This chapter argues that some paradigmatic cases of collective action, called mass-action, build upon alienation. Individual alienation qualifies as a coordinative mechanism, which explains collective actions performed by large groups. Alienation requires individuals to detach from their personal stance, and bracket their personal attachments and motivations. Differently from strategic and normative coordinative devices, alienation bypasses strategic normative regulations, such as law and enforcement. However, individuals retain moral responsibility for mass action, which are aligned to delegated (...) actions. (shrink)

We all know that we have and are our bodies. But might it be possible to leave this common place? In the present article we try to do this by attending to the way we do our bodies. The site where we look for such action is that of handling the hypoglycaemias that sometimes happen to people with diabetes. In this site it appears that the body, active in measuring, feeling and countering hypoglycaemias is not a bounded whole: its (...) boundaries leak. Bits and pieces of the outside get incorporated within the active body; while the centre of some bodily activities is beyond the skin. The body thus enacted is not self-evidently coherent either. There are tensions between the body’s organs; between the control under which we put our bodies and the erratic character of their behaviour; and between the various needs and desires single bodies somehow try to combine. Thus to say that a body is a whole, or so we conclude, skips over a lot of work. One does not hang together as a matter of course: keeping oneself together is something the embodied person needs to do. The person who fails to do so dies. (shrink)

Assume that, even with a time machine, Tim does not have the ability to travel to the past and kill Grandfather. Why would that be? And what are the implications for traditional debates about freedom? We argue that there are at least two satisfactory explanations for why Tim cannot kill Grandfather. First, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would require _F_ to have (...) not obtained. Second, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would prevent _F_ from obtaining. These two explanations have distinct upshots for more traditional debates over freedom. The first implies that causal determinism is incompatible with the ability to do otherwise and also raises questions about the traditional arguments for the incompatibility of divine foreknowledge and the ability to do otherwise; the second does neither. However, both explanations imply that the Molinist account of divine providence renders agents unable to do otherwise, at least in certain circumstances. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

This article presents a simple derivation of optimization models for reaction networks leading to a generalized form of the mass-action law, and compares the formal structure of Minimum Information Divergence, Quadratic Programming and Kirchhoff type network models. These optimization models are used in related articles to develop and illustrate the operation of ontology alignment algorithms and to discuss closely connected issues concerning the epistemological and statistical significance of sharp or precise hypotheses in empirical science.

The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a concept of (...) autonomy thatis value-neutral rather than value-laden. Thatis to say, we would want the judgement that Iam autonomous to depend wholly on, say,structural features of my psychology, and in noway to require us to make ethical judgements, orother value judgements. Being value-neutral isperhaps desirable in a concept of autonomyserving the first role, and plausiblyindispensible in one playing the second. Ishall argue, however, that value-neutral conceptionsof autonomy are impoverished and out of linewith our intuitions; set out and defendan explicitly value-laden conception ofautonomy; and explore the implications of such a view for theability of autonomy to play the rolesmentioned above. (shrink)

Stephen Law follows THE PHILOSOPHY FILES with a second book of philosophical conundrums for teenagers. This time he asks such questions as Do Miracles Happen? Why Do These Words Mean Something? and Do I Know the Sun will Rise Tomorrow? You can dip into the arguments that interest you, in eight chapters where the themes are set up in witty scenarios and then debated. There are wacky thought experiments to work out and a variety of characters appear - some of (...) them Martians. As in THE PHILOSOPHY FILES, there are hundreds of lively cartoons running through the book. Stephen Law is a brilliant communicator with a passion to make young people think for themselves. As the GUARDIAN said: 'It's philosophy in action rather than philosophy in aspic... a real philosophy book for kids - which students and adults could enjoy too - finally exists'. (shrink)

On one view of ethical development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, if the well-intended conduct is psychologically demanding, one's character, precisely because one is not yet virtuous, may worsen rather than improve. This risk of degradation casts doubt on the developmental view. I counter the doubt through one interpretation and one application of the Mengzi. In passage 2A2, invoking the image of a farmer who “helped” the crop grow by (...) pulling the sprouts, MENG Ke cautions, “do not help it grow.” I defend a novel interpretation: do not advance with a naïve negligence about your psycho-physiological constitution. I also show how to advance with realistic care by pointing out an overlooked application of a much-discussed cultivation technique illustrated in Mengzi 1A7: ethical reflection can conciliate one with one’s ongoing or past advanced action, lowering the action’s risk of degradation. (shrink)

The so-called ‘Humean’ view of motivation is pretty standard in the Philosophy of Mind. Its most prominent contemporary defender, Michael Smith, calls it a ‘dogma’. Humeans believe in a strict divide between beliefs and desires. Beliefs have no intrinsic motivating force: I may believe anything at all, but only with the contribution of a separate desire will I be motivated to act. This claim should be broadened out to include all cognitive states (belief, knowledge…). The Humean claim is that cognitive (...) states are wholly lacking in conative power. If some beliefs seem to us to motivate action, that can only be due to a contingent association with a separate conative state. (shrink)

Without mass media, openness and accountability are impossible in contemporary democracies. Nevertheless, mass media can hinder political transparency as well as help it. Politicians and political operatives can simulate the political virtues of transparency through rhetorical and media manipulation. Television tends to convert coverage of law and politics into forms of entertainment for mass consumption, and television serves as fertile ground for a self‐proliferating culture of scandal. Given the limited time available for broadcast and the limited attention (...) of audiences, stories about political strategy, political infighting, political scandal and the private lives of politicians tend to crowd out less entertaining stories about substantive policy questions. Political life begins to conform increasingly to the image of politics portrayed on television. Through a quasi‐Darwinian process, media events, scandals, and other forms of politics‐as‐entertainment eventually dominate and weed out other forms of political information and public discussion, transforming the very meaning of public discourse. In this way the goals of political transparency can be defeated by what appear to be its central mechanisms: proliferating information, holding political officials accountable for their actions, and uncovering secrets. (shrink)

Whyte chooses nine thinkers to illustrate this historical and evolutionary movement, including Heraclitus, Marx, and Freud, and the resulting vignettes are a synthesis of knowledge that suggest, as well, a reorientation of thought, feeling, and action for the future."--BOOK JACKET.

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S. context these seemingly contrary theories function jointly to rationalize racial inequities in the criminal justice system. When people of color are culturally associated with criminality, they are perceived as both irresponsible and hyperresponsible, a paradox that reflects their status as what Charles Mills calls subpersons. Following from this paradox, (...) criminality is understood as an atemporal characteristic of people of color, such that they are conceived as pre-criminals, criminals, or post-criminals. In Frantz Fanon’s account, overdetermination expresses this exclusion of people of color from full agency by capturing them within a rigid, immutable essence, which then controls the social meaning of their actions. The backward-looking quality of retribution and the forward-looking quality of deterrence then treat people of color as more deserving of punishment (and more severe punishment) and as threats to the social order who have to be restrained. We should read the racialization of mass incarceration as a symptom of how precariously people of color participate in the social contract and as reflections of how theories of punishment have been racially deployed. (shrink)

This article aims to interpret the Althusserian critique of ideology in order to put forth the mechanisms at work within the relation of belief that constitutes every ideology and to insist on its practical consequences on the relation between the intellectual and the masses. To do so, we will draw upon Althusser’s review of humanism, upon his commentaries of the work of Montesquieu and Rousseau, and upon his conception of ideology in the article from 1970 on ‘Ideology and Ideological State (...) Apparatuses’ and in other texts of the same period. By focusing on an analysis of the functioning of belief within the three cardinal forms of ideology, we will highlight the importance of putting into place a social critique attentive to the repetition of the relations of belief with regard to enabling truly transformative actions. (shrink)

Searle’s tool for understanding culture, law and society is the opposition between brute reality and institutional reality, or in other words between: observer-independent features of the world, such as force, mass and gravitational attraction, and observer-relative features of the world, such as money, property, marriage and government. The question posed here is: under which of these two headings do moral concepts fall? This is an important question because there are moral facts – for example pertaining to guilt and responsibility (...) – which hover uncomfortably close to the boundary between the observer-relative and the observer-independent. By means of a thought experiment involving an imagined Chinese society in which guilt is determined by the random throwing of sticks, I seek to show that moral concepts threaten the foundations of Searle’s philosophy of social reality. (shrink)

Consideration of the property of action is proposed to provide a more meaningful definition of efficient energy use and sustainable production in ecosystems. Action has physical dimensions similar to angular momentum, its magnitude varying with mass, spatial configuration and relative motion. In this article, the relationship of action to thermodynamic processes such as the spontaneous increase in entropy of the second law is explained and the utility of action for measuring changes in energy and material (...) distribution is promoted. In particular, the view that increases in entropy and action are equivalent to disorder is challenged. Given that the development of action states may be assigned an economic value and the various sources of free energy assigned a price, action theory may provide a novel mechanism for the economic allocation of resources. The importance of the diversity and redundancy of energy resources and work processes to optimize action is highlighted. (shrink)

Alongside other types of mass atrocities, genocide has received extensive scholarly, policy, and practitioner attention. Missing, however, is the contribution of economists to better understand and prevent such crimes. This edited collection by 41 accomplished scholars examines economic aspects of genocides, other mass atrocities, and their prevention. Chapters include numerous case studies, probing literature reviews, and completely novel work based on extraordinary country-specific datasets. Also included are chapters on the demographic, gendered, and economic class nature of genocide. Replete (...) with research- and policy-relevant findings, new insights are derived from behavioral economics, law and economics, political economy, macroeconomic modeling, microeconomics, development economics, industrial organization, identity economics, and other fields. Analytical approaches include constrained optimization theory, game theory, and sophisticated statistical work in data-mining, econometrics, and forecasting.A foremost finding of the book concerns atrocity architects' purposeful, strategic use of violence, often manipulating nonrational proclivities among ordinary people to sway their participation in mass murder. Relatively understudied in the literature, the book also analyzes the options of victims before, during, and after mass violence. Further, the book shows how well-intended prevention efforts can backfire and increase violence, how wrong post-genocide design can entrench vested interests to reinforce exclusion of vulnerable peoples, and how businesses can become complicit in genocide. In addition to the necessity of healthy opportunities in employment, education, and key sectors in prevention work, the book shows why new genocide prevention laws and institutions must be based on reformulated incentives that consider insights from law and economics, behavioral economics, and collective action economics. (shrink)

Gödel appears to have believed strongly that the human mind cannot be explained in terms of any kind of computational physics, but he remained cautious in formulating this belief as a rigorous consequence of his incompleteness theorems. In this chapter, I discuss a modification of standard Gödel-type logical arguments, these appearing to strengthen Gödel’s conclusions, and attempt to provide a persuasive case in support of his standpoint that the actions of the mind must transcend computation. It appears that Gödel did (...) not consider the possibility that the laws of physics might themselves involve noncomputational procedures; accordingly, he found himself driven to the conclusion that mentality must lie beyond the actions of the physical brain. My own arguments, on the other hand, are from the scientific standpoint that the mind is a product of the brain’s physical activity. Accordingly, there must be something in the physical actions of the world that itself transcends computation. We do not appear to find such noncomputational action in the known laws of physics, however, so we must seek it in currently undiscovered laws going beyond presently accepted physical theory. I argue that the only plausibly relevant gap in current understanding lies in a fundamental incompleteness in quantum theory, which reveals itself only with significant mass displacements between quantum states (“Schrödinger’s cats”). I contend that the need for new physics enters when gravitational effects just begin to play a role. In a scheme developed jointly with Stuart Hameroff, this has direct relevance within neuronal microtubules, and I describe this (still speculative) scheme in the following. (shrink)

An overlap between the general relativist and particle physicist views of Einstein gravity is uncovered. Noether's 1918 paper developed Hilbert's and Klein's reflections on the conservation laws. Energy-momentum is just a term proportional to the field equations and a "curl" term with identically zero divergence. Noether proved a \emph{converse} "Hilbertian assertion": such "improper" conservation laws imply a generally covariant action. Later and independently, particle physicists derived the nonlinear Einstein equations assuming the absence of negative-energy degrees of freedom for stability, (...) along with universal coupling: all energy-momentum including gravity's serves as a source for gravity. Those assumptions imply that the energy-momentum is only a term proportional to the field equations and a symmetric curl, which implies the coalescence of the flat background geometry and the gravitational potential into an effective curved geometry. The flat metric, though useful in Rosenfeld's stress-energy definition, disappears from the field equations. Thus the particle physics derivation uses a reinvented Noetherian converse Hilbertian assertion in Rosenfeld-tinged form. The Rosenfeld stress-energy is identically the canonical stress-energy plus a Belinfante curl and terms proportional to the field equations, so the flat metric is only a convenient mathematical trick without ontological commitment. Neither generalized relativity of motion, nor the identity of gravity and inertia, nor substantive general covariance is assumed. The more compelling criterion of lacking ghosts yields substantive general covariance as an output. Hence the particle physics derivation, though logically impressive, is neither as novel nor as ontologically laden as it has seemed. (shrink)

There has been a widespread recovery of public memory of the events of the Second World War since the end of the 1980s, with war crimes trials, restitution actions, monuments and memorials to the victims of Nazism appearing in many countries. This has inevitably involved historians being called upon to act as expert witnesses in legal actions, yet there has been little discussion of the problems that this poses for them. The French historian Henry Rousso has argued that this confuses (...) memory with history. In the aftermath of the Second World War, judicial investigations unearthed a mass of historical documentation. Historians used this, and further researches, from the 1960s onwards to develop their own ideas and interpretations. But since the early 1990s there has been a judicialization of history, in which historians and their work have been forced into the service of moral and legal forms of judgment which are alien to the historical enterprise and do violence to the subleties and nuances of the historian's search for truth. This reflects Rousso's perhaps rather simplistically scientistic view of the historian's enterprise; yet his arguments are powerful and should be taken seriously by any historian considering involvement in a law case; they also have a wider implication for the moralization of the history of the Second World War, which is now dominated by categories such as "perpetrator," "victim," and "bystander" that are legal rather than historical in origin. The article concludes by suggesting that while historians who testify in war crimes trials should confine themselves to elucidating the historical context, and not become involved in judging whether an individual was guilty or otherwise of a crime, it remains legitimate to offer expert opinion, as the author of the article has done, in a legal action that turns on the research and writing of history itself. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy (...) or philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

‘The one who peers into the perfect law of freedom and perseveres, and is not a hearer who forgets but a doer who acts, such a one shall be blessed in what he does’ (James 1:25). Freedom, in one sense of the word or another, is a central theme of the bible, the Old Testament as well as the New. During the Middle Ages, Christian theologians developed this theme into a doctrine of the natural right of freedom of the individual (...) or natural person and made it into a moral and intellectual bulwark against the encroachments of the modern state. The classical liberal or libertarian tradition in Western political thought, from John Locke to the American Founding Fathers to Friedrich Hayek and Murray Rothbard, owes an immense debt to the likes of Thomas Aquinas, Jean Gerson, Francisco de Vitoria, Juan de Mariana and Batholomé de las Casas. Not coincidentally Christianity and classical liberalism together went into rapid decline towards the end of the nineteenth century and especially in the globalisation of European wars in the twentieth century. At that time, mass democracy and national expediency became the pretexts of choice to subvert constitutional limitations on the use of political power. The decline was not halted —was perhaps even accelerated—when Christians and liberals alike began to adopt ‘social doctrines’ and the advocacy of social policies that only confirmed the impression that there is no salvation outside the state. However, I do not intend to describe the historical linkages between classical liberalism and Christianity. Instead I shall try to explicate their relevant common concept of personal freedom and trace its role in some of the central stories of the bible, those that purport to be direct reports of the actions and words of God or Jesus Christ. I am not concerned here with the stories about the Jews or with the reports of what prophets and apostles said about the meaning and relevance of the divine words and actions. Important as they are for understanding the Jewish and the Christian traditions, they already are historical expressions and applications of religious beliefs rather than expositions of the story to which those beliefs refer.. (shrink)

The process of decision making is predictable and irrational according to Daniel Ariely and other economic behaviorists, historians, and philosophers such as Daniel Kahneman or Yuval Noah Harari. Decisions made anteriorly can be, but don’t have to be, present in the actions of a person. Stories and shared belief in myths, especially those that arise from a system of human norms and values and are based on a belief in a “supernatural” order (religion) are important. Because of this, mass (...) cooperation amongst strangers is possible. (shrink)

In an ongoing class action suit against large tobacco companies, including Philip Morris, Inc., and R.J. Reynolds Tobacco Co., Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York issued an opinion on October 15, 2002 making statistical proof available to address plaintiffs’ common questions and prove required elements of consumer fraud.The dilemmas inherent in tobacco litigation as a mass tort action include overcoming the collective action problem, mobilizing appropriate and (...) persuasive legal theories for recovery, and meeting the standards of proof, all in a timely and cost-effective manner. While some tobacco cases have proceeded on products liability theories of defective or negligent design, many recent cases are grounded in consumer fraud laws. (shrink)

In an ongoing class action suit against large tobacco companies, including Philip Morris, Inc., and R.J. Reynolds Tobacco Co., Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York issued an opinion on October 15, 2002 making statistical proof available to address plaintiffs’ common questions and prove required elements of consumer fraud.The dilemmas inherent in tobacco litigation as a mass tort action include overcoming the collective action problem, mobilizing appropriate and (...) persuasive legal theories for recovery, and meeting the standards of proof, all in a timely and cost-effective manner. While some tobacco cases have proceeded on products liability theories of defective or negligent design, many recent cases are grounded in consumer fraud laws. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 147-153 [Access article in PDF] Book Review Rattling the Cage: Toward Legal Rights for Animals Rattling the Cage: Toward Legal Rights for Animals Steven M. Wise. Foreward by Jane Goodall. Cambridge, Mass.: Perseus Books, 2000. pp. 384. US $17.50. ISBN 0-7382-0437-4 (Paperback) "Ancient philosophers claimed that all nonhuman animals had been designed and placed on this earth just for human beings. Ancient (...) jurists declared that law had been created just for human beings. Although philosophy and science have long since recanted, the law has not." Steven M. Wise, Rattling the Cage, p. 4. Readers of this journal are well-versed in the myriad ways in which nonhuman animals are harmfully exploited at the hands of human beings—from battery hens and veal calves to mass-produced pigs; from Pennsylvania pigeon shoots to canned hunts on Texas ranches; from rodeos to roadside zoos; from LD-50 toxicity tests on rats and Draize eye tests on rabbits to head trauma and infectious disease experimentation on primates. Despite other sticking points, it is by now uncontroversial among [End Page 147] nonanthropocentric theorists that, in utilitarian terms, the benefits to humans of the above practices fall far short of justifying the harms they cause to their nonhuman victims or, in deontological terms, that they violate the rights of creatures with inherent value. Indeed, these arguments are so well-rehearsed and so widely regarded as compelling that it no longer seems particularly bold to predict that if reason ever prevails over tradition and prejudice, the future will look back on this generation's treatment of our fellow creatures with the same kind of shame and condemnation with which European Americans regard our slaveholding past.More sobering but equally familiar is the observation that decisive arguments for the gross immorality of existing practices will bring about neither their elimination nor significant reform as long as the presumed legitimacy of human exploitation of nonhuman beings remains entrenched in both popular consciousness and economic, political, and legal institutions. In the interests of chipping away at popular apathy, academics should no doubt go on repeating the well-worn arguments against speciesism in classrooms, popular venues, and professional research. But in a world structured far more directly by the interests of a powerful few than by the values of the many, this consciousness-raising strategy properly plays at most a supporting role to the even more vital project of challenging and ultimately restructuring the institutions that sanction and carry out these injustices. In short, what nonhuman animals need from ethically sensitive intellectuals is not just rational argument, but effective legal and political action.One of the main institutional obstacles to progress in this area is undoubtedly the legal relegation of animals to property status—which is why Steve M. Wise's Rattling the Cage: Toward Legal Rights for Animals is such an important book. Wise teaches animal rights law at Harvard, Vermont, and John Marshall Law Schools and has spent more than twenty years fighting for animals in the legal system; his book displays the bittersweet fruit of that experience. The tenor throughout is a mixture of conviction in the justice of his cause—which cannot but sustain a vision of its eventual success—together with the frustration and determined patience borne from decades of butting up against an utterly implacable wall. An eloquent foreword by Jane Goodall, together with Wise's own harrowing first chapter, describe the nightmarish existences imposed on our nearest nonhuman relatives, the chimpanzees and bonobos, for the sake of science, entertainment, and profit—nightmares enabled by a legal system that [End Page 148] treats all nonhumans as mere things. An engaging storyteller with a synthetic conception of the history of ideas, Wise unearths the origins of this conception of animals in the Great Chain of Being, demonstrates its defeat by Darwinian science, and builds piece by piece a case—drawing heavily on research into animal consciousness—for extending legal rights at least to chimpanzees and bonobos.The substantive theses of this case are, first, that the denial of... (shrink)

It is shown that the following three common understandings of Newton’s laws of motion do not hold for systems of infinitely many components. First, Newton’s third law, or the law of action and reaction, is universally believed to imply that the total sum of internal forces in a system is always zero. Several examples are presented to show that this belief fails to hold for infinite systems. Second, two of these examples are of an infinitely divisible continuous body with (...) finite mass and volume such that the sum of all the internal forces in the body is not zero and the body accelerates due to this non-null net internal force. So the two examples also demonstrate the breakdown of the common understanding that according to Newton’s laws a body under no external force does not accelerate. Finally, these examples also make it clear that the expression ‘impressed force’ in Newton’s formulations of his first and second laws should be understood not as ‘external force’ but as ‘exerted force’ which is the sum of all the internal and external forces acting on a given body, if the body is infinitely divisible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 147-153 [Access article in PDF] Book Review Rattling the Cage: Toward Legal Rights for Animals Rattling the Cage: Toward Legal Rights for Animals Steven M. Wise. Foreward by Jane Goodall. Cambridge, Mass.: Perseus Books, 2000. pp. 384. US $17.50. ISBN 0-7382-0437-4 (Paperback) "Ancient philosophers claimed that all nonhuman animals had been designed and placed on this earth just for human beings. Ancient (...) jurists declared that law had been created just for human beings. Although philosophy and science have long since recanted, the law has not." Steven M. Wise, Rattling the Cage, p. 4. Readers of this journal are well-versed in the myriad ways in which nonhuman animals are harmfully exploited at the hands of human beings—from battery hens and veal calves to mass-produced pigs; from Pennsylvania pigeon shoots to canned hunts on Texas ranches; from rodeos to roadside zoos; from LD-50 toxicity tests on rats and Draize eye tests on rabbits to head trauma and infectious disease experimentation on primates. Despite other sticking points, it is by now uncontroversial among [End Page 147] nonanthropocentric theorists that, in utilitarian terms, the benefits to humans of the above practices fall far short of justifying the harms they cause to their nonhuman victims or, in deontological terms, that they violate the rights of creatures with inherent value. Indeed, these arguments are so well-rehearsed and so widely regarded as compelling that it no longer seems particularly bold to predict that if reason ever prevails over tradition and prejudice, the future will look back on this generation's treatment of our fellow creatures with the same kind of shame and condemnation with which European Americans regard our slaveholding past.More sobering but equally familiar is the observation that decisive arguments for the gross immorality of existing practices will bring about neither their elimination nor significant reform as long as the presumed legitimacy of human exploitation of nonhuman beings remains entrenched in both popular consciousness and economic, political, and legal institutions. In the interests of chipping away at popular apathy, academics should no doubt go on repeating the well-worn arguments against speciesism in classrooms, popular venues, and professional research. But in a world structured far more directly by the interests of a powerful few than by the values of the many, this consciousness-raising strategy properly plays at most a supporting role to the even more vital project of challenging and ultimately restructuring the institutions that sanction and carry out these injustices. In short, what nonhuman animals need from ethically sensitive intellectuals is not just rational argument, but effective legal and political action.One of the main institutional obstacles to progress in this area is undoubtedly the legal relegation of animals to property status—which is why Steve M. Wise's Rattling the Cage: Toward Legal Rights for Animals is such an important book. Wise teaches animal rights law at Harvard, Vermont, and John Marshall Law Schools and has spent more than twenty years fighting for animals in the legal system; his book displays the bittersweet fruit of that experience. The tenor throughout is a mixture of conviction in the justice of his cause—which cannot but sustain a vision of its eventual success—together with the frustration and determined patience borne from decades of butting up against an utterly implacable wall. An eloquent foreword by Jane Goodall, together with Wise's own harrowing first chapter, describe the nightmarish existences imposed on our nearest nonhuman relatives, the chimpanzees and bonobos, for the sake of science, entertainment, and profit—nightmares enabled by a legal system that [End Page 148] treats all nonhumans as mere things. An engaging storyteller with a synthetic conception of the history of ideas, Wise unearths the origins of this conception of animals in the Great Chain of Being, demonstrates its defeat by Darwinian science, and builds piece by piece a case—drawing heavily on research into animal consciousness—for extending legal rights at least to chimpanzees and bonobos.The substantive theses of this case are, first, that the denial of... (shrink)

We discuss the crucial, but easily missed, link between paternalism and incarceration. Legal paternalists believe law should be used to help individuals stay healthy or moral or become healthier or morally better. Criminal laws are paternalistic if they make it illegal to perform some action that would be bad for the actor to do, regardless of effects on others. Yet, one result of such laws is the punishment, including incarceration, of the very same actors—also clearly bad for them even (...) if meant to be rehabilitative. Therein lies an oddity: paternalist criminal law—and thepresumably rehabilitativepunishments that serve as responses to infringements of such laws—is meant to help the actor but in fact has the opposite effect on net. Incarceration is particularly problematic on this front as it harms the alleged criminal in ways that go beyond the harm they would have caused themselves. Incarceration also may undermine the actor’s ability to improve his decision-making abilities or his moral character. The effects of the punishment also drift to others—family and friends, as well as business associates, of the punished. Paternalists, inasmuch as they are motivated by beneficence or concern about moral character, must account for all of these costs as threats to well-being and the conditions for acting morally. Given the link between paternalism and incarceration, we propose that if we are to take seriously the problem of over-incarceration in the U.S., we must reconsider the use of paternalism in criminal law; we sketch several alternatives. We believe paternalists should support our resistance to incarceration and seriously consider these alternatives. (shrink)

This article evaluates the legality of Operation Iraqi Freedom, the March 2003 attack on Iraq. The author rejects assertions that Security Council Resolution 1441 (2002), standing alone, contained a mandate to employ force; on the contrary, the Resolution was only adopted on the understanding that it did not. The law of self-defense, including its ?preemptive? variant, similarly provided no legal basis for the action because the degree of Iraqi support to terrorism was insufficient and the threat of use of (...) weapons of mass destruction was not imminent. With regard to humanitarian intervention, the suffering inflicted by the Saddam Hussein's regime did not rise to a level allowing intervention. Moreover, international law does not permit forceful regime change except when authorized by the Security Council. However, the author argues that material breach of the 1991 cease-fire in Security Council Resolution 687 released the US and UK from their obligation to refrain from hostilities, thereby reactivating the use of force authorization in Security Council Resolution 678 (1990). This latter justification was the sole official legal justification offered for Operation Iraqi Freedom. (shrink)

In his encyclical 'Aeterni Patris' (1879), Pope Leo XIII expressed the conviction that the renewed study of the philosophical legacy of Saint Thomas Aquinas would help Catholics to engage in a dialogue with secular modernity while maintaining respect for Church doctrine and tradition. As a result, the neo-scholastic framework dominated Catholic intellectual production for nearly a century thereafter. This volume assesses the societal impact of the Thomist revival movement, with particular attention to the juridical dimension of this epistemic community. Contributions (...) from different disciplinary backgrounds offer a multifaceted and in-depth analysis of many different networks and protagonists of the neo-scholastic movement, its institutions and periodicals, and its conceptual frameworks. Although special attention is paid to the Leuven Institute of Philosophy and Faculty of Law, the volume also discloses the neo-Thomist revival in other national and transnational contexts. By highlighting diverse aspects of its societal and legal impact, 'Neo-Thomism in Action' argues that neo-scholasticism was neither a sterile intellectual exercise nor a monolithic movement. The book expands our understanding of how Catholic intellectual discourse communities were constructed and how they pervaded law and society during the late 19th century and the first half of the 20th century. (shrink)

The unified theory of dose and effect, as indicated by the median-effect equation for single and multiple entities and for the first and higher order kinetic/dynamic, has been established by T.C. Chou and it is based on the physical/chemical principle of the massaction law (J. Theor. Biol. 59: 253-276, 1976 (質量作用中效定理) and Pharmacological Rev. 58: 621-681, 2006) (普世中效指數定理). The theory was developed by the principle of mathematical induction and deduction (數學演繹歸納法). Rearrangements of the median-effect equation lead to Michaelis-Menten, Hill, Scatchard, (...) and Henderson-Hasselbalch equations. The “median” serves as the universal reference point and the “common link” for the relationship of all entities and is also the “harmonic mean” of kinetic dissociation constants. Over 300 mechanism-specific equations have been derived and published using the mathematical induction-deduction process. These equations can be deduced into several general equations, including the median-mediated whole/part equation, combination index theorem, isobologram equation, and polygonogram. It is proven that “dose” and “effect” are interchangeable, thus, “substance” and “function” are interchangeable, which leads to “the unity theory” (劑效、心物、知行一元論) in quantitative mathematical philosophy (數學的定量哲學) in functional context. Therefore, a general theory centered on the “median” and based on equilibrium dynamics has evolved. In other words: [「中」的宇宙觀： 以「中」爲基凖的動力學生態平衡]. Based on the median-effect equation of the mass-action law, the fundamental claim is that we can draw “a specific cure” for only two data points, if they are determined accurately. This claim has far reaching consequences since it defies the general held belief that two points can dray only a straight line. Remarkably, the unity theory (一元論) providesscientific/mathematical interpretation in equations and in graphics of Chinese ancient philosophy, including Fu-Si Ba Gua (伏羲八卦), Dao’s Harmony (和諧), the Confucian doctrine of the mean (儒家中庸之道), Chou Dun-Yi’s (周敦頤, 1017-1073) From Wu-ji to Tai-ji and Taiji Tu Sho (無極而太極及太極圖說). The moderntopological analysis for trinity yields an exact correspondence to the Ba-Gua, which was introduced over 4,000 years ago. Furthermore, the median-centered algorithm, promotes modern ecological content (生態學) in the equilibral dynamic state of harmony. It is concluded that Western science and Eastern philosophy are directly linked and complementary to each other. Since the truth in mathematical quantitative philosophy (數學的定量哲學) has no boundaries, East and West philosophies can flourish together for the common goal and ideal in science and in humanity (世界大同). (shrink)

Biology arises from the crowded molecular environment of the cell, rendering it a challenge to understand biological pathways based on the reductionist, low‐concentration in vitro conditions generally employed for mechanistic studies. Recent evidence suggests that low‐affinity interactions between cellular biopolymers abound, with still poorly defined effects on the complex interaction networks that lead to the emergent properties and plasticity of life. Mass‐action considerations are used here to underscore that the sheer number of weak interactions expected from the complex (...) mixture of cellular components significantly shapes biological pathway specificity. In particular, on‐pathway—i.e., “functional”—become those interactions thermodynamically and kinetically stable enough to survive the incessant onslaught of the many off‐pathway (“nonfunctional”) interactions. Consequently, to better understand the molecular biology of the cell a further paradigm shift is needed toward mechanistic experimental and computational approaches that probe intracellular diversity and complexity more directly. Also see the video abstract here https://youtu.be/T19X_zYaBzg. (shrink)

The susceptible-transmissible-removed (STR) model is a deterministic compartment model, based on the susceptible-infected-removed (SIR) prototype. The STR replaces 2 SIR assumptions. SIR assumes that the emigration rate (due to death or recovery) is directly proportional to the infected compartment’s size. The STR replaces this assumption with the biologically appropriate assumption that the emigration rate is the same as the immigration rate one infected period ago. This results in a unique delay differential equation epidemic model with the delay equal to the (...) infected period. Hamer’s mass action law for epidemiology is modified to resemble its chemistry precursor—the law of mass action. Constructing the model for an isolated population that exists on a surface bounded by the extent of the population’s movements permits compartment density to replace compartment size. The STR reduces to a SIR model in a timescale that negates the delay—the transmissible timescale. This establishes that the SIR model applies to an isolated population in the disease’s transmissible timescale. Cyclical social interactions will define a rhythmic timescale. It is demonstrated that the geometric mean maps transmissible timescale properties to their rhythmic timescale equivalents. This mapping defines the hybrid incidence (HI). The model validation demonstrates that the HI-STR can be constructed directly from the disease’s transmission dynamics. The basic reproduction number (R0\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathcal{R}}_0$$\end{document}) is an epidemic impact property. The HI-STR model predicts that R0∝ρnB\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathcal{R}}_0 \propto \root \mathfrak{B} \of {\rho_n}$$\end{document} where ρn\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\rho_n$$\end{document} is the population density, and B\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathfrak{B}}$$\end{document} is the ratio of time increments in the transmissible- and rhythmic timescales. The model is validated by experimentally verifying the relationship. R0\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathcal{R}}_0$$\end{document}’s dependence on ρn\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\rho_n$$\end{document} is demonstrated for droplet-spread SARS in Asian cities, aerosol-spread measles in Europe and non-airborne Ebola in Africa. (shrink)

In this work we deal with a general class of spatially distributed periodic SIS epidemic models with two time scales. We let susceptible and infected individuals migrate between patches with periodic time dependent migration rates. The existence of two time scales in the system allows to describe certain features of the asymptotic behavior of its solutions with the help of a less dimensional, aggregated, system. We derive global reproduction numbers governing the general spatially distributed nonautonomous system through the aggregated system. (...) We apply this result when the mass action law and the frequency dependent transmission law are considered. Comparing these global reproductive numbers to their non spatially distributed counterparts yields the following: adequate periodic migration rates allow global persistence or eradication of epidemics where locally, in absence of migrations, the contrary is expected. (shrink)

Theologians and philosophers have argued against an interventionist view of divine action for centuries. Although God could intervene in the natural order, they believe that God does not and will not. This chapter first considers the arguments against the traditional, interventionist view of divine action. There are five main reasons why divine intervention has come under fire in recent decades: (i) an incompetent god; (ii) a capricious or inconsistent god; (iii) the problem of evil; (iv) the god of (...) the gaps; and (v) conflicts with science. The chapter then presents a brief discussion of the laws of nature, some specific noninterventionist models, and an assessment of the most popular such model based on quantum mechanics. It ends with a reexamination of the motives for noninterventionism and a new way to understand what the fight is about. (shrink)

A longstanding question at the intersection of science, philosophy, and theology is how God might act, or not, when governing the universe. Many believe that determinism would prevent God from acting at all, since to do so would require violating the laws of nature. However, when a robust view of these laws is coupled with the kind of determinism now used in dynamics, a new model of divine action emerges. This book presents a new approach to divine action (...) beyond the current focus on quantum mechanics and esoteric gaps in the causal order. It bases this approach on two general points. First, that there are laws of nature is not merely a metaphor. Second, laws and physical determinism are now understood in mathematically precise ways that have important implications for metaphysics. The explication of these two claims shows not only that nonviolationist divine action is possible, but there is considerably more freedom available for God to act than current models allow. By bringing a philosophical perspective to an issue often dominated by theologians and scientists, this text redresses an imbalance in the discussion around divine action. It will, therefore, be of keen interest to scholars of Philosophy and Religion, the Philosophy of Science, and Theology. (shrink)

헤겔의 『정신현상학』 「V. 이성의 확신과 진리」의 「B. 자기자신에 의한 이성적인 자기의식의 실현」의 두 번째 부분인 「b. 마음의 법칙과 자만의 광기」는 기존 질서에 대항하는 근대적 개인주의의 한 형태가 현실에 의해 실패하는 과정의 서술이라고 이해되어 왔다. 본 논문은 b에서 인간 행위의 본성에 대한 탐구가 이루어지고 있다는 해석을 하고자 한다. 헤겔은 여기에서 인간 행위에 대한 규정이 마음의 법칙으로 개념화된 각 개인의 주관성이 아니라 상호주관적인 인륜성에 의해서 결정된다는 것을 보이고자 한다. 이를 위해 장 이뽈리트로부터 시작된 기존 해석을 정리하고, 이어서 마음의 법칙의 성격에 대해서 논의할 (...) 것이다. 마음의 법칙을 현실로 옮기는 행위의 성격에 대한 논의가 본 논문의 중심 부분이다. 다음에는 의식이 모순과 광기에 빠진다는 것이 형상화하는 것이 무엇인지를 해명할 것이다. (shrink)

This is the third volume of the new series Social, Political, & Legal Philosophy and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. Conceptual analysis is used and (...) new overtures are made into current findings in the Cognitive Sciences. All of this results in illuminating accounts that throw new light on traditional fundamental legal issues. This volume is a precursor in the powerful theorizing of the Cognitive Sciences that is being brought to bear in the Philosophy of Mind and in the theory of Law, and this theorizing will increase in the coming years. (shrink)