There is considerable disagreement and even confusion over what forms of border‐crossing philosophizing are most appropriate to our times. Are comparative, cross‐cultural, intercultural, blended, and fusion philosophy all the same thing? Some critics find what they call “comparative philosophy” to be moribund or problematically colonialist; others assert that projects like “fusion philosophy” are intellectually irresponsible and colonialist in their own way. Can we nonetheless identify a distinctive project of comparative philosophy and say why it is important? Based on a broad (...) survey of approaches, this essay offers schematic answers to these questions, clarifies some persistent confusions, and stresses the constitutive gamble that lies at the heart of all comparative philosophy. There are several different ways to do comparative philosophy well; which method to employ depends on the values that motivate and the pragmatic situation that frames one's inquiry, and on the ways in which one or more communities receive and respond to one's contribution. (shrink)

Résumé Ce document examine les liens entre la manière de rendre compte de la réalité sociale esquissée par George Herbert Mead et développée par Beth Singer et la contrepartie que l’on trouve chez les promoteurs du réalisme critique. Que ce soit principalement dans l’optique d’une défense de la pertinence des contributions de Mead ou dans la perspective d’un raffinement de l’ontologie sociale associée au réalisme critique, les auteurs qui ont déjà comparé ces perspectives ont considéré avant tout les différences. Dans (...) cet article, je soutiens qu’il existe des similitudes importantes entre la manière de rendre compte de la collectivité, des normes et des droits chez Mead et Singer et les thèses récentes énoncées de certains partisans du réalisme critique. En outre, je suggère que dans les cas mêmes où les limitations de l’analyse de Mead sont évidentes, par exemple dans sa description par trop « socialisée » du soi, diverses réponses aux critiques peuvent être apportée et plus d’une se trouve en cohérence avec des aspects centraux du réalisme critique. (shrink)

Ernst Fehr and his collaborators have argued that traditional explanations of human cooperation cannot account for strong reciprocity. They provide substantial empirical evidence that strong reciprocity is an important phenomenon that cannot be explained by the traditional models of kin selection or reciprocal altruism. In this note, however, I argue that it will be difficult to test specific adaptive explanations of strong reciprocity because it is apparently unique to humans. Consequently, it is difficult to employ the comparative method, which is (...) one of biology’s best tools for testing adaptationist claims. (shrink)

This study provides a comparative analysis of students' self-reported beliefs and behaviors related to six analogous pairs of conventional and digital forms of academic cheating. Results from an online survey of undergraduates at two universities (N = 1,305) suggest that students use conventional means more often than digital means to copy homework, collaborate when it is not permitted, and copy from others during an exam. However, engagement in digital plagiarism (cutting and pasting from the Internet) has surpassed conventional plagiarism. Students (...) also reported using digital "cheat sheets" (i.e., notes stored in a digital device) to cheat on tests more often than conventional "cheat sheets." Overall, 32% of students reported no cheating of any kind, 18.2% reported using only conventional methods, 4.2% reported using only digital methods, and 45.6% reported using both conventional and digital methods to cheat. "Digital only" cheaters were less likely than "conventional only" cheaters to report assignment cheating, but the former was more likely than the latter to report engagement in plagiarism. Students who cheated both conventionally and digitally were significantly different from the other three groups in terms of their self-reported engagement in all three types of cheating behavior. Students in this "both" group also had the lowest sense of moral responsibility to refrain from cheating and the greatest tendency to neutralize that responsibility. The scientific and educational implications of these findings are discussed in this study. (shrink)

How do a country’s basic institutions enable or hinder women’s rise to the boards of public companies? The study evaluates this question with reference to the five basic institutions that research suggests are common across all countries: family, education, economy, government, and religion. The study draws on a sample, which consists of 23 countries, and the study is framed in neo-institutional theory. In analyzing the role of these institutions, the article seeks to understand better the relationships between specific institutions and (...) the share of board seats held by women. The results suggest that four of the five basic institutions are related to the share of board seats women hold. Family, education, economy, and government influence women’s rise to the board; however, religion does not influence women’s rise to the corporate board of directors. (shrink)

In June of 2008, the International Society for Comparative Studies of Chinese and Western Philosophy (ISCWP) convened its third Constructive Engagement conference, on the theme of “Comparative Philosophy Methodology.” During the opening speeches, Prof. Dunhua ZHAO, Chair of the Philosophy Department at Peking University, challenged the conference’s participants to put forward a minimal definition of “comparative philosophy” and a statement of its methods. Based on the papers from the conference and the extensive discussion that ensued, during my closing reflections at (...) the end of the conference I offered a tentative synthesis of the conference’s conclusions. That summary has already been published on-line as part of the bi-annual ISCWP newsletter (Angle 2008). In this brief essay, I recapitulate the themes of my earlier summary and expand, in my own voice, on some of the key points. (shrink)

The Unfinished Revolution compares the post-Second World War histories of the American and British gay and lesbian movements with an eye toward understanding how distinct political institutional environments affect the development, strategies, goals, and outcomes of a social movement. Stephen M. Engel utilizes an electic mix of source materials ranging from the theories of Mancur Olson and Michel Foucault to Supreme Court rulings and film and television dialogue. The two case study chapters function as brief historical sketches to elucidate (...) further the conclusions on theory and whilst being politically-oriented, they also examine gay influence and expansion into mainstream popular culture. The book also includes an appendix that surveys and assesses the analytical potential of five critical understandings of social movements: the classical approach, rational choice, resource mobilization, new social movement theories, and political opportunity structures. It will be of value to academics and students of sociology, political science, and history. (shrink)

What makes some human rights campaigns for the physical integrity rights of prisoners more effective than others? Despite various normative arguments condemning these practices, only limited systematic analysis documents the relative effectiveness of different arguments on individuals. This is surprising, because the success of human rights campaigns depends on getting individuals to care about and support policy positions that protect human rights. We constructed an experiment to compare the effects of six different arguments against prisoner abuse and torture. We (...) found that an argument which emphasized the suffering of the prisoner had a consistently positive and significant effect on opposition to torture and prisoner abuse. However, this effect was largely contingent on subjects’ political ideology. Political conservatives actually became less opposed to torture, on average, after reading the same argument emphasizing the prisoners’ suffering or the sacredness of human beings. (shrink)

The ability to evaluate scientific claims made in various media sources is a critical component of scientific literacy. This study compares how a group of 12th grade students and a group of specialists, including scientists and policy analysts with expertise in global warming, evaluated an editorial about global warming published by an oil company on the World Wide Web. Participants were asked to read the editorial and were asked a set of interview questions about it. Examples from the specialists’ interviews (...) indicate the kinds of responses that are possible with in-depth scientific knowledge. In comparison, although some examples from the students’interviews illustrate competent performance for a nonexpert, other student responses illustrate possible pitfalls. The approach of the present study affords a constructive route for formulating goals for scientific literacy. The approach permits identifying examples of students evaluating scientific claims in more or less competent ways—claims that are in the context of an important socioscientific issue and an actual media source. (shrink)

The use of automobiles is a major cause of worldwide environmental disruption, including global warming. Policies designed to curb the environmental impact of automobiles present tradeoffs that high school graduates should be prepared to evaluate. This article compares how a group of high school students and a group of specialists with expertise in transportation issues, climate change, or both evaluated two policies designed to ameliorate the impact of automobiles. The policies were a $1 per gallon gasoline tax and a “feebate” (...) policy, which creates additional fees on the purchase of fuel-inefficient automobiles but offers rebates on the purchase of fuel-efficient vehicles. One goal of the study was to identify knowledge and beliefs that students bring to the task as well as to identify misconceptions they may have. Another goal was to identify knowledge used by the specialists that may be accessible or useful to high school students. (shrink)

When we speak, we mean more than we say. In this book Stephen C. Levinson explains some general processes that underlie presumptions in communication.

This volume gathers essays by fourteen scholars, written to honor Fred Dallmayr and the contributions of his political theory. Stephen F. Schneck's introduction to Dallmayr's thinking provides a survey of the development of his work. Dallmayr's “letting be,” claims Schneck, is much akin to his reading of Martin Heidegger's “letting Being be,” and should be construed neither as a conservative acceptance of self-identity nor as a nonengaged indifference to difference. Instead, he explains, endeavoring to privilege neither identity nor difference, (...) the hermeneutic circle for Dallmayr must also be one of thoroughgoing critique and praxis. And, indeed, what joins together Dallmayr's many essays and explorations, what inheres within his “cosmopolitan” understanding of the contemporary world, and what lends his analyses their imperative, is this same “letting be.” "How many of us, over the last forty years, have opened up this or that book by Fred Dallmayr to acquaint ourselves with a new thinker or intellectual movement? It has happened to me several times. Each time, something else happens too. I become alert again to the distinctive and noble temper expressed in Dallmayr's work. _Letting Be_ consists of a series of essays by leading scholars who articulate and appreciate this temper, particularly as it has found expression in his thought about global politics work over the last two decades. This is a fine study, devoted to a thinker whose temper of critical responsiveness deserves wide emulation." —_William E. Connolly, Krieger-Eisenhower Professor, Johns Hopkins University_ _ _ "These essays constitute a marvelous, extended conversation on how political theory should delineate its future tasks. The reader is treated to a lively debate about a crucial set of questions: what strands of traditional Western political thought offer the best resources today; how do we think more comparatively about the foundations of political life; how do we engage more fruitfully Islamic, Indian, and_ mestizo_ contributions; and how do we best envision cross-cultural dialogue and imagine the shape of a "cosmopolis" in ways that will do greater justice to human dignity and diversity? All in all a rich feast honoring a remarkable man and scholar, Fred Dallmayr." —_Stephen K. White, James Hart Professor, University of Virginia_ “This is not the first Festschrift for Dallmayr, and it may not be the last, but it is the first that begins to be in a position to assess his long career with all its twists and turns. I have never fully understood Dallmayr as a creative thinker in his own right until now, and even when I sensed he was, I couldn't precisely say how. Now I can.” —_C. Fred Alford, University of Maryland_. (shrink)

Nanotechnology promises to amend an understanding of elemental properties, alter the basic techniques of manufacturing, and improve disease diagnosis. There is a disconnect among the positive predictions of scientists and researchers, the fears of public interest groups, and the developers of products. A new framework for evaluating the social implications of nanotechnology will permit a dialogue among interest groups, who currently fail to effectively communicate with one another. Each instance of nanotechnology application will likely have its own unique attributes, but (...) this framework for evaluating the social implications of nanotechnology will address three questions: How do problems become visible to the social groups that contribute to the framing of technology? What kind of language do social groups use to express significance? How does risk standardization contribute to technology stabilization? The suggested framework compares the ways that risk is discussed in military applications, consumer products, and workplace safety. (shrink)

The Journal of Scientific Exploration is devoted to the open-minded examination of scientific anomalies and other topics on the scientific frontier. Its articles and reviews, written by authorities in their respective fields, cover both data and theory in areas of science that are too often ignored or treated superficially by other scientific publications. This issue of the Journal features papers on a variety of subjects. The lead article describes an intriguing study of a currently popular method of using technology to (...) attempt communication with the deceased. This research compared the results of experimental and control sessions of responses to randomly produced short speech elements. The second paper addresses the issue of what proper controls are for anomalies research, and, accordingly, what the criteria are for declaring some observed phenomenon to be an anomaly. The third paper concerns Hessdalen lights, unexplained earthquake lights usually seen in the Hessdalen Valley in Norway. The authors challenge a currently widely-held proposal that the lights result from piezoelectricity generated under a rock strain. The next paper addresses the concept of objective reality from the point of view of quantum physics and an ontological model in which correlations of events in the configuration space of the wave function are considered invariant with respect to changes of observer. The next paper comments critically on a previouslypublished JSE article arguing that cases of the reincarnation type (CORTs) could best be explained by appealing not to reincarnation but to a form of psychic functioning among the living. Following this commentary, the author of the original article offers his reply. The final paper is an essay concerning the long-standing human fascination with flight. The author surveys ancient manuscripts, oral traditions, and artifacts, looking for evidence that previous civilizations attempted to develop flying machines. This issue of the JSE is then filled out, as usual, with a large selection of substantive book reviews. (shrink)

The earlier lack of interest in L’Homme and how this has changed over the last few decades, with attention to the physiological ingredients in Cartesian epistemology and account of the passions. The translations of Hall and Gaukroger are compared.

International lockdown and social distancing as a response to COVID-19 indicate planetary interconnectedness. This South African case study compared global coherence, healing meditations using HeartMath Global Coherence and Inner Balance electronic applications before and during a 3-week lockdown period. Methodology integrated quantitative and qualitative components. Findings revealed significant meditation coherence and achievement increases and significant correlational cluster patterns between meditation data and global coherence increases, magnetometer readings. Local and global healing phenomena, dynamics, mechanisms and implications are discussed.Contribution: This article represents (...) research within a paradigm in which the intersection of philosophy, religious studies, social sciences, humanities and natural sciences generate an interdisciplinary, multidisciplinary and transdisciplinary contested discourse. (shrink)

What could someone represent that would enable her to track, at least within limits, others' perceptions, knowledge states and beliefs including false beliefs? An obvious possibility is that she might represent these very attitudes as such. It is sometimes tacitly or explicitly assumed that this is the only possible answer. However, we argue that several recent discoveries in developmental, cognitive, and comparative psychology indicate the need for other, less obvious possibilities. Our aim is to meet this need by describing the (...) construction of a minimal theory of mind. Minimal theory of mind is rich enough to explain systematic success on tasks held to be acid tests for theory of mind cognition including many false belief tasks. Yet minimal theory of mind does not require representing propositional attitudes, or any other kind of representation, as such. Minimal theory of mind may be what enables those with limited cognitive resources or little conceptual sophistication, such as infants, chimpanzees, scrub-jays and human adults under load, to track others' perceptions, knowledge states and beliefs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Free Will in the Light of Neuropsychiatry”G. Lynn Stephens (bio)A necessary condition of our having free will is that we initiate some of our actions by our own will or decision. Spence argues that, in light of certain empirical findings, we can accept that willing causes action, only if we acknowledge that willing is a non-conscious phenomenon. “If the notion of free will is retained... it will (...) be a free will which is essentially non-conscious.... [A] conscious free will (in the sense of consciousness initiating action) is incompatible with the evidence....” I shall argue that Spence’s conclusion depends upon a highly questionable understanding of what it is for a decision to be conscious.The evidence to which Spence refers above comes from experimental studies by Libet. This work suggests that, at least for simple motor performances, we become aware of willing the action only after the act has been initiated. This raises the possibility that our subjective experience of willing an action generally follows rather than precedes initiation of the relevant act and, hence, does not cause that action.What does all this entail concerning the causal efficacy of willing or deciding? Spence carefully refrains from drawing the conclusion that decisions never cause actions. Rather he concludes that “conscious decisions do not cause acts.... “Our decision or freedom is illusory (if by these terms we mean conscious phenomena).” We can continue to maintain that our decisions sometimes initiate actions, but only provided that we regard our decisions as non-conscious.In order to evaluate the claim that conscious decisions do not cause actions, we need to distinguish two questions: (1) Does my decision, of which I am conscious, cause me to do A? and (2) Does my being conscious of my decision cause me to do A?We might answer (1) in the affirmative, but (2) in the negative. That is, it might be true that my decision to do A caused me to do A and that I was conscious of that decision, but false that my being conscious of my decision caused me to do A. Indeed, we might suppose that, although my decision caused me to do A, I did not become conscious of that decision until after I had done A. How could this be? Suppose that my subjective experience of deciding to do A results from an (internal) perceptual process and that this process takes time. In that case it is possible that, having decided to do A, it requires more time for me to become conscious of that decision than is required for the decision to initiate my doing A. By the time I become aware of my decision, I have already done what I decided to do.The evidence Spence offers is incompatible with the hypothesis that the subjective experience of [End Page 97] my decision to do A causes me to do A, but quite compatible with the hypothesis that my decision to do A, of which I was conscious, caused me to do A. When he expresses his point by saying, “decisions to act arise prior to our consciousness of them,” or “The role of consciousness in volition is not that of initiator,” he is drawing the conclusion warranted by his evidence.However, he goes beyond his evidence when he says, “Thus our decision or freedom is illusory (if by these terms we mean conscious phenomena),” or “Conscious decision do not cause acts.” To justify these conclusions he needs to argue that something counts as a conscious decision only if we become conscious of it at precisely the instant at which it occurs. (Compare: Something counts as an event that we see, only if we begin to see it precisely at the instant at which it occurs.) Absent some defense of this view, a defense provided nowhere in Spence’s paper, we may continue to maintain that conscious decisions do cause actions.Related ArticlesFeature Article: Free Will in the Light of NeuropsychiatryCommentary: Commentary by FrithCommentary: Commentary by LibetCommentary: Commentary by StephensResponse: Response to the CommentariesG. Lynn Stephens G. Lynn Stephens, Ph.D., Department of Philosophy, University of Alabama... (shrink)

Imagine that you are given access to an AI chatbot that compellingly mimics the personality and speech of a deceased loved one. If you start having regular interactions with this “thanabot,” could this new relationship be a continuation of the relationship you had with your loved one? And could a relationship with a thanabot preserve or replicate the value of a close human relationship? To the first question, we argue that a relationship with a thanabot cannot be a true continuation (...) of your relationship with a deceased loved one, though it might support one’s continuing bonds with the dead. To the second question, we argue that, in and of themselves, relationships with thanabots cannot benefit us as much as rewarding and healthy intimate relationships with other humans, though we explain why it is difficult to make reliable comparative generalizations about the instrumental value of these relationships. (shrink)

A fundamental understanding of gain provided by motion prediction in wireless ad hoc routing is currently lacking. This paper examines benefits in routing obtainable via prediction. A theoretical best-case non-predictive routing model is quantified in terms of both message overhead and update time for non-predictive routing. This best- case model of existing routing performance is compared with predictive routing. Several specific instances of predictive improvements in routing are examined. The primary contribution of this paper is quantification of predictive gain for (...) wireless ad hoc routing. (shrink)

Patient-centered care is now recognized as a clinical method and ideal model for patient – health professional relationships, and many definitions have influenced its evolution. Overall the patient-centered care literature has provided relatively little to define patient-centered care at the level of the patient-professional relationship. Additionally, patient-centered care lacks grounding in ethical theory. This thesis asserts that theoretical concepts from the ethics of care can provide a stronger conceptual basis for patient-centered care.This thesis begins with a critical interpretive review of (...) the patient-centered care literature, yielding 12 articles that previously introduced new theoretical and definitional work on patient-centered care and patient-centered communication. Six common themes and ideas were discovered, and include Engaging the Patient as a Whole Person, Recognizing and Responding to Emotions, Fostering a Therapeutic Alliance, Promoting an Exchange of Information, Sharing Decision Making, and Enabling Self-Management and Patient Navigation. These elements were then compared to key elements of the ethics of care. This thesis argues that feminists have good reason to consider care as a type of moral duty, and it describes how this duty functions. This thesis also argues that a duty to care is triggered when caregivers are presented with particular substantive forms of vulnerability. Specifically, this thesis argues that vulnerable subjects whose constitutive needs are at risk require particular moral obligations. The links between the ethics of care and patient-centered care are discussed, including how an ethics of care response ought to function in the health care context. Finally, the cases of J.J. and Makayla Sault, two aboriginal girls who refused chemotherapy in favour of traditional aboriginal healing practices, are analyzed. This thesis offers a short scoping review of the bioethics discourse surrounding these cases. A review of this discourse revealed several common themes, which included the peripheral importance of culture and history, the equating of best interests with survival, the supremacy of science-based medicine, and the impartial application of ethical principles. This thesis recommends that health care professionals apply an ethics of care approach to similar ethical dilemmas in the future, which involves shifting one's ethical focus to the central relationships of the case, understanding the unique perspective of the patient's narrative, and promoting a care-based rather than a justice-based approach to problem-solving. (shrink)

Remote interpreting via video-link is increasingly being employed in investigative interviews chiefly due to its apparent increased accessibility and efficiency. However, risks of miscommunication have been shown to be magnified in remote interpreting and empirical research specifically on video-link remote interpreting is in its infancy which greatly limits the evidence base available to inform and direct evidence-based policy and best practice, particularly in the identification of the optimal mode of interpreting to be used, namely consecutive and simultaneous. Consecutive interpreting refers (...) to a process in which the interpreter transfers short segments of speech from one language into the other as each person speaks in managed turn-taking, while simultaneous interpreting refers to the transfer of natural speech from one language into another in a concurrent manner without the need for speakers to segment their speech. This study provides novel empirical evidence by using eye tracking to compare the overt visual attention of interpreters working in a remote setting in which an English-speaking Interviewer interacts with a non-English-speaking Suspect in person, for whom interpretation is provided via video-link in real time. Using a within-subject design, we analyze eye-movement data from 28 professionally accredited interpreters who interpreted via video-link an investigative interview in which consecutive and simultaneous interpreting modes were counterbalanced. Taking interpreting performance into account, our results showed that, the consecutive mode yielded significantly less gaze time and therefore significantly less on-screen overt visual attention due to off-screen notetaking, an essential component of the consecutive interpreting mode. Relative to gaze time, the consecutive mode also resulted in significantly more and longer fixations and shifts of attention. Participants also allocated significantly more overt visual attention to the Interviewer than the Suspect, particularly in the consecutive mode. Furthermore, we found informative significant correlations between eye tracking measures and interpreting performance: accuracy, verbal rapport, and management. Finally, we found no significant differences between the three language pairs tested. We conclude with a discussion of limitations and the contributions of the study and an outline for future work on this topic of growing importance. (shrink)

My aim in this paper is simply to show that, in bioethics no less than in other areas of health care, policy in democracies is shaped not only by principles and values, but also — and to some extent independently — by the shape and history of particular political institutions and past policies. “Path dependency,” or what one scholar has called the “accidental logics” of already-existing institutions, condition and guide national policy choices. These institutional and historical pressures can even create (...) substantial policy divergences between quite likeminded nations. I shall illustrate the point using some comparative data about national policies regarding research on human embryonic stem cells. The fact that gaps can develop between values and policies is readily visible to anyone who compares national stemcell research policies to the expressed attitudes of the citizens of various democratic countries regarding human embryonic stem-cell research. The role of path dependency and the accidental logics of institutional structure in creating those gaps can be illustrated by tracking down the details of the development of human embryonic stem cell policies in a few different countries. (shrink)

Ross (philosophy and comparative literature, State U. of New York, Binghamton) explores how it might be possible to represent representation. Interpretations of a wide range of modern philosophical works combine with original contributions.

It is widely recognized that mineral fertilizers must play an important part in improving agricultural productivity in western Kenyan farming systems. This paper suggests that for this goal to be realized, farmers’ knowledge must be strengthened to improve their understanding of fertilizers and their use. We analyzed smallholder knowledge of fertilizers and nutrient management, and draw practical lessons from empirical collective fertilizer-response experiments. Data were gathered from the collective fertilizer-response trials, through focus group discussions, by participant observation, and via in-depth (...) interviews representing 40 households. The collective trials showed that the application of nitrogen (N) or phosphorous (P) alone was insufficient to enhance yields in the study area. The response to P on the trial plots was mainly influenced by incidences of the parasitic Striga weed, by spatial variability or gradients in soil fertility of the experimental plots, and by interactions with N levels. These results inspired farmer to design and conduct experiments to compare crop performance with and without fertilizer, and between types of fertilizers, or responses on different soils. Participating farmers were able to differentiate types of fertilizer, and understood rates of application and the roles of respective fertilizers in nutrient supply. However, notions were broadly generated by unsteady yield responses when fertilizers were used across different fertility gradients, association with high cost (especially if recommended rates were to be applied), association of fertilizer use with hybrids and certain crops, historical factors, among other main aspects. We identified that strengthening fertilizer knowledge must be tailored within existing, albeit imperfect, systems of crop and animal husbandry. Farmers’ perceptions cannot be changed by promoting more fertilizer use alone, but may require a more basic approach that, for example, encourages farmer experimentation and practices to enhance soil properties such as carbon build-up in impoverished local soils. (shrink)

ACT is compared with a particular type of connectionist model that cannot handle symbols and use nonbiological operations which do not learn in real time. This focus continues an unfortunate trend of straw man debates in cognitive science. Adaptive Resonance Theory, or ART-neural models of cognition can handle both symbols and subsymbolic representations, and meet the Newell criteria at least as well as connectionist models.

Traces the rise and fall of successive international systems from medieval times to the present, showing how international order is created, how it is maintained, and why it breaks down.

We all live in the age of constitutional balancing.ing away differences of nuance and doctrinal detail, balancing is a common feature of the structure of rights analysis across contemporary constitutional systems. Indeed, abstracting just a little further still, balancing is an inherent part of the near-universal general conception of a constitutional right as an important prima facie claim that nonetheless can in principle be limited or overridden by certain non-constitutional rights premised on conflicting public policy objectives. It is not surprising, (...) then, that a significant literature about balancing has developed at both domestic and comparative levels. What is surprising is that so little of this literature has attempted to present the normative case for constitutional balancing or the general structure of rights analysis of which it is an inherent part. Rather, the existing scholarship has mostly focused on five other tasks: describing and comparing first-order practices of balancing; providing second-order conceptual analyses; explaining balancing's rise to dominance; advancing critiques of balancing; and rebutting these critiques. In this article, I attempt to present one particular normative justification of constitutional balancing; namely a democratic justification. I argue that balancing appropriately bolsters the role of majoritarian decision-making about rights within a system of constitutional democracy. It thereby renders entrenched rights enforced by the power of constitutional or judicial review more consistent with certain enduring democratic concerns. I also explain the implications of this justification for how courts should exercise their powers of review. (shrink)

Forms of interaction are seldom addressed in comparative perspective. This investigation based on field notes and interviews examines the manner in which a series of American and West German patterns of interpersonal relations diverge. The insider/outsider, public/private, Freundschaft/friendship dichotomies, as well as modes of speaking and group dynamics, are discussed. A series of regular and structured misunderstandings may result when Americans and West Germans come into contact.

This article assesses the relevance today of two different kinds of Marxism : traditional, “classical” or determinist Marxism and non-traditional or overdeterminist Marxism. These two Marxisms are compared and contrasted to show how and why they yield different notions of socialism and communism, class, the place of economics in Marxism, causation, and epistemology. The authors explain why the overdeterminist version is preferred to the determinist and what this choice suggests about a new Marxian politics for the 21st century. The latter (...) aims to yield a society with a new kind of economic freedom for workers : one in they collectively receive and distribute the gross profits they produce. (shrink)

This article closely compares the opposing foundations of theoretical philosophy in René Descartes and Ayn Rand. The developmental course of Rand's foundations, with their continual opposition to Descartes, is tracked. Arguments particularly against Descartes are assembled in this article, and the bountiful contemporary scholarship on Descartes is engaged.

In The Foundations of Private Law James Gordley argues that the modern private law in common and civil law jurisdictions is best explained on the basis of a neo-Aristotelian theory first developed by a group of 16th century Spanish thinkers known as the ‘late scholastics’. The concepts of distributive and commutative justice that, according to Gordley, lay at core of the scholastics’ theory and that explain, respectively, modern property law and the law of obligations , though ignored and disparaged for (...) much of the 19th and 20th centuries, are today familiar to most private law scholars . Yet Gordley’s understanding of these concepts and, in particular, of their relationship both to one another and to the apex idea of ‘living a distinctively human life’ is unique, setting his account apart not just from utilitarian and other ‘modern’ accounts of private law, but also from other neo-Aristotelian theories . In Gordley’s presentation, commutative justice is derived from distributive justice and distributive justice is derived from the idea of the distinctively human life. Confidently traversing a wide range of historical, comparative and theoretical materials, the book’s argument is at once ambitious, learned, and elegantly presented. But as a theoretical account of the foundations of the modern private law it is unpersuasive. The book’s own account of property law suggests that in practice the idea of distributive justice does little, if any, work in explaining the rules we actually have. Nor is it clear how, if at all, distributive justice flows from the allegedly foundational idea of the ‘distinctively human life’. As for commutative justice, it is not clear why, if is derived from distributive justice in the way Gordley believes, the courts should care about it. Finally, but perhaps most significantly, Gordley’s conception of commutative justice is unable to account for central features of the law of obligations. (shrink)

This is the third of the five volumes projected by Cambridge University Press in its new English translation of Proclus's important commentary on Plato's Timaeus. It contains a translation of about one third of the second volume of Ernst Diehl's critical edition of the Greek text covering Proclus's commentary on Plato's discussion of the world's body at Timaeus 31b–34a. The volume of translation also includes an introduction, notes, glossaries , and a general index. Baltzly's translation is the first English version (...) for approximately two hundred years—and the first based on Diehl's text—and should be compared with A.-J. Festugière's French translation on which it sometimes improves. This translation combines the virtues of being both close to the original Greek and readable in its own right, its value for the more committed scholar being enhanced by the incorporation of transliterated Greek terms into the text at strategic points.Without detracting from the overall value of this translation, a few comments or criticisms should be made. A first principle of translation to be followed in such a case is consistency of terminology. Since Proclus's Greek is rigorously technical in a way that Plato's is. (shrink)

Packard attempted to incorporate cave fauna into a general theory of evolution that would be consistent with the principle of recapitulation, and would have as the primary mechanism the inheritance of the effects of the environment. Beyond this, he also attempted to demonstrate that the evolution of cave fauna was consistent with progressive evolution. The use he made of comparative anatomy and embryology places him within the tradition of classical morphology that was dominant through much of the last half of (...) the nineteenth century, but of waning importance by the time of Packard's death in 1905. The importance Packard gave to cave fauna as evidence for Lamarckian evolution stimulated interest in the phenomenon; this interest, and references to cave fauna in the scientific literature, declined after his death. Since then, the importance of cave fauna in evolutionary theory has declined from their status as the star evidence in Packard's theory to their present status as a difficult anomaly within the modern synthetic theory. (shrink)

This paper extends a stochastic theory for buffer fill distribution for multiple “on‘ and “off‘ sources to a mobile environment. Queue fill distribution is described by a set of differential equations assuming sources alternate asynchronously between exponentially distributed periods in “on‘ and “off‘ states. This paper includes the probabilities that mobile sources have links to a given queue. The sources represent mobile user nodes, and the queue represents the capacity of a switch. This paper presents a method of analysis which (...) uses mobile parameters such as speed, call rates per unit area, cell area, and call duration and determines queue fill distribution at the ATM cell level. The analytic results are compared with simulation results. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books 1–5Stephen M. WheelerWilliam S. Anderson, ed. Ovid’s Metamorphoses: Books 1–5. With introduction and commentary. Norman and London: University of Oklahoma Press, 1997. vi 1 578 pp. Cloth $49.95; paper, $21.95.For those who labor in the vineyard of Ovid’s Metamorphoses, the vintage of 1997 should be a memorable one. One of the year’s most notable releases is Anderson’s second installment to his Oklahoma text and commentary. The first volume—introduction, (...) text, and commentary to books 6–10—appeared hysteron proteron in 1972. The new edition, covering books 1–5, resembles its older sibling in format and conception but also benefits from developments in Ovidian scholarship since 1972. The introduction follows the same basic framework as its predecessor in surveying Ovid’s career, subsequent reception of the Metamorphoses, plan and tone of the poem, poet at work, manuscript tradition, and selected bibliography. But the contents of each section are [End Page 170] updated, and exemplary discussions are recast to reflect the material of books 1–5. The Latin text is, of course, different too. Now Anderson reprints, without critical apparatus, the sixth edition of his Ovidius, Metamorphoses (Stuttgart and Leipzig: B. G. Teubner, 1993), which, incidentally, incorporates illa instead of illas at 1.2. After the text come the notes, which run to 420 pages. The average of one page of commentary per ten lines of poetry equals the rate of the earlier volume. This may seem a lot at first sight, especially given the compact format of the pages. Yet if one compares Anderson’s ratio of commentary to text with that of other commentaries on individual books of the Metamorphoses, there is little significant difference (Bömer is the exception!). Finally, the volume is equipped with a ten-page index.The format of the new commentary is more reader-friendly than the old. In addition to the headings (in capitals) for major episodes, Anderson now inserts subheadings (in italics) for individual scenes, which help to articulate what he takes to be the structural units within each book. Moreover, he introduces each book with a survey of its contents, and he prefaces each myth or scene with background information about sources, literary models, and Ovid’s own innovations. The notes themselves offer a reasonably current and welcome alternative to the existing English-language commentaries that cover books 1–5: A. G. Lee (book 1); J. Moore-Blunt (book 2); A. A. R. Henderson (book 3); and the briefer notes of D. E. Hill to books 1–4 and 5–8. Of these, the most closely comparable with Anderson are the school commentaries of Lee and Henderson. While Anderson cites Lee frequently in his comments on book 1, the differences of approach and interpretation between the two are so great that there is little danger of duplication and plenty of room for dialogue. Henderson’s commentary, which receives no notice from Anderson, is pitched primarily to the sixth-form pupil and first-year university student. Anderson aims a little higher: high enough indeed that he keeps his reader abreast of Bömer’s commentary. But Anderson generally refrains from citing secondary literature, even though his views are clearly informed by the work of scholars such as Bernbeck, Otis, Segal, Galinsky, and Solodow.Nowhere in the new edition does Anderson actually state who his audience is. Perhaps it goes without saying that such a commentary is directed toward students. But perceptive readers will realize that Anderson engages a multiple audience that includes teachers and scholars as well. It may therefore be helpful to spell out what level of competence Anderson expects of his readers. In the first place, thorough familiarity with Latin morphology is required, because Anderson provides few prompts. Naturally, rare verb forms receive explanation, and odd items, such as Greek declensional endings, are clarified. If Anderson is sparing in morphological assistance, he is quite generous in matters of syntax, regularly explaining case usage and complex verbal constructions. He also draws attention to characteristic syntactic features of Ovid’s style, such as the pluperfect tense to set a scene, participial subordination, or the relative [End Page 171] clause placed before... (shrink)