Neuronal activities have recently been reported to exhibit power-law scaling behavior. However, it has not been demonstrated that the power-law component can play an important role in human perceptual functions. Here, we demonstrate that the power spectrum of magnetoencephalograph recordings of brain activity varies in coordination with perception of subthreshold visual stimuli. We observed that perceptual performance could be better explained by modulation of the power-law component than by modulation of the peak power in (...) particular narrow frequency ranges. The results suggest that the brain operates in a state of self-organized criticality, modulating the power spectral exponent of its activity to optimize its internal state for response to external stimuli. (shrink)

Conservation Biologists have found that demographic stochasticity causes the mean time to extinction to increase exponentially with population size. This has proved helpful in analyses determining extinction times and characterizing the pathway to extinction. The aim of this investigation is to explore the possible interactions between environmental/demographic noises and the scaling effect of the mean population size with its variance, which is expected to follow Taylor’s power law relationship. We showed that the combined effects of environmental/demographic noises and (...) the scaling of population size variability interact with the population dynamics and affect the mean time to extinction. (shrink)

We have demonstrated, using the Cantor dust method, that the statistical distribution of appearance and disappearance of rodents species (Arvicolid rodent radiation in Europe) follows power laws strengthening the evidence for a fractal structure set. Self-similar laws have been used as model for the description of a huge number of biological systems. With Nottale we have shown that log-periodic behaviors of acceleration or deceleration can be applied to branching macroevolution, to the time sequences of major evolutionary leaps (global life (...) tree, sauropod and theropod dinosaurs postural structures, North American fossil equids, rodents, primates and echinoderms clades and human ontogeny). The Scale-Relativity Theory has others biological applications from linear with fractal behavior to non-linear and from classical mechanics to quantum mechanics. (shrink)

Jurisdiction, Scale and Governance: Chronotopes of Law develops a post-metaphysical framework for analyzing the spatio-temporal workings of law and other forms of governance. In this regard, it does not seek merely to combine analyses of legal temporality carried out by anthropologists with analyses of law and space carried out by geographers and socio-legal scholars. Adding two metaphysical abstractions together does not produce anything but somewhat more complex, but equally metaphysical, abstractions. After Kant, 'time' and 'space' are simply categories of human (...) understanding, not metaphysical entities. And, in this book Mariana Valverde develops an anti-metaphysical theoretical approach to law that aims not to theorize the world in general, but rather to be useful to researchers who seek to shed light on the actual workings of law and other forms of governance. Written by one of the foremost theorists in the area, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society. (shrink)

We present statistical analyses of the large‐scale structure of 3 types of semantic networks: word associations, WordNet, and Roget's Thesaurus. We show that they have a small‐world structure, characterized by sparse connectivity, short average path lengths between words, and strong local clustering. In addition, the distributions of the number of connections follow power laws that indicate a scale‐free pattern of connectivity, with most nodes having relatively few connections joined together through a small number of hubs with many connections. These (...) regularities have also been found in certain other complex natural networks, such as the World Wide Web, but they are not consistent with many conventional models of semantic organization, based on inheritance hierarchies, arbitrarily structured networks, or high‐dimensional vector spaces. We propose that these structures reflect the mechanisms by which semantic networks grow. We describe a simple model for semantic growth, in which each new word or concept is connected to an existing network by differentiating the connectivity pattern of an existing node. This model generates appropriate small‐world statistics and power‐law connectivity distributions, and it also suggests one possible mechanistic basis for the effects of learning history variables (age of acquisition, usage frequency) on behavioral performance in semantic processing tasks. (shrink)

The topic of "evil" means different things depending upon context. For some, it is an archaic term, while others view it as a central problem of ethics, psychology, or politics. Coupled with state power, the problem of evil takes on a special salience for most observers. When governments do evil -in whatever way we define the term - the scale of harm increases, sometimes exponentially. The evils of state violence, then, demand our attention and concern. Yet the linkage of (...) evil with state power does not resolve the underlying question of how to understand the concepts that we invoke when we use the term. Instead, the question becomes what evil means in the context of and in relation to state power. The fifteen essays in this book bring multiple perspectives to bear on the problems of state-sponsored evil and violence, and on the ways in which law enables or responds to them. The approaches and conclusions articulated by the various contributors sometimes complement and sometimes stand in tension with each other, but as a whole they contribute to our ongoing effort to understand the characteristics and workings of state power, and our need to grapple with the harm it causes. (shrink)

We present statistical analyses of the large‐scale structure of 3 types of semantic networks: word associations, WordNet, and Roget's Thesaurus. We show that they have a small‐world structure, characterized by sparse connectivity, short average path lengths between words, and strong local clustering. In addition, the distributions of the number of connections follow power laws that indicate a scale‐free pattern of connectivity, with most nodes having relatively few connections joined together through a small number of hubs with many connections. These (...) regularities have also been found in certain other complex natural networks, such as the World Wide Web, but they are not consistent with many conventional models of semantic organization, based on inheritance hierarchies, arbitrarily structured networks, or high‐dimensional vector spaces. We propose that these structures reflect the mechanisms by which semantic networks grow. We describe a simple model for semantic growth, in which each new word or concept is connected to an existing network by differentiating the connectivity pattern of an existing node. This model generates appropriate small‐world statistics and power‐law connectivity distributions, and it also suggests one possible mechanistic basis for the effects of learning history variables (age of acquisition, usage frequency) on behavioral performance in semantic processing tasks. (shrink)

Recent observations of power-law distributions in the connectivity of complex networks came as a big surprise to researchers steeped in the tradition of random networks. Even more surprising was the discovery that power-law distributions also characterize many biological and social networks. Many attributed a deep significance to this fact, inferring a “universal architecture” of complex systems. Closer examination, however, challenges the assumptions that (1) such distributions are special and (2) they signify a common architecture, independent of the system's (...) specifics. The real surprise, if any, is that power-law distributions are easy to generate, and by a variety of mechanisms. The architecture that results is not universal, but particular; it is determined by the actual constraints on the system in question. BioEssays 27:1060–1068, 2005. © 2005 Wiley Periodicals, Inc. (shrink)

We present statistical analyses of the large‐scale structure of 3 types of semantic networks: word associations, WordNet, and Roget's Thesaurus. We show that they have a small‐world structure, characterized by sparse connectivity, short average path lengths between words, and strong local clustering. In addition, the distributions of the number of connections follow power laws that indicate a scale‐free pattern of connectivity, with most nodes having relatively few connections joined together through a small number of hubs with many connections. These (...) regularities have also been found in certain other complex natural networks, such as the World Wide Web, but they are not consistent with many conventional models of semantic organization, based on inheritance hierarchies, arbitrarily structured networks, or high‐dimensional vector spaces. We propose that these structures reflect the mechanisms by which semantic networks grow. We describe a simple model for semantic growth, in which each new word or concept is connected to an existing network by differentiating the connectivity pattern of an existing node. This model generates appropriate small‐world statistics and power‐law connectivity distributions, and it also suggests one possible mechanistic basis for the effects of learning history variables (age of acquisition, usage frequency) on behavioral performance in semantic processing tasks. (shrink)

Recent observations of power-law distributions in the connectivity of complex networks came as a big surprise to researchers steeped in the tradition of random networks. Even more surprising was the discovery that power-law distributions also characterize many biological and social networks. Many attributed a deep significance to this fact, inferring a “universal architecture” of complex systems. Closer examination, however, challenges the assumptions that (1) such distributions are special and (2) they signify a common architecture, independent of the system's (...) specifics. The real surprise, if any, is that power-law distributions are easy to generate, and by a variety of mechanisms. The architecture that results is not universal, but particular; it is determined by the actual constraints on the system in question. BioEssays 27:1060–1068, 2005. © 2005 Wiley Periodicals, Inc. (shrink)

Law abidance is very important for effective leaders. Without law abidance, abuse of power and corruption would easily happen, which would eventually erode organizational health. To promote law abidance leadership in university students in Hong Kong, we developed a law abidance leadership program with 3 h of face-to-face lecture and 7 h of self-study of materials disturbed to students. To understand students’ perception of the 3-h lecture, we conducted a post-lecture evaluation study using a 26-item measure. Results showed that (...) the scale possessed good reliability and validity. Confirmatory factor analyses showed that the assessment tool has three internally consistent and factorial invariant dimensions: program attributes, appreciation of law abidance, and teacher attributes. Regarding students’ perception of the program, students were generally satisfied with the lecture attributes, including design, content, lecture atmosphere, teaching quality, and benefits to students. In particular, students agreed that the lecture helped them understand the importance and value of law abidance and national security; over 95% of the students indicated that they would try their best to serve as law-abiding citizens and socially responsible leaders. Multiple regression analyses showed that program attributes, appreciation of law abidance, and teacher attributes predicted overall satisfaction with the lecture. Qualitative comments of the student echoed the quantitative findings, with most of the comments being positive in nature. The present study replicated the findings reported previously. Local and international contextual factors relevant to the interpretations of the findings are highlighted. (shrink)

Linguistic choices have different attributions beyond their literal meaning according to their contexts. This paper looks at the variations in the discourses seen in the written colonial agreements and treaties during the Malabar conquest. The study employs the archived documents of various discourses during this period as a part of power shifting from the local elites to the colonial power. It explores how power is intertwined in the linguistic choices of different communication files. The study employs a (...) hybrid methodology of forensic linguistics and legal history. The analysis progresses in two phases: i) the linguistic attributions of power in the communications between the local elites and the colonial authorities and ii) the comparative analysis of variations in the linguistic choices by the colonial authorities correlating their varying power positions over the given period. It explores the dynamics of the linguistic choices of the local elites initially as a powerful entity in communication with the colonial authorities. The analysis shows a variation in the linguistic choices of the colonial authorities that suggests how they are used to reflect the power positions on a scale from weaker to powerful along the timeline. The paper argues that the linguistic choices of the colonial communication files aided them in projecting their power to society and assisted as one of the tools for reiterating their power position in various contexts. (shrink)

Nowadays, the power systems are getting more and more complicated because of the delays introduced by the communication networks. The existence of the delays usually leads to the degradation and/or instability of power system performance. On account of this point, the traditional load frequency control approach for power system sketches a destabilizing impact and an unacceptable system performance. Therefore, this paper proposes a new LFC based on adaptive integral second-order sliding mode control approach for the large-scale (...) class='Hi'>power system with communication delays. First, a new linear matrix inequality is derived to ensure the stability of whole power systems using Lyapunov stability theory. Second, an AISOSMC law is designed to ensure the finite time reachability of the system states. To the best of our knowledge, this is the first time the AISOSMC is designed for LFC of the LSPSwCD. In addition, the report of testing results presents that the suggested LFC based on AISOSMC can not only decrease effectively the frequency variation but also make successfully less in mount of power oscillation/fluctuation in tie-line exchange. (shrink)

Aggregating snippets from the semantic memories of many individuals may not yield a good map of an individual’s semantic memory. The authors analyze the structure of semantic networks that they sampled from individuals through a new snowball sampling paradigm during approximately 6 weeks of 1-hr daily sessions. The semantic networks of individuals have a small-world structure with short distances between words and high clustering. The distribution of links follows a power law truncated by an exponential cutoff, meaning that most (...) words are poorly connected and a minority of words has a high, although bounded, number of connections. Existing aggregate networks mirror the individual link distributions, and so they are not scale-free, as has been previously assumed; still, there are properties of individual structure that the aggregate networks do not reflect. A simulation of the new sampling process suggests that it can uncover the true structure of an individual’s semantic memory. (shrink)

The complex-systems approach to cognitive science seeks to move beyond the formalism of information exchange and to situate cognition within the broader formalism of energy flow. Changes in cognitive performance exhibit a fractal (i.e., power-law) relationship between size and time scale. These fractal fluctuations reflect the flow of energy at all scales governing cognition. Information transfer, as traditionally understood in the cognitive sciences, may be a subset of this multiscale energy flow. The cognitive system exhibits not just a single (...) power-law relationship between fluctuation size and time scale but actually exhibits many power-law relationships, whether over time or space. This change in fractal scaling, that is, multifractality, provides new insights into changes in energy flow through the cognitive system. We survey recent findings demonstrating the role of multifractality in (a) understanding atypical developmental outcomes, and (b) predicting cognitive change. We propose that multifractality provides insights into energy flows driving the emergence of cognitive structure. (shrink)

The neutrality of the art and architecture of courtrooms and courthouses has dominated the public perception in the Indian context. The courtroom design and the visual artistic elements present within these judicial places have very often been considered to be insignificant to the notions of law and justice that they reflect. As art and architecture present certain historical narratives, reflect political allegories and have significant impact on the perceptions of their viewers, they have critical socio-political ramifications. This makes it pertinent (...) to explore them and investigate the paradox of their deployment and interpretation in today’s increasingly mediatized world. Through an ethnographic study of the Supreme Court of India, this paper interprets its art and architecture, and, the symbolism and semiotics reflected through them. Arguing against their neutrality and insignificance, the paper demonstrates how they reflect nationalism, certain ideologies and power-space dynamics. It further argues that they act as evidence of political metaphors related to justice, power and democracy. With a conversation between law, architecture and semiotics, the paper investigates the historical and spatial dimensions of its architecture and artistic elements. Mapping the Court’s architectural elements, I examine how the visual representation of ‘justice as virtue’ finds translation in its design through transfer of certain images, including the image of the ‘scales of justice’, into it, while absenting the notion of ‘justice as struggle’—to contemplate on how legal architecture gives evidence to the vexed relationship between law and justice and also of the break from the colonial past. (shrink)

Making a first sketch of philosophical issues arising from European Community law I want to present a series of more or less obvious, and more or less interrelated dilemmas, or even 'double binds'. Deepening the community becomes incompatible with widening membership. National states seem both necessary for and obstructive in articulating transnational problems. The more democracy is needed as a warrant for the public exercise of political power in Europe, the more the very concept of democracy on a European (...) scale evades understanding. European unity presupposes a unifying rule of law, while member states have radically different conceptions of this principle. Even the very core of European integration, the common market, is subject to two conflicting and, indeed, incompatible doctrines of competition. In explaining the nature of each dilemma I will try to take my cue from the Maastricht Treaty wherever this seems suitable. Then I will elaborate on the jurisprudential problems involved in it. Finally, each section will be closed by an attempt to state the nature of these problems in philosophical terms. (shrink)

Making a first sketch of philosophical issues arising from European Community law I want to present a series of more or less obvious, and more or less interrelated dilemmas, or even ‘double binds’. (i) Deepening the community becomes incompatible with widening membership. (ii) National states seem both necessary for and obstructive in articulating transnational problems. (iii) The more democracy is needed as a warrant for the public exercise of political power in Europe, the more the very concept of democracy (...) on a European scale evades understanding. (iv) European unity presupposes a unifying rule of law, while member states have radically different conceptions of this principle. (v) Even the very core of European integration, the common market, is subject to two conflicting and, indeed, incompatible doctrines of competition. In explaining the nature of each dilemma I will try to take my cue from the Maastricht Treaty wherever this seems suitable. Then I will elaborate on the jurisprudential problems involved in it. Finally, each section will be closed by an attempt to state the nature of these problems in philosophical terms. (shrink)

Philosophers and scientists often describe theories, laws, and explanations as applying to the world at different 'levels'. The idea of a 'level of application' is often used to demarcate disciplinary or sub-disciplinary boundaries in the sciences. For instance, stoichiometric laws and quantum mechanical laws might be said to describe chemical phenomena at different levels. More generally, the idea of levels is used to distinguish more fundamental laws or theories from less fundamental ones: more fundamental theories are those that apply at (...) more fundamental levels. (shrink)

What makes the rule of law so special that it is to conscientiously punish the â oebadâ doers and reward the â oegoodâ onesâ "such that, where there is the rule of law, peace and order are to be expected, so that â oethe rule of law is better than the rule of any individualâ? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda and (...) Liberia, they have turned a blind eye to the major powers which have killedâ "on a much larger and more brutal scale, by comparisonâ "innocent civilians in Iraq and Afghanistan, just to cite two current examples. Contrary to the conventional wisdom conveniently held by many in human history, the rule of law has its other side which has not yet been systematically understood, such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe. Lest any misunderstanding hastily occur, this is not to imply that the rule of law is absolutely useless, or that the literature in jurisprudence (and other related fields like political philosophy, ethics, law and economics, and the sociology of law) should be dismissed because of its scholarly irrelevance. Of course, neither of these two extreme views is reasonable either. Instead, this book provides an alternative (better) way to understand the nature of law, in relation to its necessity and contingency in the context of justiceâ "while learning from different approaches in the literature but without favoring any one of them (nor integrating them, since they are not necessarily compatible with each other). In the process, this book offers a new theory to transcend the existing approaches in the literature in a new directionâ "in that, in the end, there is no justice without injustice and that it will be transcended too. This seminal project, if successful, will fundamentally change the way that we think about the nature of law, from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what I originally called its â oepost-humanâ fate. (shrink)

Consequences of world-scale anti-terrorism campaign (which included pre-emptive and coercive regime changes in Afghanistan and Iraq) equaled to or even exceeded consequences of the terrorist challenge itself, and must be analyzed as dialectically interfaced dual factor influencing international politics and law. This dual factor changes basic rules of international relations through wider employment of the principle of pre-emption (retaliation against perceived intentions, rather than against actions), and further blurring of national sovereignty resulting from more coercive interference of the international community (...) into domestic affairs of certain states and societies. Counter-terrorism is philosophically interpreted internationally as reestablishment and strengthening of the monopoly of a state onto use of force, while terrorism is accused for illegal use of force “for private political purposes”. Counter-terrorist practices return previously missing severe coercive sanctions in the international law, and are implemented on behalf of the international community. The problem is to assure both legality and legitimacy of applied measures, especially in situation when major world powers’ interests are split in elaboration of the UN SC decisions authorizing the internationalinterference into sovereign affairs of states. In fact, the very field of counter-terrorism becomes a field for projection and juxtaposing pragmatic interests of world powers. Classical contradiction between international law based on values and principles and pragmatic politics based on interests re-emerges in the area of terrorist challenges/antiterrorist responses. Counter-terrorist practices require as much legal regulation as do terrorist challenges themselves. (shrink)

We should now be able to come to some general conclusions about the main lines of Cuvier's development as a naturalist after his departure from Normandy. We have seen that Cuvier arrived in Paris aware of the importance of physiology in classification, yet without a fully worked out idea of how such an approach could organize a whole natural order. He was freshly receptive to the ideas of the new physiology developed by Xavier Bichat.Cuvier arrived in a Paris also torn (...) by many overlapping debates on the nature of classification, and in particular that between the natural and artificial systems. The very validity of the enterprise of classification was questioned in many quarters. Cuvier's achievement on his entry into the Parisian world of science was not simply to establish himself as a highly competent anatomist: far more important, he also began to use ideas from many different specialties to change completely the notion of what was involved in natural history.124 At the same time that he himself swung away from the guiding image of the field naturalist as the ideal of the specialty, he took ideas from the new physiology to answer questions about the order of the animal world, and from comparative anatomy to resurrect extinct creation — and to come to conclusions from that creation about the history of the forms of life and the manner of their succession. He showed himself able to alter the relationships between natural history and many other fields of study in a way that implied, rightly or wrongly, his own complete mastery over such a movement. Partly he was able to do this because the ideas he borrowed were not themselves logically articulated and thus could be easily adapted and refocused for many different specific purposes. The value of the heuristic possibilities inherent in the idea of life, for example, far outweighed its inability to generate full systems of classification. Cuvier also consistently refused to consider in science matters relating to the first causes of events. Freed from the consideration of first-order phenomena, he was able to use second-order explanations across a far wider field of applicability. Personal doubts about the validity of a theology that had used science in order to bolster its own claims were combined here with the strong influence of the Kantian critique of the limits of human reason.125Cuvier's characteristic mode of procedure was that of intellectual appropriation and a bold capacity for altering the relationships between different fields of knowledge, rather than, with the exception of taxonomy, the technique of expanding their subject matter. His claims to originality came, first, from this reappropriation and reorientation and, second, from the sheer scope of his work, which aimed at nothing less than the cataloging and classification of all animate objects.126 They rested also on his acute use of his assertion of a certain relationship with the past of his subject. Very often he would present this history in such a way as to obscure his own intellectual genealogy, and often too he would give differing accounts of the priority of use of an idea in order to distract attention from the questionable exactitude of his own claims to originality. Cuvier came to Paris at precisely the time when society and institutions were most profitably malleable for a newcomer; it was also a time when many scientific disciplines had reached a stage advanced in terms of their factual content, yet relatively inadequate in conceptual organization. They were ripe for takeover by large-scale organizing ideas such as the animal economy and the subordination of characteristics. Paleontology is a particularly good example of a specialty in this particular form of underdevelopment in 1795.Cuvier paid a high price for his initial success. His electic applications of large-scale organizing ideas tended to mean that little of his own work had complete coherence at all levels. Ideas, as we have seen, that proved capable of providing a complete reform of the larger groups of the animal kingdom were incapable of producing its detailed working-out in the taxonomy of smaller groups, which had to be supplied from observed analogical correlations. Further, his physiological approach to classification involved the breakdown of strict correspondence between organs and functions, which left the way open for workers such as Geoffroy St. Hilaire gradually to tilt the balance away from the study of the correlations of hierarchies of functions, and toward morphology as the basis of the order of nature. Cuvier's brilliant appropriations from physiology from the beginning, therefore, contained the seeds of conflict with Geoffroy.Cuvier's eclectic approach made it very nearly impossible for him to present a clear idea of the ways in which the life sciences could be said to be lawful. In spite of his efforts to assimilate them to the position of the physical sciences in this respect, he was forced in the end to accord only an ambiguous status as “laws” to observational correlations. From this area of failure came much of the attempt to give his own two laws — the correlation of parts and the subordination of characteristics — predictive qualities, particularly in relation to paleontological research.It is not surprising that Cuvier's title as the “legislator” of natural history should represent more a claim than a reality. How, then, was he able to emerge as the leading French naturalist of his day? First of all must be adduced the sheer scale of his undertakings. Then comes his expertise as a practical anatomist, and the range of different topics toward which he turned his interest. His collaborators cannot be given credit for his output nor, as we have seen, for slavish adherence to his ideas. Cuvier was able to successfully claim to have dominated the underdeveloped specialties, such as paleontology, and turned them into a major heuristic input into both geology and comparative anatomy; but in other fields, such as physiology, he appropriated concepts and encouraged research but made little impact on the field himself. His attempts in 1812 to head off, or neutralize and absorb the growth of morphological studies landed him in a dangerously rigid position, which despite his encouragement of the new physiological research under the Restoration made further elaboration of his own conceptual underpinnings almost impossible.Cuvier's authority in the scientific world would in any case have been great because of his substantive achievement in taxonomy, but the rest of his work had enough ambiguities and dislocations for it to need the support of his political and social power. Cuvier's detractors seized on a vital fragment of the truth when they accused him of finding the political dimension all-important: it obscured the disjunctions in his theories and at the same time gave him the authority to make new claims for the status of the observational sciences - and for their relations of power with their surrounding specialties. Cuvier's science both thrived on and was halted by the power games of intellectual appropriation, manipulation of the past to confirm the present, and continual claims for hegemony. (shrink)

Fractal structure is a ubiquitous property found in nature and biology, and has been observed in processes at different levels of organization, including rhythmic behavior and musical structure. A temporal process is characterized as fractal when serial long-term correlations and statistical self-similarity (scaling) are present. Previous studies of sensorimotor synchronization using isochronous (non-fractal) stimuli show that participants' errors exhibit persistent structure (positive long-term correlations), while their inter-tap intervals (ITIs) exhibit anti-persistent structure (negative long-term correlations). Auditory-motor synchronization has not been (...) investigated with anti-persistent stimuli. In the current study, we systematically investigated whether the fractal structure of auditory rhythms was reflected in the responses of participants who were asked to coordinate their taps with each event. We asked musicians and non-musicians to tap with 12 different rhythms that ranged from anti-persistent to persistent. The scaling exponents of the ITIs were strongly correlated with the scaling exponents of the stimuli, showing that the long-term structure of the participants' taps scaled with the long-term structure of the stimuli. Surprisingly, the performance of the musicians was not significantly better than that of the non-musicians. Our results imply that humans are able to readily adapt (rather than simply react) to the overall statistical structure of temporally fluctuating stimuli, regardless of musical skill. (shrink)

Bartky explores some subtle features of legal institutions that obstruct women’s attempts to use the law to diminish domestic violence. To begin with, legal practice is embodied in buildings of intimidating size and scale. In addition, law is practiced in forms of language that are inaccessible to ordinary women. Furthermore, judges and lawyers may abuse their power, intimidate the women who seek their help, and collude with each other in virtue of gender or class connections that the women do (...) not share. Insofar as women are unable to gain redress from the legal system for the domestic violence they suffer, they fall outside the citizenship protection of the Social Contract, argues Bartky, and are effectively returned to the state of nature. (shrink)

Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments. The book examines the public discourse regarding technological risk in World War II texts of unconditional surrender, in the World Trade Organisation's EC-Biotech dispute, and in the International Court of Justices' Nuclear Weapons Advisory Opinion. The volume describes international law in terms of its management of, and relation to, the risks associated with technological innovation in war and in trade. (...) It proposes that international law, too, is itself a kind of technology: one intended to manage the material and existential risks inherent in the creation of a new international, postcolonial, political community emerging out of the Second World War. Members of this community are imagined to possess a universal quality: humanness, which itself is underscored by a power of invention. Yoriko Otomo demonstrates how international lawyers' inability to adjudicate questions of large-scale technological risk is due to the competing and intractable claims of international law.Offering a feminist analysis of the political economy that has created this crisis of governance, the book provides a way of understanding the structural inequities that will need to be addressed if international law is to remain a relevant forum for the adjudication of war and trade into the 21st century. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

This paper proposes a sender-receiver model to explain two large-scale patterns observed in natural languages: Zipf’s inverse power law relating the frequency of word use and word rank, and the negative correlation between the frequency of word use and rate of lexical change. Computer simulations show that the model recreates Zipf’s inverse power law and the negative correlation between signal frequency and rate of change, provided that agents balance the rates with which they invent new signals and forget (...) old ones. Results are robust across a wide range of parameter values and structural assumptions, such as different forgetting rules and forgetting rates. Analysis of the model further suggests that Zipf’s law relating word frequency and rank arises because of language-external factors and that frequent signals change less because frequent signals are less subject to drift than rare ones. The paper concludes with some brief considerations on model-based and data-driven approaches in philosophy. (shrink)

We present a model for genome evolution, comprising biologically plausible events such as transpositions inside the genome and insertions of exogenous sequences. This model attempts to formulate a minimal proposition accounting for key statistical properties of genomes, avoiding, as far as possible, unsupportable hypotheses for the remote evolutionary past. The statistical properties that are observed in genomic sequences and are reproduced by the proposed model are: (i) deviations from randomness at different length scales, measured by suitable algorithms, (ii) a special (...) form of size distribution (power law distribution) characterising different levels of genome organisation in the non‐coding, and (iii) extensive resemblance in the alternation of coding and non‐coding regions at several length scales (self‐similarity) in long genomic sequences of higher eukaryotes. BioEssays 23:647–656, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

The origins of U.S. corporate taxation are often associated with the 1909 corporate excise tax. Scholars who have investigated the beginnings of this levy have mainly focused on the legislative history of the 1909 corporate tax to argue that it was either an expression of the Progressive Era impulse to regulate large-scale corporations or an attempt to use corporations as remittance devices to collect taxes aimed at wealthy shareholders. This Article broadens the conventional historical accounts of the emergence of American (...) corporate taxation by revisiting the 1909 U.S. corporate tax from a comparative perspective. The aim is to look both below and beyond the American nation-state to determine how and why U.S. state governments and other Western industrialized nations tried to tax corporations at the turn of the twentieth century. This Article investigates a small slice of subnational and transnational comparative examples: corporate tax laws and policies in a few representative nineteenth-century industrializing American states, and in turn-of-the-century England and Germany. Building on the well-known insights of comparative business history, this Article contends that historically-determined political interests, social ideas, and cultural beliefs help explain the American obsession with disciplining large-scale business corporations through the use of nominally punitive tax laws and policies. Comparative-historical analysis shows how differences in the organizational structures of big businesses across place and time have led to variations in political economy that were ultimately expressed in the legal ideas and cultural attitudes toward corporate capitalism. These variations, in turn, shaped the transnational distinctions in corporate tax law and policies. Greater attention to the comparative-historical development of law and political economy may help us understand the stubborn persistence of American corporate taxation, particularly in the face of recent global changes and the relentless economic critiques of the double taxation of corporate income. (shrink)

Indicators of food sovereignty and food democracy center on people having the right and ability to define their food polices and strategies with respect to food culture, food security, sustainability and use of natural resources. Yet food sovereignty, like democracy, exists on multiple and competing scales, and policymakers and citizens often have different agendas and priorities. In passing a ban on the use of genetically-modified seeds in agriculture, Jackson County, Oregon has obtained some measure of food sovereignty. Between 2016 and (...) 2017 ethnographic research was undertaken in rural Southern Oregon where local community and State of Oregon priorities regarding the use of GMO crops are in conflict. This article presents ethnographic research findings about the expression and negotiation of multiple food sovereignties by civil society in rural southern Oregon and the State of Oregon via democratic processes. In particular, these findings illustrate the effects of socio-political power dynamics on local and state acts of food sovereignty, democracy and agrifood policy by analyzing what the different expressions of food sovereignty reveal for its implementation at the local level. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his (...) earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)

In order to understand the transmission of a disease across a population we will have to understand not only the dynamics of contact infection but the transfer of health-care beliefs and resulting health-care behaviors across that population. This paper is a first step in that direction, focusing on the contrasting role of linkage or isolation between sub-networks in (a) contact infection and (b) belief transfer. Using both analytical tools and agent-based simulations we show that it is the structure of a (...) network that is primary for predicting contact infection—whether the networks or sub-networks at issue are distributed ring networks or total networks (hubs, wheels, small world, random, or scale-free for example). Measured in terms of time to total infection, degree of linkage between sub-networks plays a minor role. The case of belief is importantly different. Using a simplified model of belief reinforcement, and measuring belief transfer in terms of time to community consensus, we show that degree of linkage between sub-networks plays a major role in social communication of beliefs. Here, in contrast to the case of contract infection, network type turns out to be of relatively minor importance. What you believe travels differently. In a final section we show that the pattern of belief transfer exhibits a classic power law regardless of the type of network involved. (shrink)

This paper proposes a sender-receiver model to explain two large-scale patterns observed in natural languages: Zipf’s inverse power law relating the frequency of word use and word rank, and the negative correlation between the frequency of word use and rate of lexical change. Computer simulations show that the model recreates Zipf’s inverse power law and the negative correlation between signal frequency and rate of change, provided that agents balance the rates with which they invent new signals and forget (...) old ones. Results are robust across a wide range of parameter values and structural assumptions, such as different forgetting rules and forgetting rates. Analysis of the model further suggests that Zipf’s law relating word frequency and rank arises because of language-external factors and that frequent signals change less because frequent signals are less subject to drift than rare ones. The paper concludes with some brief considerations on model-based and data-driven approaches in philosophy. (shrink)

Capturing the interrelations among risks is essential to thoroughly understand and promote coal mining safety. From this standpoint, 105 risks and 135 interrelations among risks had been identified from 126 typical accidents, which were also the foundation of constructing coal mine risk network. Based on the complex network theory and Pajek, six parameters were employed to reveal the topological properties of CMRN. As indicated by the results, CMRN possesses scale-free network property because its cumulative degree distribution obeys power-law distribution. (...) This means that CMRN is robust to random hazard and vulnerable to deliberate attack. CMRN is also a small-world network due to its relatively small average path length as well as high clustering coefficient, implying that accident propagation in CMRN is faster than regular network. Furthermore, the effect of risk control is explored. According to the result, it shows that roof collapse, fire, and gas concentration exceeding limit refer to three most valuable targets for risk control among all the risks. This study will help offer recommendations and proposals for making beforehand strategies that can restrain original risks and reduce accidents. (shrink)

Through structural analysis of 8-year tag networks from online knowledge-sharing platforms, this study finds that, with the scale of tag networks growing quickly, the growth trend of number edges indicates that tag network follows densification law. The clustering coefficient and the average shortest path of the network show that the rapid growth of network size does not bring about the compartmentalization of the knowledge network, and the degree distribution of tag networks shows a truncated power-law distribution. According to the (...) structural characteristics of the tag network, this study proposes a tag network model based on the BA model. Based on the preference attachment, the triadic closure mechanism is employed to construct the edges between the old nodes, which revises the limitation that the BA model only connects edges between old and new nodes. The results show that the simulation model matches the actual tag network structure well. The generation mechanism of the tag network model provides a reference for understanding the knowledge construction process of the online knowledge-sharing platform to a certain extent. (shrink)

Speech sounds are an essential vehicle of information exchange and meaning expression in approximately 7,000 spoken languages in the world. What functional constraints and evolutionary mechanisms lie behind linguistic diversity of sound systems is under ongoing debate; in particular, it remains conflicting whether there exists any universal relationship between these constraints despite of diverse sounds systems cross-linguistically. Here, we conducted cross-linguistic typological and phylogenetic analyses to address the characteristics of constraints on linguistic diversity of vowel systems. First, the typological analysis (...) revealed a power-law based dependence between the global structural dispersion and the local focalization of vowel systems and validated that such dependence was independent of geographic region, language family, and linguistic affiliation. Second, the phylogenetic analysis further illustrated that the observed dependence resulted from correlated evolutions of these two structural properties, which proceeded in an adaptive process. These results provide empirical evidence that self-organization mechanisms helped shape vowel systems and common functional constraints took effect on the evolution of vowel systems in the world’s languages. (shrink)

The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked to (...) justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful. (shrink)

We introduce the notion of complexity, first at an intuitive level and then in relatively more concrete terms, explaining the various characteristic features of complex systems with examples. There exists a vast literature on complexity, and our exposition is intended to be an elementary introduction, meant for a broad audience. -/- Briefly, a complex system is one whose description involves a hierarchy of levels, where each level is made of a large number of components interacting among themselves. The time evolution (...) of such a system is of a complex nature, depending on the interactions among subsystems in the next level below the one under consideration and, at the same time, conditioned by the level above, where the latter sets the context for the evolution. Generally speaking, the interactions among the constituents of the various levels lead to a dynamics characterized by numerous characteristic scales, each level having its own set of scales. What is more, a level commonly exhibits ‘emergent properties’ that cannot be derived from considerations relating to its component systems taken in isolation or to those in a different contextual setting. In the dynamic evolution of some particular level, there occurs a self-organized emergence of a higher level and the process is repeated at still higher levels. -/- The interaction and self-organization of the components of a complex system follow the principle commonly expressed by saying that the ‘whole is different from the sum of the parts’. In the case of systems whose behavior can be expressed mathematically in terms of differential equations this means that the interactions are nonlinear in nature. -/- While all of the above features are not universally exhibited by complex systems, these are nevertheless indicative of a broad commonness relative to which individual systems can be described and analyzed. There exist measures of complexity which, once again, are not of universal applicability, being more heuristic than exact. The present state of knowledge and understanding of complex systems is itself an emerging one. Still, a large number of results on various systems can be related to their complex character, making complexity an immensely fertile concept in the study of natural, biological, and social phenomena. -/- All this puts a very definite limitation on the complete description of a complex system as a whole since such a system can be precisely described only contextually, relative to some particular level, where emergent properties rule out an exact description of more than one levels within a common framework. -/- We discuss the implications of these observations in the context of our conception of the so-called noumenal reality that has a mind-independent existence and is perceived by us in the form of the phenomenal reality. The latter is derived from the former by means of our perceptions and interpretations, and our efforts at sorting out and making sense of the bewildering complexity of reality takes the form of incessant processes of inference that lead to theories. Strictly speaking, theories apply to models that are constructed as idealized versions of parts of reality, within which inferences and abstractions can be carried out meaningfully, enabling us to construct the theories. -/- There exists a correspondence between the phenomenal and the noumenal realities in terms of events and their correlations, where these are experienced as the complex behavior of systems or entities of various descriptions. The infinite diversity of behavior of systems in the phenomenal world are explained within specified contexts by theories. The latter are constructs generated in our ceaseless attempts at interpreting the world, and the question arises as to whether these are reflections of `laws of nature' residing in the noumenal world. This is a fundamental concern of scientific realism, within the fold of which there exists a trend towards the assumption that theories express truths about the noumenal reality. We examine this assumption (referred to as a ‘point of view’ in the present essay) closely and indicate that an alternative point of view is also consistent within the broad framework of scientific realism. This is the view that theories are domain-specific and contextual, and that these are arrived at by independent processes of inference and abstractions in the various domains of experience. Theories in contiguous domains of experience dovetail and interpenetrate with one another, and bear the responsibility of correctly explaining our observations within these domains. -/- With accumulating experience, theories get revised and the network of our theories of the world acquires a complex structure, exhibiting a complex evolution. There exists a tendency within the fold of scientific realism of interpreting this complex evolution in rather simple terms, where one assumes (this, again, is a point of view) that theories tend more and more closely to truths about Nature and, what is more, progress towards an all-embracing ‘ultimate theory’ -- a foundational one in respect of all our inquiries into nature. We examine this point of view closely and outline the alternative view -- one broadly consistent with scientific realism -- that there is no ‘ultimate’ law of nature, that theories do not correspond to truths inherent in reality, and that successive revisions in theory do not lead monotonically to some ultimate truth. Instead, the theories generated in succession are incommensurate with each other, testifying to the fact that a theory gives us a perspective view of some part of reality, arrived at contextually. Instead of resembling a monotonically converging series successive theories are analogous to asymptotic series. -/- Before we summarize all the above considerations, we briefly address the issue of the complexity of the {\it human mind} -- one as pervasive as the complexity of Nature at large. The complexity of the mind is related to the complexity of the underlying neuronal organization in the brain, which operates within a larger biological context, its activities being modulated by other physiological systems, notably the one involving a host of chemical messengers. The mind, with no materiality of its own, is nevertheless emergent from the activity of interacting neuronal assemblies in the brain. As in the case of reality at large, there can be no ultimate theory of the mind, from which one can explain and predict the entire spectrum of human behavior, which is an infinitely rich and diverse one. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his (...) earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)