ArgumentThis article argues that in order to discern the place of science in the epistemology of Chinese common readers, it is critical to look beyond the coastal enclaves where foreign missionaries and experts interacted with Chinese scholars and officials, beyond the translated treatises they produced, and even beyond the various forms of new media that attempted to more widely disseminate the principles of Western science. Instead, it asserts the need to engage a different register of materials that were less directly (...) tied to foreign expertise, more directly in line with pre-existing lineages of printed materials, and at the same time, integral to early-twentieth-century Chinese circuits of information. The article focuses explicitly on one print phenomena that has been completely overlooked in the scholarship to date, the expansion and revitalization of the genre of texts known aswanbao quanshu萬寶全書 (comprehensive compendia of myriad treasures) in the late Qing (1890-1911) and early Republic (1912-1930). (shrink)

On September 18, 1995, the U.S. Court of Appeals for the Seventh Circuit handed down a decision in Blue Cross & Blue Shield United of Wisconsin v. Marshfield Clinic ) that sets two important precedents regarding the status of health maintenance organizations under antitrust law. Chief Judge Posner, writing for the court, concluded that HMOs do not constitute a market separate from the general market for medical services and that agreements, between HMOs in a region, to operate in separate (...) areas constitute a prohibited form of market splitting.This case primarily involves two HMOs in north central Wisconsin: one a subsidiary of Blue Cross, the other a subsidiary of the Marshfield Clinic. The Blue Cross HMO claimed that the Marshfield HMO had an illegal monopoly in the region's HMO market and therefore violated the Sherman Act ). (shrink)

The dominant social scientific approach to studying judicial behavior treats judges as strategic actors pursuing their political preferences under institutional constraint. The intellectual roots of this rational choice approach are in American law’s long but sporadic engagement with pragmatist ideas. This article challenges that approach: a fully pragmatist account of judicial action provides a better description of the intellectual and social work of judging, and better explains how judges reach a decision in difficult cases that most affect the (...) development of law and its relationship to society. The article argues that the foundational intellectual problem for appellate judges is how to define the legal questions presented in a case. Definitions of legal questions arise from the interplay of habitual and creative action in the local social context of an appeals court. Professional and local interpretive habits and legal forms ordinarily do a great deal to define the key questions, which are not strictly determined when a case comes before a court. Unscripted small group interactions at oral arguments also figure in question definition; oral arguments are most important in the rare but legally important cases where habitual practices alone are insufficient to delimit the legal question judges must answer. Supported by extensive interviews with federal appeals judges and clerks, the article illustrates judges’ creative, interactional efforts to define an answerable question in a major asylum case decided in the Seventh Circuit Court of Appeals. Building from this case, the article describes the factors that shape judicial question definition, and describes the conditions when creative judicial action is likely to be most prominent. (shrink)

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead (...) not responsible by reason of mental disease or defect under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment. (shrink)

The United States Court of Appeals for the First Circuit recently upheld a United States District Court for the District of Maine Judge's decision to dismiss a Maine plaintiff's medical malpractice claim against a Massachusetts hospital defendant for want of personal jurisdiction over the hospital. The Court of Appeals found it unreasonable to hale hospitals into an out-of-state court merely because they accept out-of-state patients.Plaintiff Danielle Harlow is a Maine resident who suffered a stroke at the age of six (...) while undergoing a medical procedure at Children's Hospital of Boston, Massachusetts. The stroke, allegedly caused by the Hospital's negligence, led to brain damage resulting in partial paralysis and cognitive and behavioral impairments. The procedure was supposed to treat Harlow's rapid heartbeat, a condition related to her Wolff-Parkinson-White Syndrome. Harlow's pediatrician in Maine recommended that she visit Children's Hospital in Boston to treat her arrhythmia. (shrink)

The Bazelon Center for Mental Health Law, founded as the Mental Health Law Project by a group of attorneys and mental health professionals, has been a major advocacy force promoting the civil rights of persons with mental disabilities since the 1972 New York Willowbrook litigation.Named for D. C. Circuit Court of Appeals Judge David L. Bazelon, whose opinions first articulated the principles that the mentally disabled have a right to treatment in the least restrictive alternative setting, the Center has (...) actively pursued greater rights for the mentally disabled in housing, education, and federal entitlements such as Medicaid, as well as in treatment-related issues. (shrink)

The experience of musical surprise is explained by psychologists in terms of the thwarting of prior musical expectations. The assumption that surprise is always caused by expectations is widespread not just in psychology at large, but also in philosophy. I argue here that this assumption is ill-founded. Many musical surprises, as well as many non-musical instances of perceptual surprise, can be explained by the falsification of assessments of the present, rendering the appeal to expectations unnecessary. I elaborate the positive view (...) before considering objections, and offering replies. (shrink)

In arbitrating between representational and relational theories of perception, perceptual illusions—cases in which a subject’s perceptual experience diverges from the way the world really is—constitute an important battleground. The debate has, however, been dominated by discussions of visual perception. In attempting to extend the debate to audition, it is appropriate to start by considering what is thought to be a key case of auditory illusion. I consider the phenomenon of the ‘missing fundamental’, as well as examining a notion that is (...) often deployed by representationalists to explain it—namely, perceptual inference. Though it is frequently deployed as an explanatory concept by inferentialists, the notion of perceptual inference is somewhat opaque. Here, I formulate a ‘job description’ for perceptual inference, involving rule-following. I then identify two sets of cases that commonly prompt the invocation of perceptual inference: namely, cases of perceptual illusion, and cases of veridical perception where the perceptual content outstrips the information present in the stimulus. I then argue that an appeal to perceptual inference is unnecessary, in the case of the missing fundamental, for two reasons. Firstly, the missing fundamental is not, after all, a clear candidate for the ascription of inferential capacity to the auditory system: it is neither an illusion, nor is it the case that the stimulus is crucially impoverished. That is, it submits to a ‘direct’ explanation. Secondly, given the adequacy of a simpler explanation, and the difficulty between distinguishing between real rule-following and the mere appearance of it, I argue that we should avoid ascribing inferential capacity to the auditory system. I close by considering objections, and offering replies. (shrink)

Sex differences in behavior are most interesting when they are the result of inherent differences in the operational rules motivating behavior and not merely a reflection of differing life history experiences. American men and women exhibit a few differences in testamentary patterns of property allocation that appear to be due to inherently different rules of allocation. Even when analyses control for resources and surviving kin configurations, women distribute their property among a greater number of individual beneficiaries than do men. The (...) most striking differences in property allocation between men and women occur within the nuclear family and reflect differences in reproductive life span and the resulting reproductive conflicts between spouses that can endure beyond death. (shrink)

Almost every facet of the experience of musical listening—from pitch, to rhythm, to the experience of emotion—is thought to be shaped by the meeting and thwarting of expectations. But it is unclear what kind of mental states these expectations are, what their format is, and whether they are conscious or unconscious. Here, we distinguish between different modes of musical listening, arguing that expectations play different roles in each, and we point to the need for increased collaboration between music psychologists and (...) philosophers in order to arrive at a more detailed characterisation of conscious musical experience and the role of expectations therein. (shrink)

This book is meant for sincere students, and especially for those who have some glimmering of what Krishna meant, when in Bhagavad-Gita, he said that after a while spiritual knowledge grows up within and illuminates with its rays all subjects and objects.

This article investigates the scope of a firm's enterprise strategy which is defined as the range of stakeholder satisfaction realized by a firm at a particular point in time. We found that prior profitability and several of the firm's grand strategies were correlated with enterprise strategy scope. Furthermore, environmental munificence was found to have a curvilinear relationship with enterprise strategy. Overall, this study refined and extended our understanding of enterprise strategy and stakeholder management.

This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and intellectual properties and allocating rights and responsibilities based on the respective property sphere. It introduces a theoretical Hohfeldian framework, in which the grant of a positive limited-term monopoly right entails a corresponding (...) duty, to establish intellectual property law as a source of internal limits on intellectual property rights. The article is a prolegomena to a detailed matrix of those rights and duties within intellectual property law. This matrix could support patentee duties that go beyond public disclosure of the invention and could establish patent law as an alternative legal framework to tort law to address harms caused by inventions. (shrink)

At the intersection of religion and sexuality, this article explores how lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people navigate dynamics of inclusion and exclusion within faith-based settings. Situated in a postcolonial setting, and with a specific focus on South Africa, the article delineates the oppressive dynamics at work at this intersection, along with how these are resisted through contemporary forms of activism. Grounded in a feminist analysis of relevant literature and of the field of activism in question, and (...) supplemented by interviews with key informants, the research offers a conceptual framework to advance transformative inclusion for LGBTIQ people within, and against, the dominant institutions, discourses and practices of faith.Contribution: This article contributes to the field of scholarship that concerns activism on sexual and gender rights in faith-based settings. It straddles theory and practice, offering an epistemological grounding for political action that advances the rights of LGBTIQ people. In bringing practitioner insights into academic discourse, the article adds to the burgeoning academic enquiry in this area, and offers a conceptual approach for supporting existing and new initiatives against marginalisation, exclusion and violence at the hands of faith. (shrink)

A series of lectures given... at King's College, London, in 1958.

A historical survey of the inheritance practices of farming families in North America and elsewhere indicates that resource allocations among children differed through time and space with regard to sex bias and equality. Tensions between provisioning all children and maintaining a productive economic entity (the farm) were resolved in various ways, depending on population pressures, the family’s relative resource level, and the number and sex of children.Against a backdrop of generalized son preference, parents responded to ecological circumstances by investing in (...) offspring differentially within and between the sexes. Vesting the preponderance of family resources in one heir increased the likelihood of at least one line surviving across several generations, whereas varying degrees of parental investment in emigrating sons or out-marrying daughters might yield boom or bust harvests of grandchildren according to circumstances in more remote locales. Primogeniture (eldest son as primary heir) allowed early identification of heirs and appropriate socialization, as well as more time for parents to contribute to the heir’s reproductive success. Son bias and unigeniture decreased as numbers of children per family declined, as land became less critical to economic success, and as legal changes improved the resource-holding potential of females. We suggest that changing ecological conditions affected parental decisions regarding resource allocation among children at least as much as did changing ideologies of parent-child relations. (shrink)

Recently adopted international texts have given a new focus on conflicts of interests and access to information resulting from biomedical research. They confirmed ethical review committees as a central point to guarantee individual rights and the effective application of ethical principles. Therefore specific attention should be paid in giving such committees all the facilities necessary to keep them independent and qualified.

This paper explores the relationship between environmental scarcity, organization size, and board composition with measures of financial and social performance. All three correlates were found to be related to both measures of performance and the hypotheses were largely supported. Anomalous relationships, however, were found between organizational size and social performance as well as outsider representation and financial performance. This study demonstrates that normative explorations focusing only on financial performance can lead to misleading conclusions about organizational effectiveness.