In the long run, changes in society, both local and global, are inevitable. What, then, is and should be the relation between a general theory of law and social change? In the 1995 Kobe Lecture in Japan, Josef Raz said, “By and large, only bad theory can lead to change.” But a ‘good theory’, intended only to describe the normative world and not directly to change it or society, enlightens us in a way that changes our outlook in one way (...) or another. As our picture of the world changes, to that extent the change will be reflected in our practice. The change in practice in turn will affect society bringing about its change in the long run. That change can be either what was intended by the theory or an unintended consequence of it, sometimes favorable and sometimes disastrous. A theory may change the course of things as well by putting a halt to change. But if we can tell in advance that the theory will not lead to any social change whatsoever, it only means that the theory is trivial, or valueless even as a description. (shrink)

法・正義・自由をめぐる根源的思考。法概念についての抽象的な議論から裁判員制度等の実践的な問題まで、法哲学が提起する思考のスタイル。.

Study with text of Nyāyadīpikā of Abhinavadharmabhūṣaṇācārya, 15th cent, work on Jaina logic and epistemology.

Nicholas of Cusa (1401-1464) was one of the most original thinkers of the Renaissance. This collection examines, from several viewpoints, his speculative thought and reviews his ideas on dialogue with non- Christians in the light of his theories. The articles originated in papers presented at several conferences sponsored by the American Cusanus Society, 1981-1988. Annotation copyrighted by Book News, Inc., Portland, OR.

La figure du chat fait son apparition dans la littérature japonaise au ixe siècle, mais son image évoluera de manière inattendue à l’époque médiévale. Des témoignages littéraires du xie et du xiie siècle, tels que les Notes de chevet de Sei Shônagon et Le Dit du Genji de Murasaki Shikibu, montraient clairement l’intérêt porté aux chats par les dames de cour. Pourtant, à partir du xiiie siècle, le félidé fera au contraire l’objet d’une forme de « diabolisation », et c’est (...) cette dimension plus inquiétante du chat que nous aimerions évoquer ici, à travers trois exemples tirés du Kokon chomon-jû, vaste recueil de contes et légendes. Cette œuvre méconnue en Europe est attribuée à Tachibana no Narisue et achevée en 1254. The figure of the cat made its appearance in Japanese literature in the 9th century, but its image evolved unexpectedly in medieval times. Literary evidence from the 11th and 12th centuries, such as the Bedside Notes by Sei Shônagon and The Tale of Genji by Murasaki Shikibu clearly showed the interest of court women in cats. However, from the 13th century, the feline became the object of a form of “demonization”, and it is this more disturbing dimension of the cat that we would like to describe here, through three examples taken from Kokon chomon-Jû, a vast collection of tales and legends. This work, unknown in Europe, has been attributed to Tachibana no Narisue and was completed in 1254. (shrink)

I have first translated Sein und Zeit in Japanese in 1971 in collaboration with my elder colleague Prof. Hara in Tokyo. But in 1976 both he and Martin Heidegger died, and in 1977 a new edition of Sein und Zeit was published as part of Heidegger’s complete works. This new edition included many marginal notes of Heidegger’s and many textual revisions made by Heidegger himself. Therefore, I have published in 2003, based on the old version of my Japanese translation, a (...) totally revised Japanese translation of Sein und Zeit, in which, as translator, I have written a new introduction, many explicatory notes about Heidegger’s marginal notes and textual modifications and a chronological detailed record of Heidegger’s career. Out of this experience, I would like to detail upon two aspects: first, any nowadays reader of this work must study not only the original text itself, but also, by all means, Heidegger’s marginal notes, in order to correctly grasp a development of his thought on Being. Secondary, a reader must especially pay attention to the difficult problem of the relationship between authenticity and inauthenticity of the Being-in-the-world, because here is the most basic problem of the existence of Dasein and it is here the place where the turning point in Heidegger’s later thought on Being has its origin. (shrink)

Heterogeneous beliefs and decision processes generate positive externalities for social and economic systems, analogous to biodiversity in biological systems. Although some aspects of biodiversity (e.g., pests, parasites and bacteria) can lead to ecological and economic problems, biodiversity provides flows of beneficial ecological services and is widely regarded as a valuable natural resource and informational asset, whose value increases as we learn more and science progresses (Wilson in Bioscience 35(11):700–706, 1985). Heterogeneous beliefs and decision processes (and heterogeneous behaviors they generate) similarly (...) provide flows of beneficial economic services. Behavioral diversity should therefore be seen as a natural resource and informational asset likely to improve human wellbeing in surprising ways in the future. Paternalistic policies motivated by the goal of “correcting” allegedly suboptimal beliefs and behavior that diverge from expert recommendations jeopardize behavioral diversity at a substantial cost to social welfare. The risk of encroaching on this beneficial behavioral heterogeneity with policies that aim to induce behavioral and belief monocultures should be included explicitly as costs when evaluating nudges and other paternalistic policies. (shrink)

"An attempt at a quantitative study of the formal aspects of the process of knowing, inferring, information, and learning" -- Preface.

This article offers the results of emergy analysis used to evaluate four different soybean production systems in Brazil that were divided into two main categories: biological models (organic and ecological farms) and industrial models (green-revolution chemical farms and herbicide with no-tillage farms). The biological models show better environmental, economical, and social performance indicators; however, at the national level, discussion of transgenic soybean seed release considers only industrial models without any mention of biological models. Classic emergy analysis shows biological options are (...) the better alternatives but does not explain why decisions taken by farmers and government in Brazil were in opposition to these options. New research is proposed to identify and quantify the external forces that strongly interfere in the definition of public policy for soybean production. New parameters are proposed to enrich emergy methodology: Renewability of each input was considered in emergy calculations and negative externalities were included as additional services. (shrink)

We examined amygdala subregion volumes in patients with a first episode of major depression and in healthy subjects. Covariate-adjusted linear regression was performed to compare the MD and healthy groups, and adjustments for age, gender, and total estimated intracranial volume showed no differences in amygdala subregion volumes between the healthy and MD groups. Within the MD group, we examined the association between amygdala subregion volume and the 17-item Hamilton Rating Scale for Depression score and the HAMD subscale score, and found (...) no association in the left amygdala. In the right amygdala, however, there was an inverse linear association between the HAMD total and the HAMD core and lateral nucleus and anterior-amygdaloid-regions. Furthermore, an inverse linear association was seen between the HAMD psychic and the lateral nucleus, anterior-amygdaloid-regions, transition, and whole amygdala. The findings of this study suggest that the severity of MD and some symptoms of MD are associated with right amygdala volume. There have been few reports on the relationship between MD and amygdala subregional volume, and further research is needed to accumulate more data for further validation. (shrink)

Samuel Lytler Metcalfe was an American chemist and physician who wrote a voluminous work, Caloric Its Mechanical Chemical and Vital Agencies in the Phenomena of Nature ; attempting to account for all natural phenomena in terms of caloric. The book came out at the time when the concept of caloric was being gradually discarded and the law of conservation of energy was about to appear. Metcalfe was convinced that caloric would be the key to unlock the secrets of nature; in (...) order to develop the practical implications of his views he made research trips twice to England , and there he completed Caloric. (shrink)

By employing binary committee choice problems, this paper investigates how varying or eliminating feedback about payoffs affects: subjects’ learning about the underlying relationship between their nominal voting weights and their expected payoffs in weighted voting games; the transfer of acquired learning from one committee choice problem to a similar but different problem. In the experiment, subjects choose to join one of two committees and obtain a payoff stochastically determined by a voting theory. We found that: subjects learned to choose the (...) committee that generates a higher expected payoff even without feedback about the payoffs they received; there was statistically significant evidence of “meaningful learning” only for the treatment with no payoff-related feedback. This finding calls for re-thinking existing models of learning to incorporate some type of introspection. (shrink)

揺れ動く国民国家の概念、秩序形成にともなう差別などの考察を通して、規範と価値原理のヴィジョンを描く。.

法は危機をこえてどう変容するのか!法的議論の分裂、立憲主義の錯綜、正統性のゆらぎ―法が危機にあるいま、従来の支配的見解を根本的に問い、オルタナティヴ理論を提示する。.