ABSTRACTMost legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuan...

This paper addresses the phenomenon of judicial greatness by developing a general concept of greatness and applying it to law. Under the view offered in the paper, greatness is connected to theoretical or methodological diversification. When applied to adjudication, this means that great judges are revered because they successfully make a prima facie case for their novel adjudicative methods. This is not a judicial duty but rather a voluntary project. However, once a judge succeeds in making such a prima facie (...) case, he is exempt from other judicial duties. This thesis challenges many theories of judicial duty, which do not allow normative room for supererogatory actions in law. The paper demonstrates these claims by discussing two paradigmatic great judges – Chief Justice Marshall and Justice Holmes. (shrink)

This paper offers a new interpretation of Nietzsche's ‘higher men’ doctrine, which explains how he can simultaneously hold the following two positions: first, that higher types are especially important or valuable; and second, that all moral claims are false. Nietzsche can coherently subscribe to both views by arguing that higher types have wide inter-subjective value to lower types. More specifically, higher men, who are mainly characterized by their strong, commanding nature, fulfill a psychological need, common in most humans—the need to (...) obey. The paper develops this conception of higher types and shows how it relates to Nietzsche's insights on culture, nihilism, and becoming. (shrink)

This paper studies the role that known bounds on message transmission times in a computer network play on the evolution of the epistemic state over time. A connection to cones of causal influence analogous to, and more general than, light cones is presented. Focusing on lower bounds on message transmission times, an analysis is presented of how knowledge about when others are guaranteed to be ignorant about an event of interest can arise. This has implications in competitive settings, in which (...) knowing about another’s ignorance can provide an advantage. (shrink)

The effect of upper bounds on message delivery times in a computer network upon the dynamics of knowledge gain is investigated. Recent work has identified centipedes and brooms—causal structures that combine message chains with time bound information—as necessary conditions for knowledge gain and common knowledge gain, respectively. This paper shows that, under the full-information protocol, these structures are both necessary and sufficient for such epistemic gain. We then apply this analysis to gain insights into the relation between “everyone knows” and (...) common knowledge. We prove a tight threshold on the depth k, beyond which Ek G (everyone in G knows nested to depth k) collapses into CG (common knowledge), when this knowledge concerns the occurrence of a spontaneous event. The threshold depends on the size of the group G of agents, as well as the time that has elapsed since the event of interest occurred. The existence of such a threshold is not guaranteed for all protocols, which is demonstrated here by presenting a counterexample in which no such threshold exists. (shrink)

Scaling of pattern with size has been described and studied for over a century, yet its molecular basis is understood in only a few cases. In a recent, elegant study, Inomata and colleagues proposed a new model explaining how bone morphogenic protein (BMP) activity gradient scales with embryo size in the early Xenopus laevis embryo. We discuss their results in conjunction with an alternative model we proposed previously. The expansion‐repression mechanism (ExR) provides a conceptual framework unifying both mechanisms. Results of (...) Inomata and colleagues implicate the chordin‐stabilizing protein sizzled as the expander molecule enabling scaling, while we attributed this role to the BMP ligand Admp. The two expanders may work in concert, as suggested by the mathematical model of Inomata et al. We discuss approaches for differentiating the contribution of sizzled and Admp to pattern scaling. (shrink)

Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as (...) a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms. (shrink)

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law" - rules that vary person by person - will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, (...) the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. (shrink)

Abstract:This essay presents and discusses how James Rennel (1742–1830), a royal cartographer in eighteenth-century Bengal and father of British Modern Geography, presented and discussed the biblical concept of "exile" as a "practice" for the benefit of the empire. Following Rennell's readings in Biblical and Classical texts, this essay shows how Rennell intervened in contemporary European debates about Jews and trade.

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been based or renewed, the public stages (...) on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin’s corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of “the people” in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book’s contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

_ Source: _Volume 25, Issue 2, pp 256 - 278 Rabbi Abraham Isaac Ha-Cohen Kook’s essay “The War” is a text of immense importance with respect to the development of ideological militaristic writing in religious Zionism. The essay was first published in the book _Orot me-Ofel_, edited by R. Kook’s son, Rabbi Zvi Yehudah Kook. In this study, I wish to distinguish the views presented in the notebooks and collected writings of R. Kook from his position as set forth in (...) the edited essay, which bears the stamp of the editor’s interpretation. Nine of the essay’s ten passages were written during World War I, and only the first passage, which bears the theological-militant stamp, does not appear in the collections of manuscripts from which the essay was constructed. My aim is to trace how R. Zvi Yehudah edited the essay and to explore the important influence of this passage. (shrink)

A Dictionary of Medieval Judeo-Arabic in the India Book Letters from the Geniza and in Other Texts. By Mordechai Akiva Friedman. Jerusalem: Ben-Zvi Institute, 2016. Pp. xxii + 1017. $37.A Unique Hebrew Glossary from India: An Analysis of Judeo-Urdu. By Aaron D. Rubin. Gorgias Handbooks. Piscataway, NJ: Gorgias Press, 2016. Pp. xii + 134. $48.

Abstract:This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics (CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist and (...) method of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

Lotteries have long been used to resolve competing claims, yet their recent implementation to allocate school places in Brighton and Hove, England led to considerable public outcry. This article argues that, given appropriate selection is impossible when parties have equal claims, a lottery is preferable to an auction because it excludes unjust influences. Three forms of contractualism are discussed and the fairness of lotteries is traced to the fact that they give each person an equal chance, as a surrogate for (...) their equal claim to the good. It is argued that this can be a reason to favour an artificially-constructed lottery to a 'natural' lottery where there is suspicion that the latter may be biased. (shrink)

Claims concerning processes, claims of the form “xisφing”, have been the subject of renewed interest in recent years in the philosophy of action. However, this interest has frequently limited itself to noting certain formal features such claims have, and has not extended to a discussion of when they are true. This article argues that a claim of the form “xisφing” is true when what is happening withxis such that, if it is not interrupted, a φing will occur. It then applies (...) itself more directly to the case of action, arguing that when “xisφing” describesx's intentional action, it is true iffxis acting from a method she knows to be sufficient to φ, in the sense that if she is not interrupted in carrying out this method, she will φ. I use this criterion to argue that the carbon‐copier example Donald Davidson gives in “Intending” fails to refute Elizabeth Anscombe's claim that an agent who is φing intentionally knows that she is, because the agent in Davidson's example is not intentionally making the copies. (shrink)

: In “What is a ‘Real’ Argument?” Geoff Goddu (2009) suggests and rejects four candidates for what a real argument is, concluding that argumentation theorists should abandon the idea that there is a theoretically significant sub-class of arguments that should be called real. In this paper, I argue against Goddu’s conclusion, finding that real arguments are arguments that are used or that have prospective use in the practice of thinking about matters that call for reasonable and reflective judgment concerning what (...) to believe or do. What makes these arguments theoretically distinct from arguments in general is that they are used or that they may be used in the pragmatic endeavor of attempting to establish good reasons for beliefs and actions. Real arguments are therefore the arguments that should be treated in a course that aims to improve the skills of argumentation that students might use outside of the classroom in real-life. (shrink)

ISCT arguably forms the most promising impetus to a contractarian theory of business ethics presently available. In this article, I want to pay tribute to the lasting significance of Dunfee's contribution to the field of business ethics by analyzing the vital role of the idea of extant social contracts (ESCs) in the conceptual set up of the ISCT project. The construct of ESCs can be shown to shape the problem statement from which the ISCT project proceeds – indeed it helps (...) to conceptualize the basic question which defines and delineates the domain of business ethics. (shrink)

Mill's most famous departure from Bentham is his distinction between higher and lower pleasures. This article argues that quality and quantity are independent and irreducible properties of pleasures that may be traded off against each other higher pleasures’ lexically dominate lower ones, and that the distinction is compatible with hedonism. I show how this interpretation not only makes sense of Mill but allows him to respond to famous problems, such as Crisp's Haydn and the oyster and Nozick's experience machine.

In this paper we assess the functionality and therapeutic potential of ambient smart environments. We argue that the language of affordances alone fails to do justice to the peculiar functionality of this ambient technology, and draw from theoretical approaches based on the free energy principle and active inference. We argue that ambient smart environments should be understood as playing an'upstream' role, shaping an agent's field of affordances in real time, in an adaptive way that supports an optimal grip on a (...) field of affordances. We characterise this optimal grip using precision weighting, and in terms of allostatic control, drawing an analogy with the role of precision weighting in metacognitive processes. One key insight we present is that ambient smart environments may support allostatic control not only by simplifying an agent's problem space, but by increasing uncertainty, in order to destabilise calcified, sub-optimal, psychological and behavioural patterns. In short, we lay an empirically-grounded theoretical foundation for understanding ambient smart environments, and for answering related philosophical questions around agency, trust, and subjective wellbeing. (shrink)

This paper proposes an analysis of statements about universals according to which such statements assert nothing more than that the evidence we’d take to confirm them obtains, where this evidence is understood to consist solely of patterns in the behavior of particulars that cannot be explained by other regularities in the way things behave. On this analysis, to say that a universal exists is simply to say that there is such a pattern in the behavior of certain particulars, and for (...) any predicate F that is presumed to correspond to a universal, to say that a particular is F is simply to say that its behavior exhibits a pattern of this sort. I argue that there is no theoretical work that we want postulations and ascriptions of universals to do that they’d be unfit for if analyzed in this way, and consequently that there is no reason to treat such statements as asserting anything more than what the proposed analysis suggests. (shrink)

An introduction to comparative philosophy relates European and Oriental philosophies and brings to light such aspects of Eastern philosophy as intellectuality, reasoning, and logical analysis usually associated with Western thought.

Mindreading in schizophrenia has been shown to be impaired in a multitude of studies. Furthermore, there is increasing evidence to suggest that metacognition is damaged as well. Lack of insight, or the inability to recognise one's own disorder, is an example of such a failure. We suggest that mindreading and metacognition are linked, but separable.

Abstract This work is about the viability domain corresponding to a model of fisheries management. The dynamic is subject of two constraints. The biological constraint ensures the stock perennity where as the economic one ensures a minimum income for the fleets. Using the mathematical concept of viability kernel, we find out a viability domain which simultaneously enables the fleets to exploit the resource, to ensure a minimum income and stock perennity. Content Type Journal Article Category Regular Article Pages 1-19 DOI (...) 10.1007/s10441-012-9153-5 Authors C. Sanogo, LIRNE, Mathmatics Engineering Team, Ibn Tofail University, Kenitra, Morocco S. Ben Miled, ENIT-LAMSIN, Tunis el Manar University, Tunis, Tunisia N. Raissi, LAA, Mohamed V University, Rabat, Morocco Journal Acta Biotheoretica Online ISSN 1572-8358 Print ISSN 0001-5342. (shrink)

The source of the value of naturalness is of considerable relevance for the conservation movement, to philosophers, and to society generally. However, naturalness is a complex quality and resists straightforward definition. Here, two interpretations of what is “natural” are explored. One of these assesses the naturalness of species and ecosystems with reference to a benchmark date, such as the advent of industrialization. The value of naturalness in this case largely reflects prioritization of the value of biodiversity. However, the foundation of (...) our understanding of naturalness is that it describes processes that are free of human intervention. Conflict between the two interpretations of naturalness is apparent in the claim that naturalness can be enhanced by human intervention, in the form of ecological restoration. Although naturalness in its purest form precludes human intervention, some human activities are also apparently more natural than others. This continuum of naturalness relates to the autonomy of the individual from abstract instrumentalism, which describes a particular form of influence ubiquitous in contemporary society. The value of naturalness reflects both dissatisfaction with these threats to personal autonomy, and respect for wild nature as the embodiment of a larger-than-human realm. (shrink)

ABSTRACT Scientific advances in genetic analysis have been made possible in recent years by technical developments in computational biology, or bioinformatics. Bioinformatics has opened up the human genome to diverse analyses involving automated laboratory hardware and machine learning algorithms and software. As part of an emerging field of social genomics, recent educational genetics studies using big data have begun to raise challenging findings linking DNA to predicted life outcomes. Bioinformatic technologies and techniques including ‘genome-wide association’ and ‘polygenic scoring’ are producing (...) new kinds of genetic biodata and expert knowledge for rethinking the upbringing and education of children. This article takes as an empirical opening a recent epistemic and ethical controversy over the use of biodata to make genetic predictions about educational, socio-economic and life outcomes, detailing the forms of expert knowledge and technologies involved these predictions, and exploring the social and ethical implications of data-intensive bioinformatics. (shrink)

Johannes Kniess argues that a generational smoking ban, which prevents all those born after a certain date from buying tobacco, need not violate relational egalitarian commitments.1 Those denied the freedom to smoke need not be regarded as inferior, discriminated against, stigmatised or have their interests neglected. However, his argument focuses on a comparison between the younger cohort, who are permanently denied the freedom to smoke, and existing smokers, who retain the freedom to smoke because withdrawing this would impose greater burdens (...) on them. As illustrated in table 1, there are three relevant groups in society: (1) older smokers, (2) older non-smokers and (3) younger non-smokers. (The ban, if effective, means that there will not be any smokers in the younger cohort, so the potential fourth category is empty.) The comparisons Kniess makes focus on groups 1 and 3, but neglect group 2: those who are old enough to smoke, but who are not already smokers. View this table: Table 1 Groups in society A generational ban involves differential treatment of older cohorts (groups 1 and 2) and younger cohorts (group 3). Kniess argues that such differential treatment can be …. (shrink)

We prove that for every simple theory $T$ (or even simple thick compact abstract theory) there is a (unique) compact abstract theory $T^fP$ whose saturated models are the lovely pairs of $T$. Independence-theoretic results that were proved in [Ben Yaacov, Pillay, Vassiliev - Lovely pairs of models] when $T^fP$ is a first order theory are proved for the general case: in particular $T^fP$ is simple and we characterise independence.