Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, (...) the performance of their contract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, and drawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area of arbitral procedure. (shrink)

Fodor's and Pylyshyn's stand on systematicity in thought and language has been debated and criticized. Van Gelder and Niklasson, among others, have argued that Fodor and Pylyshyn offer no precise definition of systematicity. However, our concern here is with a learning based formulation of that concept. In particular, Hadley has proposed that a network exhibits strong semantic systematicity when, as a result of training, it can assign appropriate meaning representations to novel sentences (both simple and embedded) which contain words in (...) syntactic positions they did not occupy during training. The experience of researchers indicates that strong systematicity in any form is difficult to achieve in connectionist systems.Herein we describe a network which displays strong semantic systematicity in response to Hebbian, connectionist training. During training, two-thirds of all nouns are presented only in a single syntactic position (either as grammatical subject or object). Yet, during testing, the network correctly interprets thousands of sentences containing those nouns in novel positions. In addition, the network generalizes to novel levels of embedding. Successful training requires a, corpus of about 1000 sentences, and network training is quite rapid. The architecture and learning algorithms are purely connectionist, but classical insights are discernible in one respect, viz, that complex semantic representations spatially contain their semantic constituents. However, in other important respects, the architecture is distinctly non-classical. (shrink)

Before his death in 1989, Gilbert Simondon wrote two major books consisting of his principal and complementary theses, both defended in 1958. The complementary thesis on the mode of existence of technical objects was published in 1958, while it was only in 1964 that sections of his principal thesis on individuation were made available to the public (and even then only the chapters dedicated to the regimes of physical and vital individuation, excluding those dealing with psychic and collective individuation.) Over (...) the course of his career, Simondon produced other major texts, but only in the form of unpublished courses or conference presentations published in poorly distributed journals. Some of these texts have .. (shrink)

Permissivism about rationality is the view that there is sometimes more than one rational response to a given body of evidence. In this paper I discuss the relationship between permissivism, deference to rationality, and peer disagreement. I begin by arguing that—contrary to popular opinion—permissivism supports at least a moderate version of conciliationism. I then formulate a worry for permissivism. I show that, given a plausible principle of rational deference, permissive rationality seems to become unstable and to collapse into unique rationality. (...) I conclude with a formulation of a way out of this problem on behalf of the permissivist. (shrink)

The main contribution of this paper is a novel account of ontological dependence. While dependence is often explained in terms of modality and existence, there are relations of dependence that slip through the mesh of such an account. Starting from an idea proposed by Jonathan Lowe, the article develops an account of ontological dependence based on a notion of explanation; on its basis, certain relations of dependence can be established that cannot be accounted by the modal-existential account. Dependence is only (...) one of two main topics of this paper, for it is approached via a discussion of the category of substance. On a traditional view, substances can be characterised as independent entities. Before the background of a modal-existential account of dependence, this idea appears problematic. The proposed notion of explanatory dependence is shown to vindicate the traditional approach to substance. (shrink)

Crucially, blame can be addressed to its targets, as an implicit demand for recognition. But when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations, we face a puzzle. If they would, their offense reflects a deliberative mistake, and blame’s hostility seems unnecessary. If they wouldn’t, addressing them is futile, and blame’s emotional engagement seems unwarranted. To resolve this puzzle, I develop an account of blame as a proleptic response to indeterminacy (...) in its target’s reasons, yielding attractive accounts of blame’s relation both to internal reasons claims and to free will. (shrink)

Sheds new light on Heidegger's early theological development.

Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to (...) how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient to make the financial sector a means to sustainable development. Some modest legal reforms to improve the quality and extent of SRI have yet to make a tangible difference. A more ambitious strategy to promote SRI for environmental sustainability is possible, based on reforming the fiduciary duties of financial institutions. Such duties, tied to concrete performance standards, could make financiers invest in more ethically responsible ways. Other collateral reforms to financial markets, including improved corporate environmental reporting, are required to promote sustainability. (shrink)

Can understanding be based on false beliefs? I argue that it can. I first argue that the best way to understand the question is that it is whether one can increase one's degree of understanding by adopting an overall less accurate body of beliefs. I identify three sufficient conditions for one body of beliefs to be more accurate than another. Next, I appeal to two widely used methods of comparing degrees of understanding. With these methods, I show that understanding can (...) be gained by acquiring false beliefs. In addition, I show that this implies that understanding is not factive. (shrink)

Despite their diversity, human languages share consistent properties and regularities. Wherefrom does this consistency arise? And does it tell us something about the problem that all languages need to solve? The authors provide an intriguing analyses which focuses on the “communicative function of ambiguity” whose resolution entailed an equally intriguing “speaker–listener cross‐entropy objective for measuring the efficiency of linguistic systems from first principles of efficient language use.”.

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...) we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a claim is determined (...) in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

If the Bounded Proper Forcing Axiom BPFA holds, then Mouse Reflection holds at N₂ with respect to all mouse operators up to the level of Woodin cardinals in the next ZFC-model. This yields that if Woodin's ℙ max axiom (*) holds, then BPFA implies that V is closed under the "Woodin-in-the-next-ZFC-model" operator. We also discuss stronger Mouse Reflection principles which we show to follow from strengthenings of BPFA, and we discuss the theory BPFA plus "NS ω1 is precipitous" and strengthenings (...) thereof. Along the way, we answer a question of Baumgartner and Taylor. [2, Question 6.11]. (shrink)

One implication of Bell’s theorem is that there cannot in general be hidden variable models for quantum mechanics that both are noncontextual and retain the structure of a classical probability space. Thus, some hidden variable programs aim to retain noncontextuality at the cost of using a generalization of the Kolmogorov probability axioms. We generalize a theorem of Feintzeig to show that such programs are committed to the existence of a finite null cover for some quantum mechanical experiments, i.e., a finite (...) collection of probability zero events whose disjunction exhausts the space of experimental possibilities. (shrink)

According to some accounts of exploitation, most notably Ruth Sample’s degradation-based account and Robert Goodin’s vulnerability-based account, exploitation occurs when an advantaged party fails to constrain their advantage in light of another’s disadvantage, regardless of the cause of this disadvantage. Because the duty of constraint in these accounts does not depend on the cause of the disadvantage, the advantaged’s duty of constraint is what I call a ‘come-what-may’ duty. I show that come-what-may duties create moral hazards that can themselves be (...) exploited by the disadvantaged parties. In such cases these accounts of exploitation are either self-frustrating or over-demanding. (shrink)

With the godlike powers of modern technology, just one bad actor can unleash hell on Earth. In the face of this threat posed by technology, some have proposed moral bioenhancement as a solution. Although moral bioenhancement may at first seem like something Christian should support, it is my contention in this paper that there is at least one significant reason for Christians to be cautious in their appropriation of moral bioenhancement technology: it can at best give us a false apatheia, (...) which runs the ironic risk of destroying our ability to make moral progress. (shrink)

It is widely accepted in science that the universe is a closed deterministic system in which everything can, ultimately, be explained by purely physical causation. And yet we all experience ourselves as having the freedom to choose between alternatives presented to us — ‘we’ are in the driving seat. The puzzling status of volition is explored in this issue by a distinguished body of scientists and philosophers.

Recent Darwin scholarship has provided grounds for recognising the Origin as a literary as well as a scientific achievement. While Darwin was an acute observer, a gifted experimentalist and indefatigable theorist, this essay argues that it was also crucial to his impact that the Origin transcended the putative divide between the scientific and the literary. Analysis of Darwin’s development as a writer between his journal-keeping on HMS Beagle and his construction of the Origin argues the latter draws on the pattern (...) of the Romantic or Kantian sublime. The Origin repeatedly uses strategies which challenge the natural-theological appeal to the imagination in conceiving nature. Darwin’s sublime coaches the Origin’s readers into a position from which to envision nature that reduces and contains its otherwise overwhelming complexity. As such, it was Darwin’s literary achievement that enabled him to fashion a new ‘habit of looking at things in a given way’ that is the centrepiece of the scientific revolution bearing his name. (shrink)

The first philosophers of the Frankfurt School famously turned to the psychoanalytic theories of Sigmund Freud to supplement their Marxist analyses of ideological subjectification. Since the collapse of their proposed "marriage of Marx and Freud," psychology and social theory have grown apart to the impoverishment of both. Returning to this union, Benjamin Y. Fong reconstructs the psychoanalytic "foundation stone" of critical theory in an effort to once again think together the possibility of psychic and social transformation. Drawing on the (...) work of Hans Loewald and Jacques Lacan, Fong complicates the famous antagonism between Eros and the death drive in reference to a third term: the woefully undertheorized drive to mastery. Rejuvenating Freudian metapsychology through the lens of this pivotal concept, he then provides fresh perspective on Theodor Adorno, Max Horkheimer, and Herbert Marcuse's critiques of psychic life under the influence of modern cultural and technological change. The result is a novel vision of critical theory that rearticulates the nature of subjection in late capitalism and renews an old project of resistance. (shrink)

The authors put forward an interesting response to detractors of black box algorithms. According to the authors, what is of ethical relevance for medical artificial intelligence is not so much their transparency, but rather their reliability as a process capable of producing accurate and trustworthy results. The implications of this view are twofold. First, it is permissible to implement a black box algorithm in clinical settings, provided the algorithm’s epistemic authority is tempered by physician expertise and consideration of patient autonomy. (...) Second, physicians are not expected to possess exhaustive knowledge or understanding of the algorithmic computation by which they verify or augment their medical opinions. The potential of these algorithms to improve diagnostic and procedural accuracy alongside the quality of patient decision-making is undoubtedly a boon to modern medicine, but blind deference to them is neither feasible nor responsible, as several logistical and ethical quagmires noted by the authors still remain inherent in algorithmic software. I concur …. (shrink)

Many friends of the category of particularised qualities subscribe to the view that particularised qualities have a unique bearer in which they inhere; no such quality then can inhere in two different entities. But it seems that this idea is flawed, for there are apparent counterexamples. An apple's redness is identical with the redness of its skin, though the apple is distinct from its skin. So it seems that a principle of bearer‐uniqueness has to be modified, maybe by excluding certain (...) unwanted cases. However, I argue that the need of a modification is not a direct consequence of the supposed counterexamples. Their dangerous potential for the principle arises if one takes the genitive in expressions of the form ‘a's F‐ness’ to signify the relation of inherence. I propose an alternative view: The genitive signifies a relation which is indeed closely related to inherence, but which is, contrary to inherence itself, partitive. That is, it may hold between a particularised quality and another entity because it holds between the quality and a part of the entity. If one regards the ontologically interesting relation of inherence as non‐partitive, one can still adhere to an unrestricted principle of bearer‐uniqueness. (shrink)

The right temporo-parietal junction (rTPJ) has been associated with two apparently disparate functional roles: in attention and in social cognition. According to one account, the rTPJ initiates a “circuit-breaking” signal that interrupts ongoing attentional processes, effectively reorienting attention. It is argued this primary function of the rTPJ has been extended beyond attention, through a process of evolutionarily cooption, to play a role in social cognition. We propose an alternative account, according to which the capacity for social cognition depends on a (...) network which is both distinct from and in tension with brain areas involved in focused attention and target detection: the default mode network. Theory characterizing the rTPJ based on the area’s purported role in reorienting may be falsely guided by the co-occurrence of two distinct effects in contiguous regions: activation of the supramarginal gyrus (SMG), associated with its functional role in target detection; and the transient release, during spatial reorienting, of suppression of the angular gyrus (AG) associated with focused attention. Findings based on meta-analysis and resting functional connectivity are presented which support this alternative account. We find distinct regions, possessing anti-correlated patterns of resting connectivity, associated with social reasoning (AG) and target detection (SMG) at the rTPJ. The locus for reorienting was spatially intermediate between the AG and SMG and showed a pattern of connectivity with similarities to social reasoning and target detection seeds. These findings highlight a general methodological concern for brain imaging. Given evidence that certain tasks not only activate some areas but also suppress activity in other areas, it is suggested that researchers need to distinguish two distinct putative mechanisms, either of which may produce an increase in activity in a brain area: functional engagement in the task versus release of suppression. (shrink)

The Equal Weight View holds that, when we discover we disagree with an epistemic peer, we should give our peer’s judgment as much weight as our own. But how should we respond when we cannot tell whether those who disagree with us are our epistemic peers? I argue for a position I will call the Earn-a-Spine View. According to this view, parties to a disagreement can remain confdent, at least in some situations, by fnding justifable reasons to think their opponents (...) are less credible than themselves, even if those reasons are justifable only because they lack information about their opponents. (shrink)

Middle childhood, the period from 6 to 12 years of age, is defined socially by increasing autonomy and emotional regulation, somatically by the development of anatomical structures for subsistence, and endocrinologically by adrenarche, the adrenal production of dehydroepiandrosterone (DHEA). Here I suggest that DHEA plays a key role in the coordinated development of the brain and body beginning with middle childhood, via energetic allocation. I argue that with adrenarche, increasing levels of circulating DHEA act to down-regulate the release of glucose (...) into circulation and hence limit the supply of glucose which is needed by the brain for synaptogenesis. Furthermore, I suggest the antioxidant properties of DHEA may be important in maintaining synaptic plasticity throughout middle childhood within slow-developing areas of the cortex, including the insula, thamalus, and anterior cingulate cortex. In addition, DHEA may play a role in the development of body odor as a reliable social signal of behavioral changes associated with middle childhood. (shrink)

At times of crisis, existing institutional arrangements of societies are thrown into question. Crises that occur in multiple societies simultaneously present rare opportunities for comparative empirical analysis. Social theory can reveal the framing conditions of the responses to crises and the sources of variations between them. This paper compares the immediate responses of the Australian, UK and US governments to the global COVID-19 pandemic, particularly with regard to financing lockdowns, and points out significant differences between the three approaches. Drawing on (...) Polanyi’s method of institutional analysis, we compare the responses of these same national groups to an earlier crisis, the Japanese prisoner of war camps during the Second World War, to show similar patterns of integration recurring eight decades apart. This analysis shows that aspects of moral economies that are not usually apparent can become pronounced during crises, and points to the importance of enduring social imaginaries. (shrink)

Antiques are undoubtedly objects worthy of aesthetic appreciation, but do they have a distinctive aesthetic value in virtue of being antiques? In this article we give an account of what it is to be an antique that gives the thesis that they do have a distinctive aesthetic value a chance of being true and suggests what that distinctive value consists in. After introducing our topic in Section I, in Section II we develop and defend the Adjectival Thesis: the thesis that (...) the concept of being an antique is an adjectival concept. This provides us with the means to formulate our definition, which we do in Section III. In Section IV we further explicate and defend our definition. In Section V we conclude by briefly saying where we think our definition could be improved, by making a few comments about the aesthetics of antiques and by stating an interesting consequence of our definition: that it is not analytic that antiques are old. (shrink)

In Plato's Lysis, Socrates' conversation with Lysis features logical fallacies and questionable premises and closes with a blatantly eristic trick. I show how the form and content of these arguments make sense if we interpret them from the perspective of Socrates' pedagogical goals. Lysis is a competitive teenager who, along with his friend Menexenus, enjoys the game of eristic disputation. Socrates recognizes Lysis' predilections, and he constructs his arguments to engage Lysis' interests and loves, while also drawing the boy into (...) thinking philosophically about the issues that the arguments raise about love, freedom, and happiness. (shrink)

Worship is a topic that is rarely considered by philosophers of religion. In a recent paper, Tim Bayne and Yujin Nagasawa challenge this trend by offering an analysis of worship and by considering some difficulties attendant on the claim that worship is obligatory. I argue that their case for there being these difficulties is insufficiently supported. I offer two reasons that a theist might provide for the claim that worship is obligatory: (1) a divine command, and (2) the demands of (...) justice with respect to God's redemption of humanity. I also challenge the soundness of some of the analogies they employ in their argument. (shrink)

As a metaphysical theory, radical ontic structural realism is characterised mainly in terms of the ontological primacy it places on relations and structures, as opposed to the individual relata and objects that inhabit these relations/structures. The most popular criticism of ROSR is that its central thesis is incoherent. Bain attempts to address this criticism by arguing that the mathematical language of category theory allows for a coherent articulation of ROSR’s key thesis. Subsequently, Wüthrich and Lam and Lal and Teh have (...) criticised Bain’s arguments and claimed that category theory fares no better than set theory in coherently articulating the main ideas of ROSR. In this paper, we defend Bain’s main arguments against these critiques, and attempt to elaborate on the sense in which category theory can be seen as providing a coherent articulation of ROSR. We also consider the relationship between ROSR and Categorical Quantum Mechanics. (shrink)

In this paper, I present an argument for a rational norm involving a kind of credal attitude called a quantificational credence – the kind of attitude we can report by saying that Lucy thinks that each record in Schroeder’s collection is 5% likely to be scratched. I prove a result called a Dutch Book Theorem, which constitutes conditional support for the norm. Though Dutch Book Theorems exist for norms on ordinary and conditional credences, there is controversy about the epistemic significance (...) of these results. So, my conclusion is that if Dutch Book Theorems do, in general, support norms on credal states, then we have support for the suggested norm on quantificational credences. Providing conditional support for this norm gives us a fuller picture of the normative landscape of credal states. (shrink)