We show that the fundamental legal structure of a well-written financial contract follows a state-transition logic that can be formalized mathematically as a finite-state machine (specifically, a deterministic finite automaton or DFA). The automaton defines the states that a financial relationship can be in, such as “default,” “delinquency,” “performing,” etc., and it defines an “alphabet” of events that can trigger state transitions, such as “payment arrives,” “due date passes,” etc. The core of a contract describes the rules by which different (...) sequences of events trigger particular sequences of state transitions in the relationship between the counterparties. By conceptualizing and representing the legal structure of a contract in this way, we expose it to a range of powerful tools and results from the theory of computation. These allow, for example, automated reasoning to determine whether a contract is internally coherent and whether it is complete relative to a particular event alphabet. We illustrate the process by representing a simple loan agreement as an automaton. (shrink)

Applying our new found knowledge from neuroscience to the discipline of law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, there are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind. This volume represents the first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how (...) we enact and obey laws. (shrink)

Like nature itself, modern economic life is driven by relentless competition and unbridled selfishness. Or is it? Drawing on converging evidence from neuroscience, social science, biology, law, and philosophy, Moral Markets makes the case that modern market exchange works only because most people, most of the time, act virtuously. Competition and greed are certainly part of economics, but Moral Markets shows how the rules of market exchange have evolved to promote moral behavior and how exchange itself may make us more (...) virtuous. Examining the biological basis of economic morality, tracing the connections between morality and markets, and exploring the profound implications of both, Moral Markets provides a surprising and fundamentally new view of economics--one that also reconnects the field to Adam Smith's position that morality has a biological basis. Moral Markets, the result of an extensive collaboration between leading social and natural scientists, includes contributions by neuroeconomist Paul Zak; economists Robert H. Frank, Herbert Gintis, Vernon Smith, and Bart Wilson; law professors Oliver Goodenough, Erin O'Hara, and Lynn Stout; philosophers William Casebeer and Robert Solomon; primatologists Sarah Brosnan and Frans de Waal; biologists Carl Bergstrom, Ben Kerr, and Peter Richerson; anthropologists Robert Boyd and Michael Lachmann; political scientists Elinor Ostrom and David Schwab; management professor Rakesh Khurana; computational science and informatics doctoral candidate Erik Kimbrough; and business writer Charles Handy. (shrink)

Die Beiträge des vorliegenden Bandes gedenken Rainer Schmalz-Bruns', indem sie drei wesentliche Dimensionen seines Denkens weiterverfolgen: In Teil I stehen Anschlüsse an Rainer Schmalz-Bruns' Werk im Zentrum. Teil II dient einer umfassenden und kontroversen Diskussion der Politischen Theorie und Ideengeschichte und ihrer Beziehung zur Politikwissenschaft. Teil III schreitet Forschungsfelder und Gegenstände der Politischen Theorie und Ideengeschichte ab. Ein Anhang versammelt Nachrufe und Erinnerungen. Mit Beiträgen von Mathias Albert, Harald Bluhm, Hauke Brunkhorst, Hubertus Buchstein, Alex Demirovic, Oliver Eberl, Karsten Fischer, (...) Oliver Flügel-Martinsen, Rainer Forst, Dirk Jörke, Ansgar Klein, Michèle Knodt, Bettina Koch, Regina Kreide, Claudia Landwehr, Marcus Llanque, Franziska Martinsen, Peter Niesen, Frank Nullmeier, Emanuel Richter, Thomas Saretzki, Andreas Vasilache und Michael Zürn. (shrink)

"... both an excellent introduction and a thoroughgoing analysis of Kristeva’s writing." —Signs "The book is a brilliant combination of a recuperative and a critical reading of Kristeva’s work." —Changes: An International Journal of Psychology & Psychotherapy "... a thorough, detailed, and critical analysis of the writings of Julia Kristeva." —Elizabeth Grosz "... the most involved and engaging study of Julia Kristeva’s work to date..." —The Year’s Work in Critical and Cultural Theory This first full-scale feminist interpretation of Kristeva’s work (...) situates her within the context of French feminism. Oliver guides her readers through Kristeva’s intellectual formation in linguistics, Freud, Lacan, and poetics. This comprehensive introduction to Kristeva makes accessible her important contributions to philosophy, linguistics, and psychoanalytic feminism. (shrink)

We are, Julia Kristeva writes, strangers to ourselves; and indeed much of contemporary theory describes the human condition as one of alienation. Eloquently arguing that we cannot explain the developement of individuality or subjectivity apart from its social context, Kelly Oliver makes a powerful case for recognizing the social aspects of alienation and the psychic aspects of oppression.

This volume offers an array of newly commissioned essays, addressing the topic of love in the Christian tradition. Drawn from a range of expert theologians and philosophers in contemporary analytic and non-analytic theology, these essays join current debates within the theology of love, and aim to propose new avenues for future research. Including the last essay written by Marilyn McCord Adams, Love, Divine and Human deals with a rich variety of issues related to divine and human love. The broad scope (...) of the book includes divine transcendence and its methodological bearing on the doctrine of divine love, the nature and scope of divine love, the interrelation between God's love and wrath, the plausibility of an impassable God of love, and the application of various conceptions of divine love to the problem of divine hiddenness, human ethics, and human free will, among other topics. This unified collection of cutting-edge papers will advance discussion for all those focused on the theology of love. (shrink)

ArgumentThe nineteenth century witnessed the advent of the modern zoo. Nearly everyone who came to watch the exotic animals was a “lay person” in the sense that virtually none had formal training in zoology. This paper provides a typology of these observers: the zoo directors, assistants, keepers, animal painters, and the “common” visitor. What did they observe and what were their motivations? Did they pursue a certain agenda? What kind of knowledge, if any, did they produce? Soon the issue of (...) the reliability of these observations emerged. Lay observers insisted on the veracity of their intimate and personal knowledge of animals while academics complained that their claims could not be generalized and were tainted by anthropomorphism. Hence the focus on the observations of these laymen will reveal contemporary assumptions on what may count as “scientific.” This is closely linked to the question of how far the zoo may qualify as a site of scientific investigation in the first place. The constraints on doing research on animals in a public space such as the zoo were numerous. Yet despite these obstacles the zoological garden contributed to the rise of ecological thinking as well as to the formation of ethology as a scientific discipline. (shrink)

In Subjectivity without Subjects, well-known philosopher and feminist theorist Kelly Oliver looks at aspects of popular culture, film, science, and law to examine contemporary notions of paternity and maternity. Oliver studies the roles of paternal responsibility, virility, and race in such events as the Million Man March and the Promise Keeper's movement and suggests alternative ways to conceive of self-other relations and the subjective identity at stake in them. In addition she offers a detailed analysis of particular works (...) by such well-known filmmakers as Polanski, Bergman, and Varda in developing a theory of identity that opens the subject to otherness and difference. (shrink)

Ever since Eve tempted Adam with her apple, women have been regarded as a corrupting and destructive force. The very idea that women can be used as interrogation tools, as evidenced in the infamous Abu Ghraib torture photos, plays on age-old fears of women as sexually threatening weapons, and therefore the literal explosion of women onto the war scene should come as no surprise. From the female soldiers involved in Abu Ghraib to Palestinian women suicide bombers, women and their bodies (...) have become powerful weapons in the Afghanistan and Iraq wars. In _Women as Weapons of War_, Kelly Oliver reveals how the media and the administration frequently use metaphors of weaponry to describe women and female sexuality and forge a deliberate link between notions of vulnerability and images of violence. Focusing specifically on the U.S. campaigns in Afghanistan and Iraq, Oliver analyzes contemporary discourse surrounding women, sex, and gender and the use of women to justify America's decision to go to war. For example, the administration's call to liberate "women of cover," suggesting a woman's right to _bare_ arms is a sign of freedom and progress. Oliver also considers what forms of cultural meaning, or lack of meaning, could cause both the guiltlessness demonstrated by female soldiers at Abu Ghraib and the profound commitment to death made by suicide bombers. She examines the pleasure taken in violence and the passion for death exhibited by these women and what kind of contexts created them. In conclusion, Oliver diagnoses our cultural fascination with sex, violence, and death and its relationship with live news coverage and embedded reporting, which naturalizes horrific events and stymies critical reflection. This process, she argues, further compromises the borders between fantasy and reality, fueling a kind of paranoid patriotism that results in extreme forms of violence. (shrink)

Why and under what conditions are individuals altruistic to family and friends in their social networks? Evolutionary psychology suggests that such behaviour is primarily the product of adaptations for kin- and reciprocal altruism, dependent on the degree of genetic relatedness and exchange of benefits, respectively. For this reason, individuals are expected to be more altruistic to family members than to friends: whereas family members can be the recipients of kin and reciprocal altruism, friends can be the recipients of reciprocal altruism (...) only. However, there is a question about how the effect of kinship is implemented at the proximate psychological level. One possibility is that kinship contributes to some general measure of relationship quality (such as ‘emotional closeness’), which in turn explains altruism. Another possibility is that the effect of kinship is independent of relationship quality. The present study tests between these two possibilities. Participants (N= 111) completed a self-report questionnaire about their willingness to be altruistic, and their emotional closeness, to 12 family members and friends at different positions in their extended social networks. As expected, altruism was greater for family than friends, and greater for more central layers of the network. Crucially, the results showed that kinship made a significant unique contribution to altruism, even when controlling for the effects of emotional closeness. Thus, participants were more altruistic towards kin than would be expected if altruism was dependent on emotional closeness alone – a phenomenon we label a ‘kinship premium’. These results have implications for the ongoing debate about the extent to which kin relations and friendships are distinct kinds of social relationships, and how to measure the ‘strength of ties’ in social networks. (shrink)

The use of behavioural science to inform policy is one of the main developments in the social sciences over the last several decades. In this book, Adam Oliver offers an accessible introduction to the development of behavioural public policy, examining how behavioural economics might be used to inform the design of a broad spectrum of policy frameworks, from nudges, to bans on certain individual behaviours, to the regulation of the commercial sector. He also considers how behavioural economics can explain (...) and predict phenomena as a challenge to economists' assumptions around how people perceive time, utility and money. The book offers an intellectual foundation for all those concerned with behavioural public policy, from academics, undergraduate and postgraduate students with a diverse range of disciplinary perspectives, such as economics, political science, sociology and anthropology, to policy makers and practitioners working directly with behavioural public policy in their everyday working lives. (shrink)

First published in 1933, this is Sir Oliver Lodge's defence of the luminiferous ether against the new physics of relativity.

Was sind Maximen gemäß Kants Moralphilosophie? Diese Frage entsteht, da Kant zwar eine Explikation von ‚Maxime‘ als ‚subjektives Prinzip des Wollens‘ angibt, diese Explikation aber selbst wieder sehr dunkel bleibt und schwer verständlich ist. Zur Beantwortung dieser Frage werde ich in einem ersten Teil versuchen, plausible Kandidaten dafür zu ermitteln, was unter Maximen zu verstehen ist. Dabei wird sich zeigen, dass Kandidaten, die aus Davidsons Handlungstheorie stammen, sehr geeignete Kandidaten sind. In einem zweiten Teil sollen diese Kandidaten dann ‚auf Herz (...) und Nieren‘ geprüft werden. Dazu werde ich in Anlehnung an Rüdiger Bittner diskutieren, ob die Kandidaten, die sich im ersten Teil als die plausibelsten erweisen, gewisse Grundanforderungen an Maximen erfüllen (An die auf der Annahme, Maximen seien die hier favorisierten Kandidaten, beruhende Maximenkonzeption gibt es folgende zwei Grundanforderungen: erstens die Möglichkeit der Explikation, was es heißt, dass eine Maxime vorliegt, auch wenn ihr nicht gefolgt wird, zweitens die Möglichkeit der Unterscheidung zwischen dem Befolgen einer Maxime und dem Handeln lediglich gemäß einer Maxime). Und ich werde mich dazu ferner der Frage widmen, ob bestimmte Kritiken, die an – nicht identischen, aber – ähnlichen Kandidaten für Maximen vorgebracht wurden, auch für die hier präsentierten Kandidaten einschlägig sind. Schließlich werde ich in diesem zweiten Teil noch gewisse Schwächen der von mir favorisierten Maximenkonzeptionen erläutern, die man unabhängig von Bittners Kritikpunkten konstatieren könnte. What are maxims in Kant's moral philosophy? This question arises because the explanation of 'maxim' Kant offers, namely as being a subjective principle of volition, remains dark and hard to understand as it stands. To answer this question I will first try to find plausible candidates for what might count as a maxime. It will turn out that candidates which come from Davidson's theory of action are very plausible candidates, indeed. In a second part of the paper these candidates should be "put through the acid test", so to speak: Following Rüdiger Bittner, I will discuss whether those candidates, which are, according to part one of the paper, the most plausible ones, meet some basic requirements maxims have to fulfill. And I will - still following Bittner - attend to the question whether certain critiques that were put forward against some similar maxim-candidates are relevant for those candidates here presented. Finally I am going to explain in this second part of the paper some remaining weaknesses one could point out against the conceptions of maxims I favour and which could be stated independently from Bittner's critiques. (shrink)

In this article I examine how Deleuzian-inspired assemblage theory allows us to offer a new challenge to the enlightenment categories of thought that have dominated archaeological thinking. The history of archaeological thought, whilst superficially a series of paradigm shifts, can be retold as arguments constructed within distinctions between ideas and materials, present and past, and culture and nature. At the heart of all of these has been the critical issue of representation, of how the gap between people and the world (...) can be bridged. In the last decade or so, however, archaeologists have begun to make a more significant challenge to these ideas, and have attempted to offer a critique of our enlightenment heritage that is ontologically, rather than epistemologically, inspired. Drawing on the manner in which assemblages allow for the vibrancy of matter, are non-anthropocentric, multiscalar and more-than-representational, this article argues that Deleuzian thought offers the best chance to rework our understanding of the past in this manner. This is explored through a case study of three scales of analysis of Neolithic Britain. (shrink)

It has been known for over a century that there is an afferent, as well as an efferent, component to the visceral-atonomic nervous system. Despite the fundamental importance of bodily afferent information- sometimes called interoception- to central nervous system control of visceral organ function, emotional-motivational processes, and dysfunction of these processes, including psychosomatic disorders, its role did not receive much attention until quite recently. This is the first comprehensive review of this topic and it covers both neurobiological and psychobiological aspects. (...) The author first defines the issue and gives an historical background starting with the James-Lange theory of emotion, and addresses learning and motivation, roots in Pavlovian conditioning research, and operant conditioning of visceral function. In the second section he reviews recent scientific findings in the neural basis of visceral perception and studies in cardiovascular-respiratory and alimentary interoception. Finally, he discusses several related areas of research and theory including drug state issues, interoception and psychiatric disorders, and bodily consciousness, and suggests directions for future investigation. The book will be of interest to scientists in neurobiology, psychology, and brain imaging, to indivuals in related clinical fields such as psychiatry, neurology, cardiology, gastroenterology, and clinical psychology, and to their students and trainees. (shrink)

Over the past 20 years or so, a small but growing literature has emerged with the aim of modeling agents who are unaware of certain things. In this paper we compare two different approaches to modeling unawareness: the object-based approach of Board and Chung (Object-based unawareness: theory and applications. University of Minnesota, Mimeo, 2008) and the subjective-state-space approach of Heifetz et al. (J Econ Theory 130: 78-94,2006). In particular, we show that subjectivestate-space models (henceforth HMS structures) can be embedded within (...) object-based models (henceforth OBU structures), demonstrating that the latter are at least as expressive. As long as certain restrictions are imposed on the form of the OBU structure, the embedding can also go the other way. A generalization of HMS structures (relaxing the partitional properties of knowledge) gives us a full converse. (shrink)

No longer is pregnancy a repulsive or shameful condition in Hollywood films, but an attractive attribute, often enhancing the romantic or comedic storyline of a female character. Kelly Oliver investigates this curious shift and its reflection of changing attitudes toward women's roles in reproduction and the family. Not all representations signify progress. Oliver finds that in many pregnancy films, our anxieties over modern reproductive practices and technologies are made manifest, and in some cases perpetuate conventions curtailing women's freedom. (...) Reading such films as _Where the Heart Is_ (2000), _Riding in Cars with Boys_ (2001), _Palindromes_ (2004), _Saved!_ (2004), _Quinceañera_ (2006), _Children of Men_ (2006), _Knocked Up_ (2007), _Juno_ (2007), _Baby Mama_ (2008), _Away We Go_ (2009), _Precious_ (2009), _The Back-up Plan_ (2010), _Due Date_ (2010), and _Twilight: Breaking Dawn_ (2011), Oliver investigates pregnancy as a vehicle for romance, a political issue of "choice," a representation of the hosting of "others," a prism for fears of miscegenation, and a screen for modern technological anxieties. (shrink)

In a seminal paper, Aumann (1987, Econometrica 55, 1–18) showed how the choices of rational players could be analyzed in a unified state space framework. His innovation was to include the choices of the players in the description of the states, thus abolishing Savage’s (1954, The Foundations of Statistics. Wiley, New York) distinction between acts and consequences. But this simplification comes at a price: Aumann’s notion of Bayes rationality does not allow players to evaluate what would happen were they to (...) deviate from their actual choices. We show how the addition of a causal structure to the framework enables us to analyze such counterfactual statements, and use it to introduce a notion of causal rationality. Under a plausible causal independence condition, the two notions are shown to be equivalent. If we are prepared to accept this condition we can dispense with the causal apparatus and retain Aumann’s original framework. (shrink)

This paper argues for two models of agreement which develop the idea that there is an agreement where one party gives a conditional undertaking and the other responds with an unconditional undertaking. The models accommodate plausible justifications for making and complying with agreements.

Purpose Professional ethics is explored with three main foci: a critique of codes of conduct and the value of creating a global code for information and communication technology ; a critique of ICT professional certification; and the debate over whether ICT is really a profession. Design/methodology/approach This is a conceptual reflection on the current state of the ICT industry internationally, informed by the literature. Findings Compared to a mature profession, such as health, ICT is a young profession. This is evidenced (...) in the disparity of domains of practice, the lack of agreement on universal values governing the industry and the ongoing difficulties in creating international certification. Originality/value Until now, there has been little recognition of the corporatisation of ICT professionals and the effect that has on their ability to engage in appropriate professional ethics. More research is needed to explore appropriate ways in which ethical behaviour can be encouraged in the corporate workplace, including how professional development can be strengthened through building learning organisations. (shrink)

The function and legitimacy of values in decision making is a critically important issue in the contemporary analysis of science. It is particularly relevant for some of the more application-oriented areas of science, specifically decision-oriented science in the field of regulation of technological risks. Our main objective in this paper is to assess the diversity of roles that non-cognitive values related to decision making can adopt in the kinds of scientific activity that underlie risk regulation. We start out, first, by (...) analyzing the issue of values with the help of a framework taken from the wider philosophical debate on science and values. Second, we study the principal conceptualizations used by scholars who have applied them to numerous case studies. Third, we appraise the links between those conceptualizations and learning processes in decision-oriented science. In this, we recur to the concept of methodological learning, i.e., learning about the best methodologies for generating knowledge that is useful for science-based regulatory decisions. The main result of our analysis is that non-cognitive values can contribute to methodological improvements in science in three principal ways: as basis for critical analysis, for contextualizing methodologies, and for establishing the burden of proof. (shrink)

Introduction One of popular science’s primary functions is to make what would otherwise be inaccessible, specialist knowledge accessible to the lay reader. But popular science puts its imagined reader in something of a dilemma, for one does not have to look very far to find bitter argument among science writers; argument that takes place beyond the limits of the scientific community: witness the ill-tempered exchanges between Mary Midgley and Richard Dawkins in the journal Philosophy in the l...

Promises -- Offer and acceptance -- Obligation -- Practical reason -- Intention and other topics -- Intervention by the state -- Contract -- Competition -- Conspiracy.