In this article it is argued that Scottish contract theory retains distinctive features which are not shared with the Common Law. The origins of this theory lie in the ‘mixed' nature of its contract law, a mixture established principally through the writings of Stair. That mix is not merely the traditional mix of Roman and Common Law typical of mixed legal systems, but a mix also of natural law ideas with a respect for the rational and free choices of the (...) parties. Respect for free will is seen not just in certain contractual rules such as the absence of a requirement of consideration, but in the existence of a separate obligation of unilateral promise. It is argued that the nature of Scottish contract theory lends itself more easily to defence of the will theory, and that there has been an absence of enthusiasm for the adoption of competing theories of contract in Scotland. It is suggested by way of conclusion that some of the benefits provided by the Scottish structure could be of use to future development of the Common Law, albeit that the Common Law has typically shown itself averse to legal borrowings from its nearest neighbour. (shrink)

This paper discusses the application of information and communication technology (ICT) in the commercial, non-passenger maritime sector. The paper first profiles the available technologies in this subject area, which predominantly involve globally accessible satellite communications, then examines their application in two large shipping companies.The paper considers Maritime Personnel Management in the context of seafaring, regarding the crew of a ship as a node in a distributed network, and as transnational teams. Customised personnel management and knowledge management software for the maritime (...) market is available and this can be employed to improve operational efficiency. Shipping companies have traditionally been strictly hierarchical organisations, but evidence suggests that this is changing alongside the wider implementation of e-commerce in the sector.It was found that cost is a decisive factor in determining the extent to which shipping companies are prepared to invest in an information and communications technologies (ICT) infrastructure. However, new satellite technologies such as Mobile Packet Data now provide an economical method of transferring data between ship and shore. The ‘office at sea’ is a viable proposition thanks to this, once the initial investment in equipment has been made, with the ship being another node in the corporate Intranet or Wide Area Network (WAN).Extending ICT provision to allow for seafarer access to e-mails is a vital welfare provision, to alleviate isolation and assist in recruitment and retention. However, it was found not only that the seafarer’s family at home may not have access to the technology to send and receive e-mails in many parts of the world, but that ship owners had negative attitudes to the use of ICT for such purposes.The potential for Maritime e-learning was investigated, the sector being supplied by vendors offering customised maritime software solutions. Fully Internet-based e-learning is unlikely to be economically viable for some years to come, due to the cost of access using a satellite link, but creative computer-based training solutions are available, based on CD ROMs and tutor support by e-mail. Computers dedicated to training use are provided by larger shipping companies, but are by no means universal across the maritime sector.Welfare provision for seafarers is offered mainly by organisations in the voluntary sector. Such organisations have made creative use of available technologies, both on Web sites and in the ICT provision offered in Seafarers’ Centres. There has not, however, been an increase in enquiries and reports of mistreatment from seafarers as a result of being able to receive these over the Internet, mainly due to a poor level of Internet access at sea. ‘Crew Calling’ is an encouraging development as it gives seafarers their own communications link, distinct from the ship’s communications system.This study indicates that the use of maritime ICT for human welfare and training is relatively limited. Although there are many available technologies which can assist in bridging the physical gap between land and sea by ‘virtual’ means, current business pressures dictate that only the most profitable and forward-thinking companies are willing to consider fully implementing them. The authors conclude that the provisions described in this paper will eventually become the industry norm, but that virtual connections are at present far from complete. (shrink)

It is often said that the Constitution does not interpret itself, that we are in need of a theory of interpretation for constitutions. This need has led to a flourishing literature on constitutional interpretation. Statutes, also, stand in need of a theory of interpretation, and that obvious need has led to a robust literature on that subject. What is said too infrequently is that Supreme Court rulings do not interpret themselves, that we are in need of a theory of interpretation (...) for rulings. In this essay, I assess the question of what is an appropriate doctrine of ruling interpretation by applying the arguments of the living constitutionalists to Supreme Court rulings. Contemporary proponents of a progressive doctrine of interpretation for constitutions—variously called the ‘living tree,’ ‘living force,’ or ‘living constitution’ doctrines of interpretation—appear to embrace two theses. The first thesis, which we can call the ‘progressive thesis,’ is the view that the Supreme Court ought to ensure that our highest laws are in compliance with contemporary values. The second thesis is the ‘doctrine of judicial supremacy’ which maintains that all lower judicial and non-judicial actors are to accept and adhere to the rulings of the Supreme Court.I argue that these two theses—the progressive thesis and the doctrine of judicial supremacy—are in tension with one another. Embracing the second thesis requires abandoning the first, while embracing the first thesis requires abandoning the second. Contemporary living constitutionalism, as defended by prominent advocates like Chief Justice Beverly McLachlin, Justice Ian Binnie, Australian Justice Michael Kirby, legal scholar Peter Hogg, and others, is incoherent. In the end, those who embrace the progressive thesis must rely on the claim that the Supreme Court ought to have a monopoly on the use of progressive interpretation, and that lower courts and non-judicial actors must use originalist methods for interpreting the text of Supreme Court rulings. To make this argument, the advocates of progressive constitutional interpretation must be advocates of originalism—not half-hearted supporters, but enthusiastic, full-on supporters, however much they may, elsewhere in their writings, condemn originalism as a practically-flawed, unworkable, or unenlightened method of interpretation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Confessions of an American PsychoJames Hogg’s and Bret Easton Ellis’s Anti-Heroes’ Journey from Vulnerability to ViolenceDaniel Cojocaru (bio)My vitals have all been torn, and every faculty and feeling of my soul racked, and tormented into callous insensibility.... I could perceive no bottom, and then—not till then, did I repeat the tremendous prayer!—I was instantly at liberty; and what I now am, the Almighty knows! Amen.—James Hogg, The (...) Private Memoirs and Confessions of a Justified Sinner1My conscience, my pity, my hopes disappeared a long time ago (probably at Harvard) if they ever did exist.... My pain is constant and sharp.... But even after admitting this... and coming face-to-face with these truths, there is no catharsis. I gain no deeper knowledge about myself.... This confession has meant nothing.—Bret Easton Ellis, American Psycho2A hundred and sixty-seven years lie between the publication of James Hogg’s The Private Memoirs and Confessions of a Justified Sinner (1824) (henceforth referred to as Confessions) and Bret Easton Ellis’s American Psycho (1991). Yet one cannot but be amazed at the striking similarities of the main [End Page 185] protagonists’s insights at the end of these two novels. Although connections between works of Gothic Romanticism and postmodern narratives have been duly noted, the possible reasons for the analogies remain largely unexplored.3It will be argued here that both novels are representations of worlds immersed in what René Girard, in Deceit, Desire, and the Novel (henceforth referred to as Deceit), has termed “deviated transcendency,” resulting in similar stages of narrative progression, which in turn can be analyzed in terms of Girard’s mimetic cycle of violence.At a first glance, the two pieces seem to be concerned with themes that to a secularized age must appear most disparate. But as Girard has noted: “The very idea of mediation encourages literary comparisons at a level which is no longer that of genre criticism or thematic criticism.... It may illuminate the works through each other.”4 Hogg’s narrative deals with the problem of antinomianism and the resulting spiritual pride. The anti-hero of the narrative, Robert Wringhim, relies on his belief that he is one of the elect and cannot fall from grace and consequently is convinced by his elusive friend Gil-Martin to become a murderer without having to fear punishment. American Psycho on the other hand is concerned with the consequences of the crass materialism of the U.S. yuppie generation, culminating at the end of the 1980s, as experienced by the serial-killing first-person narrator Patrick Bateman. However, one could argue that in its very first pages, American Psycho presents the reader with a secularized version of antinomianism. Michael Steig has fleetingly noted that the egocentric doctrines of antinomianism psychologically resemble the “I’m alright tenets” of yuppie pseudo-psychology.5 Timothy Price, one of Bateman’s colleagues on Wall Street, expresses this in the following words: “In essence what I’m saying is that society cannot afford to lose me. I’m an asset.”6 Translated into antinomian terms, one could say that he is one of the elect, one of the privileged enjoying a capitalist heaven on earth; and by saying that society cannot afford to lose him, he, like Robert Wringhim, is showing that he believes he cannot fall from grace—or at least he tries to believe it.“I was well aware that the devilish powers of his mother would finally prevail; and either the dread of this, or the inward consciousness of having wronged him, certainly unnerved my arm.”7 If, in this reference to a quarrel with a fellow pupil at school, Robert gives away the fact that he doubts his own words, through the rhetorical device of correctio, so does Timothy Price by his choice of words. In fact, it is exactly because he is an asset that society can afford to lose him. As he is literally transformed into a commodity, society can discard him and in the novel indeed does so. It is one of the many ironies of the narrative that Price disappears soon after the above... (shrink)

To advance current knowledge on ethical decision-making in organizations, we integrate two perspectives that have thus far developed independently: the organizational identification perspective and the ethical climate perspective. We illustrate the interaction between these perspectives in two studies, in which we presented participants with moral business dilemmas. Specifically, we found that organizational identification increased moral decision-making only when the organization’s climate was perceived to be ethical. In addition, we disentangle this effect in Study 2 from participants’ moral identity. We argue (...) that the interactive influence of organizational identification and ethical climate, rather than the independent influence of either of these perspectives, is crucial for understanding moral decision-making in organizations. (shrink)

To advance current knowledge on ethical decision-making in organizations, we integrate two perspectives that have thus far developed independently: the organizational identification perspective and the ethical climate perspective. We illustrate the interaction between these perspectives in two studies, in which we presented participants with moral business dilemmas. Specifically, we found that organizational identification increased moral decision-making only when the organization’s climate was perceived to be ethical. In addition, we disentangle this effect in Study 2 from participants’ moral identity. We argue (...) that the interactive influence of organizational identification and ethical climate, rather than the independent influence of either of these perspectives, is crucial for understanding moral decision-making in organizations. (shrink)

A long-standing theme in discussion of perception and thought has been that our primary cognitive contact with individual objects and events in the world derives from our perceptual contact with them. When I look at a duck in front of me, I am not merely presented with the fact that there is at least one duck in the area, rather I seem to be presented withthisthing (as one might put it from my perspective) in front of me, which looks to (...) me to be a duck. Furthermore, such a perception would seem to put me in a position not merely to make the existential judgment that there is some duck or other present, but rather to make a singular, demonstrative judgment, that that is a duck. My grounds for an existential judgment in this case derives from my apprehension of the demonstrative thought and not vice versa. (shrink)

On Inception is a translation of Martin Heidegger's Gesamtausgabe 70. This work belongs to the crucial period, before and during WWII, when Heidegger was at work on a series of treatises that begins with "Contributions to Philosophy" and includes "The Event" and "The History of Beyng." These works are difficult, even hermetic, but represent a crucial development in Heidegger's thinking. On Inception deepens the investigation underway in the other volumes of the series and provides a unique perspective on Heidegger's (...) thinking of Being and of Event. Here, Heidegger asks, with a greater insistence than anywhere else in his work, what it might mean to think of being as event, and not as presence. Event cannot be thought without the sense of a beginning - an inception - and so, Heidegger insists, we must try to think of being as inception, as fundamentally inceptive. On Inception pursues rigorously the difficult and puzzling implications of this speculation. It does not merely extend work already undertaken but also opens doors onto wholly other pathways. (shrink)

An examination of Ian Parker's definitions of discourse reveals them to be non-distinctive and of limited utility. It is argued that discourse analysis should be integrated with, rather than set against, social psychology. Discourse analysts should attend to the issues of the representativeness and generality of their evidence, should be wary of attributing causality to discourse, and should consider the advantages of systematically investigating, rather than asserting, the social consequences of the use of different discourses.

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence (AI) system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with (...) the particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (shrink)

This volume contains the first critical edition and translation of Barlaam of Seminara's fourteenth century treatise Ethics According to the Stoics , along with a series of interpretative essays explaining its content and context. Barlaam's text is the earliest interpretative work written on Stoic ethics, a product of the burgeoning Italian Renaissance but also drawing on Barlaam's experience in the Byzantine intellectual world of Constantinople. Intriguingly, it offers a radically different account of the Stoic theory of emotions to the one (...) known from other sources, possibly taken from sources accessible to Barlaam but now lost. The volume includes interpretative essays on each of the two books of Barlaam's treatise, along with a biographical introduction and an essay setting out the wider context of the reception of Stoicism in the Middle Ages and early Renaissance. (shrink)

Affective disorders arise in stressful situations from aberrant sensory information integration that affects energetic nutrient (i.e., glucose) utilization to the cognitive centers of the brain. Because energy flow is mediated by molecular signals and receptors that evolved before the first complex brains, the phylogenetically oldest signaling systems are essential in the etiology of affective disorders. The corticotropin‐releasing factor (CRF) peptide subfamily is a phylogenetically old metazoan peptide family and is pivotal for regulating organismal energy response associated with stress. Highly conserved, (...) both the CRF peptide family and its receptors possess a structural relationship to the teneurins, and their receptors, latrophilins, respectively. The CRF homologous region of teneurin is defined as the “teneurin C‐terminal associated peptide” (TCAP) and antagonizes CRF action, regulates mitochondrial energy production, and is anxiolytic in vivo. Here, it is postulated that TCAP represents an ancient peptide that mediates intercellular information transfer of stressful and noxious events by regulating energy utilization among neurons. (shrink)

Over the past three decades, the philosophy of biology has emerged from the shadow of the philosophy of physics to become a respectable and thriving philosophical subdiscipline. The authors take a fresh look at the life sciences and the philosophy of biology from a strictly realist and emergentist-naturalist perspective. They outline a unified and science-oriented philosophical framework that enables the clarification of many foundational and philosophical issues in biology. This book will be of interest both to life scientists and philosophers.

We provide a battery of examples of delusions against which theoretical accounts can be tested. Then, we identify neuropsychological anomalies that could produce the unusual experiences that may lead, in turn, to the delusions in our battery. However, we argue against Maher’s view that delusions are false beliefs that arise as normal responses to anomalous experiences. We propose, instead, that a second factor is required to account for the transition from unusual experience to delusional belief. The second factor in the (...) aetiology of delusions can be described superficially as a loss of the ability to reject a candidate for belief on the grounds of its implausibility and its inconsistency with everything else that the patient knows. But we point out some problems that confront any attempt to say more about the nature of this second factor. (shrink)

Martin Heidegger's Contributions to Philosophy reflects his famous philosophical "turning." In this work, Heidegger returns to the question of being from its inception in Being and Time to a new questioning of being as event.

What exactly is hope and how does it influence our decisions? In How We Hope, Adrienne Martin presents a novel account of hope, the motivational resources it presupposes, and its function in our practical lives. She contends that hoping for an outcome means treating certain feelings, plans, and imaginings as justified, and that hope thereby involves sophisticated reflective and conceptual capacities. Martin develops this original perspective on hope--what she calls the "incorporation analysis"--in contrast to the two dominant philosophical (...) conceptions of hope: the orthodox definition, where hoping for an outcome is simply desiring it while thinking it possible, and agent-centered views, where hoping for an outcome is setting oneself to pursue it. In exploring how hope influences our decisions, she establishes that it is not always a positive motivational force and can render us complacent. She also examines the relationship between hope and faith, both religious and secular, and identifies a previously unnoted form of hope: normative or interpersonal hope. When we place normative hope in people, we relate to them as responsible agents and aspire for them to overcome challenges arising from situation or character. Demonstrating that hope merits rigorous philosophical investigation, both in its own right and in virtue of what it reveals about the nature of human emotion and motivation, How We Hope offers an original, sustained look at a largely neglected topic in philosophy. (shrink)

Martin Heidegger is one of the most important and influential philosophers of the 20th Century. A major figure in the development of phenomenology, his work also profoundly influenced many of the intellectual movements that followed in his wake, from Sartre's Existentialism to Derrida's deconstructionism. Towards the Definition of Philosophy brings together two seminal lectures that mark a breakthrough moment in Heidegger's thought and introduces the major themes that he would develop in his opus Being and Time.

Graphical AbstractIn neurons, teneurins and latrophilins form a juxtacrine unit that originated in the earliest metazoans. The ‘teneurin C-terminal associated peptide’ (TCAP) regulates mitochondrial function to coordinate energy usage in surrounding cells. TCAP inhibits stress-related actions of corticotropin-releasing factor (CRF) in the central nervous system and may underlie the etiology of some affective disorders. More details can be found in article number 2000039 by David A. Lovejoy and David W. Hogg. Cover image by Mia Husic.

Eric Martin and Daniel N. Osherson present a theory of inductive logic built on model theory. Their aim is to extend the mathematics of Formal Learning Theory to a more general setting and to provide a more accurate image of empirical inquiry. The formal results of their study illuminate aspects of scientific inquiry that are not covered by the commonly applied Bayesian approach.

A landmark discussion between two great thinkers, vital to an understanding of twentieth-century philosophy and intellectual history.

A ‘lottery belief’ is a belief that a particular ticket has lost a large, fair lottery, based on nothing more than the odds against it winning. The lottery paradox brings out a tension between the idea that lottery beliefs are justified and the idea that that one can always justifiably believe the deductive consequences of things that one justifiably believes – what is sometimes called the principle of closure. Many philosophers have treated the lottery paradox as an argument against the (...) second idea – but I make a case here that it is the first idea that should be given up. As I shall show, there are a number of independent arguments for denying that lottery beliefs are justified. (shrink)

This paper proposes a view of time that takes passage to be the most basic temporal notion, instead of the usual A-theoretic and B-theoretic notions, and explores how we should think of a world that exhibits such a genuine temporal passage. It will be argued that an objective passage of time can only be made sense of from an atemporal point of view and only when it is able to constitute a genuine change of objects across time. This requires that (...) passage can flip one fact into a contrary fact, even though neither side of the temporal passage is privileged over the other. We can make sense of this if the world is inherently perspectival. Such an inherently perspectival world is characterized by fragmentalism, a view that has been introduced by Fine in his ‘Tense and Reality’ (2005). Unlike Fine's tense-theoretic fragmentalism though, the proposed view will be a fragmentalist view based in a primitive notion of passage. (shrink)

An essential all-in-one introduction, Ethics for Engineers provides in-depth coverage of major ethical theories, professional codes of ethics, and case studies in a single volume. Incorporating numerous practical examples and about 100 review questions, it helps students better understand and address ethical issues that they may face in their future careers. Topics covered include whistle-blowing, the problem of many hands, gifts, bribes, conflicts of interest, engineering and environmental ethics, privacy and computer ethics, ethical technology assessment, and the ethics of cost-benefit (...) analysis and risk and uncertainty. (shrink)

The Liar paradox arises when we consider a sentence that says of itself that it is not true. If such self-referential sentences exist? and examples like?This sentence is not true? certainly suggest this?, then our logic and standard notion of truth allow to infer a contradiction: The Liar sentence is true and not true. What has gone wrong? Must we revise our notion of truth and our logic? Or can we dispel the common conviction that there are such self-referential sentences? (...) The present study explores the second path.0After comparing the Liar reasoning in formal and informal logic and showing that there are no Gödelian Liar sentences, the study moves on from the semantics of self-reference to the metaphysics of expressions and proposes a novel solution to the Liar paradox: Meaningful expressions are distinct from their syntactic bases and exist only relative to contexts. Detailed semantico-metaphysical arguments show that in this dynamic setting, an object can be referred to only after it has started to exist. Hence the circular reference needed in the Liar paradox cannot occur, after all. As this solution is contextualist, it evades the expressibility problems of other proposals. (shrink)

This book provides the first systematic presentation of anthropology's 'ontological turn', placing it in the landscape of contemporary social theory.

_ Source: _Volume 6, Issue 2-3, pp 120 - 142 This paper aims to contribute to the debate over epistemic versus non-epistemic readings of the ‘hinges’ in Wittgenstein’s _On Certainty_. I follow Marie McGinn’s and Daniele Moyal-Sharrock’s lead in developing an analogy between mathematical sentences and certainties, and using the former as a model for the latter. However, I disagree with McGinn’s and Moyal-Sharrock’s interpretations concerning Wittgenstein’s views of both relata. I argue that mathematical sentences as well as certainties are (...) true and are propositions; that some of them can be epistemically justified; that in some senses they are not prior to empirical knowledge; that they are not ineffable; and that their primary function is epistemic as much as it is semantic. (shrink)

Humanity has reached a critical moment. Our world is unsettled and rapidly changing, and we face existential risks over the next century. Various outcomes--good and bad--are possible. Yet our approach to the future is characterized by short-term thinking, polarizing debates, alarmist rhetoric, and pessimism. In this short, exhilarating book, renowned scientist and bestselling author Martin Rees argues that humanity's prospects depend on our taking a very different approach to planning for tomorrow. The future of humanity is bound to the (...) future of science and hinges on how successfully we harness technological advances to address our challenges. If we are to use science to solve our problems while avoiding its dystopian risks, we must think rationally, globally, collectively, and optimistically about the long term. Advances in biotechnology, cybertechnology, robotics, and artificial intelligence--if pursued and applied wisely--could empower us to boost the developing and developed world and overcome the threats humanity faces on Earth, from climate change to nuclear war. At the same time, further advances in space science will allow humans to explore the solar system and beyond with robots and AI. But there is no "Plan B" for Earth--no viable alternative within reach if we do not care for our home planet. Rich with fascinating insights into cutting-edge science and technology, this accessible book will captivate anyone who wants to understand the critical issues that will define the future of humanity on Earth and beyond."-- Provided by publisher. (shrink)

Richard Rorty (1931 - 2007) ist einer der wichtigsten amerikanischen Philosophen der Gegenwart, der die analytische Philosophie sowohl geprägt als auch maßgeblich zu ihrer Kritik beigetragen und damit die Wiederentdeckung des Pragmatismus vorangetrieben hat. In diesem Handbuch werden alle wichtigen Aspekte seines Lebens und seiner philosophischen Arbeit dargestellt und einer wissenschaftlichen Diskussion unterzogen.

Material from this paper appears in Chap. 7 of my book Reason and Being, but there is also stuff here that isn't in the book. In particular, it discusses the claims that, for Spinoza, conceiving implies explaining and that existence is identical to or reducible to conceivability. So, if you're interested in those issues, this paper might be worth a read.