Emery, Lucilius A. Concerning Justice. New Haven: Yale University Press, 1914. vii, 170 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-234-4. Cloth. $60. * This volume reprints the Storrs lectures delivered by Emery [1840-1920] at Yale University in 1914. Emery's profound knowledge of constitutional law and keen interest in philosophy and history are clearly evident here. Beginning with conceptions of justice in Antiquity and in the Judeo-Christian tradition, Emery develops a general theory of (...) rights, and uses it as a basis for his definition of justice. His other lectures deal with the securing of justice. Influenced perhaps by the outbreak of hostilities in Europe, Emery asserts that the United States has created the finest system yet for its preservation. "It is most emphatically a book which, once read, is kept on hand for a re-reading." H.W.C. Yale L.J. 24: 263 as cited in Marke, A Catalogue of the Law Collection at New York University (1953) 191. Dictionary of American Biography 144-145. (shrink)

The series MISCELLANEA MEDIAEVALIA was founded by Paul Wilpert in 1962 and since then has presented research from the Thomas Institute of the University of Cologne. The cornerstone of the series is provided by the proceedings of the biennial Cologne Medieval Studies Conferences, which were established over 50 years ago by Josef Koch, the founding director of the Institute. The interdisciplinary nature of these conferences is reflected in the proceedings. The MISCELLANEA MEDIAEVALIA gather together papers from all disciplines represented in (...) Medieval Studies - medieval history, philosophy, theology, together with art and literature, all contribute to an overall perspective of the Middle Ages. (shrink)

“A millennium has gone by since the idea of the relationship of all things, the chain of causes was born. A comparison of the meaning of what we call causes throughout the history of human thinking could give us, no doubt, a conclusive epistemology.”.

This volume collects essays which are thematically connected through the work of Kent Emery Jr., to whom the volume is dedicated. A main focus lies on the attempts to bridge the gap between mysticism and a systematic approach to medieval philosophical thought.

I argue that there are such things as nomological probabilities—probabilities that play a certain explanatory role with respect to stable, long-run relative frequencies. Indeed, I argue, we should be willing to accept nomological probabilities even if they turn out to be metaphysically weird or even wholly sui generis entities. I then give an example of one way in which this argument should shape future work on the metaphysics of chance by describing a challenge to a common group of analyses of (...) objective probability—Humean analyses— understood as analyses of nomological probability. (shrink)

Philosophers and scientists both ask questions about what the world is like. How do these fields interact with one another? How should they? Naturalism Beyond the Limits of Science investigates an approach to these questions called methodological naturalism. According to methodological naturalism, when coming up with theories about what the world is like, philosophers should, whenever possible, make use of the same methodology that is deployed by scientists. Although many contemporary philosophers have implicit commitments that lead straightforwardly to methodological naturalism, (...) few have a clear understanding of how widespread and disruptive methodological naturalism promises to be for the field. By way of a series of case studies involving laws of nature, composition, time and modality, and drawing on historical and contemporary scientific developments including the discovery of the neutrino, the introduction of dark energy, and the advent of relativity theory, this book demonstrates the ways in which scientists rely on extra-empirical reasoning and how that very same extra-empirical reasoning can yield surprising results when applied to philosophical debates. Along the way, Nina Emery's investigation illuminates the complex relationship between philosophy and the sciences, and makes the case that philosophers and scientists alike would benefit from a greater understanding of the connections between the two fields. (shrink)

I present an argument for the view that laws ground their instances. I then outline two important consequences that follow if we accept the conclusion of this argument. First, the claim that laws ground their instances threatens to undermine a prominent recent attempt to make sense of the explanatory power of Humean laws by distinguishing between metaphysical and scientific explanation. And second, the claim that laws ground their instances gives rise to a novel argument against the view that grounding relations (...) are metaphysically necessary. (shrink)

The current paper provides an overview of treatment noncompliance at various points in the treatment pathway, especially with respect to treatment for Pelvic-floor Dysfunction. The effects of noncompliance on healthcare are considered, and examples of supporting patients psychologically to increase compliance are discussed. An outline of a method to identify costs of non-compliance, and where such costs most intensely impact the healthcare system, is provided. It is suggested that psychological support is effective in terms of increased compliance and improved healthcare (...) economics. The model is presented for PFD, but the principles developed can be generalised to many aspects of healthcare. (shrink)

This study modelled associations between gender, ruminative cognitive style, alcohol use, and the time course of negative affect over the course of 43,111 random assessments in the natural environment. Participants completed 49 days of experience sampling over 1.3 years. The data indicated that rumination at baseline was positively associated with alcohol dependence symptoms at baseline as well as higher negative affect over the course of the study. Consistent with negative reinforcement models, drinking served to decrease the persistence of negative affect (...) from moment to moment. However, this ameliorative effect of drinking was evident only among women, suggesting an increased risk for negative reinforcement driven drinking behaviour. In addition, rumination appeared to counteract the desired effects of alcohol on mood among women. This suggests that women who ruminate more may be motivated to consume larger amounts of alcohol to achieve the desired effects. Overall, the results indicate that ruminative cognitive style and the persistence of negative affect from moment to moment may reflect an individual vulnerability for the development of alcohol use disorder especially among women. (shrink)

Presentism is the view that only presently existing things exist. Actualism is the view that only actually existing things exist. Although these views have much in common, the position we take with respect to one of them is not usually thought to constrain the position that we may take toward the other. In this paper I argue that this standard attitude deserves further scrutiny. In particular, I argue that the considerations that motivate one common objection to presentism—the grounding objection—threaten to (...) give rise to an analogous grounding objection to actualism. Those who are moved by grounding considerations to give up presentism should either be moved by analogous considerations to give up actualism as well or be prepared to undertake quite a bit of further work in order to defend their position. (shrink)

I argue that the way the world appears to be plays an important role in standard scientific practice, and that therefore the way the world appears to be ought to play a similar role in metaphysics as well. I then show how the argument bears on a specific first-order debate in metaphysics—the debate over whether there are composite objects. This debate is often thought to be a paradigm case of a metaphysical debate that is largely insulated from scientific considerations, and (...) is often disparaged or avoided by naturalistically-inclined metaphysicians as a result. My argument below shows that this attitude is a mistake. The way in which metaphysical debates can be informed by our best science is more complex and far-reaching than is often acknowledged in the literature. (shrink)

This chapter focuses on the relations between objective probabilities in physical theories at different levels. In general philosophy of probability, it is frequently assumed that a fundamental deterministic theory cannot support probabilistic phenomena at any higher level, or more generally that there cannot be non-trivial probabilities in higher-level theories that are not encoded in probabilities at the lower level. These assumptions face significant challenges from some well-understood physical theories – I focus on statistical mechanics and Bohmian mechanics – where a (...) deterministic description at some lower level gives rise to an effectively probabilistic theory at some higher level; in each case, constraints arising from an objective physical limitation on the acquisition of evidence concerning the lower level plays a crucial role in supporting the higher-level probabilities. (shrink)

Enjoyment of negative emotions in music is seen by many as a paradox. This paper argues that the paradox exists because it is difficult to view the process that generates enjoyment as being part of the the same system that also generates the subjective negative feeling. Compensation theories explain the paradox as the compensation of a negative emotion by the concomitant presence of one or more positive emotions. But compensation brings us no closer to explaining the paradox because it does (...) not explain how experiencing sadness itself is enjoyed. The solution proposed is that an emotion is determined by two critical processes—labelled motivational action tendency (MAT) and subjective feeling (SF). For many emotions the two processes are coupled in valence. For example, happiness has positive MAT and positive SF, annoyance has negative MAT and negative SF. However, in an aesthetic context, such as listening to music, emotion processes can become decoupled. Sadness retains its negative SF but the aversive, negative MAT is inhibited, leaving sadness to still be experienced as a negative valanced emotion, while contributing to the overall positive MAT. Individual differences, mood and previous experiences mediate the degree to which the aversive aspects of MAT are inhibited. The reason for hesitancy in considering or testing this parallel processes hypothesis, as well as the preponderance of research on sadness at the exclusion of other negative emotions, are discussed. (shrink)

I argue against the common and influential view that non-trivial chances arise only when the fundamental laws are indeterministic. The problem with this view, I claim, is not that it conflicts with some antecedently plausible metaphysics of chance or that it fails to capture our everyday use of ‘chance’ and related terms, but rather that it is unstable. Any reason for adopting the position that non-trivial chances arise only when the fundamental laws are indeterministic is also a reason for adopting (...) a much stronger, and far less attractive, position. I suggest an alternative account, according to which chances are probabilities that play a certain explanatory role: they are probabilities that explain associated frequencies. (shrink)

Some theories of quantum mechanical phenomena endorse wave function realism, according to which the physical space we inhabit is very different from the physical space we appear to inhabit. In this paper I explore an argument against wave function realism that appeals to a type of simplicity that, although often overlooked, plays a crucial role in scientific theory choice. The type of simplicity in question is simplicity of fit between the way a theory says the world is and the way (...) the world appears to be. This argument can be understood as one way of spelling out the so-called “incredulous stare objection” that is sometimes leveled against surprising metaphysical theories. (shrink)

A historical and systematic introduction to what the medieval philosopher and theologian Thomas Aquinas wrote about the Trinity. By focusing on the thought of one of the greatest defenders of the doctrine of the Trinity, Gilles Emery OP elucidates the classical Christian understanding of God.

Jon Elster's notion of 'local justice systems' helps recon ceive sustainable development in several fresh ways. Keeping options open for the future use of resources turns out to be a justice/injustice cycle: the more sustainable development becomes a global phenom enon, the more locally unjust its uniform application would necess arily be. The more uniform the application, the greater the local pressure for suitably varied alternatives. But the more varied the applications, the greater the chance of global injustice arising from (...) the decentralization and lack of coordination on the ground. In this way, sustainable development must be seen as not ending when unjust global systems become more just, but rather as continuing through a set of iterations whose moments include a rejection of an overly globalized sustainable development. Key Words: Jon Elster • local justice systems • sustainable development. (shrink)

As corporate managers interact with nonshareholder stakeholders, potential tradeoffs emerge and questions arise as to how these interactions impact shareholder value. We argue that this shareholder—stakeholder debate is an important issue within the overall corporate governance and corporate policy domain and examine one such stakeholder group - employees - by studying labor-friendly corporate practices. We find that announcements of labor-friendly policies are associated with positive abnormal stock returns. Labor-friendly firms also outperform otherwise similar firms, both in terms of long-run stock (...) market returns and operating results. In addition, we find that the probability and benefits of labor-friendliness increase with the demand for highly skilled labor. Our analysis of excess executive compensation suggests that top management derives no pecuniary benefits from labor-friendly practices. We interpret our results as consistent with a genuine concern for employees translating into higher productivity and profitability, which in turn facilitate value creation. It appears that the benefits of labor-friendly practices significantly outweigh the costs and that what is good for employees is good for shareholders. (shrink)

There is a lack of published evidence which demonstrates the impacts of public engagement in science and technology policy. This might represent the failure of PE to achieve policy impacts or indicate a lack of effective procedures for discerning the uptake by policy makers of PE-derived outputs. While efforts have been made to identify and categorize different types of policy impact, research has rarely attempted to link policy impact with PE procedures, political procedures, or the connections between them. In this (...) article, we propose a simple conceptual model to capture this information, based on semistructured interviews with both policy makers and PE practitioners. A range of criteria are identified to increase the policy impact of PE. The role of PE practitioners in realizing impacts through their interactions with policy makers in the informal “in-between” spaces of public engagement is emphasized. However, the potential contradictions between the pursuit of policy impacts and the more traditional conceptualizations of PE effectiveness are discussed. The main barrier to the identification of policy impacts from PE may lie within policy processes themselves. Political institutions have responsibility to establish formalized procedures for monitoring the uptake and use of evidence from PE in their decision-making processes. (shrink)

As with any proposal for institutional reform, and especially one that has gained so much ground in such a short amount of time, this paper asks whether diversity, equity, and inclusion (DEI) movement is good for corporations. Are businesses stronger with DEI practices and ideas or weaker? We believe that the DEI movement is asking the right questions: How do we create more just and equitable institutions? The challenge, however, is whether this movement is giving the right answers to such (...) questions. The main premise of our paper is that without deeper principles than DEI itself, these qualities of corporate life will be misunderstood, misused, and disordered in our increasingly fragmented and politicized culture. We propose in this essay that “subsidiarity” serves as one of those deeper principles that can order and enrich our understanding of DEI. It serves as a gift principle that begins to reveal the deepest nature of our work, namely, that our work allows us to exercise our gifts in serving others. (shrink)

I distinguish between two different ways in which the wavefunction might play a role in explaining the behavior of quantum systems and argue that a satisfactory account of quantum ontology will make it possible for the wavefunction to explain the behavior of quantum systems in both of these way. I then show how this constraint has the potential to impact two quite different accounts of quantum ontology.

Cost‐effectiveness analysis (CEA) raises questions that are too important to be left to policy analysts and economists. Those who utilize CEA should acknowledge its inherent value system and adapt it to a more ethical usage.

A plateau has been reached in how to analyze people's use of their common property resources. We require fresh ways of thinking about the issue. Four new and very different approaches are sketched in the article.

Given the prevalence of debilitating anxiety associated with music performance, there is a need for rapid, pinpointed assessment of the extent to which an individual experiences music performance anxiety. A short, five item scale, the Mazzarolo Music Performance Anxiety Scale, was developed to capture retrospective self-reported estimates of the frequency, intensity and aversion tendency associated with performing music. 102 musicians completed the scale, as well as an established MPA inventory. The M-MPAS was found to be internally reliable with all items (...) being statistically relevant to the overall scale. Furthermore, the M-MPAS was correlated with the relevant factors of an established MPA measure, suggesting that the new scale exhibited good construct validity. M-MPAS is easy to score, with a scale range of 0–30. A score of 11 or above is suggested as the range in which a diagnosis of potential high MPA can be made, but more research into this and the psychometric robustness of the scale is called for. Nevertheless, the reliability and validity demonstrated in the present study, along with the brevity of the M-MPAS suggest that the newly proposed scale may offer considerable triaging benefits for pinpointed assessment of the extent to which an individual experiences MPA. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a highly (...) plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)