While corporate fiduciary duties in many jurisdictions are generally understood to be owed to shareholders, recent Canadian Supreme Court cases have held that directors owe their duties to the corporation, period, not to shareholders or any other stakeholders. This development has introduced significant indeterminacy to the law since it is not clear what such a conception of the duty requires. The Supreme Court did, however, make one clear statement: it held that directors owe a fiduciary duty to ensure that their (...) corporations obey statutory law. Such a duty encourages compliance with law, but may over-encourage compliance: individual directors do not necessarily gain personally from legal breaches, but may lose personally from them because of fiduciary liability, so they will have excessively strong incentives to avoid such breaches. The Article connects the fiduciary duty to obey law with recent developments in financial regulation that have increased the obligations on directors of financial institutions to oversee risk. By requiring directors to be engaged with risk at a governance level, regulators have enhanced the probability that directors will face liability under their fiduciary duties if their institutions do not comply with financial regulations. As the Article explains, the policy tradeoff between enhanced compliance benefits and over-compliance costs of fiduciary liability is different in the context of financial regulation from that in other settings. For example, significant corporate penalties, as opposed to penalties borne by individual directors, may be inconsistent with the prudential goals of regulation, perhaps because of toobig- to-fail concerns. The fiduciary duty to cause the corporation to obey financial regulation, and a stricter application of this duty than the highly deferential standard that exists in Delaware law, has advantages that do not exist in other legal and regulatory contexts. (shrink)

The traditional separation of philosophy, psychiatry, and neuroscience into distinct academic disciplines has led to several discrete approaches to the mind. In an in-depth discussion of major theories from all of these, and related, disciplines, the author progressively reveals fundamental links between these previously unconnected approaches to human thought and experience. The result is a single, unified theory, perhaps the first to integrate all these fields of thought.

I attempt to clarify the connection between two late texts by V.S. Solov'ëv: Justification of the Good and Theoretical Philosophy. Solov'ëv drew attention to the intrinsic connection between moral and intellectual virtues. Theoretical Philosophy is the initial -- unfinished -- sketch of the dynamism of mind seeking truth as a good. I sketch several parallels and analogies between the doctrine of moral experience set out in Justification and the account of the intellect's dynamism based on immediate certitude set out in (...) Theoretical Philosophy. Solov'ëv can thus be considered as a ‘virtue epistemologist’ in the current meaning given to this description. I conclude by suggesting that Solov'ëv's position on these questions does not easily cohere with the ‘impersonalism’ he appears to defend in Theoretical Philosophy. (shrink)

One of the most ingenious arguments in all of Attic oratory is to be found in the speech Lysias wrote for Euphiletus to deliver at his trial for the murder of Eratosthenes . In his speech Euphiletus first describes to the court how his wife was seduced by Eratosthenes, then recounts how he discovered the affair, caught the adulterer in the act, and, despite an offer to pay compensation, slew him. Euphiletus defends his action by citing the law of the (...) Areopagus that whoever kills an adulterer caught in flagranti with his wife cannot be convicted of murder. Euphiletus further points out that the same exemption applies to the man who catches someone seducing his pallakē. If the lawgiver regarded the seduction of a pallakē as so serious that it merited the death penalty, Euphiletus argues, he must have regarded the seduction of a wife as even more reprehensible, deserving a penalty worse than death. (shrink)

This article investigates the nature of Aristotelian syllogistics and shows that the categorical syllogism is fundamentally about showing the connection, in the premises of the syllogism, between the major and minor terms as stated in the conclusion. It discusses how this is important for the use of the syllogism in scientific demonstration. The article then examines modern deductive logic with an eye to they way in which it contrasts with Aristotelian syllogistics. It shows howmodern logic is about making necessary connections (...) between each proposition by means of external or second order rules. In the syllogism, on the other hand, the necessity between the premises as a whole unit and the conclusion is based on the internal middle term. The article concludes with a discussion of Günther Patzig’s claim that Aristotelian syllogisms are best thought of as tautological propositions. If this were the case, then the differences asserted to exist between syllogistic and modern logic would not hold. However, it is shown that Patzig’s assimilation of syllogistics to modern deductive logic is illegitimate. (shrink)

Any cognitive orientation toward nature is interconnected with how the metaphysical structure of nature itself is understood. In the Aristotelian tradition, the primary unit of being is considered to be the substantial form, which constitutes the being and essence of entities. In the mechanistic tradition, the primary units are considered to be minute particles out of which larger entities are constructed. Correspondingly, Aristotelian scientific methodology seeks to gain insight into the substantial forms through a study of the outer properties of (...) entities. This is accomplished in demonstration. On the other hand, scientific methodology inthe mechanist tradition seeks to reduce entities to their smallest particles in order to determine how properties are produced through the interaction of such particles. This paper shows how, through certain transformations in Aristotelian techne, mechanistic metaphysics arose with its attendant methodological stance of seeking an operational knowledge of nature. (shrink)

These two texts are fundamental for the understanding not only of Neoplatonism but also of the conventions of biography in late antiquity. Neither has received such extensive annotation before in English, and this new commentary makes full use of recent scholarship. The long introduction is intended both as a beginner’s guide to Neoplatonism and as a survey of ancient biographical writing.

On the basis of his acquaintance with theoretical elementary particle physics, and following the lead of Thomas Torrance, John Polkinghorne maintains that the data upon which a science is based, and the method by which it treats those data, must respect the idiosyncratic nature of the object with which the science is concerned. Polkinghorne calls this the "accommodation" (or "conformity") of a discipline to its object. The question then arises: What should we expect religious experience and theological method to be (...) like if they are accommodated to the idiosyncratic nature of God? Polkinghorne's methodological program is typical of postcritical positions in the theology-science dialogue in holding that the fiduciary element in theological method is simply a species of the fiduciary element that is a de facto part of all knowing—in other words, theological method does not differ in fundamental kind from the methods of the natural sciences. But this program may contain the seeds of an alienation of theological method from the transcendence of God similar to the double self-alienation of theology described by Michael Buckley in At the Origins of Modern Atheism. I contend that something like Bernard Lonergan's position on how the method of faith seeking understanding is related to the methods of the natural sciences is exactly the sort of thing that one should expect on the supposition of Polkinghorne's principle of accommodation, at least if the God who is the object of theological science is transcendent. The way in which the divine differs from all other objects ought to be disclosed or reflected in religious experience and theological method. Polkinghorne charts the course for an accommodated theology, but it seems to be Lonergan who is more intent on following it. (shrink)

Many students view archaeological theory as a subject distinct from field research. This division is reinforced by the way theory is taught, often in stand-alone courses that focus more on logic and reasoning than on the application of ideas to fieldwork. Divorcing thought from action does not convey how archaeologists go about understanding the past. This book bridges the gap between theory and practice by looking in detail at how the authors and their colleagues used theory to interpret what they (...) found while conducting research in northwest Honduras. This is not a linear narrative. Rather, the book highlights the open-ended nature of archaeological investigations in which theories guide research whose findings may challenge these initial interpretations and lead in unexpected directions. Pursuing those novel investigations requires new theories that are themselves subject to refutation by newly gathered data. The central case study is the writers' work in Honduras. The interrelations of fieldwork, data, theory, and interpretation are also illustrated with two long-running archaeological debates, the emergence of inequality in southern Mesopotamia and inferring the ancient meanings of Stonehenge. The book is of special interest to undergraduate Anthropology/Archaeology majors and first- and second-year graduate students, along with anyone interested in how archaeologists convert the static materials we find into dynamic histories of long-vanished people. The interrelations of fieldwork, data, theory, and interpretation are also illustrated with two long-running archaeological debates, the emergence of inequality in southern Mesopotamia and inferring the ancient meanings of Stonehenge. The book is of special interest to undergraduate Anthropology/Archaeology majors and first- and second-year graduate students, along with anyone interested in how archaeologists convert the static materials we find into dynamic histories of long-vanished people. (shrink)

Clarke and Beck suggest that the ratio processing system may be a component of the approximate number system, which they suggest represents rational numbers. We argue that available evidence is inconsistent with their account and advocate for a two-systems view. This implies that there may be many access points for numerical cognition – and that privileging the ANS may be a mistake.

I attempt to clarify the connection between two late texts by V.S. Solov''ëv: Justification of the Good and Theoretical Philosophy. Solov''ëv drew attention to the intrinsic connection between moral and intellectual virtues. Theoretical Philosophy is the initial -- unfinished -- sketch of the dynamism of mind seeking truth as a good. I sketch several parallels and analogies between the doctrine of moral experience set out in Justification and the account of the intellect''s dynamism based on immediate certitude set out in (...) Theoretical Philosophy. Solov''ëv can thus be considered as a virtue epistemologist in the current meaning given to this description. I conclude by suggesting that Solov''ëv''s position on these questions does not easily cohere with the impersonalism he appears to defend in Theoretical Philosophy. (shrink)

Late in life, Józef Maria Bocheński set out to examine the age-old preoccupation with the question “how to live as well and as long as possible?” A traditional answer has been, “live wisely.” In his Handbook of Worldly Wisdom (2020), Bocheński analyzes this answer arguing that, conceptually, living wisely is distinct from obeying moral commandments, prescribing ethical rules, and recognizing authority (e.g., piety, free submission to divine authority). He claims that ethics consists solely in what moral philosophers label as “metaethics” (...) — a theoretical discipline interested in the conceptual status of moral discourse qua discourse. However, Bocheński remains silent about a substantive ethics — that is, how a life led one way or another subscribes to some guiding value-set. As regards wisdom, therefore, the consequence of this position is that Bocheński’s account is ethically neutral. I argue that such a position entails a tension and dichotomy between, on the one hand, prudential rationality concerned with getting on in the moment — that is, wisdom — and, on the other hand, unconditional moral commandments. For his part, Bocheński does not recommend living according to wisdom’s precepts as he analyses them; his own path through life, he tells us, has been a commitment to Christian values, piety abetted by observance of moral commandments, a perspective that, I submit, is not ethically neutral: on the contrary, it entails thick, substantive value-choice. Bocheński’s avowal suggests a second dichotomy and tension, that between the worldly conduct of life, with moderate acknowledgment of moral principles, and an extra-worldly perspective (the “folly of the Cross”). Bocheński does not attempt to resolve either dichotomy, to seek a possible point of their convergence and integration, for instance by inquiring into moral psychology (i.e., the construction of self, the nature of the will, etc.). I believe that this set of views stems from conclusions Bocheński reached in advance of producing the Handbook that bear on, first, how philosophy should be conducted — as logical analysis hostile to grandiloquent speculation and synthesis (“worldviews”); and second, his utter dismissal as nefarious of anthropocentric views. Indeed, Bocheński asserts, without a blush, that almost everything “we” have come to believe about ourselves is superstition writ large. I trace what I consider to be difficulties with Bocheński’s account of wisdom — in relation to his take on morality, (meta-)ethics, and piety — to these idiosyncratic views. (shrink)

In Athens during the late Classical and Hellenistic periods, it was customary for a man who was borrowing a large sum of money to pledge some property as security for the repayment of his loan. To show that this property was legally encumbered, a flat slab of stone, called a horos, was set up, and an inscription, indicating the nature of the lien on the property, was inscribed on the horos. These horoi served to warn third parties that the man (...) who pledged the property as security was not free to sell it or otherwise alienate it until the loan was repaid. The terminology which is used on these horoi to indicate that the property has been pledged as security varies. On a relatively small number of horoi, only seven, the property is described as ‘lying under ’ for a debt, the amount of which may or may not be specified. The texts found on a far greater number of horoi, some 128 in all, use a different type of expression. On these horoi, the property is said to have been ‘sold on condition of release’ . The terminology used on the horoi to describe this kind of lien presents a striking contrast with that employed by the Attic orators: in their speeches we find the verbs ποκεσθαι and ποτιθναι when it is a question of pledging security for a loan, but never ππρασθαι with the addition of the prepositional phrase π λσει. (shrink)

(1) The induced colours led to perceptual grouping and pop-out, (2) a grapheme rendered invisible through ‘crowding’ or lateral masking induced synaesthetic colours — a form of blindsight — and (3) peripherally presented graphemes did not induce colours even when they were clearly visible. Taken collectively, these and other experiments prove conclusively that synaesthesia is a genuine percep- tual phenomenon, not an effect based on memory associations from childhood or on vague metaphorical speech. We identify different subtypes of number–colour synaesthesia (...) and propose that they are caused by hyperconnectivity between col- our and number areas at different stages in processing; lower synaesthetes may have cross-wiring (or cross-activation) within the fusiform gyrus, whereas higher synaesthetes may have cross-activation in the angular gyrus. This hyperconnec- tivity might be caused by a genetic mutation that causes defective pruning of con- nections between brain maps. The mutation may further be expressed selectively (due to transcription factors) in the fusiform or angular gyri, and this may explain the existence of different forms of synaesthesia. If expressed very diffusely, there may be extensive cross-wiring between brain regions that represent abstract concepts, which would explain the link between creativity, metaphor and synaesthesia (and the higher incidence of synaesthesia among artists and poets). Also, hyperconnectivity between the sensory cortex and amygdala would explain the heightened aversion synaesthetes experience when seeing numbers printed in the ‘wrong’ colour. Lastly, kindling (induced hyperconnectivity in the temporal lobes of temporal lobe epilepsy [TLE] patients) may explain the purported higher incidence of synaesthesia in these patients. We conclude with a synaesthesia-based theory. (shrink)

The author examines, historically and theoretically, issues related to the state and current tendencies of post-Soviet Russian philosophy. The accent falls on the meta-philosophical question, what is philosophy?, or as the Russians often say, what is philosophizing?. In the Russian case, this question has presently to be handled in a cultural context ridden with a sense of discontinuity following the Soviet collapse. The author sketches some concepts intended to shed light on the nature of the relation between a philosophical culture (...) and the wider socio-cultural context in which it is embedded. The model is applied to the case of post-Soviet philosophy in order to see if and to what extent the logic of Soviet philosophizing and its place in the Soviet socio-cultural order has affected current philosophical tendencies in Russia, above all at the meta-philosophical level. The author concludes with a summary and commentary of the views of A.S. Akhiezer. (shrink)

With the dismantling of Marxist-Leninist ideology, fresh inspiration has been discernible in recent Soviet philosophy. This article argues that a major area of concern is the nature of the human being, a theme formerly dominated by the "social" conceptions inscribed into official historical materialism. Soviet philosophers are examining such categories as culture, spirit, consciousness, and personality with an eye to their common characteristics. For many, the latter is grounded in the nature of the person, the specificity of which lies in (...) a morally qualified unity of action, sentiment, and reason. The author brings together evidence for this thesis and discusses the arguments of the Soviet philosophers with an eye to their conceptual resources and models. (shrink)