Contract law doctrines can be ranged along various spectra. One of these spectra runs from the static to the dynamic. A contract law doctrine lies at the static pole of this spectrum if its application turns entirely on what occurred at the moment in time when a contract was formed. A contract law doctrine lies at the dynamic pole if its application turns in significant part on a moving stream of events that precede, follow, or constitute the formation of a (...) contract. Another spectrum runs from the binary to the multifaceted. Contract law doctrines are binary if they organize the experience within their scope into only two categories. Contract law doctrines are multifaceted if they organize the experience within their scope into several categories, including one or more intermediate categories. Classical contract law was a rigid, rather than a supple, instrument. Its rules were often responsive to neither the actual objectives of the parties, the actual facts and circumstances of the partiesâ transaction, nor the dynamic character of contracts. Instead, the rules of classical contract law were centered on a single moment in time, the moment of contract formation. accordingly, classical contract law doctrines were almost wholly static and also tended to be binary. The twentieth century witnessed the development of a modern contract law that has largely overthrown classical contract law. This overthrow has occurred in two ways. To begin with, in many cases modern contract law has reversed or fundamentally modified the rules of classical contract law. More important than the overthrow of specific rules of classical contract law, however, has been the overthrow of the deep structure of classical contract law. Where classical contract law had an overriding preference for rules that were objective and standardized, modern contract law has been highly flexible in adopting rules that are individualized and even subjective. Where classical contract law rules were typically binary, modern contract law rules are often multifaceted. Finally, where classical contract law was largely static, modern contact law is, in large part, dynamic. So, for example, static rules of interpretation have been replaced by dynamic rules that take into account events before and after the moment of contract formation; the static legal-duty rule has withered almost completely away, to be largely replaced by a dynamic modification regime that takes into account the value of ongoing reciprocity; a static judicial review of liquidated damages provisions is giving way to a dynamic review that takes account of the actual loss; and static offer-and-acceptance rules have been replaced by dynamic rules, such as the duty to negotiate in good faith. (shrink)

Liver transplantation (LT) activities during the COVID-19 pandemic have been curtailed in many countries. The impact of various policies restricting LT on outcomes of potential LT candidates is unclear. We studied all patients on the nationwide LT waitlists in Hong Kong and Singapore between January 2016 and May 2020. We used continuous time Markov chains to model the effects of different scenarios and varying durations of disruption on LT candidates.

Happy people often fail to elaborate on persuasive arguments, while people in sad moods tend to scrutinise messages in greater detail. According to some motivational accounts, however, happy people will elaborate a message if they believe it might maintain their positive mood. The present research extends this reasoning by demonstrating that happy people will elaborate arguments from message presenters that convey positive hedonic attributes (i.e., source likeability). In a pilot study, we show that happy people believe persuasive messages from a (...) likeable source will be mood maintaining. The results of Study 1 demonstrate that these expectancies have important message-processing implications. In Study 1, sad participants elaborated arguments from both likeable and dislikeable sources, while happy participants only elaborated arguments from a likeable source. Consistent with motivational explanation of these effects, in Study 2, happy participants elaborated arguments from a likeable source when not distracted, but used likeability as a heuristic when distracted with a cognitive-load manipulation. Implications of these results for understanding the effects of mood on processing strategy, limitations, and directions for future research are discussed. (shrink)

Despite spending more on health care than every other industrialized country, the U.S. ranks 37th in health outcomes. These differences cannot be explained away with differences in age and income, or even with quality of care. And, the rate of growth in health care spending in the U.S. continues to increase. The share of the Gross Domestic Product attributable to health care grew from 9% in 1980 to more than 17% in 2011. Health care costs are projected to account for (...) more than one-fifth of our economy by 2021. Despite spending more and more, the U.S. does not have better health outcomes than other countries. Worse, our increasing spending is largely attributable to preventable conditions. More than 85 cents of every dollar spent on health in the U.S. are spent on the treatment and management of chronic diseases, such as those caused by preventable conditions related to obesity and tobacco use. (shrink)

This volume illuminates and critically assesses Paul A. Samuelson's voluminous and groundbreaking contributions to the field of economics. The volume includes contributions from eminent scholars, including 6 Nobel Laureates, covering the extraordinary depth and breadth of Samuelson's contributions. Samuelson, the first American economist to win the Nobel prize in 1970, was the foremost voice in economics in the latter half of the 20th century. He single-handedly transformed the discipline by creating a new way of presenting economics, making it possible for (...) it to be cast all in mathematical terms. Samuelson developed broad frameworks, such as the neoclassical synthesis, a mixed economy, and the surrogate production function, which provided practitioners with a vision for research. Samuelson's contributions to economics are rich, complex, consequential, and relevant to the ordinary economics of life. The quality of Samuelson's output and methods leave no doubt that his contributions continue to be timely and relevant even in the 21st century. Ideal as a reference or an introduction to Samuelson's work, this is a must-have for students and academics alike. (shrink)

This book contains new essays in honor of Melvin J. Lerner, a pioneer in the psychological study of justice. The contributors to this volume are internationally renowned scholars from psychology, business, and law. They examine the role of justice motivation in a wide variety of contexts, including workplace violence, affirmative action programs, helping or harming innocent victims and how people react to their own fate. Contributors explore fundamental issues such as whether people's interest in justice is motivated by self-interest (...) or a genuine concern for the welfare of others, when and why people feel a need to punish transgressors, how a concern for justice emerges during the development of societies and individuals, and the relation of justice motivation to moral motivation. How an understanding of justice motivation can contribute to the amelioration of major social problems is also examined. (shrink)

This article draws together two works created in late fifteenth-century Mantua. Although radically different in kind, they were borne from the same acts of violence: Andrea Mantegna’s Madonna of Victory and a responsum about Jewish religious law by Rabbi Joseph Colon. Mantegna’s altarpiece, painted to commemorate the bloody battle of Fornova as a Gonzaga victory, was paid for by Daniele Norsa; Norsa, a Jewish banker, was accused of destroying a prior Christian icon and ordered to finance the new altarpiece as (...) reparations for this crime, under threat of death. Colon’s responsum addressed the permissibility of creating a Christian image under duress—idolatry being one of the sins for which a Jew must sacrifice their life rather than transgressing. We explore the remarkable artistry and distinct craft practiced by the painter and the rabbi—image making in the one case, legal reasoning in the other—as modes of describing, interpreting, and creating reality. Both works address problems of religion and idolatry, faith and coercion, victory and violence, and triumph and lament. Together they reveal the dynamics of a fascinating iconoclash, a conflict of culture waged over the struggle between making and breaking images. (shrink)

_The Undiscovered Dewey_ explores the profound influence of evolution and its corresponding ideas of contingency and uncertainty on John Dewey's philosophy of action, particularly its argument that inquiry proceeds from the uncertainty of human activity. Dewey separated the meaningfulness of inquiry from a larger metaphysical story concerning the certainty of human progress. He then connected this thread to the way in which our reflective capacities aid us in improving our lives. Dewey therefore launched a new understanding of the modern self (...) that encouraged intervention in social and natural environments but which nonetheless demanded courage and humility because of the intimate relationship between action and uncertainty. Melvin L. Rogers explicitly connects Dewey's theory of inquiry to his religious, moral, and political philosophy. He argues that, contrary to common belief, Dewey sought a place for religious commitment within a democratic society sensitive to modern pluralism. Against those who regard Dewey as indifferent to moral conflict, Rogers points to Dewey's appreciation for the incommensurability of our ethical commitments. His deep respect for modern pluralism, argues Rogers, led Dewey to articulate a negotiation between experts and the public so that power did not lapse into domination. Exhibiting an abiding faith in the reflective and contestable character of inquiry, Dewey strongly engaged with the complexity of our religious, moral, and political lives. (shrink)

The purpose of this essay is to both discuss commands as a species of speech act and to discuss commands within the broader framework of how they are used and ...

In this paper, I will identify two problems of trust in an AI-relevant context: a theoretical problem and a practical one. I will identify and address a number of skeptical challenges to an AI-relevant theory of trust. In addition, I will identify what I shall term the ‘scope challenge’, which I take to hold for any AI-relevant theory of trust that purports to be representationally adequate to the multifarious forms of trust and AI. Thereafter, I will suggest how trust-engineering, a (...) position that is intermediate between the modified pure rational-choice account and an account that gives rise to trustworthy AI, might allow us to address the practical problem of trust, before identifying and critically evaluating two candidate trust-engineering approaches. (shrink)

Three key contributions of Iris Young to democratic political theory, and three challenges that have arisen in response to Young's theory, are examined here in relation to education. First, Young has argued that oppression and domination, not distributive inequality, ought to guide discussions about justice. Second, eliminating oppression requires establishing a politics that welcomes difference by dismantling and reforming structures, processes, concepts and categories that sustain difference‐blind, impartial, neutral, universal politics and policies. The infatuation with merit and standardized tests, both (...) of which are central to measuring educational achievement, are chief amongst the targets in need of reform. Third, a politics of difference requires restructuring the division of labour and decision‐making so as to include disadvantaged social groups but allow them to contribute without foregoing their particularities. The challenges that have arisen in response to Young's theory are first, that difference is merely another way of getting at inequality of resources or opportunities, and if it is not, then, second, a politics of difference values difference for the sake of difference rather than for the sake of alleviating social disadvantage. Third, in theory and in practice a politics that focuses on difference putatively jeopardizes a politics whose aim is to improve the redistribution of resources. (shrink)

Three key contributions of Iris Young to democratic political theory, and three challenges that have arisen in response to Young's theory, are examined here in relation to education. First, Young has argued that oppression and domination, not distributive inequality, ought to guide discussions about justice. Second, eliminating oppression requires establishing a politics that welcomes difference by dismantling and reforming structures, processes, concepts and categories that sustain difference‐blind, impartial, neutral, universal politics and policies. The infatuation with merit and standardized tests, both (...) of which are central to measuring educational achievement, are chief amongst the targets in need of reform. Third, a politics of difference requires restructuring the division of labour and decision‐making so as to include disadvantaged social groups but allow them to contribute without foregoing their particularities. The challenges that have arisen in response to Young's theory are first, that difference is merely another way of getting at inequality of resources or opportunities, and if it is not, then, second, a politics of difference values difference for the sake of difference rather than for the sake of alleviating social disadvantage. Third, in theory and in practice a politics that focuses on difference putatively jeopardizes a politics whose aim is to improve the redistribution of resources. (shrink)

This edition focuses on Aron's lifelong attempt to bridge the gap between knowledge and action and to understand the dialectical relationship between history ...

How might we philosophize about the metaverse? It is traditionally held that the four main branches of philosophy are metaphysics, epistemology, axiology, and logic. In this article, I shall demonstrate how virtual walt-fictionalism, a particular version of virtual irrealism, is able to offer a straightforward, internally consistent, and powerful response about the metaphysics, epistemology, and axiology (ethics) of the metaverse. I will first characterize the metaverse in terms of a reality-virtuality (RV) continuum and distinguish between virtual realism and virtual irrealism, (...) before elaborating on the explanatory power and potential of virtual walt-fictionalism relative to the metaphysics, epistemology, and axiology (ethics) of the metaverse. (shrink)

This is a thorough treatment of first-order modal logic. The book covers such issues as quantification, equality (including a treatment of Frege's morning star/evening star puzzle), the notion of existence, non-rigid constants and function symbols, predicate abstraction, the distinction between nonexistence and nondesignation, and definite descriptions, borrowing from both Fregean and Russellian paradigms.

The paper presents and defends a Bayesian theory of trust in social networks. In the first part of the paper, we provide justifications for the basic assumptions behind the model, and we give reasons for thinking that the model has plausible consequences for certain kinds of communication. In the second part of the paper we investigate the phenomenon of overconfidence. Many psychological studies have found that people think they are more reliable than they actually are. Using a simulation environment that (...) has been developed in order to make our model computationally tractable we show that in our model inquirers are indeed sometimes better off from an epistemic perspective overestimating the reliability of their own inquiries. We also show, by contrast, that people are rarely better off overestimating the reliability of others. On the basis of these observations we formulate a novel hypothesis about the value of overconfidence. (shrink)