All of the chapters have been written especially for the book by the leading scholars in the field.Michael I. Posner is Professor of Psychology at the ...

Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should--indeed, must--directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a climate change agreement and (...) efforts to improve economic justice. But they make a powerful case that the best--and possibly only--way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work--a forward-looking agreement that requires every country to make greenhouse--gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world. (shrink)

Anterior cingulate cortex (ACC) is a part of the brain's limbic system. Classically, this region has been related to affect, on the basis of lesion studies in humans and in animals. In the late 1980s, neuroimaging research indicated that ACC was active in many studies of cognition. The findings from EEG studies of a focal area of negativity in scalp electrodes following an error response led to the idea that ACC might be the brain's error detection and correction device. In (...) this article, these various findings are reviewed in relation to the idea that ACC is a part of a circuit involved in a form of attention that serves to regulate both cognitive and emotional processing. Neuroimaging studies showing that separate areas of ACC are involved in cognition and emotion are discussed and related to results showing that the error negativity is influenced by affect and motivation. In addition, the development of the emotional and cognitive roles of ACC are discussed, and how the success of this regulation in controlling responses might be correlated with cingulate size. Finally, some theories are considered about how the different subdivisions of ACC might interact with other cortical structures as a part of the circuits involved in the regulation of mental and emotional activity. (shrink)

1. Pragmatism: Philosophical versus everyday. 2. Legal pragmatism. 3. John Dewey on Democracy and law. 4. Two concepts of democracy. 5. Democracy defended. 6. The concepts applied.

In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient ...

Posner characterizes the current preoccupation with moral and constitutional theory as an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise, and advocates a rebuilding of the law on the basis of systematic empirical inquiry.

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law.

In lieu of an abstract, here is a brief excerpt of the content:Against Ethical CriticismRichard A. PosnerOscar Wilde famously remarked that “there is no such thing as a moral or an immoral book. Books are well written, or badly written. That is all.” He was echoed by Auden, who said in his poem in memory of William Butler Yeats that poetry makes nothing happen (though the poem as a whole qualifies this overstatement), by Croce, and by formalist critics such as (...) Cleanth Brooks, a doyen of the New Critics, who insisted that edification was the function of religion but not of poetry. 1 George Orwell, though himself a didactic novelist, was of this view as well, 2 and it is one that most critics adopt when the issue is censorship. I accept Wilde’s thesis—the creed of aestheticism, of art for art’s sake—if understood to mean that the moral content and consequences of a work of literature are irrelevant to its value as literature; or as the critic Helen Vendler has put it, that “treating fictions as moral pep-pills or moral emetics is repugnant to anyone who realizes the complex psychological and moral motives of a work of art.” 3 This is not to deny that reading can have consequences, including moral and political ones. Information affects people’s outlook and behavior, and reading is a source of information. Imaginative literature conveys ideas, opinions, and information, often with great power. Think of the role that novels by Turgenev (Fathers and Sons), Dostoevsky (The Possessed), Conrad (The Secret Agent, Under Western Eyes), Koestler (Darkness at Noon), Orwell (Animal Farm, Nineteen Eighty-Four), and, of course, Solzhenitsyn played in exposing the horrors of anarchism and communism. Of A Passage to India it has been said that “as an account of the social conditions of British India it was powerful enough to have influenced events.” 4 Upton Sinclair’s novel The Jungle is thought to have incited federal regulation of food processing; and few doubt the effect of Uncle Tom’s Cabin (1852) on the abolitionist cause. [End Page 1]At the core of the aesthetic tradition, which I shall be defending in this essay particularly against its opponents in the “law and literature” movement, are three theses. First, immersion in literature does not make us better citizens or better people. One might be able to pick out some works of literature that would have such an effect because of the information they convey or the emotional state they induce, but they would constitute a skewed sample of literary works. Second, we should not be put off by morally offensive views encountered in literature even when the author appears to share them. A work of literature is not to be considered maimed or even marred by expressing unacceptable moral views; by the same token, a mediocre work of literature is not redeemed by expressing moral views of which we approve. The proper criteria for evaluating literature are aesthetic rather than ethical. Third, authors’ moral qualities or opinions should not affect our valuations of their works.The insistence, in short, is on the separation of the moral from the aesthetic—but with two qualifications. Some literature has little interest or value apart from the didactic and for it the proper criticism is didactic. And the separation of moral from aesthetic values is not a rejection of the former. The aesthetic outlook is a moral outlook, one that stresses the values of openness, detachment, hedonism, curiosity, tolerance, the cultivation of the self, and the preservation of a private sphere—in short, the values of liberal individualism.The counter tradition in literary criticism to the aesthetic originates with Plato and insists upon the importance, in some versions to the near or even total exclusion of anything else, of the ethical or political content and effects of works of literature, and less commonly of the author’s own morality. Martha Nussbaum, for example, deems Greek tragedies and Anglo-American realistic novels a part of moral philosophy. 5 Reading novels, she argues, “develops moral capacities without which citizens will not succeed in making reality out of the normative conclusions of any moral or political theory, however excellent.” 6 Wayne Booth, disagreeing with his illustrious... (shrink)

Metacognition refers to any knowledge or cognitive process that monitors or controls cognition. We highlight similarities between metacognitive and executive control functions, and ask how these processes might be implemented in the human brain. A review of brain imaging studies reveals a circuitry of attentional networks involved in these control processes, with its source located in midfrontal areas. These areas are active during conflict resolution, error correction, and emotional regulation. A developmental approach to the organization of the anatomy involved in (...) executive control provides an added perspective on how these mechanisms are influenced by maturation and learning, and how they relate to metacognitive activity. (shrink)

Following the research of Liedtka (1989), this paper examines the impact of her values congruence model on managers'' work attitudes and perceptions of ethical practices within their firms. A nationwide cross-section of managers (N=1,059) provides the sample for the study. Consonance or clarity about both personal value systems and organizational value systems were found to be more important and, in the absence of one or the other, clarity of personal values were shown to have a more positive impact than organizational (...) value clarity. (shrink)

Children show increasing control of emotions and behavior during their early years. Our studies suggest a shift in control from the brain’s orienting network in infancy to the executive network by the age of 3—4 years. Our longitudinal study indicates that orienting influences both positive and negative affect, as measured by parent report in infancy. At 3—4 years of age, the dominant control of affect rests in a frontal brain network that involves the anterior cingulate gyrus. Connectivity of brain structures (...) also changes from infancy to toddlerhood. Early connectivity of parietal and frontal areas is important in orienting; later connectivity involves midfrontal and anterior cingulate areas related to executive attention and self-regulation. (shrink)

This study re-examined the impact of personal and organizational values congruency on positive work outcomes and investigated the extent to which this relationship is affected by demographic variables. Data collection paralleled an earlier study (Posner and Schmidt, Journal of Business Ethics 12,1993, 341) and validated those findings, lending additional credibility to the continuing importance of this phenomenon. Both personal values congruence and organizational values clarity were significantly related to commitment, satisfaction, motivation, anxiety, work stress, and ethics using a cross-sectional sample (...) of 711 managen from across the United States. Gender, educational level, and functional area did not impact these relationships, although years of experience (expressed by age, managerial experience, and hierarchical level) did make a difference. (shrink)

This article examines the anatomy and circuitry of skills that, like reading, calculating, recognizing, or remembering, are common abilities of humans. While the anatomical areas active are unique to each skill there are features common to all tasks. For example, all skills produce activation of a small number of widely separated neural areas that appear necessary to perform the task. These neural areas relate to internal codes that may not be observed by any external behavior nor be reportable by the (...) performer. There is considerable plasticity to the performance of skills. Task components can be given priority through attention, which serves to increase activation of the relevant brain areas. Attention can also cause reactivation of sensory areas driven by input, but usually only after a delay. The threshold for activation for any area may be temporarily reduced by prior activation . Skill components requiring attention tend to cause interference resulting in the dual tasks effects and unified focus of attention described in many cognitive studies. Practice may change the size or number of brain areas involved and alter the pathways used by the skill. By combining cognitive and anatomical analyses, a more general picture of the nature of skill emerges. (shrink)

Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...

This chapter explains the concept of effort on the basis of evidence from experimental and cognitive psychology, demonstrates how it has been used in conducting studies of brain activity, and goes on to examine the individual differences that play a role in determining the efficiency of brain networks associated with effortful control. It also reviews certain educational training methods; those when used among children can change these networks, along with conditional changes developed in adults through meditation training. The findings reveal (...) that meditation helps in producing better attentional performance and the subjective condition related to effort. The chapter also investigates how these training methods play a role in determining the concept of flow. (shrink)

In our view, a central issue in relating brain development to education is whether classroom interventions can alter neural networks related to cognition in ways that generalize beyond the specific domain of instruction. This issue depends upon understanding how neural networks develop under the influence of genes and experience. Imaging studies have revealed common networks underlying many important tasks undertaken at school, such as reading and number skills, and we are beginning to learn how genes and experience work together to (...) shape the development of these networks. The results obtained appear sufficient to propose research-based interventions that could prove useful in improving the ability of children to adjust to the school setting and to acquire skills like literacy and numeracy. (shrink)

This article compares the material pollution of life's elementary resources, i.e., water, soil, and air, with the semiotic pollution of the elementary resources of sign-processes, i.e., channel, sign-matter, and message; code, signifier, and signified; as well as context, sender, and recipient. It is claimed that semiotic pollution interferes with sign-processes as much as material pollution interferes with the fundamental processes of life; both types of pollution are similar in that they produce stress for human beings in current societies. It is (...) argued that semiotics is able to provide the conceptual tools necessary to develop policies that can reduce semiotic pollution. As is shown, however, additional research is required to operationalize and metricize generalized concepts of semiotic pollutionsuch as "channel-related", "semiosis-related", and "situation-related noise". (shrink)

Recent data indicate that under a specific posthypnotic suggestion to circumvent reading, highly suggestible subjects successfully eliminated the Stroop interference effect. The present study examined whether an optical explanation could account for this finding. Using cyclopentolate hydrochloride eye drops to pharmacologically prevent visual accommodation in all subjects, behavioral Stroop data were collected from six highly hypnotizables and six less suggestibles using an optical setup that guaranteed either sharply focused or blurred vision. The highly suggestibles performed the Stroop task when naturally (...) vigilant, under posthypnotic suggestion not to read, and while visually blurred; the less suggestibles ran naturally vigilant, while looking away, and while visually blurred. Although visual accommodation was precluded for all subjects, posthypnotic suggestion effectively eliminated Stroop interference and was comparable to looking away in controls. These data strengthen the view that Stroop interference is neither robust nor inevitable and support the hypothesis that posthypnotic suggestion may exert a top-down influence on neural processing. (shrink)

Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy (...) agreements—only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential. (shrink)

This study examines the values of American managers over time. Responses from a nationwide sample of managers are compared and contrasted with two previous surveys (1981 and 1991) of similar sample populations. Continuing and new insights are provided into the importance of managerial values on individual and organizational actions and decisions.

Abstract While pragmatism cannot resolve deep normative disagreements, it can, as a technique of judicial reasoning, at once resolve satisfactorily the majority of cases that do not involve such disagreements, while protecting democracy from overweening judicial assertiveness.