This article examines how private equity returns in Asia are related to levels of legal protection and corruption. We utilize a unique data set comprising over 750 returns to private equity transactions across 20 developing and developed countries in Asia. The data indicate that legal protections are an important determinant of private equity returns in Asia, but also that private equity managers are able to mitigate the potential for corruption. The quality of legal system (including legal protections) is positively related (...) to returns. Inefficient legal protections negatively impact transaction structures and economic certainty when exiting investments. We also find that private equity managers, irrespective of the quality of legal system they are operating within, can mitigate the potential impact of corruption. Private equity returns are higher in countries with higher levels of corruption, controlling for legal systems. This finding is consistent with the view that private equity managers bring about organizational change to alleviate the costs of corruption. Our findings are robust to inclusion of controls for Hofstede cultural variables, economic conditions, and transaction specific characteristics, as well as consideration of econometric sample selection methods for unexited investments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 83-85 [Access article in PDF] Lacan, Science, and Determinism Douglas McConnell Grant Gillett Keywords Lacan, the unconscious, free will Van Staden And Hinshelwood's commen-taries raise a number of issues, but there are two particular themes common to both that we pick up in this response.The first theme concerns the reconcilability of Lacanian theory to the disciplines of analytic philosophy and "Anglo-American (...) positivist psychiatry." This is closely related to the relationship between the unconscious and the empirical sciences discussed in the editorial (McConnell and Pickering 2005). The second theme concerns the relevance of Lacanian theory to our understanding of free will and the structure of the mind. Lacan, Analytic Philosophy, and Scientific Psychiatry First, psychoanalysis or psychotherapy generally should not try to reunite with neuroscience because of the fundamental difference in their approaches to the patient, which is likely to mean that even if a theoretical rapprochement can be found, a working relationship is unlikely.Although there are many facets of Lacan's theory that were not addressed in our paper and even if many of those are totally irreconcilable to analytic philosophy, we believe that we have addressed the most ontologically fundamental issues and that these can genuinely contribute to and challenge analytic philosophy of mind.As Hinshelwood points out, psychiatry does operate with a philosophical basis, critical (or sometimes relatively uncritical) scientific realism (even though it may not be acknowledged), and it as such it can legitimately be contributed to or challenged by the philosophical aspects of Lacanian theory outlined in our paper.In fact, the theoretical basis is evinced in van Staden's commentary when he remarks on the relation between Lacanian theory and psychiatry: "... the unconscious is not only structured like a language but actually reflects and is produced by linguistic interaction between the subject and others. This is a difficult claim to verify, no doubt, but it prompts further related questions... whether the conscious mind is structured like a language" (van Staden 2005, 78). And one must ask whether this is the kind of claim that can be verified or whether it is a hermeneutic claim (in somewhat the way suggested by Jaspers), serving more as a framing belief to allow people to make sense of what has influenced them in their life histories and is currently played out in their relationships with others. We would lean toward this interpretation of the unconscious, explicitly distancing ourselves from any overreaching, quasi-scientific realism about unconscious contents and mental structures, but clinging to the thought that dealing with such contents is an essential part of the therapeutic encounter. [End Page 83]Looked at in this way, both the Lacanian unconscious and conscious mental life bear the imprint of language due to the subject's immersion and participation in the symbolic realm. This may seem a "difficult claim to verify," but because verification is linked to the scientific framework of inquiry rather than the hybrid that is clinical knowledge, we would better regard it as being difficult to establish as an axiom of therapy. The linguistic structure of the conscious and unconscious mind is, on this account, a conceptual implication of the role of the symbolic register in thought and not a thesis that requires verification (a Wittgensteinian thesis espoused by a number of contemporary philosophers, including Dummett and Davidson).As it happens, cognitive science has found linguistic structure to be important in operations of the cognitive unconscious (arguably different from the dynamic unconscious due to the former's dependence on scientific experiment and the latter's connections to life history rather than mere psychological or cognitive traits [see Gillett and McConnell 2005]). Given that language and problem solving are so closely intertwined, it would suggest that cognitive science was overlooking something important rather than damaging Lacanian theory if linguistic structure did not appear on cognitive science's "radar." So, how does language logically (in the sense defended by Husserl and Frege, that is, to do with the sense or content of thoughts not merely the processes underpinning one's contingently evolving stream... (shrink)

Lacan, despite being largely ignored and misunderstood in Anglo-American analytic philosophy, brings psychoanalytic theory into close contact with the philosophy of mind and psychiatry as illuminated by the continental tradition. He draws on Freud, phenomenology, existentialism, and structuralism to construct a subtle theoretical approach to the psyche according to which our engagement in discourse and our existence in the world combine to generate a many layered structure of meanings and influences that forms us. This allows him to focus on the (...) nature and role of language and our discursively constructed self-conceptions both in the therapeutic encounter and in the maladies of the psyche. The relevance of Lacan's thought for analytic philosophy of psychiatry can be explored by pursuing his links to Freud, his complex treatment of issues in the philosophy of language, and a subtle blend of existentialism and continentally inspired naturalism that paints the contours of the unconscious mind in operationally compelling terms. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

On September 1, 2023, Texas made important revisions to it its decades‐old statute granting legal safe harbor immunity to physicians who withhold or withdraw life‐sustaining treatment over the objection of critically ill patients’ surrogate decision‐makers. However, lawmakers left untouched glaring flaws in a key safeguard for patients—the transfer option. The transfer option is ethically important because, when no hospital is willing to accept the patient in transfer, that fact is taken as strong evidence that the surrogates’ treatment requests fall outside (...) accepted medical practice. But there are serious shortcomings in how the transfer option is carried out in Texas and many other states, which undermines the ethical usefulness of the process. We identify these shortcomings and recommend revisions to state statutes and professional guidelines to overcome them. (shrink)

Although fallacies have been common since Aristotle, until recently little attention has been devoted to identifying and defining them. Furthermore, the concept of fallacy itself has lacked a sufficiently clear meaning to make it a useful tool for evaluating arguments. Douglas Walton takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies. Walton uses case studies illustrating familiar arguments and tricky deceptions in everyday conversation where the charge of (...) fallaciousness is at issue. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate arguments as fallacious. Walton looks at how an argument is used in the context of conversation. He defines a fallacy as a conversational move, or sequence of moves, that is supposed to be an argument that contributes to the purpose of the conversation but in reality interferes with it. The view is a pragmatic one, based on the assumption that when people argue, they do so in a context of dialogue, a conventionalized normative framework that is goal-directed. Such a contextual framework is shown to be crucial in determining whether an argument has been used correctly. Walton also shows how examples of fallacies given in the logic textbooks characteristically turn out to be variants of reasonable, even if defeasible or questionable arguments, based on presumptive reasoning. This is the essence of the evaluation problem. A key thesis of the book, which must not be taken for granted as previous textbooks have so often done, is that you can spot a fallacy from how it was used in a context of dialogue. This is an innovative and even, as Walton notes, "a radical and controversial" theory of fallacy. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

Recently several philosophers have claimed that miracles cannot occur or that belief in them involves a misunderstanding of the scientific enterprise. In this paper I will argue that these claims, particularly the latter, are mistaken. By examining the characteristics of the believer's conception of the miraculous I will be able to show how he can meet these sceptical challenges. In particular, I will argue that the believer can hold that certain particular events are the result of intervention by divine agency (...) and are thus not to be explained scientifically but nevertheless can grant the scientist autonomy to investigate all types of events. While I urge that belief in the miraculous does not rest on a confusion I do not argue whether or not this belief is rational or justified. (shrink)

Body and image are crucial to the elaboration of both Jean-Luc Nancy’s philosophy andClaire Denis’s work in cinema. Nancy’s short book about the body, Corpus ,though it may initially have appeared as a minor work in his œuvre, has since been shown,and notably since the intervention of Jacques Derrida, as the cornerstone of much ofNancy’s late thought. As Derrida demonstrates, Nancy’s interest in the body turnsaround the crucial trope of touch which comes to stand, in his philosophy, as the marker (...) ofthe most fundamental limits that shape our understanding of and interaction with theworld: between inside and outside, subject and object, matter and meaning. As such, theconcept of touch frequently recurs in the discussion of art works, where the inscription of amaterial trace coincides with, or touches upon an evanescent sense. Nancy’s discussions ofartistic meaning have frequently centred around images – both painterly and filmic – asthe phenomena whereby the real, in manifesting its presence, is granted a certain sense.1Claire Denis, in common with the vast majority of live-action filmmakers, necessarily dealsin images and bodies – images of bodies – but her frequent refusal to provide thetraditional cinematic signifiers of psychological depth often means that the spectator isbrought up short before the strangeness of these bodies as bodies, which in turn opens upan interrogation as to the sense of her images. The mutual fascination that exists betweenNancy and Denis is well established, demonstrated by Nancy’s detailed, published engagements with Denis’s films – Beau travail , Trouble Every Day , L’Intrus – as well as by Denis’s short film portrait of the philosopher – Vers Nancy –and her cryptic appropriation of his text L’Intrus . But their engagement witheach other’s work appears in the image of Nancy’s somewhat abstract conception of touch:an approaching and withdrawing, a momentary proximity to the other that serves as muchto consolidate the stable identity of the one as it does to share in the identity of the other.Mirroring this intermittent relationship, this article will seek not to over-state theinterpenetration of the two œuvres, but merely to sketch some points of contact betweenthem, turning notably around the fascinating, but perhaps ultimately untouchable figureof the wound. (shrink)

I describe how our understanding of some of the central principles long held dear by most criminal theorists may have to be interpreted in light of the need to devise lenient responses for low-level offenders. Several of the most plausible suggestions for how to deal with minor infractions force us to take seriously some ideas that many legal philosophers have tended to resist elsewhere. I briefly touch upon four topics: whether informal can substitute for or count against the appropriate state (...) sanction; the significance of repeat offending for sentencing; whether punishment for culpable public wrongdoing has intrinsic value; and the scope of police powers in a liberal democratic state. The context for this discussion is R. A. Duff’s insightful examination of whether and under what conditions we should criminalize a public wrong or respond to it in some other manner. (shrink)

The theory of competition has held a central place in economic analysis since Adam Smith. This book, written by one of the most distinguished of contemporary economic theorists, reports on a major research program to provide strategic foundations for the theory of perfect competition. Beginning with a concise survey of how the theory of competition has evolved, Gale makes extensive and rigorous use of dynamic matching and bargaining models to provide a more complete description of how a competitive equlibrium is (...) achieved. Whereas economists have made use of a macroscopic description of markets in which certain behavioral characteristics, such as price-taking behavior, are taken for granted, Gale uses game theory to re-evaluate this assumption, beginning with individual agents and modelling their strategic interaction. A strategic foundation for competitive equilibrium shows how such interaction leads to competitive, price-taking behavior. Essential reading for graduate courses in game theory and general equilibrium. (shrink)

In the early 1950s Grant McConnell, Jr., called for a political adjudication of our environmental and political visions. He pointed out the arbitrary nature of Gifford Pinchot's noble-sounding formula (“The greatest good for the greatest number over the longest time”), noting that such a determination depended on whom you asked. No technocrat can determine the greatest good on the basis of some secret expertise or privileged knowledge. We need to resolve our disparate visions of the uses of nature and (...) human beings politically, without recourse to privileged knowledge.But does such a political adjudication imply the unimpeded domination of the will of the majority? Not necessarily, because there is no overall majority for a total “bundle” of policies and programs — these must be horse-traded and haggled over on the basis of shifting coalitions. Yet, can it not be argued that even so, some very deeply held values of minorities will be trounced and trampled? It would be dishonest not to admit to such a danger. What we must do is try to define and develop a workable conception of baseline human rights that will be inviolable by the will of temporary majorities, and this itself is a tenuous political process which we have only just embarked on in recent times.The danger of Valentin Rasputins, Vernadskii cultists, and Deep Ecologists everywhere is that they are arguing from privileged knowledge. “We know what is really best for you, what will cure you,” they assert. They alone know the distinction between natural harmony and disorder, social health and corruption, pollution and purity, alienation and unity. They do not recognize the social construction of their ethical beliefs and political visions; they absolutize their individual truths. They may be right, but what if they are not...?It is therefore all the more important for those of us who wish to preserve a maximum of biotic and human diversity for our-selves and for future humans (and nonhumans) to be explicit about the moral and political agendas we embrace. The soundest way for us to prevail is to persuade our neighbors on this planet that our visions have something of value for them, too. We must keep in mind the fact that in a world where there exists more than one fanaticism, peaceful coexistence is in principle impossible.And if fanaticisms, including ecological ones, are the products of the fear or the fact of material, cultural, or spiritual dispossession, then we must work harder to make a world in which each of us and our interests are treated with equal respect. We cannot get there through the tainted means of absolutizing individual truths.Aldo Leopold, in his testament Sand County Almanac, as much as called for a new myth, for us to “think like a mountain.”57 He called for a new myth because he believed that humans were dangerous (to ourselves, first of all, and to the planet), and that inculcating a myth was the only way to effect a deep behavioral change on a massive enough scale to save the situation.58 It is my belief that myths are often more dangerous than the situations they seek to remedy. We need to cultivate a taste of de-mythologizing, of making our lives more self-aware. We need to become aware of our needs and our value preferences and to take responsibility for them as individual preferences. Then we will be in a good position indeed to respect and compromise with the preferences of our neighbors all around this planet, just as we would have them respect and compromise with ours. *** DIRECT SUPPORT *** A8402064 00005 *** DIRECT SUPPORT *** A8402064 00006 *** DIRECT SUPPORT *** A8402064 00007. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Cambridge Companion to Wittgenstein ed. by Hans Sluga, David G. SternDouglas G. WinbladHans Sluga and David G. Stern, editors. The Cambridge Companion to Wittgenstein. Cambridge: Cambridge University Press, 1996. Pp. ix + 509. Cloth, $59.95. Paper, $18.95.There is a disconcerting lack of agreement about how to interpret Wittgenstein’s texts. The introduction and fourteen essays in this book are cases in point. Stern claims that the phenomenon is (...) due largely to the fact that Wittgenstein’s writings call for a radical change in philosophical sensibility, a change to which there continues to be considerable resistance. He also notes that most of Wittgenstein’s posthumous publications are the result of massive editorial interventions, and that much of his work remains unpublished. The electronic edition of the entire Nachlass, Stern argues, will reveal that Wittgenstein’s writings as a whole constitute a highly interconnected network of remarks—a hypertext. In a similar vein, Sluga suggests that Wittgenstein’s philosophical trajectory reflects the larger cultural shift in this century from modernism to postmodernism. The postmodern, hypertextual aspect of Wittgenstein’s thinking is nowhere better embodied here than in Cavell’s reflections on the importance of context in deciding whether some behavior counts as language use. Cavell’s remarks reproduce and comment on his own lectures on the opening sections of Philosophical Investigations, sections he reads as a commentary on a passage in Augustine.A closely related theme in the essays concerns the status of Wittgenstein’s attempt to avoid replacing older philosophical theories with new ones. Garver maintains that Wittgenstein’s notion of grammar provides a powerful rebuke to speculative or scientific metaphysics, but not to descriptive metaphysics. Glock argues in turn that Wittgenstein’s distinction between grammatical and empirical propositions does not fall prey to Quine’s attack on analyticity. One wonders whether this distinction is purely descriptive. And even if one grants Glock’s claim that grammatical rules are unfalsifiable, how does one decide whether a particular remark about these rules is mistaken? We cannot pass judgment on what for Garver is Wittgenstein’s genuinely critical enterprise without addressing these issues.Doing so also requires us to assess Wittgenstein’s closely related treatment of rule following. Stroud rejects Kripke’s account of this material, claiming that what the relevant passages actually show is that that no explanation of how language in general—and meaning and normativity in particular—is possible. Stroud holds that this conclusion can be felt as dissatisfying. But is it a theoretical conclusion? And why not find it liberating, as Wittgenstein apparently did?Fogelin also emphasizes Wittgenstein’s antitheoretical animus, taking issue with Dummett’s view that Wittgenstein is advancing a use theory of meaning and an antirealist philosophy of mathematics. Like Fogelin, Gerrard challenges Dummett’s view of Wittgenstein’s treatment of mathematics, insisting that for Wittgenstein, truth is not a matter of human agreement. But Gerrard does not tell us what Wittgenstein believes truth is. The question whether there is anything he thinks it is deserves further attention.Some contributors impute to the later Wittgenstein what are clearly theoretical [End Page 643] stances. Bloor argues that what he takes to be Wittgenstein’s linguistic idealism arises from certain sociological assumptions. And Kober attributes a “collective-linguistic idealism” to Wittgenstein on the grounds that the latter thinks that the truth conditions of a sentence depend on, or are part of, its utterance conditions. But, as several of the other essays make clear, it is debatable whether Wittgenstein would agree.A few authors discuss in detail the nature of philosophical theorizing in the early Wittgenstein. Summerfield offers an interpretation of what she takes to be the theory of representation in the Tractatus. She allows, however, that Wittgenstein tells us that one cannot represent the connection between a name and its referent. Ricketts, on the other hand, stresses that the so-called picture theory appears to imply that there can be no such theory. Yet his reading does not abandon the conception of truth as agreement with reality. It is unclear to me that this conception survives the implosion of the text as a whole. Why not kick the entire ladder away... (shrink)

I Shall offer a realist theory of perception which in an important sense is neither direct nor representational nor causal.Let us say that we directly perceive something if perceiving it enables us to know of its existence without having evidence of its existence. In this sense, direct perception allows us to have “direct knowledge” of what we perceive. For example, I see after-images directly, since I can know of their existence without having visual evidence of their existence. I do not (...) have to look at them with my eyes. Granted, I do need evidence in order to know that they are after-images; but not in order to know of their existence as colours or shapes. Also, I do have to see them in order to know that they exist. But this is not a condition of having evidence. It is only a condition of their existence, which in turn is a truth condition of my knowing. (shrink)

Team science models are frequently promoted as the best way to study complex societal and environmental problems. Despite increasing popularity, there is relatively little research on the processes and mechanisms that facilitate the emergence of integration of interdisciplinary teams. This article evaluates a suite of recent team-building and grant-writing activities designed to address water management in the Western U.S. We use qualitative methods to document the emergence of integrative capacity at the individual, group, and institutional levels, with particular attention (...) to the role of graduate students and non-academic practitioners in a team science planning project. Our findings highlight the importance of social integration as a basis for conceptual integration and an ability to relate these concepts to real-world problems. The findings also demonstrate the value of qualitative evaluation measures of team readiness, capacity, and intellectual outputs to complement conventional evaluation indicators that rely on quantitative scientific outputs, particularly for team science projects still in the planning stages. (shrink)

Tuition and government funding does not adequately support the mission of many colleges and universities, and increasingly, corporations are responding to this need by making payments to institutions of higher learning with significant contracted expectations, including influence of the curriculum and content of college courses. One large, public banking corporation, BB&T, has funded grants to more than 60 colleges and universities in the United States to address what the corporation refers to as the “moral foundations of capitalism.” These grants vary (...) in size but average $1.1 million and typically require design of a new course that includes discussion of Atlas Shrugged, one of the novels of the author Ayn Rand. With many of the participating universities, the agreement with BB&T also stipulates the creation of chaired faculty positions, library reading rooms, designated capitalism centers, speaker series, scholarships, and the distribution of free student copies of Atlas Shrugged. Several ethics concerns about these grants, including their threat to academic freedom, are discussed in this article, as well as the need for focused guidance for university administrators regarding the temptation of large donations with attached questionable expectations. (shrink)

Tuition and government funding does not adequately support the mission of many colleges and universities, and increasingly, corporations are responding to this need by making payments to institutions of higher learning with significant contracted expectations, including influence of the curriculum and content of college courses. One large, public banking corporation, BB&T, has funded grants to more than 60 colleges and universities in the United States to address what the corporation refers to as the “moral foundations of capitalism.” These grants vary (...) in size but average $1.1 million and typically require design of a new course that includes discussion of Atlas Shrugged, one of the novels of the author Ayn Rand. With many of the participating universities, the agreement with BB&T also stipulates the creation of chaired faculty positions, library reading rooms, designated capitalism centers, speaker series, scholarships, and the distribution of free student copies of Atlas Shrugged. Several ethics concerns about these grants, including their threat to academic freedom, are discussed in this article, as well as the need for focused guidance for university administrators regarding the temptation of large donations with attached questionable expectations. (shrink)

In this author-meets-critics dialogue, Douglas Allen, author of argues that Gandhi-informed philosophies and practices, when creatively reformulated and applied, are essential for developing positions that are ethical, nonviolent, truthful, and sustainable, providing resources and hope for confronting our ‘Gandhi after 9/11’ crises. Critics Sanjay Lal and Karsten Struhl applaud Allen’s demonstration that Gandhi’s nonviolence is serious and broadly adaptable to the twenty-first century. Yet, Lal poses two philosophical challenges, arguing first that the nonviolent message of the Bhagavad Gita is (...) perhaps more essential than Allen allows. Second, Lal raises difficulties involved in placing the needs of others first, especially in response to terrorism. Struhl wonders if the Gita is not more violent than Gandhi or Allen represent it to be. Struhl also questions whether relative claims are always resolved in the direction of Absolute Truth, as Gandhi and Allen assert. Finally, critic Struhl wonders how we can restrain institutions from escalating cycles of violence once we grant Gandhi-based exceptions that would allow violence to suppress terrorism. Against Lal’s objections, Allen defends a more open-ended reading of the Gita and agrees that our service to the needs of others cannot go so far as to embrace their terrorism. In response to Struhl, Allen agrees that there are indeed problems with a nonviolent reading of the Gita, but there are resources to support Gandhi’s view. Likewise, regarding relations between our limited truths and the Absolute, Allen grants that Struhl has identified real problems but that a final defense is possible, especially when we consider motivational factors. As for limiting cycles of violence, Allen argues that a Gandhi-informed use of violence implies considerations that limit its use. (shrink)