public reasons," reasons that are shared within the society or arise from the premises of liberal democracy? Kent Greenawalt argues that fundamental premises of liberal democracy alone do not provides answers to these questions, that much depends on historical and cultural contexts. After examining past and current practices and attitudes in the United States, he offers concrete suggestions for appropriate principles relevant to American society today. This incisive and timely analysis by one of our leading legal philosophers should attract a wide and diverse readership of scholars, practitioners, and concerned citizens. (shrink)

In traditional sectors, the intervention of private parties in the regulatory system tends to be justified by their enhanced expertise, government cuts or efficiency gains. In the sharing economy (e.g., home-sharing services offered by Airbnb), quality control and regulatory tasks (e.g., inspections) are to, a great extent, informally delegated to online platforms and peer-to-peer communities that rate and review performance. These communities consist of users that do not have more than their personal experience and the guidance of online platforms (...) to underpin their assessments. Existing literature has extensively criticized the reliability of these online reputational mechanisms, but it has overlooked other far-reaching effects of outsourcing regulatory tasks to private parties. This Article offers a more complete analysis of the regulatory value of online reputation. I argue that reputational mechanisms have the potential of creating democratic spaces where users can provide unique, regular, and first-hand insights that would otherwise be disregarded in a traditional regulatory system. Nevertheless, in their current form, these mechanisms still offer inadequate protection to the public values that typically underlie the regulation of certain services. This Article explains this problem by comparing the protection of public values in the sharing economy to that of traditional regulated sectors. This Article contributes to the literature by reflecting on whether the sharing economy is inviting us to rethink the broader involvement of citizens in the protection of public values and the challenges thereof. It suggests a framework to improve online reputational mechanisms and a better dialogue between traditional regulation and online reputation. (shrink)

Agnotology is the study of how ignorance arises via circulation of misinformation calculated to mislead. Legates et al. had questioned the applicability of agnotology to politically-charged debates. In their reply, Bedford and Cook, seeking to apply agnotology to climate science, asserted that fossil-fuel interests had promoted doubt about a climate consensus. Their definition of climate ‘misinformation’ was contingent upon the post-modernist assumptions that scientific truth is discernible by measuring a consensus among experts, and that a near unanimous consensus exists. However, (...) inspection of a claim by Cook et al. of 97.1 % consensus, heavily relied upon by Bedford and Cook, shows just 0.3 % endorsement of the standard definition of consensus: that most warming since 1950 is anthropogenic. Agnotology, then, is a two-edged sword since either side in a debate may claim that general ignorance arises from misinformation allegedly circulated by the other. Significant questions about anthropogenic influences on climate remain. Therefore, Legates et al. appropriately asserted that partisan presentations of controversies stifle debate and have no place in education. (shrink)

A valid and arguably sound private language argument is built using premises based on Wittgenstein’s Philosophical Investigations augmented by familiar analytic distinctions and concepts of logic. The private language problem and the solution presented here can be plausibly traced to Plato’s Allegory of the Cave. Both literatures missed the connection.

An experiment is reported examining dual-process models of belief bias in syllogistic reasoning using a problem complexity manipulation and an inspection-time method to monitor processing latencies for premises and conclusions. Endorsement rates indicated increased belief bias on complex problems, a finding that runs counter to the “belief-first” selective scrutiny model, but which is consistent with other theories, including “reasoning-first” and “parallel-process” models. Inspection-time data revealed a number of effects that, again, arbitrated against the selective scrutiny model. The (...) most striking inspection-time result was an interaction between logic and belief on premise-processing times, whereby belief - logic conflict problems promoted increased latencies relative to non-conflict problems. This finding challenges belief-first and reasoning-first models, but is directly predicted by parallel-process models, which assume that the outputs of simultaneous heuristic and analytic processing streams lead to an awareness of belief - logic conflicts than then require time-consuming resolution. (shrink)

Originally published in 1972, this book is concerned with education as part of a larger social history. Chapters include: The roots of Anglican supremacy in English education The Board schools of London The use of ecclesiastical records for the history of education Topographical resources: private and secondary education from the sixteenth to the twentieth century.

Some of the methods for data collection in experimental psychology, as well as many of the inferences from observed behavior or image scanning, are based on the implicit premise that language use can be linked, via the meaning of words, to specific subjective states. Wittgenstein’s well known private language argument (PLA), however, calls into question the legitimacy of such inferences. According to a strong interpretation of PLA, all of the elements of a language must be publicly available. Thus the (...) meaning of words is not fixed by reference to our private experiences, and so data from subjective state claims indicates nothing about our subjective experiences. Application of PLA to psychological studies based on descriptions of the experience of orgasm offers support for the strong version of the conclusion of PLA. We show that PLA has deep implications for data collection methods and inferences in experimental psychology. In particular we critique two contemporary research projects in neuroscience: one studying the ability to remember emotionally loaded words and the other studying experience of attraction. Both of these projects attempt to link subjective experiences and thought processes to particular observable brain states. The research methods appeal to (implicit) inferences from linguistic usage to subjective states. Application of PLA will show that such inferences cannot be made because the meaning of a word is not determined by any subjective state of the speaker. (shrink)

Many scholars have argued that neoliberal economic theory articulates the justifying ideology for contemporary globalization. This ideology claims that “free market” solutions are always the best mechanisms for not only promoting economic growth but for all human problems. This first part of this paper provides a conceptual and historical overview of neoliberal economic theory with critical commentary on two key neoliberal dogma, viz., the idea that markets know best and that privatization and deregulation are inevitable. The second part of the (...) paper discusses the impact of neoliberal policies on the environment and on indigenous peoples around the world. The paper concludes by arguing that neoliberal ideology differs from classical liberalism by privileging the Hobbesian theory of human nature and human rationality over the Kantian understanding of human nature and human rationality. The result is the ascendancy of economic liberty over political liberty. (shrink)

In the face of ubiquitous information communication technology, the presence of blogs, personal websites, and public message boards give the illusion of uncensored criticism and discussion of the ethical implications of business activities. However, little attention has been paid to the limitations on free speech posed by the control of access to the Internet by private entities, enabling them to censor content that is deemed critical of corporate or public policy. The premise of this research is that transparency alone (...) will not achieve the desired results if ICT is used in a one way system, controlled by the provider of information. Stakeholders must have an avenue using the same technology to respond to and interact with the information. We propose a model that imposes on corporations a public trust, requiring these gatekeepers of communication technology to preserve individual rights to criticism and review. (shrink)

This essay aims to demonstrate how attention to black political thought might expand and complicate our understanding of modern politics and the conceptualization of the political in contemporary political theory, and in modern politics more generally. Black political thought can be viewed as the attempt to develop a set of critical tools to help explain the political distinctiveness of black life-worlds and how this distinctiveness is structured by a series of relations between individual and community, self and other, state and (...) society, citizen and non-citizen, and national and multinational (or global) circumstances. Too often, black politics is exclusively considered as a form of minority group politics and phenomena reducible to empirical investigation and observation, rather than a set of practices with underlying conceptual, theoretical, and epistemological premises. If we understand race as a fundamentally relational concept, namely, an assumption of dynamic interaction between two or more putatively distinct groups, and racism as a political phenomena that is conditioned and articulated through politics, then taken together they provide the opportunity for reflection and consideration of how black peoples and subjects have conceptualized, created and engaged in politics, political communities, and their articulation. Race and racism, the modalities of political participation and, conversely, the modalities of political exclusion have been recurrent themes in black political thought. The distinctiveness of black political thought is symptomatic of the distinctive trajectories of black politics, which first emerged from spaces of exclusion in Western polities and colonies. The histories of black political and social movements provide evidence of the ways in which black subordination in Western societies and polities required the reconfiguration of the actual boundaries between the public and private, the political and the social. Race and racism, the distinction between identity and identification, black solidarities, and the relationship between history, context, and politics and the political are themes central to black political thought. (shrink)

What I suggest we can see in this brief overview of the literature is an extensive interpenetration on both sides of these debates between scientific, political, and social values. Important shifts in political and social values were of course occurring over the same period, some of them in parallel with, and perhaps even contributing to, these transitions I have been speaking of in evolutionary discourse. The developments that I think of as at least suggestive of possible parallels include the progressive (...) encroachment of public values into the private domain of post-World War II American life, the cold war, the rise of consumerism, and the flowering of what Christopher Lasch calls a “narcissistic individualism.”35 In popular language, the 1960s gave birth to the “me” generation. Perhaps the most tantalizing analogue is suggested by Barbara Ehrenreich's argument for the emergence of a new meaning of masculinity — an ideal of masculinity measured not by commitment, responsibility, or success as family provider, but precisely by the strength of a man's autonomy in the private sphere, his resistance to the demands of a hampering female.36 It is tempting to speculate about possible connections between changes in scientific discourse and developments in the social and political spheres, but such connections, however suggestive, would clearly have to be demonstrated.For now, however, I want to focus on another kind of change —a transformation not so much in the social or political sphere as in the scientific sphere. I make this turn, or return, in support of a more complex account of scientific change that incorporates reverberations within the scientific communty along with social and political changes.In the 1960s, all of biology was undergoing a major transformation in direct response to the dramatic successes of molecular biology. These successes seemed to completely vindicate the values on which the molecular revolution was premised — namely, simplicity and mechanism. Following the victory of Watson and Crick, and of others after them, the fever of that endeavor swept through biology leaving in its wake a new standard of science, and of scientific discourse — one predicated on clarity, simplicity, and analyzability; on the definition of legitimate questions as those capable of clear and unambiguous answers. Every biological discipline felt it — even evolutionary biology, which in some respects was at the furthest pole. Perhaps precisely because it seemed conceptually so remote, evolutionary biology may have felt it most of all. Lewontin inadvertently provides us with some direct support for this view. Indeed, he begins his introduction to Population Biology and Evolution with the following remarks: The twenty years since World War II have seen a vindication in biology of our faith in the Cartesian method as a way of doing science. Some of the most fundamental and interesting problems of biology have been solved or are very nearly solved by an analytic technique that is now loosely called “molecular biology.” But it is not specifically the “molecular” aspect of biology of the last twenty years that has led to its success. It is, rather, the analytic aspect, the belief that by breaking systems down into their component parts, by simplifying them or using simpler organisms, one can learn about more complex systems. As it happens, the problems that were attacked and are being attacked by this method lead to answers in terms of molecules and cell organelles.... There is a host of problems in biology, however, that has been much neglected in these twenty exciting years, because the answers to them cannot be meaningfully framed in molecular and cellular terms.37Lewontin is referring, of course, to problems in evolution. The remainder of his remarks is devoted to an argument for the applicability of the method, if not the content, of molecular biology to these problems. He writes, “It is not the case that molecular biology is Cartesian and analytic while population biology is holistic. Population biology is properly analytic and operates, within the framework of its own problems, by the process of simplification, analysis, and resynthesis.”38 With these remarks, he leads into the criticism of the “holists” who have “held up progress.”This new ethic of simplicity, clarity, and mechanism — embodying the very virtues lauded by Williams — was explicitly carried into evolutionary biology in the name of scientific progress. As it happened, the values implied also fit conveniently well with other values — each set of values providing crucial support for the other.However substantive the scientific gains may have been in some respects, the net effect of this ethic has also been a systematic “perceptual bias” — a bias with profound practical consequences for the entire program of methodological individualism in evolutionary biology, if not elsewhere as well. It may well be that the whole is equivalent to the reconstituted aggregate of its parts, if, in the process of aggregation or summation, all possible interactions among the parts are included. But if certain kinds of interactions are systematically excluded, our confidence in that program necessarily founders. My claim here is that such systematic exclusion does occur, and that it occurs on a number of different levels. To briefly review the interlocking kinds of “bias” that I see occurring in practice, I suggest the following schematic listing:On the most general level: The ethic of simplicity — the privileging of certain values, even certain methodologies, as having an a priori superior claim to scientific credibility.Only slightly less general, and crucially related, is the equation of “scientific” with “tractible”: Given the techniques of analysis available, the equation of science with what we can do inevitably leads to a systematic technical bias favoring simplicity. That is, because we don't know how to model complex dynamics, nonlinear interactions are systematically biased against because of the limitations of our technical know-how. The consequences of this equation of the scientific with the tractible are greatly compounded by the additional equation between what we can do and what is — that is, by our temptation to confuse tractibility with reality.Finally, and also closely related, a further kind of elision occurs even within the confines of tractibility. This kind of elision — taking the form almost of inferring tractibility from one's prior assumptions of what is real — is exemplified by the history of a mathematical ecology of mutualism. Even when mutualism can be introduced into the same technical machinery, it is still not pursued. The basic assumption is that competition is what is real, not because it is easier to model, but because it is what we expect. When the actual difficulties of modeling competition are then in turn suppressed, as in the Robert May story, what we have, given the temptation to equate the tractible with the real, is the possibility of a truly self-fulfilling prophecy. (shrink)

Private certification as a means of risk regulation and quality assurance can offer advantages over government regulation, including superior technical expertise, better inspection and monitoring of regulated entities, increased responsiveness to consumers, and greater efficiency. This Article examines two examples of reliable private certification in regulatory arenas - fire safety and kosher food - where political opposition and resource constraints have frustrated government regulatory efforts. The Article identifies key features of reliable private certification and analyzes its (...) comparative institutional advantages over government regulation. Critics of private certification question its legitimacy, asserting that private regulation is less participatory, transparent, and accountable than government regulation. The Article responds to these claims, arguing that the two examples of private certification presented here compare favorably with government regulation based on these criteria of legitimacy. (shrink)

Greenblum and Hubbard argue that physicians are duty-bound by the constraints of Rawlsian ‘public reason’ to avoid engaging their patients’ religious considerations in medical decision-making.1 This position offers a number of appealing benefits to physicians. It will appear plausible because Rawls’s philosophical tradition of Political Liberalism enjoys the status of ideological orthodoxy in institutions tasked with forming the moral imaginations of physicians and other elites.2 3 It casts the physician in the role of a ‘reasonable person’ occupying the space of (...) public reason whose medical and ethical judgments are opposed by ‘sectarian’ religious patients who refuse to be reasonable. This narrative authorises the exclusion of patient religious considerations from medical decision making when they do not ‘translate’ into reasons recognised by ‘reasonable’ medical professionals and manages the trauma of overwhelmed physicians by legitimising disengagement from difficult interactions with religious patients. The authors’ arguments depend on concepts from Rawls’s Political Liberalism 4 and are presented as if the premises of Liberal theory are incontestable—despite the fact that a large body of philosophical literature challenging its premises and core concepts has existed for decades.3 5–7 This ‘nothing to see here, move along’ approach saves more space for anecdotes about religious people, at which …. (shrink)

Current framing of the debate over the privatization of the State’s legislative and adjudicative functions masks the fact that there are distinct and conflicting versions of privatization of law. The different privatization models diverge on fundamental questions relating to the ontology of law, the role of social cooperation mechanisms in the lives of people, as well as the types of private legislative and adjudicative institutions that ought to replace the State’s legal system. In light of such conflicting normative (...) class='Hi'>premises, the distinct models of the privatization of law pose different kinds of challenges to both proponents and opponents of the privatization of law. At the outset, the Article juxtaposes two distinct visions regarding the privatization of law and adjudication—the market-based privatization model versus the community-based model. This analytical framework is then used to offer a fresh look at the privatization of law debate. The Article shows that the distinctions between the privatization models, especially with respect to the depiction of the social agents that are to replace the state’s lawmaking capacity, have great bearing on the advantages and disadvantages associated with privatization of law, and generate different types of costs and benefits. More specifically, the Article shows that the market-based model has greater susceptibility to market failures and to the under-provision of the public goods associated with the enterprise of law than the community-based paradigm. In addition, the market-based model runs a higher risk of corrupting the prevailing understanding of law as a collective, meaning-creating enterprise. The community-based model, on the other hand, has a greater vulnerability for coercion and is also more prone to political failures and public choice problems. (shrink)

This paper examines and rejects two normative justifications for low-fee private schools, whose expansion throughout the Global South in recent years has been significant. The first justification – what I shall call the ideal thesis – contends that LFPS are the best mechanism to expand access to quality education, particularly at the primary level, and that the premise of their success is that they reject educational equality and state intervention in educational affairs, traditionally associated with public schools, embracing instead (...) educational adequacy and unregulated markets for education. Against this thesis, the paper argues that an ideal educational arrangement must not do away with educational equality and some degree of state interference. The other justification for LFPS – the secondbest thesis – contends that although LFPS do not represent the ideal state of affairs, they nonetheless bring us a step closer to the ideal of universal primary education; they are a ‘realistic’ approximation to that goal. Against the second-best thesis, the paper argues that this justification commits the approximation fallacy: by deviating from the ideal educational arrangement LFPS may obstruct rather than facilitate its achievement. (shrink)

Anti-expertise, or self-defeating belief, leads to incoherent personal credences. Some philosophers think that anti-expertise is irrational but avoidable, others think that some cases of anti-expertise are rational, and still others think that anti-expertise is irrational and unavoidable. Taking as premises some standard assumptions about the Sleeping Beauty Problem, I prove that if Beauty maintains public credences then she is prone to anti-expertise unless she embraces optimism, i.e. denies that she will experience multiple awakenings if tails.

This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, (...) and modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)

One of the finest private collections of Indian, Himalayan and Southeast Asian art in America is owned by James and Marilynn Alsdorf. This catalogue provides an opportunity for individuals other than scholars and specialists to view the works of art.

In an effort to reassess the status of Phenomenology of Perception and its relation to The Visible and the Invisible, this essay argues that Merleau-Ponty's engagement with Husserl's text and his discussion of the “field of presence” in La temporalité are intended to think through the field in which time makes its appearance as one of passage. Time does not show itself as presence or in the present but manifests itself as Ablauf, as lapse or flow, an écoulement that is (...) simultaneously an explosion, an éclatement. Merleau-Ponty's account of temporality in these pages is thus legible as recovering the primordial experience of time as a self-differentiating déhiscence in its dual power of articulation and erosion. Time is thus simultaneously the vehicle of the world's appearance and of its “disarticulation”, the passage of a rhythm of affirmation and disintegration. Merleau-Ponty's account of temporality in Phenomenology of Perception is oblique, somewhat fragmentary and circuitous.11 References to Merleau-Ponty's works cite the French followed by the English translation. I will use the abbreviation PhP for Phenomenology of Perception and VI for The Visible and the Invisible. Other texts by Merleau-Ponty will be referenced by the title. References to Husserl and Heidegger use the German followed by the translation. I will use the abbreviations ZB for the Zeitbewußtsein lectures; FT for Formale und transzendentale Logik; EU for Erfahrung und Urteil; and SZ for Sein und Zeit. View all notes While of course this phenomenon comes under close scrutiny in La temporalité, a brief inspection of this text as a whole finds it to be virtually everywhere.22 The theme of temporality is introduced as early as the Preface to Part I, “Experience and Objective Thought” and appears again in almost every subsequent chapter: the first chapter of Part I ; in his discussion on number blindness and Goldstein's patient known as Schneider in La spatialité du corps et la motricité ; in the sexuality chapter ; in the discussion of memory in La corps comme expression et la parole ; in Le sentir ; in the discussion of depth in L'espace ; in La chose et le monde naturel ; in Autrui et le monde humain and in Le cogito. Rather than providing the perhaps much called for synopsis of these scattered accounts of time or trying to locate a unified account in Phenomenology of Perception through such a synopsis, this essay will focus only on La temporalité, particularly the discussion of Husserl's diagram from the Zeitbewußtsein and the “champ de présence”. View all notes It is this apparent ubiquity that will motivate scholars such as Renaud Barbaras to claim that “… the entire structure of Phenomenology of Perception rests on a chapter devoted to temporality”.33 Barbaras The Being of the Phenomenon, 218. View all notes In spite of this ubiquity and apparent centrality, however, the treatment of temporality seems to neglect a systematic and thoroughgoing approach, and whether this work manages to address this theme with a sufficient degree of rigor remains open to debate. Furthermore, beyond the scattered and fragmented appearance of temporality in the text, the chapter devoted to its exploration contains numerous, well-recognized problems.44 Merleau-Ponty's misinterpretation of Bergson in this chapter has received much warranted attention. Alia Al-Saji, for example, has criticized Merleau-Ponty's account of temporality in this chapter of Phenomenology of Perception for this misreading as well as its perhaps too uncritical infatuation with Husserl and his emphasis on presence. See Lawlor Thinking Through French Philosophy, Al-Saji “The Temporality of Life” and “A Past Which Has Never Been Present” and Barbaras “The Turn of Experience”. View all notes Among these difficulties, Merleau-Ponty's engagement with Husserl's lectures on time-consciousness, the Vorlesungen zur Phänomenologie des inneren Zeitbewußtseins,55 The 1928 publication of the Zeitbewußtsein, edited by Heidegger, is what appears in the bibliography of Phenomenology of Perception. This version, from the Jahrbuch für Philosophie und phänomenologishe Forschung, as Brough notes, appears as “Part A” of Husserliana X. The notes that constitute this version of the text, furthermore, as Heidegger mentions in his preface to the Jahrbuch version and which Brough repeats were heavily edited by Husserl's assistant at the time, Edith Stein. Merleau-Ponty's references to the Zeitbewußtsein cut across various moments of the text and do not focus on one section in particular, and in fact, he actually references section 11, “Urimpression und retentionale Modifikation”/“Primal impression and retentional modification” in his discussion of the field of presence. As Al-Saji has noted, the extent to which Merleau-Ponty's account of time in La temporalité centres the account of time on “the living present” can be shown to be at play behind the misreading of Bergson. While I do not wish to dispute the specifics of her compelling reading, it is nonetheless worth noting that Al-Saji's reading of the Zeitbewußtsein only focuses on Appendix V, “Gleichzeitigkeit von Wahrnehmung und Wahrgenommenem”/“Simultaneity of Perception and the Perceived”. View all notes looms large, as it seems that his discussion of what he designates as le champ de présence or “field of presence” commits him to the ontological primacy of the present in his account of time. As a result, this earlier work appears to confine itself to a metaphysics organized around the privilege and authority of the present in establishing the structure of time.66 Leonard Lawlor has convincingly argued against this interpretation. Following the famous remark at the end of Le Sentir about “a past which has never been present”, Lawlor argues that precisely because Merleau-Ponty's critique of Bergson is a straw man – that is, because his critique of Bergson is based on a misreading – a closer inspection of Le Sentir and La temporalité shows Merleau-Ponty to be committed to the ontological primacy of an “originary” past. See Lawlor Thinking Through French Philosophy, 89. Marratto, following Lawlor, takes up the charge of a metaphysics of presence in Phenomenology of Perception in dialogue with Derrida. Marratto argues that Derrida's reading selectively overlooks “the very imporant dimensions of difference, discontinuity, and delay and non-self-presence in Merleau-Ponty's descriptions”, located particularly in the latter's theory of subjectivity. I agree with Marratto's assessment, and my aim here is to deepen it by turning in more detail to La temporalité. View all notes This apparent commitment to the ontological primacy of the present, for some readers, has also functioned as an index for tracking the revision of Phenomenology of Perception that is said to figure in The Visible and the Invisible, where a metaphysics of the present is replaced with a commitment to the primacy of an original past, signalling a significant break in the development of Merleau-Ponty's thought.77 This has bearing on the debate mentioned above as the question of temporality and Merleau-Ponty's evolving relationship with Bergson are also cited as part of the index for tracking the differences between Phenomenology of Perception and The Visible and the Invisible. What we see, according to this reading, is Merleau-Ponty move away from a more strictly phenomenological orientation of Phenomenology of Perception, an orientation that is said to adversely mediate his early, critical stance with respect to Bergson, toward a progressively less Husserlian and more Bergsonian stance in The Visible and the Invisible. While he does not specifically address Merleau-Ponty's engagement with Bergson, Marratto's reading also places a special emphasis on the significance of the past, specifically Merleau-Ponty's reference to a “past which has never been present”. It is also not my intention to enter into the question of Merleau-Ponty's relationship with Bergson. Rather, I will restrict my remarks specifically to Merleau-Ponty's engagement with Husserl and the Zeitbewußtsein in La temporalité in order to show that there are grounds for at least questioning one of the premises of the interpretation mentioned above, namely that Phenomenology of Perception is unequivocally legible as committed to the ontological primacy of the present. As will become clear later in the essay, I also dispute interpretations that would place the emphasis on the ontological primacy of an original past. For my own views on the significance of a “past which has never been present”, see Whitmoyer “The Primary Silence of the Past”. View all notes In considering the manner in which the Zeitbewußtsein figures in La temporalité and Merleau-Ponty's discussion of the field of presence, it will do to think about the parameters in which his engagement with Husserl is staged more generally. It seems that Merleau-Ponty never considered his task in terms of the perhaps false alternative of fidelity and heresy, because “any commemoration is also a betrayal”, and because the task of the interpreter is, as he famously notes, thinking through that “unthought-of element … which is wholly his [Husserl's] and yet opens out on something else”.88 Merleau-Ponty, Signes, 203/160. This methodological dictum is developed in more detail in the notes to the course offered on Husserl's Origin of Geometry in 1959–1960. “We are saying not that Husserl was that, but that Husserl was not only what they say, was also another, bearer of an unthought”. View all notes Following Merleau-Ponty's own indications, we could suggest that Husserl's text, rather than a source of orthodoxy, functions as a point of orientation through which Merleau-Ponty marks out his own theory of temporality.99 I will not, therefore, address the question of the “accuracy” of his interpretation of Husserl because, according to Merleau-Ponty himself, this question presupposes that the author, in this case Husserl, has a privileged access to his thought, as if there is some kernel or essence of what a philosopher thought that interpreters can either get right or wrong. As the remarks in “The Philosopher and His Shadow” make clear, interpretation can never really avail itself of this presupposition and in this manner the question of accuracy is precisely the wrong question. View all notes This essay argues that his discussion of the Zeitbewußtsein in Phenomenology of Perception does not offer an account of time that “centers around the living present”, as some have argued,1010 Al-Saji “A Past Which Has Never Been Present”, 42–44. View all notes but that the discussion of the field of presence and what follows are rather intended to account for the field of temporal phenomenalization – not as a presence – but as écoulement, passage and flux. Time, therefore, does not appear in the present or as presence, but manifests itself as a flow and movement that is simultaneously an éclatement, an eruption, and a self-differentiating “dehiscence”.1111 A favorite word of Merleau-Ponty, borrowed from botany, where it designates the splitting open of a seed-pod or flower as well as medicine, where it refers to the splitting open of a healed or partially healed wound. The idea here is that, in its flow and passage, time splits open in a process of differentiation – which is simultaneously a process of degeneration, decay, and what Merleau-Ponty will term in The Visible and the Invisible, “disarticulation”. View all notes Time's passage is not determined, organized and oriented in advance in accordance with a transcendental synthesis that would give it shape and form, privileging one temporal dimension over another, so much as it is understood in terms of a splitting open, or to use another favoured locution of Merleau-Ponty, a “deflagration”.1212 In Eye and Mind, Merleau-Ponty speaks of the “deflagration of being”. Metaphors of explosiveness and dissonance populate his attempt to think being otherwise than as structure, form, and stability. Here I will focus particularly on écoulement, flux and éclatement, eruption, because these are the terms he uses in his discussion of time in La temporalité. See Merleau-Ponty L’Œil et l'esprit, 64/369. View all notes To this extent, Merleau-Ponty's account of temporality in Phenomenology of Perception cannot be said to orient itself in terms of the ontological primacy of any one temporal dimension – past, present, or future – but is more accurately understood as an attempt to recover the primordial experience of time as the simultaneity of écoulement and éclatement – an account that thinks time in its dual power of phenomenalization and erosion, the “pulse [pulsation] of my existence, its systole and diastole”.1313 Merleau-Ponty PhP, 337/332. View all notes Time is the vehicle of the world's appearance, and at the same time of its “disarticulation” [désarticulation],1414 This is a term Merleau-Ponty uses in The Visible and the Invisible in a well-known working note entitled “ Transcendence – forgetting – time”. See Merleau-Ponty VI, 247/197. View all notes the vehicle through which “becoming” – rather than being – shows itself. This process of phenomenalization, precisely because it is temporal, never achieves the density of fully realized being – the sense of this becoming is never fully articulate – but is perpetually subject to a temporal erasure that necessitates its repetition and reiteration. Time, in other words, is the principle of the world's eloquence – it is that thanks to which things have and make sense and simultaneously the principle of the world's murmuring stutter, the principle through which the sense of things remains incomplete and even erodes, decays, and degenerates. To begin, I will turn to Merleau-Ponty's reading of Husserl's diagram from the Zeitbewußtsein, which opens his attempt to “arrive at authentic time”.1515 Merleau-Ponty PhP, 477/483. View all notes Rather than simply rehearsing Husserl's discussion of primal impression, retention and protention, Merleau-Ponty's analysis of the diagram provides an opportunity for raising two problems: the problem of time's representability and the problem of its synthesis. Rather than through an “act intentionality” carried out by a transcendental subjectivity, time appears in accordance with an “operative intentionality” always already under way. Turning to the section of La temporalité aptly entitled “Passive Synthesis”, we see that Merleau-Ponty's analysis of the diagram leads him to the paradox of passive synthesis and what he calls, following Husserl, “transition synthesis”. Time does not show itself punctually – time appears neither as presence nor in the present – but only in the dual movement of its flux, its écoulement, and its éclatement, its explosive, self-differentiating unfurling. These reflections, finally, bring Merleau-Ponty into dialogue with Heidegger on what the latter called the Zusammenhang des Lebens. The “unity of a life”, accordingly, is not a question of any “resolution”, but is a function of our immersion in this temporal dehiscence. The important lesson to be learned from Merleau-Ponty's engagement with Husserl's Zeitbewußtsein is not something about the ontological primacy of one temporal dimension over another but what Merleau-Ponty famously calls in The Visible and the Invisible the “passivity of our activity”1616 Merleau-Ponty VI, 270/221. View all notes and our immersion in time's power of disarticulation. (shrink)

In the second half of Book One of the Prior Analytics, Aristotle reflects on the application of the formalized logic has developed in the first half, focusing particularly on the non-modal or assertoric syllogistic developed in the first seven chapters. These reflections lead Alexander of Aphrodisias, who was a great exponent of Aristotelianism in the late second century, to explain and sometimes argue against subsequent developments of Aristotle's logic and alternatives and objections to it, ideas associated mainly with his colleague (...) Theophrastus and with the Stoics. The other main topic of this part of the Prior Analytics is the specification of a method for discovering true premises needed to prove a given proposition. Aristotle's presentation is sometimes difficult to follow, and Alexander's discussion is extremely helpful to the uninitiated reader. In his commentary on the final chapter translated in this volume, Alexander provides an insightful account of Aristotle's criticism of Plato's method of division. (shrink)

The Western Middle Ages witnessed the emergence of a wide array of economic theories of public life and the common good that emphasized the worthiness (indeed priority) of ensuring a satisfactory arrangement of economic goods primarily for the sake of meeting the physical, temporal needs of individuals from all classes and orders. The chapter surveys a plethora of texts, dating from the middle of the twelfth century up to the end of the fifteenth, that considered pragmatic issues related to how (...) the material self-interest of human beings coincided with the augmentation of public wealth within a community, and especially how governmental policies promoted or hampered the goal of personal economic improvement. Despite the diversity of and occasional discordance among these writings, all of them fundamentally agree on two interrelated points: (1) the pursuit of material self-interest, rather than conflicting with or detracting from the common good, actually supports and enhances it; (2) the responsibility of government to promote the public welfare requires paying careful attention to the protection and promotion of private advantage. (shrink)

Purpose: The inspection of the World Wide Web reveals a multitude of speculative, frequently contradictory diagnoses: the dynamic evolution of the media demonstrably correlates with a multitude of competing descriptions. It is the author's attempt and the purpose of this paper to systematize the descriptive approaches from a meta-observer's point of view. Approach: The author takes advantage of a constructivist "philosophy of distinctions" (Heinz von Foerster), employing it as a strategy of presentation and reflection. He starts with some general (...) remarks describing this philosophy of distinctions, then using a number of central guiding differences (e.g., mass communication/individual communication, private/public etc.) as a suitable instrument to systematize a wide variety of descriptions. In the concluding section, he outlines an analytical method of meta-observation and specifies, in an abstract way, tendencies of potential discourse change which can be seen regarding the WWW and the emerging worlds of communication. It is demonstrated in what ways such a method could be helpful in seeking out the changes and the varying assessments of the life-world cyberspace. Conclusion: The author comes to the conclusion that the analytical method of observing distinctions that has been proposed here is capable of continual refinement; its design is sufficiently complex to permit a situation-specific activation and immediate reaction whenever unexpected developmental tendencies emerge and the contours of digital worlds of communication begin to change again and again. (shrink)

The Meditations of Marcus Aurelius are treasured today--as they have been over the centuries--as an inexhaustible source of wisdom. And as one of the three most important expressions of Stoicism, this is an essential text for everyone interested in ancient religion and philosophy. Yet the clarity and ease of the work's style are deceptive. Pierre Hadot, eminent historian of ancient thought, uncovers new levels of meaning and expands our understanding of its underlying philosophy. Written by the Roman emperor for his (...) own private guidance and self-admonition, the Meditations set forth principles for living a good and just life. Hadot probes Marcus Aurelius's guidelines and convictions and discerns the hitherto unperceived conceptual system that grounds them. Abundantly quoting the Meditations to illustrate his analysis, the author allows Marcus Aurelius to speak directly to the reader. And Hadot unfolds for us the philosophical context of the Meditations, commenting on the philosophers Marcus Aurelius read and giving special attention to the teachings of Epictetus, whose disciple he was. The soul, the guiding principle within us, is in Marcus Aurelius's Stoic philosophy an inviolable stronghold of freedom, the "inner citadel." This spirited and engaging study of his thought offers a fresh picture of the fascinating philosopher-emperor, a fuller understanding of the tradition and doctrines of Stoicism, and rich insight on the culture of the Roman empire in the second century. Pierre Hadot has been working on Marcus Aurelius for more than twenty years; in this book he distills his analysis and conclusions with extraordinary lucidity for the general reader. (shrink)

The “private” dimension of social life is problematic, posing conceptual, political, and ecological challenges. Some of these problems arise from the very nature of private property as it is enshrined in social life, which demands special privileges be granted to “private” matters on the grounds that these are private, because the predominant representation of the involved rights is that they reflect claims of the holders, rather than legitimate claims of society as a whole in allocating responsibilities, (...) benefits, and duties. The claim to the rationality of allocations of property rights, this article argues, must be questioned in light of the kind of commonality that is revealed in a striking manner by environmental issues (although it is not restricted to environmental matters). This questioning makes sense in relation to an analysis of social interactions, beyond the problematic opposition between the private sphere and public life. (shrink)

. Dzik [2] gives a direct proof of the axiom of choice from the generalized Lindenbaum extension theorem LET. The converse is part of every decent logical education. Inspection of Dzik’s proof shows that its premise let attributes a very special version of the Lindenbaum extension property to a very special class of deductive systems, here called Dzik systems. The problem therefore arises of giving a direct proof, not using the axiom of choice, of the conditional . A partial (...) solution is provided. (shrink)

Digital contact tracing is used in different countries to help contain the COVID-19 pandemic. It raises challenging empirical and ethical questions due to its complexity and widespread effects calling for a broader approach in ethical evaluation. However, existing approaches often fail to include all relevant value perspectives or lack reference to empirical data on the artifact in question. In this paper, we describe the development of an interdisciplinary framework to analyze digital contact tracing from an empirical and ethical perspective. Starting (...) with an analysis of methodological tensions in the attempt to analyze digital contact tracing, we, firstly, set out three methodological premises regarding (a) a specific view of technology, (b) a fruitful normative perspective, and (c) ways to gather empirical knowledge about the object under investigation. Secondly, we inspect consequences of these premises to develop our research methodology. In doing so, we argue for a postphenomenological perspective on technology, solidarity as an important concept to guide the ethical perspective, and an empirical approach based on qualitative social science research and the concept of affordances. We illustrate these considerations by referring to our analysis of the German Corona-Warn-App as an instance of contact tracing based on the Exposure Notification Framework by Google and Apple. We then discuss the implications of using such a framework, including considerations concerning future developments of technologies similar to or inspired by the current concepts of contact tracing. (shrink)

The purpose of this study was to validate the Korean version of the Student-Athletes’ Motivation toward Sports and Academics Questionnaire using exploratory structural equation modeling. A total of 412 South Korean collegiate student-athletes competing in 27 types of sports from 13 different public and private universities across South Korea were analyzed for this study. ESEM statistical approach was employed to examine the psychometric properties of SAMSAQ-KR. To assess content validity, the SAMSAQ-KR was inspected by a panel of content subject (...) experts. The Athletic Identity Measurement Scale was used to obtain convergent validity. The results of this study illustrated that the SAMSAQ-KR appears to be a robust and reliable instrument. (shrink)

The need for fair and just AI is often related to the possibility of understanding AI itself, in other words, of turning an opaque box into a glass box, as inspectable as possible. Transparency and explainability, however, pertain to the technical domain and to philosophy of science, thus leaving the ethics and epistemology of AI largely disconnected. To remedy this, we propose an integrated approach premised on the idea that a glass-box epistemology should explicitly consider how to incorporate values and (...) other normative considerations, such as intersectoral vulnerabilities, at critical stages of the whole process from design and implementation to use and assessment. To connect ethics and epistemology of AI, we perform a double shift of focus. First, we move from trusting the output of an AI system to trusting the process that leads to the outcome. Second, we move from expert assessment to more inclusive assessment strategies, aiming to facilitate expert and non-expert assessment. Together, these two moves yield a framework usable for experts and non-experts when they inquire into relevant epistemological and ethical aspects of AI systems. We dub our framework ‘epistemology-cum-ethics’ to signal the equal importance of both aspects. We develop it from the vantage point of the designers: how to create the conditions to internalize values into the whole process of design, implementation, use, and assessment of an AI system, in which values (epistemic and non-epistemic) are explicitly considered at each stage and inspectable by every salient actor involved at any moment. (shrink)

This study aims to look at the role of the practice of excellence strategies in education in achieving sustainable competitive advantage for the Higher educational institutions of the faculty of Engineering and Information Technology at Al-Azhar University in Gaza, a model, and the study considered the competitive advantage of educational institutions stems from the impact on the level of each student, employee, and the institution. The study was based on the premise that the development of strategies for excellence in education, (...) and its implementation is a vital important prerequisite to achieve sustainable competitive advantage in higher educational institutions. The study followed a systematic exploratory descriptive methodology through review of the theoretical literature, and the adoption of the experience of the Faculty of Engineering and Information Technology at Al-Azhar University in Gaza as a model for its unique experience in the field of excellence in education. The study results showed that the most important are: There is a strong correlation between the level of exercising excellence strategies in education and the achievement of higher educational institutions to the sustainable competitive advantage. The results include a general required number of important sub results on the subject of the model - Faculty of Engineering and Information Technology at Al-Azhar University in Gaza as follows: - The student considered the academic focus of the operation in the development process of the workers’ skills, particularly academics at the university helps to distinguish students and increase the employment rate after graduation. - The existence of consistency in development efforts and quality improvement for all three levels (student, employee, and the university), and this contributes to the Faculty excellence. - The Faculty has been able to achieve competitive advantages by offering excellent services without harming the efficiency, and this alone is a great success because improving service properties requires great investments, which negatively affect the continued institutional development. The study also reached a set of recommendations as follows: - The need to exercise excellence strategies in education, excellence reward at the national level, and those higher educational institutions follow the criteria for measuring the competitive advantages of its institutions always. - There is a need to increase efforts to implement programs of excellence, the allocation of adequate time, reward outstanding efforts as well. There is a necessity for each faculty to achieve competitive advantage and sustainability, using the general philosophies of competitive advantage, but with a different strategically content from what is in the private commercial sector, it reflects the Faculties mission and objectives, depending on making improvements and excellence in processes that ensure the safety of its outputs. As well as the need to find a balance between the work of teaching and research work of the faculty members, this has important implications regarding the criteria used in the process of excellence evaluation. The study recommended the adoption of strategies for excellence in education on a national public policy level mainly in the processes of change in higher education institutions. The need to support the existence of a common understanding of the efforts of excellence to create a general culture that appreciates excellence in faculties and universities. This underlines the need for transparent, fair rewards systems, to encourage innovation in education. The need to conduct a comprehensive surveys on the graduates of faculties and universities including the areas of employment and skills, because that will give accurate indications of the graduates and will help to establish a link to a more precise about the relationship of excellence strategies with the competitive advantages. (shrink)

There is a tension or even contradiction between mental causation - the belief that some mental events or properties are causally relevant for some physical events or properties - and the irreducibility of mental features to physical ones, the causal closure of the physical, and the assumption that there is no overdetermination of the physical. To reconcile these premises was a promise of nonreductive physicalism, but a closer inspection shows that it is, on the contrary, a source of (...) the problem - namely, the unintelligibility of mental causation. This has to do with the widely-held assumption that the mental supervenes on the physical. How can the mental be causally relevant, then? And what is the relationship of the mental and the physical? There are many options, including identity, realizationism, emergence, or some kind of reducibility. But they all have their own problems, e.g. they threaten mental reality, the causal closure of the physical, or scientific explanations. All these aspects are covered in Jaegwon Kim's book Mind in a Physical World. This paper is a detailed introduction to it, discussing and critically commenting it and those still intriguing, but also confusing and complicated issues of the mind-body problem, especially the ontology of mental causation. (shrink)

Theories that posit metaphysical structure are able to do much work in philosophy. Some, however, find the notion of ‘metaphysical structure’ unintelligible. In this paper, I argue that their charge of unintelligibility fails. There is nothing distinctively problematic about the notion. At best, their charge of unintelligibility is a mere reiteration of previous complaints made toward similar notions. In developing their charge, I clarify several important concepts, including primitiveness, intelligibility, and the Armstrong-inspired “ontologism” view of the world. I argue that, (...) ultimately, their charge is best understood as an objection whose central premise is that the notion of ‘structure’ runs contrary to an important presupposition of contemporary metaphysics. But that central premise is, on closer inspection, implausible. I respond to the objection by identifying three popular metaphysical theories that violate the alleged presupposition but are still generally regarded as intelligible. The objection thus fails to show that a theory that posits metaphysical structure is unintelligible. (shrink)

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and (...) a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, skepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship. (shrink)

In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

Virtue has been rediscovered in the United States as a subject of public debate and of philosophical inquiry. Politicians from both parties, leading intellectuals, and concerned citizens from diverse backgrounds are addressing questions about the content of our character. William Bennett's moral guide for children, A Book of Virtues, was a national bestseller. Yet many continue to associate virtue with a prudish, Victorian morality or with crude attempts by government to legislate morals. Peter Berkowitz clarifies the fundamental issues, arguing that (...) a certain ambivalence toward virtue reflects the liberal spirit at its best. Drawing on recent scholarship as well as classical political philosophy, he makes his case with penetrating analyses of four central figures in the making of modern liberalism: Hobbes, Locke, Kant, and Mill.These thinkers are usually understood to have neglected or disparaged virtue. Yet Berkowitz shows that they all believed that government resting on the fundamental premise of liberalism--the natural freedom and equality of all human beings--could not work unless citizens and officeholders possess particular qualities of mind and character. These virtues, which include reflective judgment, sympathetic imagination, self-restraint, the ability to cooperate, and toleration do not arise spontaneously but must be cultivated. Berkowitz explores the various strategies the thinkers employ as they seek to give virtue its due while respecting individual liberty. Liberals, he argues, must combine energy and forbearance, finding public and private ways to support such nongovernmental institutions as the family and voluntary associations. For these institutions, the liberal tradition powerfully suggests, play an indispensable role not only in forming the virtues on which liberal democracy depends but in overcoming the vices that it tends to engender.Clearly written and vigorously argued, this is a provocative work of political theory that speaks directly to complex issues at the heart of contemporary philosophy and public discussion.New Forum Books makes available to general readers outstanding, original, interdisciplinary scholarship with a special focus on the juncture of culture, law, and politics. New Forum Books is guided by the conviction that law and politics not only reflect culture, but help to shape it. Authors include leading political scientists, sociologists, legal scholars, philosophers, theologians, historians, and economists writing for nonspecialist readers and scholars across a range of fields. Looking at questions such as political equality, the concept of rights, the problem of virtue in liberal politics, crime and punishment, population, poverty, economic development, and the international legal and political order, New Forum Books seeks to explain--not explain away--the difficult issues we face today. (shrink)

In this paper, first, I want to clarify the nature and function of private property. Second, I want to clarify the distinction between “common” goods and property and “public” goods and property, and explain the construction error inherent in the institution of public goods and property. Third, I want to explain the rationale and principle of privatization.