The essays in this volume apply philosophical analysis to address three kinds of questions: What are the implications of genetic science for our understanding of nature? What might it influence in our conception of human nature? What challenges does genetic science pose for specific issues of private conduct or public policy?

A mathematical model based upon catastrophe theory is derived to describe the kinematics of the wing beat in Dipteran flight. The parameters of the model correspond to anatomical and physiological characteristics of the insect.

The Strange Situation procedure was developed by Ainsworth two decades agoas a means of assessing the security of infant-parent attachment. Users of the procedureclaim that it provides a way of determining whether the infant has developed species-appropriate adaptive behavior as a result of rearing in an evolutionary appropriate context, characterized by a sensitively responsive parent. Only when the parent behaves in the sensitive, species-appropriate fashion is the baby said to behave in the adaptive or secure fashion. Furthermore, when infants are (...) observed repeatedly in the Strange Situation,the pattern of behavior is said to be highly similar, and this pattern is said to predict the infants' future behavior in a diverse array of contexts. After an exhaustive review of the literature, it is shown that these popular claims are empirically unsupported in their strong form, and that the interpretations in terms of biological adaptationare misguided. There is little reliable evidence about the specific dimensions of parental behavior that affect Strange Situation behavior, although there does appear to be some relationship between these constructs. Temporal stability in security of attachment ishigh only when there is stability in family and caretaking circumstances. Likewise, patterns of Strange Situation behavior only have substantial predictive validity in similarly stable families. Implications for future research and theorizing — particularly as they relate to the use of evolutionary biology in psychological theory — are discussed. (shrink)

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

We examined whether facial expressions of performers influence the emotional connotations of sung materials, and whether attention is implicated in audio-visual integration of affective cues. In Experiment 1, participants judged the emotional valence of audio-visual presentations of sung intervals. Performances were edited such that auditory and visual information conveyed congruent or incongruent affective connotations. In the single-task condition, participants judged the emotional connotation of sung intervals. In the dual-task condition, participants judged the emotional connotation of intervals while performing a secondary (...) task. Judgements were influenced by melodic cues and facial expressions and the effects were undiminished by the secondary task. Experiment 2 involved identical conditions but participants were instructed to base judgements on auditory information alone. Again, facial expressions influenced judgements and the effect was undiminished by the secondary task. The results suggest that visual aspects of music performance are automatically and preattentively registered and integrated with auditory cues. (shrink)

Drawing from ethnographic, empirical, and historical / cultural perspectives, we examine the extent to which visual aspects of music contribute to the communication that takes place between performers and their listeners. First, we introduce a framework for understanding how media and genres shape aural and visual experiences of music. Second, we present case studies of two performances, and describe the relation between visual and aural aspects of performance. Third, we report empirical evidence that visual aspects of performance reliably influence perceptions (...) of musical structure and affective interpretations of music. Finally, we trace new and old media trajectories of aural and visual dimensions of music, and highlight how our conceptions, perceptions and appreciation of music are intertwined with technological innovation and media deployment strategies. (shrink)

The Politics of the Soul: Eric Voegelin on Religious Experience includes eight essays examining one of the most profound studies of religious experience to appear in the last century: that of the political philosopher Eric Voegelin. Voegelin is increasingly recognized as a political theorist of exceptional scope and erudition and the most important philosopher of his time since Toynbee, and his treatment of religious experience is a crucial part of his overall analysis of existence and history. This collection of essays (...) by prominenet Voegelin scholars is the first book to explore the relevance of that analysis to the contemporary understanding of political theory, theology, history, and philosophy of consciousness, and as such it constitutes a significant contribution not only to Voegelin scholarship but to the current quest for theoretical foundations. (shrink)

The ability to predict the actions of other agents is vital for joint action tasks. Recent theory suggests that action prediction relies on an emulator system that permits observers to use information about their own motor dynamics to predict the actions of other agents. If this is the case, then predictions for self-generated actions should be more accurate than predictions for other-generated actions. We tested this hypothesis by employing a self/other synchronization paradigm where prediction accuracy for recording of self-generated movements (...) was compared with prediction accuracy for other-generated movements. As expected, predictions were more accurate when the observer’s movement dynamics matched the movement dynamics of the recording. This is consistent with that idea that the observer’s movement dynamics influence the predictions they generate. (shrink)

A series of essays on the evolution of culture, dealing with topics including the city and consciousness, evolution of the afterlife, literary and mathematical archetypes, machine consciousness and the implications of 9/11, and the invasion of Iraq. The enlarged new edition contains extra essays and brings the author's comments on current affairs up to date with coverage of the election of Barak Obama as US President.

It is a paradox of the work of Artificial Intelligence that in order to grant consciousness to machines, the engineers first labour to subtract it from humans, as they work to foist upon philosophers a caricature of consciousness in the digital switches of weights and gates in neural nets. As the caricature goes into public circulation with the help of the media, it becomes an acceptable counterfeit currency, and the humanistic philosopher of mind soon finds himself replaced by the robotics (...) scientist. This atmospheric inversion from above to below, one in which a sky turns into the smog of a thickened air, happened once before in the world of knowledge, when Comtian positivism inspired a functionalist approach to the study of the sacred. The social scientists first said that in order to study the sacred, one had to study how it functioned in society; then having contributed to the growth of their own academic domain, they more confidently claimed that what humans worshipped with the sacred was, in fact, their own society. There simply was no such thing as God or the sacred, and so Schools of Divinity began to be eclipsed by the elevation of the new towers of the office buildings of the Social Sciences. Indeed, as I turn now away from my computer screen, I can see outside my window the William James Building of Social Relations competing for dominance of the skyline with the Victorian brick Gothic of Harvard's Memorial Hall. This clever move to eliminate the phenomenological reality of human consciousness as a prelude to the growth of a new robotics industry is a very successful scam, for it has helped enormously with the task of fund-raising for costly moon shots, such as the Japanese government's 'Fifth Generation Computer Project' which promised to create an autonomously thinking machine in the 1980s. No one seems to talk much anymore about the failure of this project, but the gurus of A.I. continue to prophesy - as Ray Kurzweil now does - that by 2030, humans will be surpassed by machines in cultural evolution. (shrink)

In his best-selling The Time Falling Bodies Take to Light , William Irwin Thompson intrigued readers with his thoughts on mythology and sexuality. In his newest book, Coming Into Being: Artifacts and Texts in the Evolution of Consciousness , he takes the reader on a journey through the evolution of consciousness from the preverbal communications of early stone carvings, to the writings of Marcel Proust, around the monumental wrappings of Christo and up to the rebirth of interest in (...) the Taoist philosophy of Lao Tzu. Owing as much to the rhythmic constructions of jazz as to established methods of scholarship, Thompson plays a riff on biology and culture seeing the birth of the mind in Proust’s Madeleine, the displacement of humanity in Christo’s wrapping of the Reichstag and, in Lao Tzu’s Tao Te Ching , the path forward to a new planetary culture. In Coming Into Being , William Irwin Thompson presents a fascinating vision of our past, our present, and our future that no one will want to miss. (shrink)

This commentary focuses on four major points: (1) “Tacit knowledge” is not a complete explanation for imagery phenomena, if it is an explanation at all. (2) Similarities and dissimilarities between imagery and perception are entirely consistent with the depictive view. (3) Knowledge about the brain is crucial for settling the debate. (4) It is not clear what sort of theory Pylyshyn advocates.

[opening paragraph]: The city is not simply a location in space, but also a vehicle in time that can itself accelerate the evolution of consciousness. Like molecules packed into the membrane of a cell, the minds that are packed into a city take on a new life that is energized by the city's intensification of space and time. The first cities of ancient Sumer were ceremonial centres organized around the sacred precinct of the temple. Sumerian mythology stated that these cities (...) were founded and lived in by the gods. One of the earliest texts we have in Sumerian mythology is the story of how the goddess Inannna transferred the arts of civilization from the god Enki's favoured city of Eridu to her own beloved Erech. The text is a fundamental expression of the ancient Arithmetic Mentality, as it displays the numinosity of the list and delights in repeating, in strophe after strophe, the enumeration of these me's that were loaded on and unloaded from Inanna's riverine barge. (shrink)

Light effects on the activity of several genes have recently been exploited in studies of plant gene expression. We discuss here some examples involving nuclear genes of higher plants, with emphasis on responses mediated by the phytochrome system. Recent work has revealed considerable diversity in the responses of different genes, indicating that several different regulatory programs are probably involved. A start has been made in studies of nuclear events associated with the changes in expression. Transcriptional regulation almost certainly occurs, although (...) many details remain to be studied and effects on mRNA processing and turnover have not been ruled out. Recent in vitro mutagenesis and gene transfer experiments with the gene for the small subunit of RuBP carboxylase indicate that sequences involved in regulating the level of expression in the light are located 5′ to the gene within about 1 kb of the start of transcription. (shrink)

Tribalism transforms otherwise benefi cent forms of particularity—blood, soil, language, shared memories, cultural specificities, etc.—into forces for destruction, by endowing them with an inappropriate transcendental signifi cance. Ultimately this impedes rather than fosters intercultural likemindedness and communication. This essay explores how some forms of multiculturalism-friendly Christological thought seem to either end up in, or lead to, the very tribalism they likely are seeking to avoid. This kind of multiculturalism is more of a disguised form of monoculturalism. The essay ends with (...) a sketch of three choices: an archaic egalitarian utopianism which ignores religiocultural differences; the moral nihilism of which Nietzsche warned us; and an incarnational historical consciousness which trusts that history itself can teach us the humility, tolerance, need for doctrinal minimalism and contemplative maximalism which nourishes genuine difference in union. (shrink)

The normative relationship between text and sermon is one of mutuality in which the preacher creates an interplay between the agenda of the text and the agenda of the congregation.

How did human vocalizations come to acquire meaning in the evolution of our species? Charles Darwin proposed that language and music originated from a common emotional signal system based on the imitation and modification of sounds in nature. This protolanguage is thought to have diverged into two separate systems, with speech prioritizing referential functionality and music prioritizing emotional functionality. However, there has never been an attempt to empirically evaluate the hypothesis that a single communication system can split into two functionally (...) distinct systems that are characterized by music- and languagelike properties. Here, we demonstrate that when referential and emotional functions are introduced into an artificial communication system, that system will diverge into vocalization forms with speech- and music-like properties, respectively. Participants heard novel vocalizations as part of a learning task. Half referred to physical entities and half functioned to communicate emotional states. Participants then reproduced each sound with the defined communicative intention in mind. Each recorded vocalization was used as the input for another participant in a serial reproduction paradigm, and this procedure was iterated to create 15 chains of five participants each. Referential vocalizations were rated as more speech-like, whereas emotional vocalizations were rated as more music-like, and this association was observed cross-culturally. In addition, a stable separation of the acoustic profiles of referential and emotional vocalizations emerged, with some attributes diverging immediately and others diverging gradually across iterations. The findings align with Darwin’s hypothesis and provide insight into the roles of biological and cultural evolution in the divergence of language and music. (shrink)

Art appreciation often involves contemplation beyond immediate perceptual experience. However, there are challenges to incorporating such processes into a comprehensive theory of art appreciation. Can appreciation be captured in the responses to individual artworks? Can all forms of contemplation be defined? What properties of artworks trigger contemplation? We argue that such questions are fundamental to a psycho-historical framework for the science of art appreciation, and we suggest research that may assist in refining this framework.

J. F. C. Harrison has written that ‘for each age there is a new view of Mr Owen’, which is proof of the fertility and continuing relevance of his ideas. Not just in Britain and America but today around the world anti-poverty campaigners, birth-controllers, collectivists, communitarians, co-operators, ecologists, educationalists, environmentalists, feminists, humanitarians, internationalists, paternalistic capitalists, secularists, campaigners for social justice, trade unionists, urban planners, utopians, welfare reformers can all find something to admire and inspire in the treasure trove that is (...) the thought and actions of Robert Owen. Owen was a creative genius of global significance, a radical writer and activist of international reputation and reach who has inspired those seeking to change human society for the better. The contributors to this volume include not only many of the recognized experts on the life, work and legacy of Owen, but also work from younger scholars or scholars coming to the field afresh. The volume presents the most recent and original research on Owen. Owen notoriously (and impressively) dabbled in many spheres, and this is reflected in the its breadth of content. The unifying themes are Owen’s profile in his own time, and the relevance of his ideas for the generations that followed. His importance for educational and social philosophy, for political economy and for the political theory of socialism are all discussed, as are his contribution as a philanthropic employer, his political activities and the specificities of his historical context. (shrink)

By closely examining the sources, movements, and persons of the Renaissance and the Reformation, Voegelin reveals the roots of today's political ideologies in this fourth volume of his _History of Political Ideas._ This insightful study lays the groundwork for Voegelin's critique of the modern period and is essential to an understanding of his later analysis. Voegelin identifies not one but two distinct beginnings of the movement toward modern political consciousness: the Renaissance and the Reformation. Historically, however, the powerful effects of (...) the second have overshadowed the first. In this book, Voegelin carefully examines both periods and their presence in modern thought. The Renaissance, represented by the works of Niccolò Machiavelli, Desiderius Erasmus, and Thomas More, is characterized by a struggle for balance. Machiavelli and Erasmus both looked to a virtuous prince to achieve order, one calling for brute force and the other for Christian spirituality to reach their goal. Also a participant in the first beginning of modernity, More was a complex thinker identified as a saint both of the church and of the communist movement. The issues he explored in _Utopia,_ as Voegelin demonstrates, indirectly gave rise to concepts that have profoundly affected Western history: colonization, imperialism, national socialism, and communism. Exploring the transition from the Renaissance to the Reformation is a brilliant chapter, "The People of God," which examines the sectarian movement. These pages contain the rich historical background that led to Voegelin's later conclusions about Gnosticism and its modern influences. Voegelin offers a controversial view of the Reformation as well as the political and religious situation directly preceding it. Yet he sheds light on the strengths and inadequacies of its key figures, Martin Luther and John Calvin. The driving force behind the Reformation stemmed solely from the powerful personality of Luther. What began as an abstract, purely technical discussion developed into a full-blown revolt. Later in the period, Calvin confronted the problems left behind by Luther and endeavored to create his own universal church to supplant the Catholic Church. His theory of a new elite would have a distinct impact on history. By examining the political ideas that first emerged during the Renaissance and Reformation, this fascinating volume provides a foundation for understanding the events of centuries to follow. (shrink)

Recent theory suggests that action prediction relies of a motor emulation mechanism that works by mapping observed actions onto the observer action system so that predictions can be generated using that same predictive mechanisms that underlie action control. This suggests that action prediction may be more accurate when there is a more direct mapping between the stimulus and the observer. We tested this hypothesis by comparing prediction accuracy for two stimulus types. A mannequin stimulus which contained information about the effectors (...) used to produce the action and a point stimulus, which contained identical dynamic information but no effector information. Prediction was more accurate for the mannequin stimulus. However, this effect was dependent on the observer having previous experience performing the observed action. This suggests that experienced and na¨ıve observers might generate predictions in qualitatively difference ways, which may relate to the presence of an internal representation of the action laid down through action performance. (shrink)

This book does not contain philosophical arguments, but is rich in material for philosophical reflection. In this small volume Professor Fuller traces the evolution of an idea deriving from the Viennese physician, Franz Anton Mesmer, through nineteenth-century American popular culture. What began with Mesmer as a thoroughly materialistic and antitheological theory of medical healing ended the century in America as a dualistic theory with the New Thought movement emphasizing the spiritual powers of the mind to control matter. How this came (...) about gives us yet another illustration of the capacity of a culture to absorb a new idea, transform it, and use it in the interest of a dominant ideology. (shrink)

Humans can learn complex functional relationships between variables from small amounts of data. In doing so, they draw on prior expectations about the form of these relationships. In three experiments, we show that people learn to adjust these expectations through experience, learning about the likely forms of the functions they will encounter. Previous work has used Gaussian processes—a statistical framework that extends Bayesian nonparametric approaches to regression—to model human function learning. We build on this work, modeling the process of learning (...) to learn functions as a form of hierarchical Bayesian inference about the Gaussian process hyperparameters. (shrink)

Thomas Jefferson and Philosophy: Essays on the Philosophical Cast of Jefferson’s Writings is a collection of essays on topics that relate to philosophical aspects of Jefferson’s thinking over the years. Much historical insight is given to ground the various philosophical strands in Jefferson’s thought and writing on topics such as political philosophy, moral philosophy, slavery, republicanism, wall of separation, liberty, educational philosophy, and architecture.

A growing body of literature critical of ethics review boards has drawn attention to the processes used to determine the ethical merit of research. Citing criticism on the bureaucratic nature of ethics review processes, this literature provides a useful provocation for (re)considering how the ethics review might be enacted. Much of this criticism focuses on how ethics review boards _deliberate,_ with particular attention given to the lack of transparency and opportunities for researcher recourse that characterise ethics review processes. Centered specifically (...) on the conduct of ethics review boards convened within university settings, this paper draws on these inherent criticisms to consider the ways that ethics review boards might enact more communicative and deliberative practices. Outlining a set of principles against which ethics review boards might establish strategies for engaging with researchers and research communities, this paper draws attention to how _Deliberative communication_, _Engagement with researchers_ and the _Distribution of responsibility_ for the ethics review might be enacted in the day-to-day practice of the university human ethics review board. This paper develops these themes via a conceptual lens derived from Habermas’ (The theory of communicative action. Volume 1: Reason and the rationalization of society, 1984 ) articulation of ‘communicative action’ and Fraser’s (Social Text, 25(26), 56–80, 1990 ) consideration of ‘strong publics’ to cast consideration of the role that human ethics review boards might play in supporting university research cultures. _Deliberative communication_, _Engagement with researchers_ and the _Distribution of responsibility_ provide useful conceptual prompts for considering how ethics review boards might undertake their work. (shrink)

Population-level biomedical research offers new opportunities to improve population health, but also raises new challenges to traditional systems of research governance and ethical oversight. Partly in response to these challenges, various models of public involvement in research are being introduced. Yet, the ways in which public involvement should meet governance challenges are not well understood. We conducted a qualitative study with 36 experts and stakeholders using the World Café method to identify key governance challenges and explore how public involvement can (...) meet these challenges. This brief report discusses four cross-cutting themes from the study: the need to move beyond individual consent; issues in benefit and data sharing; the challenge of delineating and understanding publics; and the goal of clarifying justifications for public involvement. The report aims to provide a starting point for making sense of the relationship between public involvement and the governance of population-level biomedical research, showing connections, potential solutions and issues arising at their intersection. We suggest that, in population-level biomedical research, there is a pressing need for a shift away from conventional governance frameworks focused on the individual and towards a focus on collectives, as well as to foreground ethical issues around social justice and develop ways to address cultural diversity, value pluralism and competing stakeholder interests. There are many unresolved questions around how this shift could be realised, but these unresolved questions should form the basis for developing justificatory accounts and frameworks for suitable collective models of public involvement in population-level biomedical research governance. (shrink)

Designer Biology: The Ethics of Intensively Engineering Biological and Ecological Systems consists of thirteen chapters that address the ethical issues raised by technological intervention and design across a broad range of biological and ecological systems. Among the technologies addressed are geoengineering, human enhancement, sex selection, genetic modification, and synthetic biology.

Among human and non-human animals, the ability to respond rapidly to biologically significant events in the environment is essential for survival and development. Research has confirmed that human adult listeners respond emotionally to environmental sounds by relying on the same acoustic cues that signal emotionality in speech prosody and music. However, it is unknown whether young children also respond emotionally to environmental sounds. Here, we report that changes in pitch, rate (i.e. playback speed), and intensity (i.e. amplitude) of environmental sounds (...) trigger emotional responses in 3- to 6-year-old American and Chinese children, including four sound types: sounds of human actions, animal calls, machinery, and natural phenomena such as wind and waves. Children’s responses did not differ across the four types of sounds used but developed with age – a finding observed in both American and Chinese children. Thus, the ability to respond emotionally to non-linguistic, non-music environmental sounds is evident at three years of age – an age when the ability to decode emotional prosody in language and music emerges. We argue that general mechanisms that support emotional prosody decoding are engaged by all sounds, as reflected in emotional responses to non-linguistic acoustic input such as music and environmental sounds. (shrink)

The ancient practice of chanting typically takes place within a community as a part of a live ceremony or ritual. Research suggests that chanting leads to improved mood, reduced stress, and increased wellbeing. During the global pandemic, many chanting practices were moved online in order to adhere to social distancing recommendations. However, it is unclear whether the benefits of live chanting occur when practiced in an online format. The present study assessed the effects of a 10-min online chanting session on (...) stress, mood, and connectedness, carried out either in a group or individually. The study employed a 2 (chanting vs. control) × 2 (group vs. individual) between-subjects design. Participants (N= 117) were pseudo-randomly allocated across the four conditions. Before and after participation, individuals completed the Spielberg’s State Trait Anxiety Inventory, the Positive and Negative Affect Schedule, the Social Connectedness Scale and Aron’s Inclusion of Self in Other Scale. Online chanting led to a significant reduction in stress and an increase in positive affect when compared to the online control task. Participants who took part in group chanting also felt more connected to members of their chanting group than participants in the control group. However, feelings of general connectedness to all people remained similar across conditions. The investigation provides evidence that online chanting may be a useful psychosocial intervention, whether practiced individually or in a group. (shrink)

Agricultural diversification in the Midwestern Corn Belt has the potential to improve socioeconomic and environmental outcomes by buffering farmers from environmental and economic shocks and improving soil, water, and air quality. However, complex barriers related to agricultural markets, individual behavior, social norms, and government policy constrain diversification in this region. This study examines farmer perspectives regarding the challenges and opportunities for both corn and soybean production and agricultural diversification strategies. We analyze data from 20 focus groups with 100 participants conducted (...) in Indiana, Illinois, and Iowa through a combined inductive and deductive approach, drawing upon interpretive grounded theory. Our results suggest that when identifying challenges and opportunities, participants center economics and market considerations, particularly income, productivity, and market access. These themes are emphasized both as benefits of the current corn-soybean system, as well as challenges for diversification. Additionally, logistical, resource and behavioral hurdles– including the comparative difficulty and time required to diversify, and constraints in accessing land, labor, and technical support– are emphasized by participants as key barriers to diversification. Agricultural policies shape these challenges, enhancing the comparative advantage and decreasing the risk of producing corn and soybeans as compared to diversified products. Meanwhile, alternative marketing arrangements, farmer networks, family relationships, and improved soil health are highlighted as important opportunities for diversification. We contextualize our findings within the theories of reasoned action and diffusion of innovation, and explore their implications for farmer engagement, markets, and agricultural policy, and the development of additional resources for business and technical support. (shrink)

Summary This article re-examines the political thought of the neglected Fabian essayist and radical journalist William Clarke. Historians have differed over the relative importance of socialism and liberalism in Clarke's political thought. The argument is made here that the key to Clarke's thought lies in his moralised conception of democracy, rooted in his monist ontology. The further deepening of democracy was threatened for Clarke by developments in monopolistic capitalism and the related emergence of a new imperialism. Clarke's understanding of (...) democracy, rather than more overtly economic considerations, lies at the heart of his political religion, and links his views on domestic and foreign affairs. As befits a philosophical monist, his political thought reveals the limitations of established dichotomies for grasping the character of progressivism in late nineteenth and early twentieth century Britain. (shrink)

This book explores historical and current discussions of the relevance of evolutionary theory to ethics. The historical section conveys the intellectual struggle that took place within the framework of Darwinism from its inception up to the work of G. C. Williams, W. D. Hamilton, R. D. Alexander, A. L. Trivers, E. O. Wilson, R. Dawkins, and others. The contemporary section discusses ethics within the framework of evolutionary theory as enriched by the works of biologists such as those mentioned above. The (...) issue of whether ethical practice and ethical theory can be grounded in the theory of evolution has taken a new and significant direction within the context of sociobiology and is proving to be a challenge to previous thinking. This book conveys that challenge. (shrink)

Taming the power of Wall Street was a principal campaign theme for Franklin Delano Roosevelt in the 1932 election. Roosevelt's election bore fruit in the Securities Act of 1933, which regulated the public offering of securities, the Securities Exchange Act of 1934, which regulated stock markets and the securities traded in those markets, and the Public Utility Holding Company Act of 1935 (PUHCA), which legislated a wholesale reorganization of the utility industry. The reform effort was spearheaded by the newly created (...) Securities and Exchange Commission, part of the new wave of experts brought to Washington to rein in business. PUHCA also marked the federal government's first significant incursion into corporate governance, with a corresponding reduction in the traditional role of investment bankers. The SEC's ascendance over the investment bankers was reinforced during FDR's second term by the Chandler Act of 1938, which provided the agency with a broad role in the bankruptcy reorganization of troubled companies.Enacting those statutes was only the beginning, as the scope and effectiveness of the SEC's regulatory efforts depended critically on navigating these new statutes past an initially hostile Supreme Court. After substantial delay in the lower courts, the securities statutes eventually got a friendly hearing in the Supreme Court, where a number of Justices came to the Court after serving as the "Founding Fathers" of the federal securities laws. Roosevelt's Supreme Court nominees were involved in drafting the new legislation, securing its passage in Congress and implementing a litigation strategy that successfully stalled final determination of the constitutionality of the securities laws until New Deal appointed justices were in place. Felix Frankfurter played an important role in shaping the Securities Act and PUHCA, and was a key advisor on litigation strategy to the Roosevelt administration. Hugo Black led the legislative battle to enact PUHCA against the utility companies. Stanley Reed and Robert Jackson were key courtroom advocates arguing PUHCA's constitutionality. William O. Douglas headed the study of Protective Committees that led to the Chandler Act and was Chairman of the SEC. In this article, we explore the role of the New Deal justices in enacting the securities laws, litigating the challenges brought against them and then interpreting these laws in securities cases before the Supreme Court. We show the important role that these New Deal justices played in ensuring a broad scope for the federal securities laws through generous interpretation. Once constitutional questions had faded, securities cases proved to be a critical testing ground for newly emerging theories of administrative law. We demonstrate the split over the importance of judicial review versus deference to the rule of experts that emerged among these Roosevelt appointees. Finally, we explore the relative lack of influence of Douglas and Frankfurter in these cases, despite their familiarity and experience with the securities laws. (shrink)

Reviews the book, The death of desire. A study in psychopathology by M. Guy Thompson. Thompson has written an amiable book, filled with the spirit of ecumenism. A practising clinical psychologist, his thesis is that desire is the "foundation of the human subject," that it is "located in the heart of the unconscious," that, if once "situated in phenomenology," this unconscious can reveal "the nature of intersubjective relations." Accordingly, pathological phenomena would be attributable to the deadening of this (...) desire—hence, the book's title. Thompson clearly intends a dialogue between phenomenology and psychoanalysis. The result is an attempt at synthesis that takes R. D. Laing on the one hand and Jacques Lacan on the other—two rather strange bedfellows—as his chief sources of inspiration. Taken as a whole, this book's reach outstretches its grasp. It really does not offer a cogent, coherent synthesis of phenomenology and psychoanalysis but seems rather to offer a congenial amalgam of the many insights experienced by a highly intelligent, versatile and sensitive man during the long, fecund years of his training. As such it is endlessly stimulating, if never quite convincing, and offers singular promise for the future work of its author. 2012 APA, all rights reserved). (shrink)