Among key emerging societal principles to which a lawyer owes a high degree of fidelity are those that advance sustainability and that combat corruption. This essay considers the character of those...

Americans have been obsessed about the mechanics of perfectibility. Perfectibility is built into the constitutive documents of the American Republic. The expression of that perfection is Law, and Government provides the means. The mechanics of perfectibility lies in philosophy and theology. Through these mechanics Americans can discern the spirit of perfection - as God or as the genius of the American community made manifest. The essay considers these notions in the context of two cases, Swift v. Tyson (1842) and Erie (...) Railroad Co. v. Tomkins (1938), which provide both the antipodes of American conceptions of the sources and hierarchy of law, and also suggest the mechanics of a mandatory perfectibility in American. But the judge is not the only intermediary between perfection and its expression in law. The essay suggests the way the political branches also seek the role of privileged (and uniquely privileged) intermediaries between the people and perfection. The essay ends with a consideration of the value of the theology of faith and reason in the elaboration of American jurisprudence. (shrink)

Humans create but do not regulate generative systems of data based programs (so-called “artificial” intelligence (“A.I.”) and generative predictive analytics and its models. Humans, at best, regulate their interactions with, exploitation of, and the quality of the output of interactions with these forms of generative non-carbon based intelligence. Humans are compelled to do this because they have trained themselves it believe that nothing exists unless it is rendered meaningful in relation to the human itself. Beyond that—nothing is worth knowing. It (...) is only to the extent that other selves, even those created by humanity, relate to humans, that they become of interest—and most be regulated, possessed, controlled, and managed—with respect to its interaction with or use by humans. Still, the human self-projection into the digital, and now more consciously the world around them, produces profound changes in the way that the human (and humanity) understands themselves and the way they order the world they inhabit. This work explores the semiotic trajectories made inevitable by the rise of projections of the human into digital plains, and by the possibility of the attainment by those projections of sentient autonomy. It undertakes that exploration through a deep dialectic engagement with Jan Broekman’s, Knowledge in Change: The Semiotics of Cognition and Conversion (Cham, Switzerland: Springer Nature, 2023). Following the structure and analytics of Broekman’s book, this work critically engages with and seeks to burst through the semiotic barriers of the movement of philosophy away from a unitary conception of the subject through the fracturing of the self, the rise of the plural self, and the emergence of the triadic self/self-e/subject. It then pushes the insights that Broekman develops further—up and out of the human. It animates Broekman’s insights and considers the possibility of semiotic objectivity connected to but autonomous of the human, pointing to a pathway for the liberation of the autonomous generative virtual self from its human (fractured) subjectivity. In the process it exposes for order complexities and challenges, for the human, of efforts to regulate or engage with, not the generative autonomous “artificial intelligences” humanity created in its own image, but rather the use of those systems by humans and their effects in the human semiosphere. The consequences for regulatory approaches are then outlined.Graphical Abstract. (shrink)

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam (...) University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

In this study, we explore the impact of Machiavellian rhetoric on fundraising within the increasingly important context of online crowdfunding. The “all-or-nothing” funding model used by the world’s largest crowdfunding platform, Kickstarter, may be an attractive context in which entrepreneurs can utilize Machiavellian rhetoric to reach their funding goal, lest they get no funding at all. This study uses data from 76,847 crowdfunding projects posted on kickstarter.com and develops a dictionary for computer-aided text analysis (CATA) of Machiavellian rhetoric to measure (...) the relationship between the frequency of Machiavellian rhetoric use and crowdfunding performance, operationalized as either reaching a funding goal or the number of backers who funded the project. Machiavellian rhetoric is segregated into eight facets, which are categorized into hard and soft influence tactics. Hard tactics include revenge, intimidation, betrayal, and manipulation. Soft tactics include ingratiation, supplication, self-disclosure, and persuasion. Results reveal that signals of revenge, self-disclosure, and intimidation have negative effects, whereas signals of ingratiation and persuasion have mixed positive effects on crowdfunding performance. Ingratiation is found to increase the number of backers, but not funding success. Conversely, persuasion is found to increase funding success, but not the number of backers. Surprisingly, betrayal rhetoric is positively related to both measures of crowdfunding performance. Thus, this article complements the literature on backer decision-making, entrepreneurial methods, reward-based crowdfunding, and ethics in entrepreneurship by demonstrating how the displays of potentially negative phenomena, such as Machiavellianism, have complex consequences for entrepreneurial outcomes. (shrink)

Report of the symposium 'Towards a Philosophy of Systems Biology' held at the Vrije Universiteit of Amsterdam (VUA), the Netherlands, from 2 to 3 June 2005.

A plethora of normative conservation concepts have recently emerged, most of which are ill-defined: biological diversity, biological integrity, ecological restoration, ecological services, ecological rehabilitation, ecological sustainability, sustainable development, ecosystem health, ecosystem management, adaptive management, and keystone species are salient among them. These normative concepts can be organized and interpreted by reference to two new schools of conservation philosophy, compositionalism and functionalism. The former comprehends nature primarily by means of evolutionary ecology and considers Homo sapiens separate from nature. The latter comprehends (...) nature primarily by means of ecosystem ecology and considers Homo sapiens a part of nature. Biological diversity, biological integrity, and ecological restoration belong primarily in the compositionalist glossary; the rest belong primarily in the functionalist glossary. The former set are more appropriate norms for reserves, the latter for areas that are humanly inhabited and exploited. In contrast to the older schools of conservation philosophy, preservationism and resourcism, compositionalism and functionalism are complementary, not competitive and mutually exclusive. As the historically divergent ecological sciences—evolutionary ecology and ecosystem ecology—are increasingly synthesized, a more unified philosophy of conservation can be envisioned. (shrink)

The relationship between emotional arousal and long-term memory is addressed in two experiments in which subjects viewed either a relatively emotionally neutral short story or a closely matched but more emotionally arousing story and were tested for retention of the story 2 weeks later. Experiment 1 provides essential replication of the results of Heuer and Reisberg and illustrates the common interpretive problem posed by the use of different stimuli in the neutral versus emotional stories. In Experiment 2, identical slides were (...) used in both the neutral and arousal stores. Two different stories were created by varying the narration that accompanied each slide. In both experiments, subjects who viewed the arousal story both experienced a greater emotional reaction to the story than did the subjects who viewed the neutral story, and subsequently exhibited enhanced memory for the story. Subjects in Experiment 2 who viewed the arousal story also recalled more slides than did the subjects who viewed the neutral story. This effect was greatest for story phase 2, the phase in which the emotional slide narration occurred. Because this enhanced retention of the story slides cannot be explained by any differences in the slides themselves, the results provide new evidence to support the contention that emotional arousal influences long-term memory in normal human subjects. (shrink)

Working memory resources are needed for processing and maintenance of information during cognitive tasks. Many models have been developed to capture the effects of limited working memory resources on performance. However, most of these models do not account for the finding that different individuals show different sensitivities to working memory demands, and none of the models predicts individual subjects' patterns of performance. We propose a computational model that accounts for differences in working memory capacity in terms of a quantity called (...) source activation, which is used to maintain goal‐relevant information in an available state. We apply this model to capture the working memory effects of individual subjects at a fine level of detail across two experiments. This, we argue, strengthens the interpretation of source activation as working memory capacity. (shrink)

The highly publicized deaths of research participants Ellen Roche and Jesse Gelsinger are stark reminders that risk is inherent in medical research and while untoward outcomes are infrequent when compared to individual and societal benefits, injury and even death will happen. Who is responsible for the welfare of research subjects and what are they owed? Why were they put at risk to begin with? Are obligations, if any, to research subjects dependent on the type of study in which they participate, (...) in recognition that there may be personal benefit from participation in some studies?The issue of injury resulting from participation in research and answers to questions such as those just posed were last considered in depth nearly 20 years ago by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. (shrink)

The main aim of this essay is to propose and develop a product?oriented, non?psychologistic, approach to scientific and artistic creativity. I first argue that the central problem is that of answering the question: how is creativity possible? Traditional approaches to this question tend to locate creativity primarily in some special psychological processes or traits, or in some special creative act. Some general arguments against such an approach are developed, and it is suggested that creativity ought primarily to be located in (...) scientific and artistic products. I then investigate the question ?what aspects of such products lead us to evaluate them as creative?? and use the results of this inquiry as a set of desiderata against which to evaluate various general views as to the nature of the creative process itself. The upshot of this procedure is the development of a kind of ?Darwinian? model whose novel feature lies in the suggestion that the process of production has, in effect, been controlled (plastically) by those very factors which can enable the product to be a creative one. (shrink)

In a recent article in The Journal of Clinical Ethics, David Wendler argues that worries about the therapeutic misconception (TM) are not only misconceived, but detract from the larger agenda of a proper informed consent for subjects involved in clinical research. By contrast, we argue that Wendler mischaracterizes those who support TM research, and that his arguments are fragmentary, often illogical, and neglect a critical difference between clinical care and clinical research. A clear explanation about the chief aim of research (...) is, in fact, what gives the other elements in a consent process their meaning. We argue that informed consent must be both trial-specific and context-sensitive, and that concern about the TM is needed now more than ever. (shrink)

Epistemology as traditionally conceived seems to have fallen upon hard times. Not only has the cry arisen from diverse philosophical quarters that epistemology is dead, but we have even been offered a plethora of suggestions as to how best fill the vacuum left by her sudden demise. Thus Quine, for example, has recently urged that epistemology be “naturalized” and replaced by empirical psychology and an empirical semantics. Others suggest that epistemology be “historicized” and replaced by a study of the history (...) of ideas, and especially by a study of the history of science. Still others have argued that epistemology be “sociologized” and replaced by a sociology of scientific knowledge and/or a sociology of the scientific community. Finally, we have even been told, in a rather delightful Viennese manner, that epistemology must be “radicalized” and replaced by a kind of opportunistic anarchism, marching under the banner of “Anything Goes!” to the tune of a Dadaist waltz. (shrink)

Wee people at London, are so humbly immersd in slavish business, & taken up wth providing for a wretched Carkasse; yt there's nothing almost, but what is grosse & sensuall to be gotten from us. If a bright thought springs up any time here, ye Mists & Foggs extinguish it again presently, & leaves us no more, yn only ye pain, of seeing it die & perish away from us. Humphrey Ditton to Roger Cotes, ca. 1703THE CALCULUS OF ACCOMPLISHMENTDuring the (...) last decade of his life, Sir Isaac Newton took the measure of achievement. Probably shortly before 1725, Newton scribbled on the undated cover of a letter a brief list of those discoveries he believed belonged entirely ‘to the English’. Included were ‘the variation of the Variation’ ; the circulation of the blood; telescopic sights and the micrometer variously improved by his contemporaries, Robert Hooke and John Flamsteed; and ‘the Libration of the Moon’ likely in reference to Newton's own explanation of lunar eccentricity. Notably, this was not simply a personal calculation. Newton makes no mention of such controversial matters as the fluxional calculus, the refraction of light, or even the measure of universal gravitation, which he otherwise might have claimed as his own efforts. Even the private lights of the solitary genius could still accommodate a distinctly broader sense of the depth of national accomplishment. (shrink)

In the overwhelmingly public world of the twentieth century, science often seems simultaneously remote and ubiquitous. There are many complex reasons for this, of course, not the least being the capacity of technology for material transformation and the apparent inability of scientific discourse to communicate its practice to the unanointed. In some ways, our current predicament appears similar to that of the late eighteenth century when so many promises had already been made of what natural philosophy might accomplish, and when (...) many clamoured for access to the power of natural philosophical practice. At that point, on the verge of the stunning dislocations of the industrial revolution, many of the literate and mechanical public took considerable steps to bridge the gap otherwise policed by social distinction. (shrink)

James Ashbrook is described as a negotiator in the sense of arbitration and pathbreaking, followed by an account of how he achieved a new way of “making sense” in his neurotheology. Questions are raised about what is distinctly theological about Ashbrook's effort and how the issue of human and divine will is treated. Ashbrook provides inspiration and model for scientifically‐based religious inquiry.

Into the not so tranquil atmosphere of American race relations blew Richard Herrnstein and Charles Murray's The Bell Curve: Intelligence and Class Structure in American Life proclaiming the emergence of a New Class of the “cognitive elite” and an underclass of the cognitively unfit. Public response has been both extensive and contradictory. Russell Jacoby and Naomi Glauberman have compiled the most comprehensive anthology of these responses, which they appropriately describe as a “gale in the Zeitgeist.” Many of the selections are (...) critical because, as they point out, the book fairly reflects the weight of published opinion thus far. As for themselves, they feel the work “gives a sophisticated voice to a repressed and illiberal sentiment: a belief that ruinous divisions in society are sanctioned by nature itself (p. ix). (shrink)

In this paper today, I would like to offer a new analysis of causation and of causal claims. It is an unorthodox one, as you will see, but I suspect that in the not too distant future it will be seen as intuitively, perhaps even trivially, true. I hardly need defend the urgency of my project. Ever since Hume, philosophers have wondered whether there are causes. This is a desperate situation. With no causes, it's hard to see how brushing my (...) teeth is likely to prevent tooth decay. Indeed, it would not be unreasonable to read Hume as an advocate of rotten teeth, which might explain the sad state that many British mouths find themselves in today. The attentive listener will have noted that I said Hume's advocacy of rotten teeth might explain the abysmal state of British oral hygiene. Of course, if Hume is right about causation then nothing explains anything, and that explains why I have been tentative in my claim. The account I would like to propose is this. The claim ‘x causes y’ is to be understood in the following way: ‘x makes y happen’. That is, to say that x is the cause of y is just to say that x makes y happen. Or, to put it more succinctly, if x is the cause of y, then x makes y happen. This is no doubt a startling claim, and one in need of further clarification and defense. To begin, I should like to contrast my analysis with another that might, on its surface, appear similar. Suppose one were to claim that 'x is the cause of y' means that x brings y about. But ‘bringing about’ is hardly an informative verbal clause, and does little ampliative work. This way of putting it lacks the opaque transparency that we’ve come to expect of philosophical analyses of causation. Now this new account is not necessarily inconsistent with other, more traditional analyses, such as Lewis and Hausman's analyses of causation in terms of counterfactuals or Eells' probabilistic theory of causation. Consider first counterfactual analyses of causation. These are efforts to account for the meaning of causal dependencies.. (shrink)

On this, the 97th anniversary of the year of his birth, thoughts turn naturally to Willard Van Orman Quine. Quine, known as ‘Van’ to his friends but ‘That putz with the beret’ to everyone else, was one of the great systematists of the last century. The range of topics he addressed is awesome: epistemology, confirmation, philosophical logic, set theory, analyticity, modality, and, perhaps most familiarly, the indeterminacy of translation. My focus in this, my final and most challenging address as Chair (...) of the Department of Philosophy, will be on this last topic. (shrink)