Background There is a growing concern about artificial intelligence (AI) applications in healthcare that can disadvantage already under-represented and marginalised groups (eg, based on gender or race). Objectives Our objectives are to canvas the range of strategies stakeholders endorse in attempting to mitigate algorithmic bias, and to consider the ethical question of responsibility for algorithmic bias. Methodology The study involves in-depth, semistructured interviews with healthcare workers, screening programme managers, consumer health representatives, regulators, data scientists and developers. Results Findings reveal considerable (...) divergent views on three key issues. First, views on whether bias is a problem in healthcare AI varied, with most participants agreeing bias is a problem (which we call the bias-critical view), a small number believing the opposite (the bias-denial view), and some arguing that the benefits of AI outweigh any harms or wrongs arising from the bias problem (the bias-apologist view). Second, there was a disagreement on the strategies to mitigate bias, and who is responsible for such strategies. Finally, there were divergent views on whether to include or exclude sociocultural identifiers (eg, race, ethnicity or gender-diverse identities) in the development of AI as a way to mitigate bias. Conclusion/significance Based on the views of participants, we set out responses that stakeholders might pursue, including greater interdisciplinary collaboration, tailored stakeholder engagement activities, empirical studies to understand algorithmic bias and strategies to modify dominant approaches in AI development such as the use of participatory methods, and increased diversity and inclusion in research teams and research participant recruitment and selection. (shrink)

We present results concerning winning strategies and tactics in club games on [MATHEMATICAL SCRIPT CAPITAL P]math imageλ. We show that there is generally no winning tactic for the player trying to get inside the club. The bound-countable game turns out to be rather fruitful and adds to some previous results about the construction of elementary substructures and their localization in certain intervals. We show that Player II has a winning strategy in the bound-countable game, thus establishing (...) a new ZFC result. The applications given are new proofs for two cardinal diamonds and the impossibility of collapsing cardinals to ℵ2 under certain conditions. (shrink)

Game theory is usually considered applied mathematics, but a few game‐theoretic results, such as Borel determinacy, were developed by mathematicians for mathematics in a broad sense. These results usually state determinacy, i.e., the existence of a winning strategy in games that involve two players and two outcomes saying who wins. In a multi‐outcome setting, the notion of winning strategy is irrelevant yet usually replaced faithfully with the notion of (pure) Nash equilibrium. This article shows that every (...) determinacy result over an arbitrary game structure, e.g., a tree, is transferable into existence of multi‐outcome (pure) Nash equilibrium over the same game structure. The equilibrium‐transfer theorem requires cardinal or order‐theoretic conditions on the strategy sets and the preferences, respectively, whereas counter‐examples show that every requirement is relevant, albeit possibly improvable. When the outcomes are finitely many, the proof provides an algorithm computing a Nash equilibrium without significant complexity loss compared to the two‐outcome case. As examples of application, this article generalises Borel determinacy, positional determinacy of parity games, and finite‐memory determinacy of Muller games. (shrink)

This article suggests a ‘best alternative' justification of induction (in the sense of Reichenbach) which is based on meta-induction . The meta-inductivist applies the principle of induction to all competing prediction methods which are accessible to her. It is demonstrated, and illustrated by computer simulations, that there exist meta-inductivistic prediction strategies whose success is approximately optimal among all accessible prediction methods in arbitrary possible worlds, and which dominate the success of every noninductive prediction strategy. The proposed justification of meta-induction (...) is mathematically analytical. It implies, however, an a posteriori justification of object-induction based on the experiences in our world. *Received November 2005; revised March 2008. †To contact the author, please write to: Department of Philosophy, University of Duesseldorf, Universitaetsstrasse 1, Geb. 23.21, Duesseldorf, Germany D-40225; e-mail: [email protected]. (shrink)

We extend Gurevich-Harrington's Restricted Memory Determinacy Theorem), which served in their paper as a tool to give their celebrated “short proof” of Robin's decision method for S2S. We generalize the determinacy problem by attaching to the game two opposing strategies called restraints, and by asking “which player has a strategy which is a refinement of the restraint for the player and such that it wins the game against the restraint of the opponent?” We give a solution for the Determinacy (...) with Restraints Problem in the class of strategies with restricted memory for the GH games. The solution includes a criterion for the winning player and an explicit class of winning strategies. A determinacy result which includes similar information was first discovered by Büchi and Landweber and extended by Büchi . However, these pioneering works do not consider the determinacy with restraints. Also, the explicit presentation of winning strategies in these insightful papers does not emphasize their modular construction as do GH's and our proofs. In our view, this is a source of a difficulty in understanding these papers. Games with restraints and modular construction of winning strategies have applications to the semantics, development and verification of concurrent programs. A concurrent program can be viewed as a strategy in a certain game and a program specification can be regarded as a combination of a winning condition and restraints for the game , A. Yakhnis and V. Yakhnis ). The modularity of a winning strategyfor the game helps to generate a concurrent program from the strategy that satisfies the specification ). It turns out that such program specification requirements as mutual exclusion and an absence of a lockout or a deadlock are naturally represented as Büchi's or Gurevich-Harrington's winning conditions. The present paper can be read independently of the paper by Gurevich and Harrington. (shrink)

In 1979, following a military coup, President Zia-ul-Haq sought to foment his power by ‘Islamizing’ Pakistan. Among other policies, he enacted the Hudood Ordinances to codify classical Islamic fiqh on criminal law, including the controversial Zina Ordinance (“Ordinance”) which criminalizes sex outside of marriage. Shortly after its passing, the Ordinance led to the unjust incarceration of thousands of low-income women across the country. Decrying the law as violence against women, human rights supporters around the world demanded reform. Finally, in 2006, (...) Pakistan passed the Protection of Women Act (PWA) that amended the Ordinance, rendering the law procedurally toothless. Still, reforms left the substance of the Ordinance intact, giving men license to take the law into their own hands with effective impunity, leading to a rise in honor killings. Given the need for repeal of the Ordinance, this paper looks to lessons learned from the successes and failures of the 2006 reform to propose a strategy for the future. The 2006 reform adopted an apologetic ‘pragmatic reformist’ approach, building a coalition of conservative Islamists and secularists behind an incremental policy shift. This paper proposes that for a more substantive change that is still effective, the women’s rights movement should shift away from the purely secular or purely Islamic approach to espouse secularism and human rights but using an Islamic rationale, shifting societal attitudes from within the tradition. Doing this, I echo arguments made by reformist-activists Abdullahi An’Naim and Ziba Mir-Hosseini among others as well as adopt the approach of the Supreme Court of Pakistan, the High Courts, and the Federal Shariat Court (FSC) themselves in their attempts to reconcile Pakistan’s constitutional commitments to both human rights and Islamic law. Such a strategy, I posit, is slow but both effective and long-lasting. (shrink)

In the December 2006 edition of Harvard Business Review, Michael Porter and Mark Kramer argue that by approaching corporate social responsibility (CSR) based on corporate priorities, strengths and abilities, firms can develop socially and fiscally responsible solutions to current CSR issues, which will provide operational and competitive advantages. We agree that an effective approach to CSR includes a mapping of strategy, risk and opportunity. However, we also caution that the identification of these to the exclusion of societal input may (...) not be to the corporation's advantage. Instead, an investment in both strategic analysis and social capital can pay off from a social and an organizational standpoint. Compared with their larger counterparts, small‐ and medium‐sized enterprises (SMEs) frequently have stronger relationships with their internal and external stakeholders that foster the development of social capital. As such, we believe that the sector offers a unique opportunity to identify additional models and frameworks in order to approach a strategic CSR model as espoused by Porter and Kramer. This paper explores a case study of one Canadian SME that uses a community development framework called Asset Based Community Development (ABCD) for its CSR programming. Because ABCD relies heavily on the development and maintenance of social capital and can be utilized to attain set objectives, we propose that it provides a supplementary framework through which the arguments of Porter and Kramer can be expanded. In applying the ABCD framework for CSR, we can begin to establish a programme that supports strategy, integrates employees and stakeholders towards a common vision, and creates unique and sustainable alternatives towards the resolution of social and corporate goals. (shrink)

In the December 2006 edition of Harvard Business Review , Michael Porter and Mark Kramer argue that by approaching corporate social responsibility (CSR) based on corporate priorities, strengths and abilities, firms can develop socially and fiscally responsible solutions to current CSR issues, which will provide operational and competitive advantages. We agree that an effective approach to CSR includes a mapping of strategy, risk and opportunity. However, we also caution that the identification of these to the exclusion of societal input (...) may not be to the corporation's advantage. Instead, an investment in both strategic analysis and social capital can pay off from a social and an organizational standpoint. Compared with their larger counterparts, small- and medium-sized enterprises (SMEs) frequently have stronger relationships with their internal and external stakeholders that foster the development of social capital. As such, we believe that the sector offers a unique opportunity to identify additional models and frameworks in order to approach a strategic CSR model as espoused by Porter and Kramer. This paper explores a case study of one Canadian SME that uses a community development framework called Asset Based Community Development (ABCD) for its CSR programming. Because ABCD relies heavily on the development and maintenance of social capital and can be utilized to attain set objectives, we propose that it provides a supplementary framework through which the arguments of Porter and Kramer can be expanded. In applying the ABCD framework for CSR, we can begin to establish a programme that supports strategy, integrates employees and stakeholders towards a common vision, and creates unique and sustainable alternatives towards the resolution of social and corporate goals. (shrink)

Inexpressibility results in Finite Model Theory are often proved by showing that Duplicator, one of the two players of an Ehrenfeucht game, has a winning strategy on certain structures.In this article a new method is introduced that allows, under certain conditions, the extension of a winning strategy of Duplicator on some small parts of two finite structures to a global winning strategy.As applications of this technique it is shown that • — Graph Connectivity is (...) not expressible in existential monadic second-order logic , even in the presence of a built-in linear order,• — Graph Connectivity is not expressible in MonNP even in the presence of arbitrary built-in relations of degree n0, and• — the presence of a built-in linear order gives MonNP more expressive power than the presence of a built-in successor relation. (shrink)

In this paper, I argue that what counts as the proper function of a trait is a matter of the de facto perspective that the biological system, itself, possesses on what counts as proper functioning for that trait. Unlike non-perspectival accounts, internal perspectivalism does not succumb to generality problems. But unlike external perspectivalism, internal perspectivalism can provide a fully naturalistic, mind-independent grounding of proper function and natural norms. The attribution of perspectives to biological systems is intended to be neither metaphorical (...) nor anthropomorphic: I do not mean to imply that such systems thereby must possess agency, cognition, intentions, concepts, or mental or psychological states. Instead, such systems provide the grounding for norms of performance when they internally enforce their own standard of (i.e., their own perspective on) what constitutes proper functioning or malfunctioning. By operating with a fixed, determinate level of generality, such systems provide the basis for an account of proper function that is immune to generality problems. (shrink)

HIV infection and AIDS create many dilemmas in Chinese AIDS/HIV prevention policy. A strategy of clinical tolerance is proposed to address these dilemmas. The immediate purpose of the strategy of clinical tolerance is to win the cooperation of members of stigmatized groups at high risk for contracting HIV infection and AIDS, which occurs as a result of acts done in private and thus beyond the reach of regulation. The strategy of clinical tolerance differs from both tolerance as (...) liberal tolerance and tolerance as a moral ideal of tolerance. A strategy of clinical tolerance does not ask the government, health worker, health official or the public to change either laws or the disapproval of prostitution, homosexuality and drug use. A strategy of clinical tolerance asks, instead, that we weigh what we may regard as the wrong involved in prostitution, homosexuality, and drug use against the greater evil of an HIV/AIDS epidemic. A strategy of clinical tolerance offers the most effective and practical way to confront a growing and significant public health problem in China. (shrink)

Rebate has long been a crucial tool that has attracted researchers from a diverse range of fields including marketing and supply chain management. When a manufacturer uses a retailer for reaching end customers, the rebate strategy undertakes an additional dimension. Here we show whether the two rebate strategies, manufacturer rebate and channel rebate, can be the optimal choice for the manufacturer and the retailer. And we aim at full coordination with rebate. Game theory is exploited to identify the equilibrium (...) rebate decisions, which are fully characterized with two rebate strategies considering rebate sensitivity. Furthermore, we demonstrate how the decisions depend on parameters, such as market size, rebate redemption rate, and competition intensity in monopoly and duopoly supply chain systems. Our work also coordinates the supply chain with two coordination policies and examines if they can achieve full coordination. Counterintuitive findings suggest that the channel rebate with sensitivity and discrimination is not effective and the manufacturer rebate is the unique optimal option. Besides, the coordination can be realized with a centralized rebate in monopoly setting when the manufacturer forgoes her own interest. Then full coordination can be achieved in duopoly setting with a new coordination policy, rebate combination, given the redemption rate for the channel rebate is lower compared with the manufacturer rebate. Managerial insights are suggested that offering rebates with discrimination can have significant inventory and coordination policy implications and can lead to a double win under a well-controlled redemption rate. (shrink)

In 1996, the Land and Water Fund of the Rockies (LAW Fund), a nonprofit environmental lawand policy center based in Boulder, Colorado, released How the West Can Win: A Blueprint for a Clean and Affordable Energy Future. The blueprint found that rapid growth in the West would lead to another round of fossil fuel–fired power plants and the associated environmental impacts unless policy makers changed course toward a more sustainable energy future. The study provided a set of strategies that lawmakers, (...) regulators, and other stakeholders could use to help implement such a course change. It is concluded that the blueprint’s recommendations are even more salient than they were 5 years ago. The article leads off with an overview of changes in the electric industry over the past 5 years in the interior West and concludes with a review of the executive summary of the LAW Fund’s 1996 report, the policy directives of which remain valid today. (shrink)

Timeless techniques of effective public speaking from ancient Rome's greatest orator All of us are faced countless times with the challenge of persuading others, whether we're trying to win a trivial argument with a friend or convince our coworkers about an important decision. Instead of relying on untrained instinct—and often floundering or failing as a result—we’d win more arguments if we learned the timeless art of verbal persuasion, rhetoric. How to Win an Argument gathers the rhetorical wisdom of Cicero, ancient (...) Rome’s greatest orator, from across his works and combines it with passages from his legal and political speeches to show his powerful techniques in action. The result is an enlightening and entertaining practical introduction to the secrets of persuasive speaking and writing—including strategies that are just as effective in today’s offices, schools, courts, and political debates as they were in the Roman forum. How to Win an Argument addresses proof based on rational argumentation, character, and emotion; the parts of a speech; the plain, middle, and grand styles; how to persuade no matter what audience or circumstances you face; and more. Cicero’s words are presented in lively translations, with illuminating introductions; the book also features a brief biography of Cicero, a glossary, suggestions for further reading, and an appendix of the original Latin texts. Astonishingly relevant, this unique anthology of Cicero’s rhetorical and oratorical wisdom will be enjoyed by anyone who ever needs to win arguments and influence people—in other words, all of us. (shrink)

Coalition announcement logic is one of the family of the logics of quantified announcements. It allows us to reason about what a coalition of agents can achieve by making announcements in the setting where the anti-coalition may have an announcement of their own to preclude the former from reaching its epistemic goals. In this paper, we describe a PSPACE-complete model checking algorithm for CAL that produces winning strategies for coalitions. The algorithm is implemented in a proof-of-concept model checker.

Joaquin Segura. Untitled (fig. 40) . 2007 continent. 1.2 (2011): 117-124. The interview that follows is a dialogue between artist and gallerist with the intent of unearthing the artist’s working strategies for a general public. Joaquin Segura is at once an anomaly in Mexico’s contemporary art scene at the same time as he is one of the most emblematic representatives of a larger shift toward a post-national identity among its youngest generation of artists. If Mexico looks increasingly like a foreclosed (...) home burning to the ground, Segura could likely be the one walking away, charred matchstick between thumb and forefinger and shit-eating grin on his face. His corrosive attacks on institutions, ideologies, and power reflect a deep general distrust of authority, increasingly evident within the work of younger Mexican artists. It is perhaps most directly the result of President Calderon’s deeply unpopular war against the cartels but no doubt equally the product of decades upon decades of rampant corruption and errant policy within Mexico. Brett W Schultz (BWS): A recurring—if not dominant—theme within your current work and investigation explores ideological extremism in reaction to some perceived political and economic disenfranchisement, especially that espoused and practiced by right-wing groups in United States. That's exactly why I thought of you when I was approached to contribute a piece to an issue on the subject of the moraine—taken metaphorically here to signify a certain set of beliefs that have resurfaced within mainstream American culture in the wake of a probably over-exaggerated political sea-change, marked by Obama's election. You're a Mexican artist who now lives and works in Guadalajara, far from the border cities where such concerns would seem more likely to be relevant to a contemporary artist; of course, you're even farther from the culture that birthed this nature of extremism. What interests you so intensely about this movement, if we can call it that? Joaquin Segura (JS): I think there are several seminal points that you touch on in this particular question. There's a very specific set of interests that make me address the socio-political issues I've been dissecting through my practice in the last few years. First of all, I don't really consider myself a 'mexican' artist. As I've made clear in the past, I don't really believe in the notion of 'identity' or the idea of 'nation', which I find totally laughable and heartwarmingly passé. I'm convinced that these are totally outdated models of understanding our differences and similarities, expanding our already immense and irreconcilable cultural abysses instead of bringing them together, thus resulting in their total dispersion among the complex and extremely arbitrary weaving of contemporary social nucleii. Pretty much a frankly bad joke, if I may say so. The fact that I live and work in Mexico is a completely random geographical and temporal factor, which of course affects what I think and what I do, but I've chosen not to be limited by this specific circumstance. In the past, while working abroad, I've taken advantage of this preconception of Mexico—to be more exact, pretty much all of Latin America—as one of the last barbaric bastions of western civilization. Totally amusing, if you ask me about it. I consider my practice to be, among other things, a gonzo strategy of deceit: there are quite a few roles you can adopt in this approach that may actually reveal themselves to be a privileged vantage point. In my experience, the gentle savage is one of the most effective ones to establish my standing position. Thus, I'm a mexican artist if I need it to prove my point. If it's not necessary in a specific circumstance, I'm not. Quite simple, I think. Said in other words, it's just an ace I can play to win a particular match. It has worked so far, at least for me. L: Hey, America… , 2009. R: The Inaugural Address , 2009. I am interested in the nature of power and the rise and fall of totalitarian ideological and political apparatuses nowadays. But I guess, going even further, I'm essentially fascinated by the fissures and contradictions that have made these structures spectacularly crumble to the ground. I do believe extreme ideologies have played a crucial role in the globalization of socio-political crisis. In the end, our world is nothing more than a fading monument to all things gone wrong—the inspiring triumph of failure, in every sense. I see this as an exciting parable. And of course, it is an undeniable fact that the US, through their influence in world economy, international policies and general attitude towards the rest of the planet is the largest structure waiting to collapse. I think we are all secretly awaiting that moment of splendor, even americans. It'll be disastrous and as nasty as it can get, but it will also be liberating and incredibly inspirational. Not just because it’s the US but because it'll prove that absolutely everything is susceptible to fall. And not only that, most importantly, it would confirm that radical change may actually be possible and not just one more of the unfulfilled promises modernity has left us to struggle with on our own. BWS: I want to talk first about two of your works in particular: Hey, America... and The Inaugural Address . I feel like your more recent work has a subtle —or even hidden—sinisterness, but these two works are perfect examples of how brutally confrontational your earlier work has been. When we showed Hey, America... at Mexico City's Zona Maco art fair in 2010, there were at least a couple visitors to our stand who were absolutely ready to punch me in my gringo face for having done so. Certainly the shock value of these works is crucial to their central ideas, but can you tell me more about your intentions and how these works relate to your general oeuvre? JS: So funny. Perhaps we do deserve to be punched in the face. I think that's what I'm sometimes looking for, but I hardly ever get it. I do think of such works as some sort of logical trap, a somewhat perverse ambush waiting for someone to walk into head-on. I think what I tried to do with those two specific works, as well as some other past projects, is just emphasize issues or themes that do disturb or make me uneasy and restless. I consider my essential intention a need to make clear that we do not have to look the other way, ignore or forget. We must address, understand and solve these manifestations of senseless violence and absurdity because if we don't confront them this way, they'll end up consuming us. In other words, I do consider these works as a personal need of coming to terms with the nonsense of the world we all are living in. I don't particularly consider myself to be someone with a clear set of beliefs. Perhaps my only certainty would be that everything is there to be denied, demolished and obliterated—even my supposed unquestionability of that particular 'dogma.' My practice is a reflection of that paradox, and I do think that's how these two pieces relate to a wider body of work. Every democratic system and so-called developed contemporary society is deeply flawed on the inside, and that is because each has swept things under the rug. Of course, there's tolerance, good will and eagerness to make a difference but there's also hatred, pain and fear lingering all around. We must learn to relate to both sides of the spectrum. In a way, I approach the themes behind these particular works in what I think to be a non-biased, somewhat 'neutral' way. I do think there's an encryption process going on in the way I work, some sort of formal refinement of this somewhat outrageous content. A digest of infamy, if we can refer to it that way. It is up to the individual experiencing the work to decide which way these pieces lean. They can easily be seen from both positions and I'm ok with that. If you look closely at these works, there's nothing that establishes an unrelenting position—neither support nor rejection. I don't want my personal political views to directly set an agenda for the spectator as that’s essentially propaganda, which is one of the things I absolutely despise. To sum it up, I strive for the spectator to complete the piece in that sense. The work then becomes a reflection of his or her own contradictions, a playground of the mind. I'm interested in achieving a deadpan and deadlock state in the observer. So, in a way, those visitors threatening to beat the shit out of you unconsciously became that particular issue the work is alluding to. Just blind and senseless reaction to god knows what people feel must be defended, the overwhelming virtue of ambiguity. Beautiful. Perhaps you can also think of my practice as a uber-sophisticated and snobbish version of Punk'd. And you wouldn't be far from what I'm trying to convey. Untitled (Disturbance Scenarios #2) . 2010. BWS: To me, an important transitional marker in the overall trajectory of your work is the series, Disturbance Scenarios , which evokes a similar generalized state of panic, paranoia, and impending doom through its incorporation of sensationalist newspaper headlines, yet also suggests this slyly mysterious meta-narrative via the context in which the newspaper itself is placed. How did you arrive at this series and why did you choose photorealistic painting as the medium for it? JS: I consider this series to be a by-product of the process I follow when making work. I spend an important part of my time just doing research, going through documentation and accumulating visual or historical references for the themes or episodes I'm interested in, in that particular moment. These are, of course, valuable assets that connect among themselves in a mysterious and almost undetectable manner, sometimes a few years between one and the other. I've employed similar production strategies in the past, in ongoing series like Random Moments of Urban Decay , in which I document what I consider to be physical traces of ethnic, religious or ideological violence in the form of text graffiti, invisibly scattered in different cities of the world, mostly in the US. Disturbance Scenarios was started in early 2010, following a particularly intense period of traveling here and there that lasted for most of the year. I've always felt compelled by text, as I find quite intriguing the idea of how words can create equally intense evocations of what I call a mental panorama of uneasiness than those produced by aesthetically-charged imagery; of course, if handled right. I have a close relationship to print media—due both to my academic background and to my attraction to its ubiquity and almost unlimited influence, which in the end, is nothing else but power—so I found myself with a growing archive of newspaper headlines snapshots from cities like Melbourne, Auckland, London, and LA. Going through them, I noticed that they had in common a very specific thematic slant: they were all about some sort of conflict: energy crisis, political unrest, local episodes of domestic violence, you name it. So as you very well put it, I felt they all connected through this feeling of anxiety and anguish and I decided to start thinking of them as a body of work. Basically, I felt an interest in creating what I think of as my personal fragmented prefigurements of the end of civilization. There were few elements on the shots that could give away its actual location, geographically speaking, and I liked that. I find this sensation of vagueness and uncertainty quite alluring. The more subtle, the more perverse. The formal resolution of the series—as photo-realistic painting—is linked to my intention of creating distance between me as the artist and the themes I work with. I rarely execute my own work, and that is more a personal choice as I'm more interested in the ideas I mingle with than in the actual outcome of that process, understood as an "art-object" with certain market value. I did some tests with light-jet prints of those snapshots and I found them devoid of that nightmarish, disturbing indistinctness that I felt was so important for them to be able to project the turmoil I experienced upon encountering them and in conceiving of them as a series. So I thought that photorealistic painting would be an interesting resource to play with, as I hardly had worked with that medium before because of my lenient animosity toward painters and their craft. So they were executed like that and I think it turned out to be just right. Homemade (Napalm #2) . 2010. BWS: Though Disturbance Scenarios remains ongoing, it's an interesting contrast to another series of yours, Homemade, which are these beautifully banal photographs of the ingredients used to make improvised explosives. Whereas Disturbance Scenarios still confronts the viewer aggressively with its visual emphasis on loaded texts, in Homemade , you've dropped the surface-level bravado entirely. They're pieces that require explanation to someone not already versed in the fine art of amateur explosive-making. You weren't known for subtlety in your past work; why this change in direction? JS: I'm personally convinced that these are just two angles of the same conceptual preoccupation. I mentioned before my obsession with the idea of encryption. I'm quite enticed by how these processes of translation can politically and semantically alter and deviate purportedly subversive materials such as the ones these works allude to. I do think subversion is futile. I was really troubled by that thought for some time, but I think now I understand that it's not really that important. What is really significant is to elaborate on these alternate views, to envision and refine possible escape routes. It doesn't really matter if they go nowhere, but that is because nothing really matters. A "mute" artwork is a notion that captivates me. When you look at the works you mention, you know there's something off, but it's not fully clear how and why that is. I rely on that insecurity—on that moment of hesitation. And that can also be achieved through an approach like the one I'm now interested in. Let's just call it a smoke screen, a surrogate ruse to get to the same point: to talk about impotence and defeat in contemporary life. The notion that readily accessible information is actually a weapon is a double-edged fallacy: sure, you can make use of whatever resources you can lay your hands on, but that doesn't set you free because freedom is impossible. Still, that doesn't mean you can't blow up stuff during the process, metaphorically or not. I didn't understand the nature of subtlety before. I used to think that you needed to be loud and manifest anger and unconformity in the most aggressive manner possible. Then I finally realized that you can actually permeate and rarify a battleground—because after all, this is low-intensity war—if you actually aim at silently building up the contradictions and making the symbolic value of ideas and acts clash within themselves. Or perhaps it is that I am just getting old. I guess I used to be an angry kid until recently. Now I think of myself as a disenchanted post-teenager, and of course that reflects in my work and my approach to art-making. Kind of a rite of passage and I laugh at it because, overall, it has been overwhelmingly fun. And that doesn't mean that I'm not ready to stick it in someone or something's face again if I feel like it. BWS: You're now taking the subtlety of the Homemade series even further with your newest series, Definitive Reader For a Botched Revolution , in which you photograph a series of politically-charged books side-on, negating their content entirely—essentially reducing them to purely aesthetic objects in which the subject matter is only revealed in the title of the work. Can you talk about the ideas behind this series? Furthermore, is your recent interest in this idea of the "botched revolution" an indication of a general attitudinal or philosophical shift you've since adopted? JS: This new series of works is the logical outcome of a brief period I went through. Probably the last couple years, in which due to a number of circumstances that don't really have to do with my art-making, I was forced to renegotiate my ideas, my beliefs and practically everything that surrounds me. It was quite distressful and turbulent, but in the end, I think it was also almost epiphanic. I came to terms with myself and now I'm calm and serene. That is, of course, my personal take on it but I mention it because I do think it's important to address this shift you mention. The idea of an artwork as a container for latent revelations enthralls me quite a bit. That's how I see these particular works: art as an incendiary agent. It's up to the artist and the spectator to do whatever they please with it. I think the detachment and almost surgical cleanliness from the Definitive Reader series is also my take at poking fun of the way some art is totally innocuous and uncompromising. These images may be pleasing to the eye, but there's something twisted and rotten within them, well hidden beneath. You'll either see it or not, but without a doubt, it will not cancel its presence. This series is intrinsically linked to Homemade . I'm pretty much horsing around with similar ideas and statements here. And well, yes, I do think any revolution is a botched one. There's nothing too heavy about their own downfall. Decay and breakdown are here and will not go away. Perhaps we must learn to embrace them in one way or another, for our own sake. L: Untitled (T.A.Z.). R: Untitled (United States Marine Guidebook of Essential Subjects) . 2011. BWS: Finally, let's discuss the near future. You've got an upcoming solo show at the Sala de Arte Público Siqueiros [SAPS] in Mexico City this summer. What can we expect from that? What else do you have planned? JS: I'll go and get seafood as soon as I'm done with this interview. It's pretty good here in Guadalajara. That's my top priority at this very moment. About my solo project at SAPS, it's due to open in late July. I'm quite looking forward to it. I'm still closely working with the curator on the general feel for the show but I can say that it'll be more of a revision of past works that have not been shown in Mexico City except for a couple pieces. It definitely won't be a showcase for new projects, although we may include one or two previously unseen works. What you can expect is a rereading of what I've been working on during the past few years. In a way, that's exciting to me because for some reason I don't really care about, I'm not that active in Mexico City even though that's where I lived and work for years. I've hardly shown there after my solo project at Yautepec in February of 2010. It'll be nice to see how it all comes together and I'm more thrilled about it because I totally love the space and I think they're doing an excellent job with their programming and its direction. And in a certain way it feels like going back home. About everything else, I need a period to reflect and fully understand what I've been thinking and working on. I've got a few group shows here and there: New York, San Francisco, and Melbourne are the ones happening soon. I will present my censored project Untitled ( Gringo Loco ) as part of the programming of the Museo de Arte de Zapopan in Guadalajara, two years after being escorted at gunpoint from the installation site by police sent by the extreme right-wing mayor of the city, which I found pretty amusing for an otherwise typical Saturday afternoon. I'm also involved in a couple "curatorial" projects. In my case, "curatorial" means that I help put together stuff I like and I'm interested in. One of them will open in late September of 2011 at Arena Mexico Arte Contemporaneo, and I will work with three of whom I consider to be some of the best artists in a lively and active scene such as the one here in Guadalajara. But most importantly, I've been doing heavy research so there are also a number of projects that I've yet to finalize. That'll be my main focus during the rest of the year, even though I really enjoy procrastination. There'll be time for that later. Or maybe not. We'll see. About Joaquin Segura The action, installation, intervention and photographic work of Joaquin Segura (b. Mexico City, 1980) has been shown in solo and group exhibitions in Mexico, the United States, Europe, and Asia. Some spaces that have featured his work include La Panaderia, Museo de Arte Carrillo Gil, Centro de la Imagen and Ex-Teresa Arte Actual in Mexico City; El Museo del Barrio and apexart, New York, NY; Museo Nacional Centro de Arte Reina Sofia in Madrid, Spain; National Center for Contemporary Art, Moscow, Russia; and Palace Adria in Prague, Czech Republic. In 2008 and 2009, Segura was an artist-in-residence at the International Studio and Curatorial Program, New York, NY and at the 18th Street Arts Center, Santa Monica, CA. He is represented YAUTEPEC in Mexico City and by Arena Mexico Arte Contemporáneo in Guadalajara. Further Reading Joaquin Segura’s website YAUTEPEC artist page for Joaquin Segura Capps, Kriston. “ID-ENTITY: Washington, DC.” ART PAPERS . 2009. (shrink)

John Laumakis has offered a thought-provoking, but ultimately unpersuasive argument in favor of playing to your opponent’s strength instead of playing to their weakness. In the course of this reply, we hope to show that the idea of PTS not only undermines the real goal of athletic competition, but it also rests upon a confusion between matters of morality and the aims of sports, as well as equivocations on the kind of ‘excellence’ one pursues, and the nature of the ‘challenge’ (...) involved in sport. We also plan to raise a serious objection against the logical consistency of PTS and note its incompatibility with real-world game smarts and tactics. Finally, we offer our own explanation for why ‘it is improbable that many coaches and athletes will shift their strategy from PTW to PTS.’. (shrink)

This paper aims to contribute to the present debate about business ethics and Corporate Social Responsibility (CSR) that the Journal of Business Ethics is hosting. Numerous contributions argued theoretical frameworks and taxonomies of CSR practices. The authors want to ground in this knowledge and provide further evidence about how companies adopt CSR practices to address stakeholders’ claims and consolidate their trust. Evidence was provided by a longitudinal case study about an Italian food company that is one of the largest producers (...) of baby food. This company reshaped its corporate strategy along three decades through the adoption of CSR practices in order to win stakeholders’ trust about food safety and supply chain behaviour. The empirical exercise was informed by a literature review of the relevant contributions in terms of CSR business practices and levels of efforts to adopt them. In light of this review, the authors adopted for the research framework the taxonomy of business practices proposed by Spiller (2000, “Ethical Business and Investment: A Model for Business and Society”, Journal of Business Ethics 27, 149-160) and the levels of commitment towards CSR proposed by Stahl and Grigsby (1997, Strategic Management; Total Quality & Global Competition (Blackwell, Oxford)). The main findings are discussed in order to argue theoretical implications and identify further areas of research and debate. (shrink)

Most models of opinion dynamics are threshold-like. For two competing opinions the dynamics is one-dimensional and the associated opinion flow is shaped by at least two attractors separated by a tipping threshold, not necessarily located at 50 %. Initial supports are thus instrumental to determine the final debate outcome. In contrast, the absence of a tipping threshold implies a unique attractor making the initial conditions irrelevant. One of the opinions is predetermined to become the majority whatever initial support it has. (...) Accordingly, to make a threshold dynamics non threshold appears to be an instrumental strategic option. An illustration of the possibility of such a reshaping of the opinion dynamics geometry is given using the Galam sequential opinion dynamics model. The key parameters are pair interactions and inflexible or stubborn agents. A new and counter intuitive light is shed on the design of winning strategies in public issues. However the findings pose ethical issues. The case of global warming is discussed. (shrink)

Heroism is apparently nonadaptive in Darwinian terms, so why does it exist at all? Risk-taking and heroic behavior are predominantly male tendencies, and literature and legend reflect this. This study explores the possibility that heroism persists in many human cultures owing to a female preference for risk-prone rather than risk-averse males as sexual partners, and it suggests that such a preference may be exploited as a male mating strategy. It also attempts to quantify the relative influences of altruism and (...) bravery in the evolution of heroism. Our study found that females do prefer risk-prone brave males to risk-averse non-brave males, and that men are aware of this preference. Bravery in a male was shown to be the stronger factor influencing female choice of short-term partners, long-term partners, and male friends, with altruism playing a lesser part in their choice. Altruism was deemed important in long-term relationships and friendships, but for short-term liaisons, non-altruists were preferred to altruists. Heroism may therefore have evolved owing to a female preference for brave, risk-prone males because risk-taking acts as an honest cue for "good genes." Altruism was judged to be a less influential factor in the evolution of heroism than bravery and a demonstrated willingness to take risks. (shrink)

Drawing on Stalnaker’s projection strategy, a revised version of the Ramsey test, and Dudman’s account of the evaluation of projective conditionals (e.g., “If Hitler invades England, Germany will win the war” and “If Hitler had invaded England, Germany would have won the war”), I offer a novel truth-conditional account of the semantics of a range of English conditionals. This account resolves some key puzzles in the philosophical literature about semantic differences between maximally similar conditionals of different types (including some (...) parallel indicative and subjunctive conditionals) without assuming that the word “if” is ambiguous. It does so by explaining these semantic differences on the basis of semantic properties of the clauses combined by “if” and temporal factors arising from these properties. (shrink)

The casinos want you to lose money. In fact, the minute you step into their facility, they are betting on it. So what does it take to walk into a casino and walk out a winner? On 21: The Philosophy of Blackjack gives you the tools to sit down at a blackjack table and beat the casino at their own game. Author and blackjack expert Andrew Marx outlines the critical steps it takes to be a winner. A blackjack player combines (...) knowledge of the game, proven strategy, timing and practice to put him at the top of his game. The book includes step by step instructions on how to play blackjack and teaches tried and true strategies to decrease the house advantage. But more than just know-how and strategy, On 21: The Philosophy of Blackjack also asks what is the right attitude for winning? The author discusses how to pick the right table, how to pick the right dealer, which variations on the house rules are the best advantage to the player. He talks how the mental discipline it takes to play the game well, and what to do when the cards aren't running in your favor. With helpful lessons spread throughout the book, full color visual aids and a detailed chapter index, On 21: The Philosophy of Blackjack not only gives you a solid understanding of the game, but talks meaningfully about the mental attitude you need to think like a winner. Perfect for beginners and intermediate players, the book also lays out the steps to take to move towards professional gambling. Written by a veteran blackjack player who lived in Las Vegas for over ten years and has traveled to many casinos in other cities, all of the information included here is laid out in easy-to-understand language with supporting visual images. (shrink)

One of the most beloved passages in the Zhuang-Zi text is a dialogue between Hui Zi and Zhuang Zi at the end of the “Qiu-shui” chapter. While this is one of many vignettes involving Hui Zi and Zhuang Zi in the text, this particular vignette has recently drawn attention in Chinese and comparative philosophy circles. The most basic question concerning these studies is whether or not the passage represents a substantial philosophical dispute, or instead idle chitchat between two friends. This (...) vignette has not only received much attention as of late, but commentators from at least Guo Xiang onward have taken the conversation as substantial rather than merely charming. Of the traditional readings that take the passage as substantial, there are two main strategies for taking Zhuang Zi as “winning” a substantial dispute: One that argues Zhuang Zi is undermining Hui Zi’s position without offering a positive position, and another that argues that Zhuang Zi is undermining Hui Zi’s position by offering a positive position. Guo Xiang’s “official commentary” is paradigmatic of the first “negative” strategy, while Wang Fuzhi’s reading is paradigmatic of the second “positive” strategy. The goal in the present article is to present these two strategies for reading the passage by translating and analyzing Guo’s and Wang’s annotations, thereby showing how the passage might be and has been taken as more than frivolous chitchat. (shrink)

We consider an infinite two-person game. The second player has a winning perfect information strategy; we show that this player has a winning strategy which depends on substantially less information. The game studied here is a variation on a game of Gale.

Innovative organizing strategies in the labor movement are being driven by the realization that labor law is of virtually no help in helping workers exercise their rights. Unions are increasingly designing strategies that go beyond traditional workplace tactics and draw on a wide range of social actors and relationships in an effort to find and harness new leverage sources. Service Employees International Union Local 1199 Florida provides one such example. 1199 Florida has a multilayered, multifaceted organizing strategy that attempts (...) to surmount the obstacles of employer resistance and weak labor laws by mobilizing a range of allies and engaging political and regulatory actors. (shrink)

In this response, the Australian Health Ethics Committee (AHEC) indicates that it shares, and has strategies in place to address, the majority of the concerns identified by Susan Dodds. AHEC believes it is too early to assess the full impact of the National Statement on Ethical Conduct in Research Involving Humans (1999) or to call for a major review of the ethics committee process. While some Human Research Ethics Committees (HRECs) are over-stretched, the system is not on the verge of (...) collapse. (shrink)

Existing accounts of mechanistic causation are not suited for understanding causation in biological and neural mechanisms because they do not have the resources to capture the unique causal structure of control heterarchies. In this paper, we provide a new account on which the causal powers of mechanisms are grounded by time-dependent, variable constraints. Constraints can also serve as a key bridge concept between the mechanistic approach to explanation and underappreciated work in theoretical biology that sheds light on how biological systems (...) channel energy to actively respond to the environment in adaptive ways, perform work, and fulfill the requirements to maintain themselves far from equilibrium. We show how the framework applies to several concrete examples of control in simple organisms as well as the nervous system of complex organisms. (shrink)

The problem "man and nature" is assuming greater importance with each passing year. There are hardly any people any more in the modern world who do not understand the terrible danger concealed in the spontaneous advance of technological progress. The well-known idea that culture, if it develops spontaneously and is not consciously guided, will leave a desert behind it has never been as thoroughly understood by people as it is today. The exceptional importance of the "man and nature" problem has (...) led to a situation in which ideas about environmental protection are penetrating into all strata of society, gradually winning people over, and becoming a perceptible material force, a foundation for the well-being of the existence of man on earth. (shrink)

Solidarity is supposed to facilitate collective action. We argue that it can also help overcome false consciousness. Groups practice if they pool information about what is in their true interest and how to vote accordingly. The more numerous can in this way overcome the but only if they are minimally confident with whom they share the same interests and only if they are better-than-random in voting for the alternative that promotes their interests. Being more cohesive and more competent than the (...) Masses, the Elites can employ the same strategy perhaps all the more effectively. But so long as the Masses practice epistemic solidarity they will almost always win, whether or not the Elites do. By enriching the traditional framework of the Condorcet Jury Theorem with group-specific standards of correctness, we investigate how groups can organize to support the alternatives truly in their interests. (shrink)

We now move to the demonstration of the left-to-right direction of the equivalence result. Let us assume that there is a winning $$\mathbf {P}$$ P -strategy in the dialogical game for $$\varphi $$ φ.

Any successful account of the metaphysics of mechanistic causation must satisfy at least five key desiderata. In this article, I lay out these five desiderata and explain why existing accounts of the metaphysics of mechanistic causation fail to satisfy them. I then present an alternative account that does satisfy the five desiderata. According to this alternative account, we must resort to a type of ontological entity that is new to metaphysics, but not to science: constraints. In this article, I explain (...) how a constraints-based metaphysics fits best with the emerging consensus on the nature of mechanistic explanation. 1Introduction2Renormalizability2.1The first two desiderata: Intrinsicness and productivity2.2The third desideratum: Scientific validity or non-mysteriousness2.3The fourth desideratum: Directionality2.4The fifth desideratum: Perspectival nature of mechanisms3Constraints and Causation3.1Multi-perspectival realism and causal structure3.2Causal structure as laws3.3Causal structures in analytical mechanics: Constraints3.4A metaphysics inspired by analytical mechanics: Constraints as ontologically primitive modal structures4Constraints and Mechanistic Causal Powers 4.1Inter- versus intra-perspectival categories4.2Mechanistic causal powers are grounded by constraints4.3Intrinsicness and constraints4.4Constraints and productiveness4.5Constraints and directionality5Conclusion. (shrink)

Nurses are responsible for the well-being and quality of life of many people, and therefore must meet high standards of technical and ethical competence. The most common form of ethical guidance is a code of ethics/professional practice; however, little research on how codes are viewed or used in practice has been undertaken. This study, carried out in six European countries, explored nurses’ opinions of the content and function of codes and their use in nursing practice. A total of 49 focus (...) groups involving 311 nurses were held. Purposive sampling ensured a mix of participants from a range of specialisms. Qualitative analysis enabled emerging themes to be identified on both national and comparative bases. Most participants had a poor understanding of their codes. They were unfamiliar with the content and believed they have little practical value because of extensive barriers to their effective use. In many countries nursing codes appear to be ‘paper tigers’ with little or no impact; changes are needed in the way they are developed and written, introduced in nurse education, and reinforced/implemented in clinical practice. (shrink)

In Pascal’s Pensées, at the very end of the so-called “wager” fragment, we find this intriguing remark intended to win once and for all the whole conviction of the “libertine” the apologist is addressing to : “I will tell you that you will win thereby in this life”. This article endeavours to reconsider this remark seriously, as it has been somewhat neglected by the canonical commentaries on the “wager”. We begin by determining the reasons that lead the apologist to this (...) final remark, then we attempt to define its meaning and scope in Pascal’s apologetic project. Next we seek to identify the “gain in this life” that is promised to the libertine who adopts a Christian lifestyle. This leads to study how Pascal analyses joy. To conclude we propose some more general thoughts about the strategies this fragment of Les Pensées suggests to today’s Christian apologetics. (shrink)

Emergence is much discussed by both philosophers and scientists. But, as noted by Mitchell (2012), there is a significant gulf; philosophers and scientists talk past each other. We contend that this is because philosophers and scientists typically mean different things by emergence, leading us to distinguish being emergence and pattern emergence. While related to distinctions offered by others between, for example, strong/weak emergence or epistemic/ontological emergence (Clayton, 2004, pp. 9–11), we argue that the being vs. pattern distinction better captures what (...) the two groups are addressing. In identifying pattern emergence as the central concern of scientists, however, we do not mean that pattern emergence is of no interest to philosophers. Rather, we argue that philosophers should attend to, and even contribute to, discussions of pattern emergence. But it is important that this discussion be distinguished, not conflated, with discussions of being emergence. In the following section we explicate the notion of being emergence and show how it has been the focus of many philosophical discussions, historical and contemporary. In section 3 we turn to pattern emergence, briefly presenting a few of the ways it figures in the discussions of scientists (and philosophers of science who contribute to these discussions in science). Finally, in sections 4 and 5, we consider the relevance of pattern emergence to several central topics in philosophy of biology: the emergence of complexity, of control, and of goal-directedness in biological systems. (shrink)

The need for dignity is frequently mentioned in policy documents relating to the care of the elderly. It is also described as an important value in professional codes. Yet concerns about the standards of care for an important number of elderly people abound, despite global ageing being a challenging phenomenon. Not least among these is how to ensure that the elderly will be able to live out their days with dignity.In the present paper, we begin with an empirical exploration of (...) the meaning of human dignity as experienced by older Europeans and their professional caregivers. Thereafter, we discuss the meaning and relevance of these empirical research findings from a care ethics perspective. (shrink)

Despite the widespread popularity of the Creating Shared Value discourse, its ‘business case’ and ‘win–win’ rhetoric remain problematic. This paper adds an inclusive development perspective to the debate, arguing that analysing CSV strategies through an inclusivity lens contributes to a better operationalisation of societal value; makes tensions and contradictions between economic and societal value explicit and uncovers processes of inclusion, exclusion and adverse inclusion. We illustrate this by analysing Nestlé’s CSV strategy in its cocoa supply chains in Ghana based (...) on content analysis of company documents, interviews with value chain actors and stakeholders, and focus groups with farmers. We ask how Nestlé frames and implements its CSV discourse in practice and how this relates to the social, relational and environmental dimensions of inclusive development. Findings show how the company addresses inclusive development dimensions in its corporate discourse, practices and business operations, and what trade-offs it faces. We then unmask the inherent tension between business objectives and societal interests and explain why the scope, issues addressed and societal impacts of CSV remain constrained. We conclude that CSV can help reduce a company’s impact on some persistent societal issues, but that its contribution to transformational change remains limited because the need to uphold competitive advantages and short-term financial performance narrows its ability to address all inclusivity dimensions. Legislation mandating responsible business conduct and due diligence can reduce this inherent tension by levelling the playing field between companies addressing inclusivity issues vis-à-vis those who do not. (shrink)

With the gradual deepening of environmental problems and the increase in consumer awareness of environmental protection, many enterprises have already begun to pay attention to green supply chain management. However, the price of green products is higher than that of nongreen products, which is an enormous challenge for many small- or medium-sized enterprises. To study the pricing and coordination of green supply chains under capital constraints, a model consisting of a manufacturer and a capital-constrained retailer is established; the manufacturer invests (...) in green products and provides a deferred payment contract. Setting the situation without capital constraints as a benchmark, this study explores the impact of the retailer’s capital constraints on the manufacturer’s product greenness design; an interesting result shows that deferred payment can help encourage the retailer to order more products and improve the profit of the manufacturer and the efficiency of the entire supply chain as well as the product’s greenness level simultaneously. However, the profit of the retailer will be hurt by the deferred payment contract. Therefore, to guarantee the profit of the entire channel and to make the two agents obtain a win-win outcome, a new two-way revenue-sharing contract is designed to coordinate the green supply chain. (shrink)

Gillian Brock attempts to reconcile cosmopolitanism with nationalism in Global Justice: A Cosmopolitan Account . She claims that her cosmopolitanism leaves room for legitimate nationalism. I argue that her cosmopolitanism is not only a theory of global justice, but also a general theory of justice, according to which what justice may demand of us is fundamentally global in nature. As such, Brock's cosmopolitanism cannot accommodate nationalism in the overall structure of what justice may demand of us, but has to relegate (...) it to the discretionary space left open after what justice may demand of us globally has been met. This does not amount to much of a reconciliation or a particularly moderate cosmopolitanism, contrary to Brock's claim. More important, I argue, Brock's cosmopolitan theory of justice need not follow from the more fundamental view of moral cosmopolitanism. (shrink)

This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states. In it, philosophers and scholars from the social sciences address both fundamental questions in moral and political philosophy as well as specific issues concerning policy. Topics covered in this volume include: the concept and the role of citizenship, the equal rights and representation of citizens, general moral frameworks for addressing immigration issues, the duty to obey (...) immigration law, the use of ethnic, cultural, or linguistic criteria for selective immigration, domestic violence as grounds for political asylum, and our duty to refugees in general. The urgency of the need to discuss these matters is clear. Several humanitarian crises involving human migration across national boundaries stemming from war, economic devastations, gang violence, and violence in ethnic or religious conflicts have unfolded. Political debates concerning immigration and immigrant communities are continuing in many countries, especially during election years. While there have always been migrating human beings, they raise distinctive issues in the modern era because of the political context under which the migrations take place, namely, that of a system of sovereign nation states with rights to control their borders and determine their memberships. This collection provides readers the opportunity to parse these complex issues with the help of diverse philosophical, moral, and political perspectives. (shrink)

In this paper I examine the counterfactual test for legislative intention as used in Riggs v. Palmer. The distinction between the speaker's meaning approach and the constructive interpretation approach to statutory interpretation, as made by Dworkin in Law's Empire, is explained. I argue that Dworkin underestimates the potential of the counterfactual test in making the speaker's meaning approach more plausible. I also argue that Dworkin's reasons for rejecting the counterfactual test, as proposed in Law's Empire, are either too weak or (...) unsound. A deeper reason for rejecting the counterfactual test as a method for the speaker's meaning approach is proposed in this paper. The difference between the counterfactual test and other tests for legislative intention which seem also to make use of counterfactual conditions in explained. (shrink)

This article gives an account of what Ronald Dworkin calls ‘the protestant attitude’ towards law. Dworkin’s protestantist claim that the interpretive attitude towards law is to be taken not only by judges, but also by ordinary citizens is explained and defended. The account of Dworkin’s protestantism about law in this article is not based on his more general protestantist view about the interpretation of social practices, but, rather, on the nature of authoritative statements of the law in Dworkin’s theory of (...) law as integrity. Protestantism is thus shown to be an integral part of the theory of law as integrity. It is also argued in this article that protestantism about law can accommodate the idea that legal deliberation is an authoritative and public process while leaving room for a significant role for citizens in the development of law. Indeed, any plausible theory of law should incorporate protestantism. (shrink)