This article considers the principles that ought to be used to determine the scope and content of contract law's «default rules», the rules that will, in the absence of express exclusion, govern parties» contractual relationships. It examines three, ostensibly competing, approaches discussed in the literature: that defaults be grounded in the subjective consent of contracting parties, in the customs and norms immanent within the parties» community, and in the value of economic efficiency. It argues that each has something of value (...) to tell us about default rules, but that none can, in isolation, offer a wholly compelling prescription for their design. Rather, the best such prescription must be an eclectic one, drawing something from all three accounts, but varying to reflect the institution promulgating the default. Where defaults are promulgated legislatively, the case for choosing rules that will promote efficiency is a strong one, and the main criticism of efficiency analysis is shown, in this particular context, to be misguided. Where, however, defaults are promulgated adjudicatively—in the context of settling individual cases—the normative appeal of efficiency is much reduced. The article, then, criticizes efficient adjudicative defaults against their defenders, whilst defending efficient legislative defaults against their critics. (shrink)

We believe the dichotomy of processes introduced in the target article is highly speculative, because the dichotomy is shaped by the questionable assumption of modularity and the complementary assumption of locality. As a result, the author falls into a line of circular reasoning that biases his analysis of the experimental and neuropsychological data, and weakens the proposed model.

In an examination of the psychological aspect of passing, this essay challenges Sandy Stone's conceptualization and subsequent request for transsexuals to forego the act. Employing an auto-ethnographical approach, this essay contends that considering the “psychic” dimensions of passing requires different, and more hopeful, articulations about transsexual bodies, such that gendered and racialized transsexual bodies are produced not simply in terms of social reading and physical embodiment, but also through psychic affirmation and disavowal.

Ghostwriting is viewed by some as a necessary element for crafting an effective public image. Defenders of ghostwriting see no ethical dilemma in the practice because the audience knows the speechgiver is not necessarily the speechwriter. Alernatively, those regarding ghostwriting as unethical view the practice as deceitful. This group argues that the audience does not recognize the employment of a speechwriter and thus a speechgiver relies on the words of another to fortify personal ethos. This article examines several positions regarding (...) the ethics of ghostwriting and discusses an empirical study testing three major positions found in ghostwriting literature. Findings from the study indicate that respondents do recognize the use of speechwriters by certain individuals in certain circumstances. (shrink)

German philosopher Martin Heidegger stirred educators when in 1951 he claimed teaching is more difficult than learning because teachers must ‘learn to let learn’. However in the main he left the aphorism unexplained as part of a brief four-paragraph, less than two-page set of observations concerning the relationship of teaching to learning; and concluded at the end of those observations that to become a teacher is an ‘exalted matter’. This paper investigates both of Heidegger's claims, interpreting letting learn in the (...) context of Heidegger's larger philosophical project, and suggesting why in light of that project to become a teacher is an exalted concern. The methodology guiding the inquiry is largely hermeneutic, the purpose of the essay to interpret teaching from a Heideggerian perspective: its nature and general method. (shrink)

We report on an unpublished and previously unknown manuscript of John von Neumann and contextualize it within the development of the theory of shock waves and detonations during the nineteenth and twentieth centuries. Von Neumann studies bombs comprising a primary explosive charge along with explosive booster material. His goal is to calculate the minimal amount of booster needed to create a sustainable detonation, presumably because booster material is often more expensive and more volatile. In service of this goal, he formulates (...) and analyzes a partial differential equation-based model describing a moving shock wave at the interface of detonated and undetonated material. We provide a complete transcription of von Neumann’s work and give our own accompanying explanations and analyses, including the correction of two small errors in his calculations. Today, detonations are typically modeled using a combination of experimental results and numerical simulations particular to the shape and materials of the explosive, as the complex three dimensional dynamics of detonations are analytically intractable. Although von Neumann’s manuscript will not revolutionize our modern understanding of detonations, the document is a valuable historical record of the state of hydrodynamics research during and after World War II. (shrink)

Introduction The General Medical Council stipulates that doctors must be competent professionals, not merely scholars and practitioners. Medical school curricula should enable students to develop professional values and competencies. Additionally, medical schools are moving towards integrated undergraduate curricula, Cardiff's C21 being one such example. Methods We carried out an audit to determine the extent to which C21 delivers GMC professionalism competencies, and a student questionnaire to explore student perspective on ethics and professionalism. Results and discussion C21 delivers explicit or implicit (...) teaching for all major GMC competencies, though some missed opportunities remain. The questionnaire responses showed that most students value ethics and professionalism teaching, and that it is most well received when delivered in a variety of ways and contexts throughout the curriculum. We also note that some respondents confuse ethics and professionalism with the policing of student behaviour. Conclusions C21 and curricula like it offer many opportunities for nurturing ethically and professionally competent physicians. Students appear to value this, though there remains confusion between medical school discipline and ethics and professionalism which needs further explication. (shrink)

Progressive supranuclear palsy is a movement disorder with prominent tau neuropathology. Brain diseases with abnormal tau deposits are called tauopathies, the most common of which is Alzheimer's disease. Environmental causes of tauopathies include repetitive head trauma associated with some sports. To identify common genetic variation contributing to risk for tauopathies, we carried out a genome-wide association study of 1,114 individuals with PSP and 3,247 controls followed by a second stage in which we genotyped 1,051 cases and 3,560 controls for the (...) stage 1 SNPs that yielded P ≤ 10-3. We found significant previously unidentified signals associated with PSP risk at STX6, EIF2AK3 and MOBP. We confirmed two independent variants in MAPT affecting risk for PSP, one of which influences MAPT brain expression. The genes implicated encode proteins for vesicle-membrane fusion at the Golgi-endosomal interface, for the endoplasmic reticulum unfolded protein response and for a myelin structural component. © 2011 Nature America, Inc. All rights reserved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Little Eternities: Henry James’s Horatian Sense of Time KATHLEEN RILEY Summer’s lease hath all too short a date. —Shakespeare, Sonnet 18 On a visit to Bodiam Castle in Sussex in 1908, Henry James remarked to Edith Wharton: “Summer afternoon—summer afternoon; to me those have always been the two most beautiful words in the English language.”1 The potency of those two words derives from their immediate evocation of an (...) arrested moment between the day’s halcyon perfection and its imminent dying fall. Small wonder that those same words were later used to mythologize an Edenic Edwardian England poised on the brink of war, to preserve in aspic the fancy of a gilded innocence and order, and the promise of “blue remembered hills,”2 careless of the teeming, tumultuous reality of an England already in the shadow of the Tree of Knowledge. James’s masterpiece of 1881, The Portrait of a Lady, begins with a luxuriously redolent depiction of a summer afternoon, of the hours before dusk that constitute a pleasurable little eternity, of the languorous rhythms and rituals of what Disraeli called “the sustained splendour of [a] stately life.”3 Under certain circumstances there are few hours in life more agreeable than the hour dedicated to the ceremony known as afternoon tea. There are circumstances in which, whether you partake of the tea or not—some people of course never do,—the situation is in itself delightful. Those that I have in mind in beginning to unfold this simple history offered an admirable setting to an innocent pastime. The implements of the little feast had been disposed upon the lawn of an old English country-house, in what I should arion 27.1 spring/summer 2019 call the perfect middle of a splendid summer afternoon. Part of the afternoon had waned, but much of it was left, and what was left was of the finest and rarest quality. Real dusk would not arrive for many hours; but the flood of summer light had begun to ebb, the air had grown mellow, the shadows were long upon the smooth, dense turf. They lengthened slowly, however, and the scene expressed that sense of leisure still to come which is perhaps the chief source of one’s enjoyment of such a scene at such an hour. From five o’clock to eight is on certain occasions a little eternity; but on such an occasion as this the interval could be only an eternity of pleasure.4 This passage, it strikes me, is essentially Horatian in its Epicurean delight in the passing moment. For the Augustan poet Horace, this delight, which is intrinsically elegiac, is expressed in the sympotic pleasures of wine and friendship, in the freedom aestivam sermone benigno tendere noctem (“to prolong the summer night with genial conversation,” Epistles i.5.11). For Henry James, it rests in “the ceremony known as afternoon tea,” in the lengthening shadows on an English lawn by “the reedy, silvery Thames” (PL 32). In both cases the evanescence of these simple pleasures is deeply felt and pleasure itself heightened by an undertone of melancholy, by a nostalgic apprehension of the present. LOCI AMOENI in his review of Augustus J. C. Hare’s Days near Rome (1875), Henry James commented: “The smallest pretext for quoting from Horace—the most quotable of the ancients— should always be cultivated.”5 His own facility for quoting from Horace was evident from his earliest published works, and belied an “extraordinarily haphazard and promiscuous” education shuttling, at his father’s restless instigation, between New England, Britain and Continental Europe.6 James’s biographer, Leon Edel, recorded the family legend that William James (Henry’s Irish grandfather), “who was eighteen in 1789, when he set foot in the New World, 22 little eternities brought with him a ‘very small sum of money,’ a Latin grammar and a desire to visit the fresh battlefields of the Revolutionary War.”7 Young Henry’s instruction in Latin grammar seems to have begun in the Old World, under a private tutor in London in 1855, a Scotsman named Robert Thomson who later ran a small school in Edinburgh attended by Robert Louis Stevenson. It... (shrink)

Tacitus writes that, by insisting that legionary legates who had not so far held the praetorship should immediately proceed to that office, Asinius Gallus ‘altius penetrare et arcana imperii temptari’. In C.Q. N.S. xvi , 327, I suggested that this demand of Gallus’ was probably probing dangerously deeply into and perhaps threatening to wreck the carefully worked-out imperial promotions system, the working of which has been examined by Birley. It is the purpose of this note to look at a number (...) of examples of such irregularity, which, though not as early as the debate during the course of which Gallus made his suggestion, do at least illustrate the process later in the Julio-Claudian era. (shrink)

The aim of this investigation is to explore the role of argumentation schemes in enthymeme reconstruction. This aim is pursued by studying selected cases of incomplete arguments in natural language discourse to see what the requirements are for filling in the unstated premises and conclusions in some systematic and useful way. Some of these cases are best handled using deductive tools, while others respond best to an analysis based on defeasible argumentations schemes. The approach is also shown to work reasonably (...) well for weak arguments, a class of arguments that has always been difficult to analyze without the principle of charity producing a straw man. (shrink)

Scholars of modernity have taken a particular interest in processes of urbanization and—thinking of Simmel, Benjamin, Mumford and Weber—the character of different varieties of city. From a different angle, notions of urban imaginary have gained greater purchase in the field of contemporary urban studies in comparative analysis of varieties of city. This essay begins with notes on both classical accounts of the city in social theory and current concepts of urban imaginaries. The notes revolve around the essay’s main topic: the (...) institution of cities of New World, specifically those of the United States and Canada. Paralleling Castoriadis’ conception of the imaginary institution, the present author argues for a more exact notion of metropolitan imaginaries, differentiated from the broader subject of urban imaginaries. ‘Metropolitan imaginaries’ denotes processes of urbanization at the heart of networks of migration, transport, and flows of capital and culture. As part of larger imaginaries, metropolises generate immigrant cities. The specific kind of creation in question produces creativity also by concentrating intellectual and creative schools of design in architecture and visual culture. In sum, metropolises are not merely part of networks of connection and creation; they produce networks and act as the hubs of interaction and creativity within larger social imaginaries. The essay explores this argument in the contexts of US and Canadian modernity and state formation, with specific foci on New York, Chicago, and Toronto. The conclusion notes two limitations to the case presented here and sketches planned directions for future research. (shrink)

This book studies the diverse societies, cities, nations, economies, and regions of the Americas as they emerged in the Western hemisphere in the nineteenth and twentieth centuries. Drawing on the paradigms of social imaginaries and civilizational analysis, it explores regions of Central America, the Caribbean, the United States, and Latin America.

R. S. Peters, C. A. Mace; VII—Emotions and the Category of Passivity, Proceedings of the Aristotelian Society, Volume 62, Issue 1, 1 June 1962, Pages 117–142, h.

The issue of what consequences to draw from the existence of non-classical logical systems has been the subject of an interesting debate across a diversity of fields. In this paper the matter of alternative logics is considered with reference to a specific belief system and its propositions :the Azande are said to maintain beliefs about witchcraft which, when expressed propositionally, appear to be inconsistent. When the Azande have been presented with such inconsistencies, they either fail to see them as such (...) or else accept them as non-problematical. Is our knowledge of logical truths a relative and culturally determined phenomenon, or is there some (transcendent) criterion that allows us to adjudicate between alternative logical systems? The authors propose an approach for resolving disputes about the status of Azande reasoning which assumes a paraconsistent framework, thus providing a new perspective on this debate. (shrink)

R. S. Peters, C. A. Mace; VII—Emotions and the Category of Passivity, Proceedings of the Aristotelian Society, Volume 62, Issue 1, 1 June 1962, Pages 117–142, h.

Civilizational analysis has not concerned itself too greatly with the historical experiences of the American New World. There are good reasons to correct this position and Shmuel Eisenstadt’s principal work on America’s distinct modernities goes some way to establishing the colonization of the Atlantic world as an opening phase of modernity. Nonetheless, a more far-reaching analysis of the distinctiveness of diverse American societies can be developed that goes beyond the image of a Protestant North America contrasted with southern Latin cultures. (...) This article outlines the basis for a more nuanced approach in three steps: a focus on intercivilizational engagement, examination of civilizational factors neglected by Eisenstadt and reconsideration of the conceptual range of the notion of ‘civilization’ itself. The archetype of two Americas is replaced by a model of four with some consideration given to indigenous civilizations as a fifth America. (shrink)

Developments in biotechnology present difficult social and ethical challenges that need to be resolved by regulators among others. One crucial problem for regulators of new technologies is to ensure that regulation is both clear and sufficiently flexible to respond to new developments. This is particularly difficult to achieve in contentious fields such as medical biotechnology. In the European Union there is a divergence in the solutions to this problem which has lead to different regulatory frameworks for medical biotechnology. This paper (...) compares and contrasts the British and Dutch regulatory frameworks for the selection of embryos by preimplantation genetic diagnosis as an example of the regulation of medical biotechnology. Some of the outcomes of the regulatory choices and possible reasons behind the divergent frameworks are discussed, such as the ethical outlooks and political systems in these countries. (shrink)

Constructivist research in Science and Technology Studies is committed to revealing the heterogeneity of technological change and the fluid boundaries between the elements involved. Its major theories, the Social Construction of Technology and Actor Network Theory, have however both been criticized for limiting themselves to the micro-level of cases, impeding a structural analysis of technological systems. This article seeks to bridge any such divides. We research the recent changes in the viticulture of Mendoza, Argentina, which underwent radical changes over the (...) past decades: once governed by low-cost yield maximization, grape production now revolves around “quality.” To show how the particular quality definition developed, we depart from a social-constructivist framework, following the sociotechnical shaping of problem-solution relationships across the wine production system. To include relevant social groups from different settings around the world, we gradually incorporate the ANT concepts of obligatory passage points, enrollment, convergence, delegation, and codes into the analysis. Combined into the concept of “sociotechnical alliance,” our analysis follows the dual process of creating agreement while establishing heterogeneous practices across settings at different levels. It shows that functioning involves alliance building and highlights the hybridity and continuous dynamics of systems at large. (shrink)

Textbooks Ta‘lîm al-muta‘allim can be an alternative solution to the problems of character education in Indonesia. Inside the book there are methods that specifically leads to holistic learning code like the concept of learning objectives, choose a teacher or school, choosing friends, even mastered a learning method such as learning itself, deliberation, mutharahah, and mudzakarah. This study aimed to analyze the text book Ta‘lîm al-muta‘allim works of Sheikh Az-Zarnuji then compare it with several books of Plato’s philosophy idealism. The method (...) used is the analysis of documents by grouping clauses-clauses in the textbook Ta‘lîm al-muta‘allim in category: metaphysics, epistemology, axiology, the purpose of education, curriculum, method, the position of the students and teachers. Then compare it with documents from various sources about the Platoidealism. The study shows that there are some similarities between SheikhAz-Zarnuji thought with Plato. For example, the similarity between the two is the concept of metaphysics in Ta‘lîm al-muta‘allim called ma’rifatullah, while the concepts included in the Plato called the idealistic concept of macrocosm and microcosm. The similarity was impacted on shared educational goals from SheikhAz-Zarnuji, students and revitalize direction, into individual for himself, to achieve goodness and union with God. The difference mainly stated in the concept of metaphysics specific aspects in their respective reviews. For example, Sheikh Az-Zarnuji said that reality comes from God, while idealism states that the reality can be dug in God through contemplation or idea or reason. (shrink)

In recent years, the starting-dates of both the Historiae and the Annales of Tacitus have been criticized. In the case of the Historiae, Hainsworth has claimed that Tacitus chose to start his narrative with the events of A.D. 69, because for various reasons the events of A.D. 68 were an embarrassment to him. Syme has suggested, in the case of the Annales, that by starting with the accession of Tiberius, Tacitus has barred himself from a proper understanding of that principate.

Johann Arnason’s exploration of the historical constellation of East Asia has helped reproblematize the conceptual framework of modernity and civilization. This article outlines Arnason’s innovations in civilizational analysis and social theory in the field of comparative studies of Japan. It sets out the terms on which a nuanced elaboration of Arnason’s framework could occur. Two areas warrant closer attention: state formation and the institution of capitalism. It is argued that there are signs of what might be termed a ‘tertiary’ phase (...) of state formation, implicit in Arnason’s discussion of advanced modernity. Moreover, this phase brought Japan into close contact with the newly unfolding context of the West’s civilizational imaginary, particularly in its ideological expressions of evolutionism. The article ends on the problematic of capitalism, raising questions about further potential theoretical developments based on Arnason’s conclusions and other inventive studies of Japanese capitalism. (shrink)