This book opens with a simple introduction to financial markets, attempting to understand the action and the players of Wall Street by comparing them to the action and the players of main street. Firstly, it explores the definition of a security by its function, the departure from the buyer beware environment of corporate law and the entrance into the seller disclose environment of securities law. Secondly, it shows that the cost of disclosure rules is justified by their capacity to combat (...) irrationalities, fads, and panics. The third section explains how the structure of class actions is designed to improve deterrence. Next it explores the economic harm from insider trading and how the law fights it. In sum, the book shows how all these parts of securities law serve the virtuous cycle from liquidity to accurate prices and more trading and how the great recession showed that our securities regulation reacted mostly adequately to the crisis. (shrink)

This is a book about the meanings of words and how they can combine to form larger meaningful units, as well as how they can fail to combine when the ...

In their constructive reviews, Frances Egan, Randy Gallistel and Steven Gross have raised some important problems for the account of content advanced by Nicholas Shea in Representation in Cognitive Science. Here the author addresses their main challenges. Egan argues that the account includes an unrecognised pragmatic element; and that it makes contents explanatorily otiose. Gallistel raises questions about homomorphism and correlational information. Gross puts the account to work to resolve a dispute about probabilistic contents in perception, but argues that (...) a question remains about whether probabilities are found in the content or instead in the manner of representation. (shrink)

Francis Fukuyama's controversial new book, Our Posthuman Future: Consequences of the Biotechnology Revolution, has elicited varied reactions, but like it or not, it seems likely to be influential. Here are three opinions. —Ed.

Recent attempts to distinguish a normatively acceptable “civic nationalism"—as distinct from an irrationally tainted “ethnic nationalism"—have failed to take seriously the implications of the transition from the city as the immediate spatial unit of the patria to the more abstract national state that replaced it. The nation‐state has required a mythologizing naturalism to legitimate it, thus blurring the distinction between “civic” and “ethnic.” The urban political experience of the patria is lost to us; cosmopolitan intellectuals should resist the comforting temptation (...) to recover it in the nation, and should recognize civic nationalism for the oxymoron it is. (shrink)

The authors explore the history of experiments in economics, provide examples of different types of experiments and show that the growing use of experimental methods is transforming economics into an empirical science.

abstract This article defends luck egalitarianism as an interpretation of the egalitarian ideal against two major criticisms levelled against it by Elizabeth Anderson — that it is trapped in the distributive paradigm, and that it treats the victims of bad option luck too harshly to be considered an egalitarian theory. Against the first criticism, I argue that luck egalitarianism will condemn non‐material inequalities and injustices if an appropriate conception of well‐being is adopted. I demonstrate this by showing how the approach (...) is sensitive to the five faces of oppression developed by Iris Young. Although the second criticism is more troubling, it does not defeat luck egalitarianism, either. I will show that few of the inequalities that arise in the real world result from option luck. Further, if cases do occur, rather than abandoning the theory, the best response is to combine luck egalitarianism with another egalitarian principle that will ensure that the basic needs of all citizens are satisfied. The paper concludes by defending the appeal of the distinction between option luck and brute luck, in light of the preceding discussion. (shrink)

This issue’s “Legal Briefing” column covers recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the problem continues (...) to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two define the problem of medical decision making for the unbefriended. The remaining 12 categories describe different solutions to the problem. The first six of these solutions are discussed in this article (Part 1). The last eight solutions will be covered in the Summer 2012 issue of JCE (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

This paper offers practical advice about how to interact with machines that we have reason to believe could have minds. I argue that we should approach these interactions by assigning credences to judgements about whether the machines in question can think. We should treat the premises of philosophical arguments about whether these machines can think as offering evidence that may increase or reduce these credences. I describe two cases in which you should refrain from doing as your favored philosophical view (...) about thinking machines suggests. Even if you believe that machines are mindless, you should acknowledge that treating them as if they are mindless risks wronging them. Suppose your considered philosophical view that a machine has a mind leads you to consider dating it. You may have reason to regret that decision should these dates lead on to a life-long relationship with a mindless machine. In the paper’s final section, I suggest that building a machine that is capable of performing all intelligent human behavior should produce a general increase in confidence that machines can think. Any reasonable judge should count this feat as evidence in favor of machines having minds. This rational nudge could lead to broad acceptance of the idea that machines can think. (shrink)

_Three Steps on the Ladder of Writing_ is a poetic, insightful, and ultimately moving exploration of 'the strange science of writing.' In a magnetic, irresistible narrative, Cixous reflects on the writing process and explores three distinct areas essential for 'great' writing: _The School of the Dead_--the notion that something or someone must die in order for good writing to be born; _The School of Dreams_--the crucial role dreams play in literary inspiration and output; and _The School of Roots_--the importance of (...) depth in the 'nether realms' in all aspects of writing. Cixous's love of language and passion for the written word is evident on every page. Her emotive style draws heavily on the writers she most admires: the Brazilian novelist Clarice Lispector, the Russian poet Marina Tsvetaeva, the Austrian novelists Ingeborg Bachmann and Thomas Bernhard, Dostoyevsky and, most of all, Kafka. (shrink)

(1996). Statelessness: The making and unmaking of political identity. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 820-825.

This issue’s “Legal Briefing” column continues coverage of recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the (...) problem continues to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two categories define the problem of medical decision making for the unbefriended. The remaining 12 describe different solutions to the problem. The first six categories were covered in Part 1 of this article; the last eight categories are covered in this issue (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

This essay proposes a bifurcation within the concept of moderation in early modern Europe. To draw this out it reconstructs an “encounter” between two citizens of the scholarly Republic of Letters in the years around 1700—Lodovico Antonio Muratori and Jean Le Clerc—and the concept of moderation each maintained. It proposes that the former maintained an ideal of moderation which was “hard” principally about self-regulation, while the latter maintained an ideal of moderation which was “soft” and principally about (religious) toleration. It (...) then attaches this “encounter” to an analogous conflict between uses of moderation in late seventeenth- and early eighteenth-century England. It concludes by proposing that this bifurcation, while occurring within scholarly and theological debates, has enduring significance for our interpretation of the Enlightenment, and for the passage of political moderation into the modern world. (shrink)

What makes New York City different from Moscow? Are small towns looking more and more alike? What criteria should we use to distinguish one place from another? Today, geographers and other social scientists are debating not only the answers to these sorts of questions but even whether or not to ask them at all. This ongoing controversy about how (or whether) to study place and its meaning in modern life forms the focus of J. Nicholas Entrikin's pioneering work. Those (...) who point to a decline in the study of place in geography, Entrikin explains, cite three main causes: the apparent homogenization of world culture; the belief that studying particular places is somehow "parochial;" and the tendency of the scientific method to generalize. Entrikin treats each of these in turn, addressing topics that include the Marxist view of a world economy, the moral implications of place (in such notions as community and provincialism), and the empiricist versus neo-Kantian traditions in philosophy. To geographers arguing the merits of hard, scientific data versus subjective experience, Entrikin offers a compromise. "To understand place," he suggests, "requires that we have access to both an objective and a subjective reality. From the decentered vantage point of the theoretical scientist, place becomes either location or a set of generic relations and loses much of its significance for human action. From the centered viewpoint of the subjective self, place has meaning only in relation to one's own goals and concerns. Place is best viewed from points in-between.". (shrink)

Originally developed by Alcoholics Anonymous, the Twelve Step program now provides life direction for the millions of people worldwide who are recovering from addiction and undergoing profound personal transformation. Yet thus far it has received surprisingly little attention from philosophers, despite the fact that, like philosophy, the program addresses all-important questions regarding how we ought to live. In Sobering Wisdom, Jerome A. Miller and Nicholas Plants offer a unique approach to the Twelve Step program by exploring its spirituality from (...) a philosophical point of view. Drawing on a variety of thinkers from Aristotle to William James and from Nietzsche to Foucault, as well as a diverse range of philosophical perspectives including naturalism, Buddhism, existentialism, Confucianism, pragmatism, and phenomenology, the contributors to this volume address such questions as the relation of personal responsibility to an acknowledgment of powerlessness, the existence of a "higher power," and the role of virtue in recovery. Ranging in tone from deeply scholarly to intensely personal, their essays are written in an accessible way for a broad audience that includes not only philosophers, theologians, and psychologists but also spiritual directors, health professionals, and addiction counselors. Perhaps most important, the book is also conceived for those involved in Twelve Step programs whose lives are being transformed by the experience. (shrink)

This article discusses the current epistemological status of the political blogosphere, in light both of the concerns raised by Alvin Goldman in his 2008 paper ?The Social Epistemology of Blogging? and the recent drastic changes in the structure of the blogosphere. I argue that the political blogosphere replicates epistemically beneficial functions of the mainstream media for the functioning of democracy, and defend this claim from objections to the blogosphere that have been levelled by Goldman and Richard Posner. I then provide (...) an expanded defence of the political blogosphere in response to these particular objections. (shrink)

In Plato’s Laws, the Athenian Stranger maintains that law should consist of both persuasion (πειθώ) and compulsion (βία) (IV.711c, IV.718b-d, and IV.722b). Persuasion can be achieved by prefacing the laws with preludes (προοίμια), which make the citizens more eager to obey the laws. Although scholars disagree on how to interpret the preludes’ persuasion, they agree that the preludes instill true beliefs and give citizens good reasons for obeying the laws. In this paper I refine this account of the preludes by (...) arguing that the primary purpose of the preludes is to motivate correct action, and that for citizens who lack rational-governance this is achieved via useful false beliefs. That is to say, in many cases, the prelude functions as a “noble lie” (γενναῖον ψεῦδος). (shrink)

I want to thank all of those who have commented on my article in the Journal of Medical Ethics.1 The commentaries address a wide cross-section of the issues raised in my article. I have organised my responses thematically.The state of playAllen Buchanan's scepticism2 about moral statuses higher than personhood derives, in part, from our apparent inability to describe them. We seem to have little difficulty in imagining what it might be to have scientific understanding far beyond that of any human (...) scientist. By contrast, it is exceedingly difficult to describe moral statuses superior to that of any person. Boosting cognitive capacities seems to result in cognitively superior persons—not post-persons . I offer an explanation of our moral myopia.2 We are necessarily clueless in respect of moral statuses superior to our own. If mice understood practical reasons sufficiently well to truly understand why persons have a moral status superior to their own then they would be capable of the feats of practical reason constitutive of personhood—they would be persons. Our cluelessness about post-persons is compatible both with their possible existence and with their necessary non-existence. I propose an inductive argument for the existence of statuses superior to personhood. The observed existence of many moral statuses up to and including persons provides moderately strong inductive support for the possibility of post-persons.Who do we trust to make decisions about higher moral statuses?What precisely does the inductive argument predict? If my diagnosis of our moral myopia about post-personhood is correct, then mere persons cannot really understand what properties of post-persons give them a superior status. They will be able to infer their existence indirectly by an appeal to the predicted judgments of beings who lack our cognitive limitations. Wasserman3 questions my suggestion that we should defer to the sincere moral judgments of …. (shrink)

This article provides a speech act analysis of ‘crime-enacting’ provisions in criminal statutes, focusing on the illocutionary force of these provisions. These provisions commonly set out not only particular crimes and their characteristics but also their associated penalties. Enactment of a statute brings into force new social facts, typically norms, through the official utterance of linguistic material. These norms are supposed to guide behaviour: they tell us what we must, may, or must not do. Our main claim is that the (...) illocutionary force of such provisions is primarily ‘world-creating’, i.e. effective, or declarational, rather than directive. We assume that directive illocutionary force is either direct or indirect, showing that provisions need not contain the linguistic items that make for direct directives and that according to standard tests no indirect directive is present. A potential counter-argument is that any utterance serving to direct behaviour is necessarily a directive. We show that this behaviour-directing property is shared by some clear non-directives. (shrink)

The philosophical origins of the principle of subsidiarity must be understood historically. This chapter argues that the critical point for the emergence of the principle lay in Thomas Aquinas’s theological interpretation of Aristotle’s political philosophy and his application of it to the institutional pluralism of medieval Europe. From Aristotle, Aquinas developed the idea that human societies naturally progress from families, through villages to entire city-states, but he recognised that what Aristotle said of city-states could be applied not only to cities (...) but even more emphatically to political communities on the scale of provinces, kingdoms and empires. Moreover, for Aquinas, the civil order was not the only ‘perfect community’ in Aristotle’s sense: there was also the church in all of its many grades and jurisdictions, alongside the many different religious orders and fraternities of medieval Europe, some of them also organised into their own graded hierarchies. Reflecting on the complexity of the society surrounding him, Aquinas acknowledged the many and various purposes for which various associations and forms of human community exist and are formed, giving rise to a whole host of familial, geographical, professional, mercantile, scholarly and other specialised societies. All of these groups and groupings, from the smallest to the largest, have their place and their proper function, according to Aquinas, and each should to be allowed to make its unique and special contribution as a means to integral human fulfillment, without undue interference from any others, including the state. (shrink)

Tonti-Fillipini, Nicholas We all have friends or family who are gay or lesbians. These are people we know and love and are a part of our families. The Rudd government's removal of laws that discriminated against them was most significant in ending inequality in the law. Now though we face something very different: the redefinition of marriage to exclude the words "a man and a woman" from what marriage means.

This article deals with a highly debated text, namely 2 Maccabees 12, specifically the problematic verses (38–45) which contain a theology that is distinctly non-Jewish in import. Indeed, most recent scholars concerned with this passage do not seem to be unanimous apropos the best interpretation of the events that are described, resulting in a range of different opinions concerning, inter alia, the afterlife, purgatory and/or doctrinal disputes between Pharisees and Sadducees. By means of an interpretivist or constructivist epistemology, the authors (...) advocate that normally, traditional Judaism emphasises personal, individual responsibility and accountability, whereas in this text God is portrayed as requiring material, financial payment for wrongdoing and not individual תשובה [teshuvah]. This is in contradistinction to, inter alia, Exodus 30:11–16 and theologically Jewish ‘transgression’ has clearly metamorphosed into Christian ‘sin’. In addition, Judas Maccabeus seems to have retained a half-shekel methodology (employed for Jewish men of military age – soldiers) whilst emphasising the ‘atonement for your lives’ from Exodus 30:11–16 in a more literalistic, materialistic, non-Jewish sense whilst de-emphasising the real need to maintain the Temple as well as the proper, traditional rules of תשובה. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This article aims to give an analysis of the phenomena of unjust misappropriation of marginalised groups’ terms online, using the example misappropriation of ‘woke’ from the Black community on Twitter. I argue that using terms such as these outside their original context warps their meaning, decreasing the intelligibility of the experiences of the marginalised agents who use them when attempting to express themselves both within their community and without. I intend to give an analysis of this phenomena, with the expectation (...) that understanding it better will provide a crucial step in combatting it. To this end, I argue it can be understood as a specialised form of what Kristie Dotson calls ‘contributory injustice’, injustices which involve the suppression of a marginalised community’s existing hermeneutical resources, combined with a specific consequence of what Boyd and Marwick call ‘context collapse’, the removal of social norms created through the homogenising effect of social media sites like Twitter. The result is a novel misappropriation phenomenon, I label ‘Context-Collapsed Contributory Injustice’ or ‘CC.CI’. This type of misappropriation is particularly harmful due to it being faster-acting than historical varieties of misappropriation. Furthermore, unchecked continual cases of CC.CI can cause a novel from of what Miranda Fricker calls ‘hermeneutical injustice’, which is demarcated from standard cases by its ability to reintroduce conceptual lacunas through undermining existing hermeneutical resources. I finish by disambiguating cases of CC.CI from natural meaning change and critically analysing some existing philosophical treatments of “woke”. (shrink)

Many neuroimaging studies of semantic memory have argued that knowledge of an object's perceptual properties are represented in a modality-specific manner. These studies often base their argument on finding activation in the left-hemisphere fusiform gyrus-a region assumed to be involved in perceptual processing-when the participant is verifying verbal statements about objects and properties. In this paper, we report an extension of one of these influential papers-Kan, Barsalou, Solomon, Minor, and Thompson-Schill (2003 )-and present evidence for an amodal component in the (...) representation and processing of perceptual knowledge. Participants were required to verify object-property statements (e.g., "cat-whiskers?"; "bear-wings?") while they were being scanned by functional magnetic resonance imaging (fMRI). We replicated Kan et al.'s activation in the left fusiform gyrus, but also found activation in regions of left inferior frontal gyrus (IFG) and middle-temporal gyrus, areas known to reflect amodal processes or representations. Further, only activations in the left IFG, an amodal area, were correlated with measures of behavioural performance. (shrink)

Many scholars have viewed the noble lie as fundamentally a device for educating the non-philosophers in the Kallipolis. On this reading, the elite and sophisticated philosopher rulers lie to the non-philosophers, who are unable to fully grasp the truth; such lies help motivate the non-philosophers towards virtuous activity and the promotion of the common good. Hence, according to many scholars, the falsehoods of the noble lie play no role in motivating fully accomplished adult philosophers towards virtue. The motivation for this (...) view is that it would seem strange that the wisest citizens, who have knowledge of the Forms, believe something as far-fetched as the myth of the metals. However, this paper challenges this tradition by arguing that the falsehoods of the noble lie are fundamental to the philosophers’ virtuous dispositions. More precisely, this paper argues that the non-reasoning part of the rulers believes the falsehoods of the noble lie and that these false beliefs have positive ethical value because the non-reasoning part of the soul is too unsophisticated to grasp the complete truth. Thus, the non-reasoning part of a philosopher’s soul requires false beliefs in the same way that non-philosophers require false beliefs. (shrink)

Researchers have proposed that blocking facial feedback via glabellar-region botulinum toxin injections can reduce depression. Random-effects meta-analyses of studies that administered GBTX...

The use of autonomous weaponry in warfare has increased substantially over the last twenty years and shows no sign of slowing. Our chapter raises a novel objection to the implementation of autonomous weapons, namely, that they eliminate moral cost-sharing. To grasp the basics of our argument, consider the case of uninhabited aerial vehicles that act autonomously (i.e., LAWS). Imagine that a LAWS terminates a military target and that five civilians die as a side effect of the LAWS bombing. Because LAWS (...) lacks moral agency, and in particular the capacity for moral emotions, moral cost-sharing is limited to dead civilians and their loved ones. We argue that's unjust insofar as those responsible for unjust harm to others ought to share in those costs. Our worry expands to other strategic uses of AI, e.g., cyber warfare. This presents a dilemma: Either we design autonomous weaponry capable of moral emotions, or we limit the use of autonomous weaponry. The former undermines the risk-mitigation purpose of creating autonomous weaponry and expands the number of sentient individuals whose welfare is risked in war. The latter risks worsening combatant casualties and achieving strategic aims. (shrink)

_Philosophy Through Science Fiction_ offers a fun, challenging, and accessible way in to the issues of philosophy through the genre of science fiction. Tackling problems such as the possibility of time travel, or what makes someone the same person over time, the authors take a four-pronged approach to each issue, providing · a clear and concise introduction to each subject · a science fiction story that exemplifies a feature of the philosophical discussion · historical and contemporary philosophical texts that investigate (...) the issue with rigor, and · glossary, plot profiles of pertinent science fiction stories and films, and questions for further reflection. _Philosophy Through Science Fiction_ includes stories from contemporary science fiction writers including Greg Egan and Mike Resnick, as well as from classic authors like Philip K. Dick and Robert Heinlein. Philosophy readings include historical pieces by René Descartes and David Hume, and contemporary pieces by John Searle and Mary Midgley. (shrink)