While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the (...) courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts. (shrink)

We describe how the set of tools, practices, and social relations known as “precision agriculture” is defined, promoted, and debated. To do so, we perform a critical discourse analysis of popular and trade press websites. Promoters of precision agriculture champion how big data analytics, automated equipment, and decision-support software will optimize yields in the face of narrow margins and public concern about farming’s environmental impacts. At its core, however, the idea of farmers leveraging digital infrastructure in their operations is not (...) new, as agronomic research in this vein has existed for over 30 years. Contemporary discourse in precision ag tends to favour emerging digital technologies themselves over their embeddedness in longstanding precision management approaches. Following several strands of science and technology studies research, we explore what rhetorical emphasis on technical innovation achieves, and argue that this discourse of novelty is a reinvention of precision agriculture in the context of the growing “smart” agricultural economy. We overview six tensions that remain unresolved in this promotional rhetoric, concerning the definitions, history, goals, adoption, uses, and impacts of precision agriculture. We then synthesize these in a discussion of the extent to which digital tools are believed to displace farmer decision-making and whether digital agriculture addresses the biophysical heterogeneity of farm landscapes or land itself has become an “experimental technology”—a way to advance the general development of artificial intelligence. This discussion ultimately helps us name a larger dilemma: that the smart agricultural economy is perhaps less about supporting land and its stewards than promising future tech and profits. (shrink)

The value of knowledge has always been a central topic within epistemology. Going all the way back to Plato’s Meno, philosophers have asked, why is knowledge more valuable than mere true belief? Interest in this question has grown in recent years, with theorists proposing a range of answers. But some reject the premise of the question and claim that the value of knowledge is ‘swamped’ by the value of true belief. And others argue that statuses other than knowledge, such as (...) justification or understanding, are distinctively valuable. We will call the general question of why knowledge is valuable the value problem. (shrink)

When it comes to personal identity, two approaches have long ruled the roost. The first is the psychological approach, which has it that our persistence through time consists in the continuance of certain of our psychological traits, such as our memories, beliefs, desires, or personality. The second is the biological approach, according to which personal persistence consists in continuity in our physical or biological makeup. Amid the bipartite reign of these approaches, a third contender has emerged: the phenomenal approach. On (...) this approach, personal persistence consists in continuity in phenomenal consciousness or the capacity for phenomenal consciousness. In this paper I will introduce and defend a new argument for the phenomenal approach. In the process, I will argue against the psychological and biological approaches. I will also address some lingering questions and outline further ways to develop the phenomenal approach. (shrink)

In recent work, Mark Alfano and Jennifer Saul have put forward a similar kind of provocative sceptical challenge. Both appeal to recent literature in empirical psychology to show that our judgments across a wide range of cases are riddled with unreliable cognitive heuristics and biases. Likewise, they both conclude that we know a lot less than we have hitherto supposed, at least on standard conceptions of what knowledge involves. It is argued that even if one grants the empirical claims that (...) Saul and Alfano make, the sceptical conclusion that they canvass might not be as dramatic as it first appears. It is further argued, however, that one can reinstate a more dramatic sceptical conclusion by targeting their argument not at knowledge but rather at the distinct epistemic standing of understanding. (shrink)

According to Lewis's modal realism, all ways the world could be are represented by possible worlds, and all possible worlds represent some way the world could be. That there are just the right possible worlds to represent all and only the ways the world could be is to be guaranteed by the principle of recombination. Lewis sketches the principle (put roughly: anything can co-exist with anything else), but does not spell out a precise version that generates just the right possibilities. (...) David Efird and Tom Stoneham have offered a principle that aims to do just that.In this paper, we argue that Efird's and Stoneham's principle of recombination is not successful – it fails to generate the right possibilities – but we also suggest ways that their account might be improved to solve the problem we raise. We also argue against Efird's and Stoneham's claim that the correct principle of recombination demonstrates the possibility of nothing concrete – it is true that their principle of recombination has models consistent with the existence of an empty world, but we only get the possibility of nothing if mereologically null individuals are possible. The Lewisian should only think mereologically null individuals are possible if he or she has some independent reason for believing in the possibility of an empty world, so the principle of recombination provides no new evidence for that possibility. We draw some morals from this for the correct way to formulate the principle of recombination. (shrink)

Philosophical Explorations, Volume 15, Issue 2, Page 87-90, June 2012.

In October 1924, The Physical Review, a relatively minor journal at the time, published a remarkable two-part paper by John H. Van Vleck, working in virtual isolation at the University of Minnesota. Using Bohr’s correspondence principle and Einstein’s quantum theory of radiation along with advanced techniques from classical mechanics, Van Vleck showed that quantum formulae for emission, absorption, and dispersion of radiation merge with their classical counterparts in the limit of high quantum numbers. For modern readers Van Vleck’s paper is (...) much easier to follow than the famous paper by Kramers and Heisenberg on dispersion theory, which covers similar terrain and is widely credited to have led directly to Heisenberg’s Umdeutung paper. This makes Van Vleck’s paper extremely valuable for the reconstruction of the genesis of matrix mechanics. It also makes it tempting to ask why Van Vleck did not take the next step and develop matrix mechanics himself. (shrink)

How do people interleave attention when multitasking? One dominant account is that the completion of a subtask serves as a cue to switch tasks. But what happens if switching solely at subtask boundaries led to poor performance? We report a study in which participants manually dialed a UK-style telephone number while driving a simulated vehicle. If the driver were to exclusively return his or her attention to driving after completing a subtask (i.e., using the single break in the xxxxx-xxxxxx representational (...) structure of the number), then we would expect to see a relatively poor driving performance. In contrast, our results show that drivers choose to return attention to steering control before the natural subtask boundary. A computational modeling analysis shows that drivers had to adopt this strategy to meet the required performance objective of maintaining an acceptable lateral position in the road while dialing. Taken together these results support the idea that people can strategically control the allocation of attention in multitask settings to meet specific performance criteria. (shrink)

Epistemological contextualism has become one of the most important and widely discussed new proposals in the theory of knowledge. This special issue contributes to the debate by bringing together some of the main participants to provide a state-of-the-art discussion of the proposal. Here we offer a brief overview of the contextualist position, describe some of the main lines of criticism that have been levelled against the view, and present a summary of each of the contributions to this collection.

Tiyo Soga, the first black minister ordained in Scotland by the United Presbyterian Church of Scotland in 1856, was, by any standards, a conflicted character. He stood both in and between two worlds and suffered from the vulnerability that emerged from his dual allegiances. Yet he made a significant contribution to the mission history of South Africa, particularly through his early influence on the development of black consciousness and black nationalism, which were to make significant contributions to black thinking in (...) the 20th century. Soga's life and ministry are set in the context of Michael Ashley's concept of 'universes in collision'. (shrink)

This is the second installment of a two-part paper on developments in quantum dispersion theory leading up to Heisenberg’s Umdeutung paper. In telling this story, we have taken a 1924 paper by John H. Van Vleck in The Physical Review as our main guide. In this second part we present the detailed derivations on which our narrative in the first part rests. The central result that we derive is the Kramers dispersion formula, which played a key role in the thinking (...) that led to Heisenberg’s Umdeutung paper. We derive classical formulae for the dispersion, emission, and absorption of radiation and use Bohr’s correspondence principle to construct their quantum counterparts both for the special case of a charged harmonic oscillator (Sect. 5) and for arbitrary non-degenerate multiply-periodic systems (Sect. 6). We then rederive these results in modern quantum mechanics (Sect. 7). (shrink)

We aim to move the externalism and self-knowledge debate forward by exploring two novel sceptical challenges to the prospects of self-knowledge of a paradigmatic sort, both of which result from ways in which our thought content, cognitive processes and cognitive successes depend crucially on our external environments. In particular, it is shown how arguments from extended cognition ; Clark A. Supersizing the mind: Embodiment, action, and cognitive extension. Oxford: Oxford University Press ) and situationism, Alfano M. Expanding the situationist challenge (...) to reliabilism about inference. In Fairweather A Virtue epistemology naturalized, Springer, Dordrecht, pp 103–122 ; Doris JM. Noûs 32:504–530, Doris JM. Lack of character: Personality and moral behavior. Cambridge University Press, Cambridge ; Harman G. Proceedings of the Aristotelian Society. 99:315–331, Harman G. Proceedings of the Aristotelian Society 100:223–226 ) pose hitherto unexplored challenges to the prospects of self-knowledge as it is traditionally conceived. It is shown, however, that, suitably understood, these apparent challenges in fact only demonstrate two ways in which our cognitive lives can be dependent on our environment. As such, rather than undermining our prospects for attaining self-knowledge, they instead illustrate how self-knowledge can be extended and expanded. (shrink)

This article advances towards the reconceptualization of financial innovation. It examines the calamitous role of financial innovation in the global financial crisis, developing a non-rational theorization of finance within the social economy that factors in the role of affect. Outlining the foundations for such an approach, the analysis draws on Thorstein Veblen and Georges Bataille, whose work encompasses psycho-social conceptions of political-economic agency. From the more anthropological lens of Veblen and Bataille's theorizations, it is possible to move beyond instrumentalist accounts (...) of financial innovation premised on pecuniary expedients and aspirations of market completion. As we argue, in a broader affective economy, contemporary financial innovation serves invidious ends, providing a means of attaining social distinction, constituting a medium for violent expenditure and bestowing access to sovereign expression on its purveyors. Highlighting the non-rational dimension of financial markets prompts a reconsideration of the nature of crisis and the means of its redress. (shrink)

The (B) case summarizes GSK’s response to pressures to increase access to essential medicines in developing countries and subsequent developments.

Sledging, or ‘trash talk’ or ‘chirping’, as it’s known in other parts of the world, has long been part of competitive sport. However, more recent times have seen the issue of sledging, and its place in sport, debated with many athletes, fans and academics arguing that sledging has moved outside the notion of ‘sportsmanship’ and gone beyond light hearted, good natured banter. They argue it is now characterized as hurtful, insulting, offensive and intimidating – a tactic that has moved beyond (...) fair play and, in many instances, no longer acceptable. This paper seeks to explore this issue in greater depth. In particular, this paper seeks to ask, ‘is sledging part of play, or is it a characteristic of play’s corruption?’ The argument proceeds by adopting a conception of play grounded in the work of Johan Huizinga. Play may be understood as a core component of even professional sport, not least in that play lies at the moral core of the ‘spirit of sport’ in fairplay and respect for one’s opponents. Using... (shrink)

The first book that presents key original texts from the modern German philosophical tradition to English-language students and scholars of German, with introductions, commentaries, and annotations that make them accessible.

Over the past 3 years, the authors have pursued unique cross-college collaboration. They have hosted a National Endowment for the Humanities (NEH)–funded Humanities Gaming Institute and team-taught a cross-listed course that brought together students from the humanities and computer science. Currently, they are overseeing the development of an NEH-supported social history game called Desperate Fishwives. In the process, the authors have realized that “game” is not the most appropriate designator for the kind of projects they are pursuing. Instead, they propose (...) critical interactives, a term that suggests projects that mobilize ludic methods in order to engage participants in socially and politically sensitive, indeed controversial, subject matter. Their most recent project, Ghosts of the Horseshoe, offers an initial look at how critical interactives are particularly apt at raising awareness about the relations among institutional policy, broader public policy, and the ways that people negotiate the public history of a particular place. (shrink)

"Hume's History of Great Britain, published in the middle of the eighteenth century, remained the standard work for well over a century. It is a masterpeice, even if its author is now better known for A treatise on human nature. Grounded on an almost sociological view of the 'progress of society', Hume's is perhaps the most European of all the classic narrative histories of Britain. Moreover it embraces far more than the merely political, and it was Adam Smith who pointed (...) out that Hume was the first historian to deduce political effects from commercial and industrial causes. The volume, covering the years 1603-49, was the first to be written and was published as a self-contained entity. Hume's own view was that it was 'by far the best', because the subject admitted of 'greater nicety of reasoning and more acute distinctions'"--Page 4 of cover. (shrink)

Libertarianism: For and Against offers dueling perspectives on the scope of legitimate government. Tibor R. Machan, a well-known libertarian philosopher, argues for a minimal government devoted solely to protecting individual rights to life, liberty, and property. Against this view, philosopher Craig Duncan defends democratic liberalism, which aims to ensure that all citizens have fair access to a life of dignity. In a dynamic exchange of arguments, the two philosophers cut to the heart of this important debate.

Philosophy Compass, Volume 17, Issue 10, October 2022.

I mostly agree with most of what Paul Moser has said in his books in the Philosophy of Religion. The views he has defended are a needed corrective to the evidentialist paradigm in the philosophy of religion. At the same time, his development of his central ideas has resulted in views that are, somewhat idiosyncratic and extreme. In this essay I hope to present a different articulation of those ideas, also defensible from within a Christian perspective, that preserves their central (...) thrust without being so extreme. (shrink)

Most of the literature on the ethics of psychopharmacology has focused on the question of whether altering our emotions by using drugs is somehow inauthentic. In this essay I argue that this focus on authenticity is misplaced and that the more important question concerns the nature of the emotions themselves. I show that what one takes the emotions to be is possibly the most important factor in deciding whether or not psychopharmacology is morally problematic and, if so, why. I illustrate (...) how theories of the emotions determine the ethics of psychopharmacology, but deliberately take no stance on what the correct theory of the emotions is. My aim here is not to reach firm conclusions about the issues anti-depressants and similar drugs raise, but to set the terms for a more fruitful debate about these issues. (shrink)

In this paper I discuss the existence of the substantial self and argue against those, like Hume, who deny its reality.

This is an updated version of one section of my essay "Objections to Dualism" prepared for presentation at the 2019 Mountain-Pacific SCP Conference in Las Vegas, April 6-7, 2019.

Based on a recently published essay by Jeremy Gwiazda, I argue that the possibility that the present state of the universe is the product of an actually infinite series of causally-ordered prior events is impossible in principle, and thus that a major criticism of the Secunda Via of St. Thomas is baseless after all.

In this paper, I present some ruminations on Hume's argument from miracles and the distorted view of rationality that it reflects (along with religious skepticism generally) contrasting it with what I take to be a better account of rationality, one more sympathetic - at least less hostile - to religious claims.

In the categorical approach to the foundations of quantum theory, one begins with a symmetric monoidal category, the objects of which represent physical systems, and the morphisms of which represent physical processes. Usually, this category is taken to be at least compact closed, and more often, dagger compact, enforcing a certain self-duality, whereby preparation processes (roughly, states) are interconvertible with processes of registration (roughly, measurement outcomes). This is in contrast to the more concrete “operational” approach, in which the states and (...) measurement outcomes associated with a physical system are represented in terms of what we here call a convex operational model: a certain dual pair of ordered linear spaces–generally, not isomorphic to one another. On the other hand, state spaces for which there is such an isomorphism, which we term weakly self-dual, play an important role in reconstructions of various quantum-information theoretic protocols, including teleportation and ensemble steering. In this paper, we characterize compact closure of symmetric monoidal categories of convex operational models in two ways: as a statement about the existence of teleportation protocols, and as the principle that every process allowed by that theory can be realized as an instance of a remote evaluation protocol—hence, as a form of classical probabilistic conditioning. In a large class of cases, which includes both the classical and quantum cases, the relevant compact closed categories are degenerate, in the weak sense that every object is its own dual. We characterize the dagger-compactness of such a category (with respect to the natural adjoint) in terms of the existence, for each system, of a symmetric bipartite state, the associated conditioning map of which is an isomorphism. (shrink)

Do skeptical arguments undermine reason, as Hume supposes? In this paper, I argue that they do not and that skepticism is thus no threat to dogmatism about the possibility of knowledge.

In this paper, I offer an account of our knowledge of other minds based on V. C. Aldrich's account of aesthetic perception, according to which there is a sense in which we literally see other minds.