Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not (...) reflect our individual moral constitutions — our values, virtues, vices, the set of reasons we reject and the set of reasons we endorse — we are not justified in regulating contracts reluctantly. Contracts are entitled to the privilege of liberal regulatory deference only to the extent that they are the work product of individual autonomy. The assumption that contract is voluntary does enormous work in most normative theories of contract. This Article takes still more seriously the obstacles to autonomous choice that contracting parties face. The most important constraints are not in contract law itself but in the material and moral imperatives that dictate parties’ contracting preferences. Many contracts are driven by circumstantial considerations or actual background obligations. While these contracts are not wholly lacking in the element of voluntariness, we should distinguish them from those choices — and those contracts — which more fully realize our potential to self-consciously author our relations with others. Autonomous choice in contract requires more than Dagan and Heller imply, and it is likely beyond the power of contract law standing alone to deliver it. (shrink)

There is something missing in existing discussions of domination. While republican theory, antisubordination theory, and critical legal theory each have contributed significantly to our understanding of domination, their focus on structural relationships and group subordination can leave out of focus the individual wrongs that make up domination, each of which is an unjustified exercise of power by one person over another. Private law (supported by private law theory) plays an important role in filling out our pictures of domination and the (...) role of the state in limiting it. Private law allows us to recognize domination in wrongs by one person against another, and it has the potential to articulate the state-enforced boundaries on domination as well as a framework for thinking through inevitable compromises between the aspiration to nondomination and other basic interests of a liberal state. We can understand employment law as continuous with private law, that is, attempting to vindicate a nondomination principle in the context of employment by regulating specific acts of employers. Alternatively, we might understand employment relationships to define group membership, commonly recognized along class lines. In that case, employment law is not about individual nondomination but about mitigating class subordination. It might do this in service of the antisubordination principle, or in order to ensure that employees are capable and ready to exercise the responsibilities of democratic citizenship. While these various purposes largely coincide, there are points of normative divergence which sometimes require that we prioritize one or other function of employment law over the others. (shrink)

The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the principle of autonomy; contracting parties’ intent to assume legal obligation is in principle necessary and sufficient for its enforcement. Perfect theories do not view contract as self-justifying (...) but regard the process of agreement as reliable evidence that contracts are welfare-improving. This article demonstrates the limitations of pure and perfect views. It favours instead imperfect theories of contract, which would have judges self-consciously pursue the normative ends of contract law as they apply context-sensitive rules. (shrink)

Kant's system of Transcendental Idealism may be regarded, in the contemporary philosophical perspective, as concerned with the problem whether any linguistic or conceptual system can be regarded as adequately explained in terms of the facts which the system organises. ‘ Transcendental ’ may be understood as what is ‘ non-reducible ’. Kant seems to hold that a linguistic scheme cannot be reduced to the facts which fall within the scheme, and thus it is transcendental to those facts. Formulated in such (...) terms, the Kantian doctrine does not, apparently , propound anything which is new; that facts are tailored to a linguistic scheme is pretty much a well-known doctrine these days. But then, as we shall see, it does say something new; and when we extract that novel element in it, we shall discover also the positive import in the Kantian term, ‘ Transcendental ’. (shrink)

The classical theory of rational choice is built on several important internal consistency conditions. In recent years, the reasonableness of those internal consistency conditions has been questioned and criticized, and several responses to accommodate such criticisms have been proposed in the literature. This paper develops a general framework to accommodate the issues raised by the criticisms of classical rational choice theory, and examines the broad impact of these criticisms from both normative and positive points of view.

Convolutional neural networks (CNNs) are increasingly widely used in psychology and neuroscience to predict how human minds and brains respond to visual images. Typically, CNNs represent these images using thousands of features that are learned through extensive training on image datasets. This raises a question: How many of these features are really needed to model human behavior? Here, we attempt to estimate the number of dimensions in CNN representations that are required to capture human psychological representations in two ways: (1) (...) directly, using human similarity judgments and (2) indirectly, in the context of categorization. In both cases, we find that low-dimensional projections of CNN representations are sufficient to predict human behavior. We show that these low-dimensional representations can be easily interpreted, providing further insight into how people represent visual information. A series of control studies indicate that these findings are not due to the size of the dataset we used and may be due to a high level of redundancy in the features appearing in CNN representations. (shrink)

Arguments for the expansion of formal schooling have long focused on individual outcomes from schooling, including increasing income, reducing poverty, delaying marriage, and improving health, particularly for girls and women. For nearly three decades now, global education agendas have supported girls’ education in an effort to achieve these outcomes. A large body of research analyzes girls’ individual empowerment from schooling, but less attention is given to how schooling is creating change in families and communities, particularly for lowered-caste girls in India. (...) This article places longitudinal data from a three-year qualitative interview study of schoolgirls in Rajasthan alongside qualitative life-history interviews of girls who completed secondary school in Uttarakhand to understand how schooling affects social changes for lower castes. The analysis, using an intersectional and relational approach, illustrates how girls’ schooling shifts kin and caste relations connected to marriage and work but in ways that do not transform the stickiness of caste and gender norms. We argue that educational policies and programs must attend to the ways in which caste is implicated in achieving outcomes of delayed marriage and formal employment for lowered-caste girls in Indian communities if schooling is to create positive social change. (shrink)

This special half-issue is inspired by a passage by Indian writer, educator, and utopian experimenter Rabindranath Tagore in his The Religion of Man, which Tagore first delivered in 1930 as the Hibbert Lectures at the University of Oxford:Man, in his mission to create himself, tries to develop in his mind an image of his truth according to an idea which he believes to be universal, and is sure that any expression given to it will persist through all time... This ideal (...) life dwells in the prospective memory of the future.The set of four articles in this issue is particularly focused on transcultural utopian imagination with nodal point in South Asia, with the transnational space of Bengal (spanning the... (shrink)

This paper considers the question of virtues appropriate to a corporate actor's moral character. A model of corporate appetites is developed by analogy with animal appetities; and the pursuit of initially virtuous corporate tendencies to an extreme degree is shown to be morally perilous. The author thus refutes a previous argument which suggested that (1) corporate virtues, unlike human virtues, need not be located on an Aristotelian mean between opposite undesirable extremes because (2) corporations do not have appetites; and (3) (...) corporate virtues must serve the end of sustainable profit. If these disanalogies between corporate and human virtue no longer hold, then the stage is set for us to formulate a more adequate model of good corporate character that would encompass other-regarding virtues. (shrink)

This study develops and tests an integrated model that explains how Schwartz’s higher order personal values of Openness to Change, Conservation, Self-Transcendence and Self-Enhancement influence the ethical behavior of accountants. The study further explores the influence of ethics training, gender and religiosity on ethical behavior. A survey instrument was administered to 252 accounting students and the findings reveal that some of the higher order personal values are significant in explaining the ethical behavior of accounting students. The findings also reveal that (...) gender and ethical training influence ethical behavior, and that effect of the personal value Self-Transcendence differs depending on participant gender and also religiosity. The implications of the findings are discussed. (shrink)

Despite the growing interest in understanding the effects of income inequality on economic growth, the influence of entrepreneurship-related institutional constraints on the inequality–growth association remains less understood. Drawing on an institutional constraints perspective in the context of startup entry regulation and credit constraints, we propose that under increasing income inequality, ease of startup or access to credit from the financial sector is positively associated with per capita economic growth. In a sample of 92 countries, robust to alternate specifications, we find (...) support for our hypotheses. Our findings contribute to the debates about the income inequality–growth nexus and imply potential policy interventions in the form of lower startup regulations and domestic credit provision from the financial sector to enhance economic growth under increasing economic inequality. (shrink)

Extending a nascent line of Asian philosophical research in music education, we mine Indian philosophies of music and education. Three key questions guide our project: What are Vedic philosophies of music? What are Vedic philosophies of education? Taken together, what insights can we draw for contemporary music education writ large? To address our questions, we analyze key passages from the Upanishads and synthesize ideas from these texts. A quartet of inter-related ideas emerge from our analysis: the guru, the shishya, vidya, (...) and moksha. In brief, the guru (teacher) is revered as one would god, for it is the teacher who leads the shishya (student) toward vidya (knowledge) and through that toward moksha (liberation of the soul), which can also be attained via making music, such as the singing of Om (the absolute sound). In addition to proffering insights for contemporary music education, particularly in terms of how the ancient Vedic guru-shishya parampara adds nuance to contemporary discussions on the master-apprentice model of music education, we imagine how music education philosophy might look like if it were to be sung. (shrink)

We develop and use an integrated individual-level model to explain the driving forces behind digital piracy practice in two nations. The proposed model combines the Norm Activation model and Unified Theory of Acceptance and Use of Technology models. This study also explores the effect of culture on intention to practice DP in two nations: US and India. A survey instrument was used to collect data from 231 US and 331 Indian participants. Use of the integrated model proves to be a (...) powerful and a viable approach to understanding DP across cultures. In each nation, all 10 path coefficients on the research model are statistically significant thereby establishing the fact that personal norm, together with other factors, influences INT to engage in DP, which in turn, may influence the actual practice. The results reveal a support for cross-cultural generalizability and applicability of the proposed model. Culture clearly plays a strong moderating role in two out of the three paths tested. The implications of the findings are discussed. (shrink)

Since time immemorial, organization and visualization has emerged as the pre-eminent natural combination through which abstract concepts in a domain can be understood, imbibed and communicated. In the present era of big data and information explosion, domains are becoming increasingly intricate and facetized, often leaving traditional approaches of know­ledge organization functionally inefficient in dynamically depicting intellectual landscapes. The paper attempts to present, ab initio, a step-by-step conceptual domain development methodology using know­ledge graphs, rooted in the rudiments of interdisciplinary know­ledge organization (...) and know­ledge cartography. It briefly highlights the implementation of the proposed methodology on business domain data, and considers its research ramifications, originality and limitations from multiple perspectives. The paper concludes by summarizing observations on the entire work and particularizing future lines of research. (shrink)

This book is a unique re-conceptualization of Marxism that brings together works by leading Marxist scholars across disciplines ' historical, philosophical, economic, political, social, literary and aesthetic ' in one comprehensive corpus for the first time. It argues that the works and philosophy of Marx and Engels continue to be relevant today.

This article suggests that criminality in leaders might best be understood by ethicists as a matter of degree. Leaders may take without legitimate claim a variety of tangible or intangible goods including ideas and personal health. The extent to which any such act should be disfavoured is subject to debate. Moreover, both theft and control may be understood as continuous phenomena. Kleptocratic regimes within workplace or family may foster in people a habit of accepting similar treatment from economic and political (...) leaders at all levels. Forms of governance may be arranged on a continuum from those that serve to those that exploit their subjects. Responses to kleptocratic regimes range from acceptance through unconscious and conscious resistance to violent revolt. (shrink)

This paper seeks to address the relationship between two key areas of contention figuring in the communicative realities in which language is used and the morality of action: the role of silence and the role of power and the lack thereof. It is proposed that action per se becomes problematic under practical manifestations of silence such as inarticulacy (which is aggravated by major asymmetries in the global politics of language) and ignorance, and that even when action is possible, deciding on (...) what would constitute morally right action under such circumstances remains a question. Furthermore, another key hindrance to action for greater justice and equality is constituted by lack of empowerment. This paper presents the view that a beginning towards answering such questions can be made on the basis of the recognition of the universality of human creativity, in the domains of both language and constructive action, and the fundamental universality of human morality with culture- and communityspecific modes of putting that morality into practice. (shrink)

The paper assesses India's need for being competitive in the global marketplace in order to secure its rightful position in the comity of developed nations. Competitiveness is meant to be the basis of sustainability of one's position in the global marketplace. The role of the government in a developing country like India in this process is stressed. Eight key areas of emphasis for achieving competitiveness have been elaborated—including that of the 'Vedic values system'. The paper concludes by asserting the need (...) for politicians to be far-sighted, rising above petty party politics. (shrink)

The encounter of the cognitive apparatus with the phenomenal world had led to the emergence of independent thought processes either based on scientific method of enguiry or on meditative experiences. In the course of time these have developed into a systematized body of knowledge. They purport to provide peace and happiness, but when seduced by power a distorted value structure has been legitimized. The plethora of evidences suggest the 'self' has been incapacitated for long. The scientific experiences have been given (...) supreme status. The paper stresses the need to attain a beginner's mind so that looking within and looking without no longer remain intangible goals of education. The naodalities have been discussed to escape the bonds of conceptual limitations. Finally, it is suggested that this constructive role of optimizing the oppor tunities for formation of intellect, which moves beyond conventional intellectualism, will evolve into a com passionate world-serving intellect, and pave the way for peace and harmony in this turbulent world. (shrink)

The book under review examines how a number of key literary and cultural texts, spanning the nineteenth to the early twentieth centuries, from Britain and India, imagined the world after decolonization. The book, by an academic working in English and South Asian literary studies, uses literary and cultural geographical approaches, grounded in cultural and historical materialism. It also makes a fresh contribution to utopian studies, especially in the methods we use in this field. The book focuses on what the first (...) chapter evocatively terms, in its title, spatial desire in the age of empire. Taking inspiration from the work of scholars such as Edward Said and Raymond Williams who analyzed cultural... (shrink)

ABSTRACT This article focuses on the transcultural utopian imaginings of futures in early twentieth-century India and Britain, with Indian poet Rabindranath Tagore, anticolonial politician M. K. Gandhi, and British Christian activist C. F. Andrews at the center. Homing in on two trips made to England by Tagore and Gandhi, especially their visits to Woodbrooke Quaker College in Birmingham, and on Gandhi’s visit to Lancashire, the article shows how British Christian and Quaker utopians and Indian utopians cooperated with each other. The (...) article excavates the utopian experiments of Corder Catchpool, also a Quaker, in Darwen, Lancashire, where Gandhi stayed. Religion should be accorded an important place in our understanding of utopia, the article argues. A human propensity to create a paradoxical sense of futurity that does not negate the past, one that Tagore highlights in The Religion of Man, is found in all the utopians discussed. (shrink)

1. Over the last 50 years or so, and especially over the last few decades, the U.S. and many other societies have undergone a large, rapid, and broad decline in anti-gay attitudes. The magnitude, s...

This paper takes the position that interpretations of legal discourse are invariably taken in the context of socio-pragmatic realities to which a particular instance of discourse applies. What makes this process even more complicated is the fact that social realities themselves are often negotiated within the mould of one’s subjective conceptualisations of reality. Institutions and organisations, including people in power, often represent socio-political realities from an ideologically fuelled perspective, engendering many ‘illusory’ categories often a result of contested versions of reality. (...) To substantiate this view, we discuss interpretations of a number of interesting contemporary and controversial laws, including America’s Patriot Act and Hong Kong’s proposed Article 23 of the Basic Law. Both laws can be seen as illustrative of the definitional conflict that abstract concepts such as democracy and human rights are subjected to in their own specific socio-political contexts. While America crowns itself with democracy and Hong Kong struggles to achieve it in effective synthesis with its unique political arrangement, the laws produced by both contrasting political systems are unexpectedly similar, aiming for the moderation of basic rights. The actions of both governments set against their beliefs and discourses, and furthermore set against one another and other media voices, particularly those of non-governmental organisations, political activists, and other socio-political groups, demonstrate contestation of realities, giving rise to ‘discursive illusions’, which seem to be interpreted not so much on the basis of their linguistic construction but more on the basis of socio-pragmatic factors, such as trust, belief, transparency, control and power. (shrink)

Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth & Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer Rouge (...) auto-genocide when only a handful of top officials are tried? Further, given the persistent abuse of political and economic rights in post-conflict Cambodia, we are skeptical that justice or reconciliation is presently possible. (shrink)

The authors found correspondence of several significant traits of Jewish mysticism with traits of Buddhism and other systems of Indian religion and philosophy in the literature. Among the corresponding traits is the fundamental idea of emptiness or nothingness, shuunyataa in Sanskrit, ayin in Hebrew. Also corresponding are attempts to harmonise the idea and experience of emptiness with fullness, and with the experience of the secular world with its many things and concepts. They list eight significant traits of Jewish mysticism, which (...) are found to correspond with traits of Indian religion-philosophies. This is of course a study in comparative religion, but some important relations between these Indian and Jewish belief systems with modern science are also discussed. (shrink)

In the literature we have found correspondence of several significant traits of Jewish mysticism with traits of Buddhism and other systems of Indian religion-philosophy. Among the corresponding traits is the fundamental idea of emptiness or nothingness, shuunyataa in Sanskrit, ayin in Hebrew. Also corresponding are attempts to harmonize the idea and experience of emptiness with fullness, and with the experience of the secular world with its many things and concepts. We list eight significant traits of Jewish mysticism, which we find (...) correspond with traits of Indian religion-philosophies. We also discuss some important relations of these Indian and Jewish belief systems with modern science. We contend, that natural science is built on spontaneous sensory experiences; on this basis concepts and theories are constructed. Likewise we think, that spiritual experiences occur spontaneously and contribute to the basis of religious, mystic and some philosophical belief systems. We thus think, there are important parallels between scientific and spiritual cognition. Key words: Comparative religion; Emptiness/fullness; nothingness; God; compassion; reincarnation; cognition, scientific spiritual; spiritual experiences; Buddhism. (shrink)

Quantification, Negation, and Focus: Challenges at the Conceptual-Intentional Semantic Interface Tista Bagchi National Institute of Science, Technology, and Development Studies (NISTADS) and the University of Delhi Since the proposal of Logical Form (LF) was put forward by Robert May in his 1977 MIT doctoral dissertation and was subsequently adopted into the overall architecture of language as conceived under Government-Binding Theory (Chomsky 1981), there has been a steady research effort to determine the nature of LF in language in light of (...) structurally diverse languages around the world, which has ultimately contributed to the reinterpretation of LF as a Conceptual-Intentional (C-I) interface level between the computational syntactic component of the faculty of language and one or more interpretive faculties of the human mind. While this has opened up further possibilities of research in phenomena such as quantifier scope and scope interactions between negation, quantification, and focus, it has also given rise to a few real challenges to linguistic theory as well. Some of these are: (i) the split between lexical meaning – a matter supposedly belonging to the phase-wise selection of lexical arrays – and issues of semantic interpretation that arise purely from binding and scope phenomena (Mukherji 2010); (ii) partially relatedly, the level at which theta role assignment can be argued to take place, an issue that is taken up by me in Bagchi (2007); and (iii) how supposedly “pure” scopal phenomena relating to quantifiers, negation, and emphasizing expressions such as only and even (comparable to, e.g., Urdu/Hindi hii and bhii, Bangla –i and –o) also have dimensions of both focus and discourse reference. While recognizing all of these challenges, this talk aims to highlight particularly challenge (iii), both in terms of scholarship in the past and for the rich prospects for research on languages of south Asia with the semantics of quantification, negation, and focus in view. The scholarship of the past that I seek to relate this issue to is where, parallel to (and largely independently of) the research on LF that had been happening, Barwise and Cooper were developing their influential view of noun phrases as generalized quantifiers, culminating in their key 1981 article “Generalized Quantifiers and Natural Language” while, independently, McCawley, in his 1981 book Everything that Linguists have Always Wanted to Know about Logic, established through argumentation that all noun phrases semantically behave like generalized quantified expressions (further elaborated by him in the second – 1994 – revised edition of his book). I seek to demonstrate, based on limited data analysis from selected languages of south Asia, that our current understanding of quantification, negation, and focus under the Minimalist view owes something significant to the two major, but now largely marginalized, works of scholarship, and that for the way forward it is essential to adopt a more formal-semantic approach as adopted by them and also by later works such as Denis Bouchard’s (1995) The Semantics of Syntax, Mats Rooth’s work on focus (e.g., Rooth 1996, “Focus” in Shalom Lappin’s Handbook of Contemporary Semantic Theory), Heim and Kratzer’s Semantics in Generative Grammar (1998), and Yoad Winter’s (2002) Linguistic Inquiry article on semantic number, to cite just a few instances. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Indian Science Fiction: Patterns, History and Hybridity by Suparno BanerjeeBarnita BagchiSuparno Banerjee. Indian Science Fiction: Patterns, History and Hybridity. Cardiff: University of Wales Press, 2020. xiii + 256 pp. E-book, ISBN 9781786836670.Suparno Banerjee’s monograph examines science fiction (henceforth SF) from India, a country that has a rich and fascinating tradition of SF. This is a book that will be of interest and value to scholars and students in (...) higher education of utopia, dystopia, and speculative fiction, and to readers across disciplines interested in SF as a mode. It is quite clear today that Darko Suvin’s canonical definition of SF as cognitive estrangement, an interplay between the familiar and the strange, and its emphasis on the novum that is created in SF, has been enriched with further attention to context, including postcolonial contexts. Whose familiarity in cognition are we speaking about, and what happens when contexts are not necessarily hegemonic Anglo-American or Western ones? Indeed, even in Western contexts, science is not a given, but an element that always has political, historical, and ideological overtones. The novum, too, as with the term utopia, is moored in the contexts of the text.Banerjee’s book is one among several excellent monographs on Indian SF that have been published in the 2020s: Sami Ahmad Khan’s Star Warriors of the Modern Raj: Materiality, Mythology and Technology of Indian Science Fiction (2021) and Upamanyu Pablo Mukherjee’s Final Frontiers: Science Fiction and Techno-Science in Non-Aligned India (2020) come to mind. Khan adopts a refreshing fan’s guide to Indian SF register in his monograph, discussing mythology, materiality, ideology, and technology, and he coins the abbreviation TransMIT to capture his approach. Mukherjee’s book examines how Indian SF syncs with or questions the technological and scientific paradigms of India under Nehru and the Non-Aligned Movement; arguing that Indian SF needs to be seen as semiperipheral, the book also applies concepts from energy humanities [End Page 586] to Indian SF in an arresting way. Suparno Banerjee’s monograph is a solidly grounded work in its clearly explained choice of corpus, and a methodology that elicits particularly generative insights in a number of areas, including the epistemological status of science in Indian SF, the importance of SF written in bhasha or non-English Indian languages, the interplay between past and future in Indian SF, analysis of how Indian SF imaginatively represents the Other, and attention to Indian women writers of SF.Banerjee offers a lucid and useful chronology of Indian SF in four historical periods: 1835–1905, 1905–47, 1947–95, and 1995–2019. The period from 1835 to 1905 offers the first specimens of Indian SF, primarily in the form of future histories that question colonialism, in the utopian mode, and adventure tales and stories with scientific and technological elements. The establishment of a British education system, starting in the 1820s, gave an impetus to the birth of Indian SF. Rokeya Sakhawat Hossain’s “Sultana’s Dream” was published in 1905, a year that heralds the second period lasting until Indian independence. In this period, SF starts appearing not just in the English, Bengali, and Hindi languages, as in the first period, but also in a number of other Indian languages, such as Assamese, Marathi, and Tamil. Children’s and youth magazines develop from the 1920s, spaces where science writing and SF both appear. Nationalist, anticolonial stances emerge, challenging western hegemony, in the 1940s. In the early post-Independence period, the nationalistic elements become even stronger, and SF interacts quite strongly with older forms of fantastic writing such as myths, fairytales, and ghost stories. This third period, Banerjee argues, is the golden age of bhasha SF. From the 1990s English-language SF again becomes very prominent in India and its diaspora, though SF in bhashas continues to flourish.Banerjee examines fiction not just from post-Independence India, but also from colonial British India, and diasporic Indian writing. SF written primarily in Bengali, English, Hindi, and Marathi is examined and, when possible, the book also brings into its ambit of analysis SF written in the languages Assamese, Tamil, Telugu, and Kannada. Reflexivity about the corpus of... (shrink)