Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...) holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)

Carl Schmitt contends that liberal constitutionalism or the rule of law fails because it neglects the state of exception and the political, namely politics viewed as a distinction between friend and enemy groups. Yet, as a representative of liberal constitutionalism, Locke grapples with the state of exception by highlighting a magistrate prerogative and/or the right of the majority to act during a serious political crisis. Rather than neglecting the political, Locke’s state of war presupposes it. My thesis is that Schmitt’s (...) assault against Locke’s liberal constitutionalism is one-sided, and hence Locke’s militant liberalism can disarm it. In support of my thesis I shall argue (1) that Schmitt overlooks Locke’s distinction between liberty and license; (2) that, ironically, Schmitt’s conception of politics resembles Locke’s state of war; and (3) that Locke’s liberalism is militant rather than neutral because it excludes extremists from enjoying equal civil and political rights, as reasonable citizens do, to compete for political power. (shrink)

This essay articulates a double helix at work in Badiou’s thought on politics as a condition of philosophy and philosophy as such by focusing on what Badiou calls “the Idea of communism” and we will call “the communism of the Idea.” The former refers to communism as an Idea par excellence, while the latter concerns the Idea as a philosophical communism. The first section of the essay unpacks the Idea of communism as a composite interaction of politics, history, and subjectivity (...) insofar as each of these elements cannot be taken in themselves. Contrary to post-ideology, Badiou condemns the claim that we should live without an ideological framework insofar as this asks us to live without an Idea. The second section will focus on the communism of the Idea as the result of Badiou’s broader philosophical project and its major Platonic gestures. Badiou’s broader concerns pertain to the commitment to live with an Idea as finite, infinite, and transfinite to the endpoint that philosophy itself is characterized to be destined for communism. The crux that anyone can become a serious philosopher if, to paraphrase Diotima in Plato’s Symposium, they gracefully lend themselves to the process of truths as their fundamental commitment. (shrink)

Histamine is a multifunctional biogenic amine with relevant roles in intercellular communication, inflammatory processes and highly prevalent pathologies. Histamine biosynthesis depends on a single decarboxylation step, carried out by a PLP-dependent histidine decarboxylase activity (EC 4.1.1.22), an enzyme that still remains to be fully characterized. Nevertheless, during the last few years, important advances have been made in this field, including the generation and validation of the first three-dimensional model of the enzyme, which allows us to revisit previous results and conclusions. (...) This essay provides a comprehensive review of the current knowledge of the structural and functional characteristics of mammalian histidine decarboxylase. BioEssays 27:57–63, 2005. © 2004 Wiley Periodicals, Inc. (shrink)

This article explores the philosophy of Alain Badiou from the vantage point of the concepts of the localization, delocalization, and relocalization of the void as thematized through literary arts, religion, emancipatory politics, and the subject of psychoanalysis. In short, these moments around the void characterize the processes through which truth is processed and seen through their full realization by a philosophical engagement across the various conditions in which these truths occur. The localization of a void is the naming of an (...) indiscernible element that is incommensurable to the rubric of constructible knowledge, sense and meaning which could saturate the space of truth. Thus, the naming that localizes the void acts as a subtraction of the invariant in the variance of situation such that across various points in space and time, we are still able to subtract the universal as the invariant not just as the fidelity to the localized truth but also as the resurrection of truth upon its relocalization at a different place and a different time. At its core, this article is concerned with truth, why truth is persistent, and why we have to struggle to articulate the truth that we are trying to be faithful to again and again with each instance that truth risks being covered-over and obscured. (shrink)

This paper defends a contextualist approach to epistemic injustice according to which instances of such injustice should be looked at as temporally extended phenomena (having developmental and historical trajectories) and socially extended phenomena (being rooted in patterns of social relations). Within this contextualist framework, credibility excesses appear as a form of undeserved epistemic privilege that is crucially relevant for matters of testimonial justice. While drawing on Miranda Fricker's proportional view of epistemic justice, I take issue with its lack of attention (...) to the role that credibility excesses play in testimonial injustices. I depart from Fricker's view of the relation between credibility excesses and credibility deficits, and I offer an alternative account of the contributions that undeserved epistemic privileges make to epistemic injustices. Then, through the detailed analysis of To kill a mockingbird, I elucidate the crucial role played by the social imaginary in creating and sustaining epistemic injustices, developing an analysis of the kind of social blindness produced by an oppressive social imaginary that establishes unjust patterns of credibility excesses and deficits. (shrink)

The COVID‐19 pandemic is responsible for millions of deaths worldwide yet its origin remains unclear. Two potential scenarios of how infection of humans initially occurred include zoonotic transfer from wild animals and a leak of the pathogen from a research laboratory. The Wuhan wet markets where wild animals are sold represent a strong scenario for zoonotic transfer. However, isolation of SARS‐CoV‐2 or its immediate predecessor from wild animals in their natural environment has yet to be documented. Due to incomplete evidence (...) for a zoonotic origin, a laboratory origin is plausible. The Wuhan Institute of Virology is at the epicenter of the pandemic and their work has included manipulation of wild‐type coronavirus to enable infection of human cells. Although stronger evidence supports the zoonotic transfer, inconclusive reports maintain the laboratory leak hypothesis alive. It is imperative to reach a factual conclusion to prevent future pandemics. (shrink)

This paper presents the hypothesis that linguistic capacity evolved through the action of natural selection as an instrument which increased the efficiency of the cultural transmission system of early hominids. We suggest that during the early stages of hominization, hominid social learning, based on indirect social learning mechanisms and true imitation, came to constitute cumulative cultural transmission based on true imitation and the approval or disapproval of the learned behaviour of offspring. A key factor for this transformation was the development (...) of a conceptual capacity for categorizing learned behaviour in value terms - positive or negative, good or bad. We believe that some hominids developed this capacity for categorizing behaviour, and such an ability allowed them to approve or disapprove of their offsprings- learned behaviour. With such an ability, hominids were favoured, as they could transmit to their offspring all their behavioural experience about what can and cannot be done. This capacity triggered a cultural transmission system similar to the human one, though pre-linguistic. We suggest that the adaptive advantage provided by this new system of social learning generated a selection pressure in favour of the development of a linguistic capacity allowing children to better understand the new kind of evaluative information received from parents. (shrink)

The study investigated the influence of campus environmental factors on job commitments. The research design was quantitative descriptive sample survey of ex-post facto type while the population includes both male and female senior non-teaching staff of Olabisi Onabanjo University, Ogun State. Multi-stage sampling technique was used in choosing 200 participants selected from nine faculties and one college. A structured and close-ended questionnaire titled ‘Campus Environmental Factors and Job Commitment Questionnaire’ with reliability co-efficient of 0.85 obtained through Cronbach alpha methods was (...) administered. 170 were retrieved from the 200 instruments administered. Data were analysed using frequency count, simple percentage, Pearson Correlation, and t test of significance. The study demonstrated a significant positive influence of campus environmental factors on job commitments of staff in the university. Useful recommendations were also raised. (shrink)

We argue that the physics of complex materials and self-organizing processes should be made central to the biology of form. Rather than being encoded in genes, form emerges when cells and certain of their molecules mobilize physical forces, effects, and processes in a multicellular context. What is inherited from one generation to the next are not genetic programs for constructing organisms, but generative mechanisms of morphogenesis and pattern formation and the initial and boundary conditions for reproducing the specific traits of (...) a taxon. There is no inherent antagonism between this “physicalist” perspective and genetics, since physics acts on matter, and gene products are essential material components of living systems whose variability affects the systems’ parameters. We make this notion concrete by summarizing the concept of “dynamical patterning modules” (DPMs; Newman and Bhat, Phys Biol 5:1–14, 2008; Int J Dev Biol 53:693–705, 2009), an explicit physico-genetic framework for the origin and evolution of multicellular form in animals, as well as (when differences in interaction toolkit genes and applicable physical processes are taken into account) in multicellular plants (Hernández-Hernández et al., Int J Dev Biol 56:661–674, 2012). DPMs provide the missing link between development and evolution by revealing how genes acting in concert with physics can generate and transform morphology in a heritable fashion. (shrink)

This study focuses on the influence of the quality of services received by thalassotherapy customers on their global satisfaction and the relationship between this and the word of mouth. This study uses a hybrid SEM—classification tree analysis. The empirical findings reveal a significant relationship between the quality of each offered service and global satisfaction. This study contributes to identify tourist’s satisfaction or delight on received thalasso services through a proposed methodology. The main contribution of this work consists of the proposal (...) of a methodology to identify objectively through the opinion of tourists if they were satisfied or had reached delight. This work demonstrates, confirming what has been found in previous literature, that global satisfaction is related to the different experiences provided by the service. Thus, all hypotheses are accepted, supporting the hypotheses that relate the pool, the staff, the treatments, and the environment to satisfaction. In addition, the hypotheses that link satisfaction with the word of mouth are also supported. This theoretical implication has important practical implications for managers of the type of facilities such as those studied in this paper, since it shows that it is not enough to do well in one of the services provided if the environment or the interaction with the staff is not right. (shrink)

Through a new interpretation of Wittgenstein's rule-following discussions, this article defends a negotiating model of normativity according to which normative authority is always subject to contestation. To refute both individualism and collectivism, I supplement Wittgenstein's Private Language Argument with a Social Language Argument, showing that normativity cannot be monopolized either individually or socially (i.e. it cannot be privatized or collectivized). The negotiating view of normativity here developed lays the foundations of a politics of radical contestation which converges with Chantal Mouffe's (...) framework of 'radical democracy', while departing from her agonism in preserving the structuring and constraining role that tacit agreement in action plays in rule-following practices. My account of the 'burdens of eccentricity' elucidates how the normative force of dissidence can be properly recognized and used effectively for social transformations. I argue that there is a 'presumption of normalcy' in favour of the established consensus of action, but that this presumption is defeasible: in normative disagreements, a violation of expected normalcy shifts the burden onto the shoulders of rebellious agents who must show that their dissenting behaviour can be a legitimate extension, revision, or transformation of the practice in question. (shrink)

In this article, it is argued that a significant internal tension exists in John Rawls' political liberalism. He holds the following positions that might plausibly be considered incongruous: (1) a commitment to tolerating a broad right of freedom of political speech, including a right of subversive advocacy; (2) a commitment to restricting this broad right if it is intended to incite and likely to bring about imminent violence; and (3) a commitment to curbing this broad right only if there is (...) a constitutional crisis. By supporting a broad right of freedom of political speech in Political Liberalism, he allows militant intolerant people such as Jihadists, White Supremacists and Neo-Nazis to advocate publicly their dangerously intolerant beliefs. Public advocacy of dangerously intolerant beliefs can be construed as subversive advocacy. As demonstrated by the historical examples of the Weimar Republic and the Second Spanish Republic, militant intolerant groups could use a right of subversive advocacy to threaten the stability of liberal democracies. Hence, by allowing them to exercise a broad right of freedom of political speech, Rawls could jeopardize that which he intends to defend, namely the actual political stability of a liberal democratic order. Lastly, Rawls' conception of ideal constitutional interpretation, which privileges a broad right of freedom of political speech, might be insufficient to deal effectively with the threat posed by militant intolerant groups. Yet a tradition of American constitutional interpretation that balances freedom of speech with other important constitutional and/or political values has overcome a civil war, two world wars, the Cold War and the 9/11 terrorist attacks without abandoning democracy or permanently renouncing those values. Still, Rawls' ideal approach to constitutional interpretation might, in hindsight, help us to understand some of the excesses and deficiencies of American jurisprudence in times of emergency.<br><br><br><br>. (shrink)

Simone Weil — philosopher, trade union militant, factory worker — developed a penetrating critique of Marxism and a powerful political philosophy which serves an alternative both to liberalism and to Marxism. In _A Truer Liberty_, originally published in 1989, Blum and Seidler show how Simone Weil’s philosophy sought to place political action on a firmly moral basis. The dignity of the manual worker became the standard for political institutions and movements. Weil criticized Marxism for its confidence in progress and revolution (...) and its attendant illusory belief that history is on the side of the proletariat. Blum and Seidler relate Weil’s work to influential trends in political philosophy today, from analytic Marxism to central traditions within liberal thought. The authors stress the importance of Weil’s work for understanding liberation theology, Catholic radicalism, and, more generally, social movements against oppression which are closely tied to religion and spirituality. (shrink)

This paper uses the conceptual apparatus of Wittgenstein’s later philosophy to tackle a foundational issue in the philosophical literature on group identity, namely, the problem of difference. This problem suggests that any appeal to a collective identity is oppressive because it imposes a shared identity on the members of a group and suppresses the internal differences of the group. I develop a Wittgensteinian view of identity that dissolves this problem by showing the conceptual confusions on which it rests. My Wittgensteinian (...) view of identity tries to establish two main theses: first, that identity is bound up with difference and presupposes heterogeneity; and second, that the solidarity of identity groups, far from being obstructed by differences, actually requires diversity. Drawing from gender and sexuality studies, I use the mechanism of disidentification to show how there can be shared identities and identity-based solidarity without the erasure of differences. Key Words: community • difference • ethnicity • familial view • gender • identity • race • sexuality • solidarity • Wittgenstein. (shrink)

: Standing before one of Ada Medina's works in a museum recently, I knew myself to be in the company of a distinct presence. The exquisite form was so novel, yet its layers of organicity were deeply familiar. The piece effectively conveyed complex relationality, and pointed toward innovative forms of being, without resorting to didacticism, melodrama, or cliché. I had a strong urge to hug it. I needed to step back and figure it out.

This article demonstrates the possibilities and problems of the formation of a new type of human‐technique‐nature relationship ‐ the organic technique ‐ in modern civilization. It is a relationship in which neither human nor nature must adapt to the needs of technology; rather, the technique is embedded in nature and becomes 'human-sized'. We can find a model for building this new type of relationship in the construction of buildings from bamboo. The uniqueness of bamboo as a building material manifests in (...) two ways. The first relates to resources: bamboo is a very fast-growing plant, so cutting it's stem does not destroy the plant itself and in three to four years there is a new 'harvest'. This means bamboo has an extremely low cost, which is critical for developing countries with rapidly growing populations. Second, bamboo has a number of architectural advantages. Due to the flexibility and elasticity of this product, bamboo buildings are earthquake resistant. Such structures do not violate the natural landscape, but instead work with it; they are characterized by low cost and ease of construction, in a variety of forms. This has led to the widespread use of bamboo by leading architects and innovators from different countries. This article shows that the application of bamboo in architecture ‐ as opposed to artificial materials such as concrete, which exploit and destroy nature and impose their forms on cultures ‐ helps this building technique to integrate into the life of ecosystems and society, and thus to become a model of harmonizing human‐technique‐nature relations. (shrink)

This paper is a critical examination of Wittgenstein's view of the limits of intelligibility. In it I criticize standard analytic readings of Wittgenstein as an advocate of transcendental or behaviourist theses in epistemology; and I propose an alternative interpretation of Wittgenstein's view as a social contextualism that transcends the false dichotomy between Kantianism and psychologism. I argue that this social contextualism is strikingly similar to the social account of epistemic practices developed by Pierre Bourdieu. Through a comparison between Wittgenstein's and (...) Bourdieu's view and an analysis of the notion of habitus , I try to show how social contextualism can account for the distinction between sense and nonsense without falling into transcendental constructivism or social behaviourism. (shrink)

A la luz de algunas críticas recientes, en el marco de este texto se busca impulsar un debate que tiene lugar en dos frentes: por una parte, la lógica del origen de la lógica y, por otra parte, la relación entre psicoanálisis y marxismo. Para ello se recuperan algunos textos publicados por Alain Badiou hacia finales de la década de 1960, en los que polemiza con Jacques-Alain Miller alrededor de los concepto de "sutura" y "sujeto" (Zizek), para situar tanto las (...) diversas posiciones como las coherentes reconsideraciones a lo largo de su trayectoria intelectual. En efecto, desde "El concepto de modelo" hasta su más reciente trilogía (Teoría del sujeto, El ser y el acontecimiento y Lógica de los Mundos), se propone una perspectiva que lejos de establecer jerarquías y subordinaciones busca promover conexiones a partir de las especificidades y las diferencias a través de esa vía particular que es la filosofía. De este modo resulta posible apreciar que, pese a su crítica respecto de la primacía de la lógica del significante, los conceptos propuestos por Jacques Lacan funcionaron como una notoria fuente de inspiración para Badiou, especialmente en relación con el sujeto del inconsciente. (shrink)

mRNA synthesis in all organisms is performed by RNA polymerases, which work as nanomachines on DNA templates. The rate at which their product is made is an important parameter in gene expression. Transcription rate encompasses two related, yet different, concepts: the nascent transcription rate, which measures the in situ mRNA production by RNA polymerase, and the rate of synthesis of mature mRNA, which measures the contribution of transcription to the mRNA concentration. Both parameters are useful for molecular biologists, but they (...) are not interchangeable and they are expressed in different units. It is important to distinguish when and where each one should be used. We propose that for functional genomics the use of nascent transcription rates should be restricted to the evaluation of the transcriptional process itself, whereas mature mRNA synthesis rates should be employed to address the transcriptional input to mRNA concentration balance leading to variation of gene expression. (shrink)

The recruitment of respondents belonging to ethnic minorities poses important challenges in social and health research. This paper reflects on the enablers and barriers to recruitment that we encountered in our research work with persons belonging to ethnic minorities. Additionally, we applied the Matching Model of Recruitment, a theoretical framework concerning minority recruitment, to guide our reflection. We also explored its applicability as a research design tool. In assessing our research experience, we learned that minority recruitment in social and health (...) research is influenced by the social context of all key players involved in the research. Also, there are enablers and barriers within that social context facilitating or delaying the recruitment process. The main enablers to recruit respondents belonging to ethnic minorities include working with community agencies and gatekeepers who share a common vision with researchers and the latter’s ability to gain the trust of potential respondents. The main barriers include demanding too much from these same community agencies and gatekeepers and ignoring factors that could delay the completion of the research. Although we found the Matching Model of Recruitment to be an effective tool in assessing the processes of recruiting respondents belonging to ethnic minorities, further empirical research is needed to explore its usefulness during the research planning phase. (shrink)

Two of the most influential arguments for Bayesian updating ("Conditionalization") -- Hilary Greaves' and David Wallace's Accuracy Argument and David Lewis' Diachronic Dutch Book Argument-- turn out to impose a strong and surprising limitation on rational uncertainty: that one can never be rationally uncertain of what one's evidence is. Many philosophers ("externalists") reject that claim, and now seem to face a difficult choice: either to endorse the arguments and give up Externalism, or to reject the arguments and lose some of (...) the best justifications of Bayesianism. The author argues that the key to resolving this conflict lies in recognizing that both arguments are plan-based, in that they argue for Conditionalization by first arguing that one should planto conditionalize. With this in view, we can identify the culprit common to both arguments: for an externalist, they misconceive the requirement to carry out a plan made at an earlier time. They should therefore not persuade us to reject Externalism. Furthermore, rethinking the nature of this requirement allows us to give two new arguments for Conditionalization that do not rule out rational uncertainty about one's evidence and that can thus serve as common ground in the debate between externalists and their opponents. (shrink)

In recent years, after various scandals, the role of auditors has been called into question, even casting doubt on whether their reports reliably reflect the true financial situation of the auditee, especially when this situation is not good. Normative changes in the way auditors have to rate certain questions provide a good opportunity to study this problem. These changes have acquired great relevance among the factors involved in studying audit quality. Thus, the present study analyzed the effect of the normative (...) change that took place in Spain in December 2010, related to opinions modified for going-concern uncertainties. Until that date, the auditor’s uncertainty about the company’s going-concern status led to a qualified opinion. However, under the new regulation, it became an opinion that included an explanatory paragraph stating the reasons for concern, which was considered less serious. In all, 152 small- and medium-sized enterprises that had begun bankruptcy proceedings were studied. Expert systems were used for their analysis, based on classification trees assembled through boosting and bagging. In addition, the logistic regression was used as baseline to compare previous methods. The main result obtained was that a change in the norm that catalogs the going-concern issue as less serious made auditors more likely to report this situation, thus questioning the audit quality. (shrink)

Radical feminists have argued that there are normative exclusions that have silenced certain voices and have rendered certain meanings unintelligible. Some Wittgensteinians (including some Wittgensteinian feminists) have argued that these radical feminists fall into a philosophical illusion by appealing to the notions of 'intelligible nonsense' and 'inexpressible meanings', an illusion that calls for philosophical therapy. In this paper I diagnose and criticize the therapeutic dilemma that results from this interpretation of Wittgenstein's contextualism. According to this dilemma, if something is meaningful, (...) it must be expressible from the perspective of the participant in language-games; and if it is not so expressible, it is not meaningful at all. I argue that this is a false dilemma that rests on the untenable internalist notion of a unified 'participant's perspective'. I propose an alternative contextualist view that underscores the polyphony of language-games, that is, the irreducible multiplicity of perspectives always present in discursive practices (if only implicitly and in embryo). Through a discussion of the different meanings of silence, my polyphonic contextualism tries to show that our linguistic practices always exhibit an irreducible diversity and heterogeneity of points of view that cannot be subsumed under a unified perspective. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)