Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The (...) policy question that arises is how to improve trade integration among Arab countries through more effective rules of origin. (shrink)

Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full (...) implementation of GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

The original text, written in the language and style of 1909, is almost completely unreadable in 2011. I have taken the liberty of editing it and paraphrasing it for the sake of readability; I have made every effort to preserve the author’s original meaning. Section headings and tables have been added by Prof. Steinhart. Note that Figure 1 is by Adams.

The thesis examines the origins and function of legal theory within the context of the development of early Islamic law. I argue against the depiction of the development of law as a series of compromises between traditionalism and rationalism. Rather, by evading the demands of traditionalism, law evolved into a complex doctrinal entity rooted in the social structures of third-century Abbasid society. This revision of the development of law provides a context to evaluate early works of legal theory. Moreover, in (...) context of my analysis of the development of law, I attempt to explain the emergence of legal theory as an independent discipline and its function within the greater structure of law. (shrink)

Michael Polanyi’s essay “Rules of Rightness” argues that for living beings, both machine-like embodied processes and informal purposeful operations are guided by standards of proper func­tioning. This article traces the origins of rules of rightness back to the concomitant rise of life and purpose in the universe. Thereby the deterministic control of all things by the laws of physics and chemistry is broken. Powered by an independent active principle and guided by three inarticu­late modes of learning, life takes (...) on increasingly complex expressions of purpose in evolutionary history. Along the way, purposeful informal operations make use of and often create contrivances that further the explosive telic growth of life. (shrink)

If we consider Wittgenstein's career as a whole, it appears that he wrote more on the philosophy of logic and mathematics than any other subject. Yet his writings on these subjects have exerted little influence. Indeed, the tide of response to Remarks on the Foundations of Mathematics, which contains the bulk of his latest views of mathematics, has been for the most part overwhelmingly negative. Given his later emphasis on the context-bound character of language, mathematics and logic--where language apparently operates (...) in an maximally precise, clear and general way--represent two of the most difficult cases for Wittgenstein to confront. My thesis aims to defend Wittgenstein from the charges of benighted arrogance traditionally levelled against him. I argue that Wittgenstein's later discussions of mathematics form a central part of a larger philosophical project, internally related to Philosophical Investigations and shaping in specific ways Wittgenstein's reaction to both scepticism and accounts of the nature of logical and mathematical truth. I see Wittgenstein criticizing the unreflective use of mathematical tools in philosophy, not offering a competing philosophy of mathematics. ;Too few of Wittgenstein's readers have been willing to offer detailed exegesis of his writing . This has made it difficult to understand how the aphoristic style of his late writing bears on the philosophical problems being discussed. On my view, the quality of Wittgenstein's writing is intrinsic to his later conception of the nature of logic, mathematics and philosophy. Line by line engagement with his texts is thus imperative in order to achieve an understanding of his philosophical objectives and criticisms. My dissertation offers as a paradigm of such reading a detailed exegesis and criticism of the opening five sections of Remarks on the Foundations of Mathematics. ;I briefly explore in some detail the origin and genesis of Wittgenstein's interest in rule-following, from its roots in the Tractatus's conception of logical syntax. This background illuminates Wittgenstein's later conception of logical truth and his criticisms of Frege's and Russell's arguments for logicism. To explore these criticisms, I focus on Wittgenstein' s discussions of the Frege-Russell definition of "Number" in "logical" terms. Placed in their appropriate philosophical and historical context, Wittgenstein's seemingly outrageous remarks about the nature of proof, mathematical logic and the foundations of mathematics do not simply betray his ignorance. Nor do they commit him to a revisionist attitude toward mathematical practice. Rather, they raise fundamental questions about the philosophical presuppositions lying behind attempts to bring particular mathematical results to bear in philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Eleven brothers and sisters followed me in quick succession and the old farm house was bursting at the seams. So Mom and Dad put on a new dining room. Somehow it didn’t fit. It was built differently than the rest of the house. It was out of place, like a new patch on an old shirt. Some parts of the Later Rule of Saint Francis just don’t fit either. (...) They are “patches,” sewed on afterwards. Those little “patches” on the Later Rule stand out and they tell an important story.In 1221 Saint Francis re-edited the legislation of the Order. At the end of the twenty-four chapters of the new edition of the Rule, he commanded that “on behalf of Almighty God and of the Lord Pope, and by obedience ... that no one delete or add to what has been written in this life” . He would do everything possible to avoid changes, but just a couple of years later there was yet a newer edition of the Rule, which we know as the Later Rule. In his Testament, Francis does not distinguish between these two or, in fact, any of the different stages of the development of the Rule. In spite of the changes, even changes that were not to be expected, it seems that for Francis the Rule is one and the same at whatever stage.The Later Rule consists of twelve chapters. The chapters are not enumerated in the two original manuscripts, but rather are simply distinguished by headings set off from the rest of the text by bold lettering.2 The titles give us the theme of each chapter. It will become obvious to us that the number twelve was intentional and limiting, when we examine the Rule’s “patches” and see that they bring extraneous materials into the twelve chapters of the Rule. By “extraneous” I mean that the materials of the “patches” neither pertain to the principal theme of the chapter of the Later Rule into which they are inserted nor are they drawn from the corresponding chapter of the Earlier Rule. The “patches” do not make a good fit with the chapters in which we find them, but they do have two consistent characteristics: each of them comes at the end of its chapter in the Later Rule and, except for the last of the four patches, each of them includes materials from different chapters of the Earlier Rule. The “patches” we will examine are Chapter III, 10–13; Chapter VI, 7–9; Chapter X, 7–10, and Chapter XII, 3–4. The “patches” shed light on claims that Francis was forced to omit from the Rule ideas that were important to him, and even the myth that the whole original copy of the Rule was intentionally lost. They bring us to the conclusion that nothing important was lost in the transition from the Earlier Rule to the Later Rule.Chapter III, 10–13Chapter three of the Later Rule carries the heading, “The Divine Office, Fasting, and how the Brothers should go about in the World.” Chapter three of the Earlier Rule had also dealt with the divine office and fasting. The earlier text had begun with the saying of the Gospel that some evil spirits could only be driven out “through prayer and fasting” . This Gospel phrase explains why the Later Rule, following the Earlier Rule, deals with prayer and fasting in the same chapter. With respect to the Earlier Rule, Francis has included new content in the corresponding chapter of Later Rule. It is material that goes beyond the themes of prayer and fasting, and it doesn’t mesh neatly with these two themes.Chapter three of the Earlier Rule ends saying, “However, at other times, according to this life, let them not be.. (shrink)

Original and cumulative prospect theory differ in the composition rule used to combine the probability weighting function and the value function. We test the predictive power of these composition rules by performing a novel out-of-sample prediction test. We apply estimates of prospect theory’s weighting and value function obtained from two-outcome cash equivalents, a domain where original and cumulative prospect theory coincide, to three-outcome cash equivalents, a domain where the composition rules of the two theories differ. Although both forms (...) of prospect theory predict three-outcome cash equivalents very well, at the aggregate level, we find small but systematic under-prediction of cash equivalents for cumulative prospect theory and small but systematic over-prediction of cash equivalents for original prospect theory. We also observe substantial heterogeneity across subjects and types of gambles, some of which is accounted for by differences in the curvature and elevation of the weighting function across individuals. We also find differences in prediction related to whether the worst outcome is zero or non-zero. (shrink)

Knafo and Teschke’s provocative essay ‘Political Marxism and the Rules of Reproduction of Capitalism’ has prompted considerable debate. From a position of critical support, the present article intervenes in this debate by making three interrelated points. First, the structuralist–historicist divide that Knafo and Teschke identify is misleading and should be reformulated. Though the duality is real, this divide is best understood as a continuum between two kinds of historicism: a structural and an institutional historicism. Second, the article contextualises Knafo (...) and Teschke’s intervention against the backdrop of their own intellectual development. Rather than returning to the tradition’s historicist origins, they have in fact stretched Political Marxism’s institutional tendencies to new limits. Third, the article concludes with a revision of their critique of the concept of market dependence. It is argued that the concept can be salvaged for the purposes of institutional historicism provided that it is rearticulated. (shrink)

How can liberty be implemented through state institutions? And what kind of liberty are we thinking about in the contemporary world, since this concept is generally acknowledged as ambiguous? In order to understand the modern state as a rule of liberty, one must investigate the essence of liberty itself. It is widely known that liberty can be viewed in many ways, but what kind of liberty can govern the contemporary political order? Among the philosophers who have examined authority from the (...) point of view of liberty is Benjamin Constant, who has distinguished liberty understood as personal security from liberty recognized as participation in political life, and who has likewise stressed that these two understandings of liberty are complementary. Another widely known vision of freedom is the division of liberty into negative and positive; the latter, in Berlin’s original understanding of the term, remains unclear. Such doubts however do not apply to the negative concept of liberty, as Berlin called it, or its equivalent in Constant’s understanding of liberty understood as personal security. Both authors concur that this understanding of liberty is fundamental, and should above all find its expression in contemporary state institutions. In order to reveal the logic of liberty thus understood, we must turn to its very roots; that is, to Thomas Hobbes’s concept of liberty. For it is Hobbes who first precisely defined that understanding of liberty, and who first consciously engaged in designing a state based from start to finish on the liberty of the individual. (shrink)

One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be (...) done in a community and so on - without supposing that it is at bottom regulated by what he called the secondary rules of recognition, change and adjudication. Given this incontrovertible demonstration that every legal system must contain rules constituting its foundation, it might seem puzzling that many philosophers have contested Hart's view. In particular, they have objected to his claim that every legal system contains a rule of recognition. More surprisingly, these critiques span different jurisprudential schools. Positivists such as Joseph Raz, as well as natural lawyers such as Ronald Dworkin and John Finnis, have been among Hart's most vocal critics. In this essay, I would like to examine the opposition to the rule of recognition. What is objectionable about Hart's doctrine? Why deny that every legal system necessarily contains a rule setting out the criteria of legal validity? And are these objections convincing? Does the rule of recognition actually exist? This essay has five parts. In Part One, I try to state Hart's doctrine of the rule of recognition with some precision. As we will see, this task is not simple, insofar as Hart's position on this crucial topic is often frustratingly unclear. I also explore in this part whether the United States Constitution, or any of its provisions, can be considered the Hartian rule of recognition for the United States legal system. In Part Two, I attempt to detail the many roles that the rule of recognition plays within Hart's theory of law. In addition to the function that Hart explicitly assigned to it, namely, the resolution of normative uncertainty within a community, I argue that the rule of recognition, and the secondary rules more generally, also account for the law's dexterity, efficiency, normativity, continuity, persistence, supremacy, independence, identity, validity, content and existence. In Part Three, I examine three important challenges to Hart's doctrine of the rule of recognition. They are: 1) Hart's rule of recognition is under- and over-inclusive; 2) Hart cannot explain how social practices are capable of generating rules that confer powers and impose duties and hence cannot account for the normativity of law; 3) Hart cannot explain how disagreements about the criteria of legal validity that occur within actual legal systems, such as in American law, are possible. In Parts Four and Five, I address these various objections. I argue that although Hart's particular account of the rule of recognition is flawed and should be rejected, a related notion can be fashioned and should be substituted in its place. The idea, roughly, is to treat the rule of recognition as a shared plan which sets out the constitutional order of a legal system. As I try to show, understanding the rule of recognition in this new way allows the legal positivist to overcome the challenges lodged against Hart's version while still retaining the power of the original idea. (shrink)

Rules of thumb are simple instructions, used to guide actions toward a specific result, without need of advanced knowledge. Knowing adequate rules of thumb is a common form of technological knowledge. It differs both from science-based and intuitive (or tacit) technological knowledge, although it may have its origin in experience, scientific knowledge, trial and error, or a combination thereof. One of the major advantages of rules of thumb is the ease with which they can be learned. (...) One of their major disadvantages is that they cannot easily be adjusted to new situations or conditions. (shrink)

This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

In this article I examine the view, common amongst several contemporary legal positivists, that rules of recognition are to be understood as conventional rules of some kind. The article opens with a discussion of H.L.A. Hart's original account of the rule of recognition in the 1st edn of The Concept of Law and argues that Hart did not view the rule of recognition as a conventional rule in that account. I then discuss Hart's apparent turn towards a conventionalist (...) understanding of the rule of recognition in the ‘Postscript’ to the 2nd edn of The Concept of Law, and attempt to cast doubt on the strength of Hart's commitment to such a turn, and on the reasons prompting him to make it. Finally, I consider one of the most interesting contemporary conventionalist accounts of rules of recognition, namely Andrei Marmor's view that such rules should be understood as the constitutive conventions of partly autonomous social practices. My aim in this part of the article is to compare Marmor's account with my earlier interpretation of Hart's views, and to consider whether Marmor's account truly is conventionalist in character and whether it provides us with a persuasive conventionalist understanding of rules of recognition. (shrink)

The relationship between nationalism and the rule of law has been largely neglected by scholars although separately they have often captured public discourse and have emerged as critical concepts. This book provides the first systematic account of this relationship. It develops an analytical framework for understanding the interactions of nationalism and the rule of law by focusing on the domains of citizenship, transitional justice and international justice. The book engages these insights further in a detailed empirical analysis of three case (...) studies from the former Yugoslavia. The author argues that while the tensions and contradictions between nationalism and the rule of law have become more apparent in the post-Cold War era, they can also be harnessed for productive purposes. In exploring the role of law in managing and transforming nationalism, the book emphasises the deliberative character of legal processes and offers an original perspective on the power of international law to reshape public discourse, politics, and legal orders. (shrink)

In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

The view (most prominently advocated by Justice Scalia) that original meaning entails the constitutionality of original practices has strong intuitive appeal and has been broadly assumed by originalists and nonoriginalists alike. But the position is mistaken. We suggest that a failure to distinguish between two different notions of meaning accounts for the position's wide currency. According to the first notion, the meaning of a term is roughly what a dictionary definition attempts to convey--the semantic or linguistic understanding necessary to use (...) the term, as opposed to nonlinguistic facts about the objects or activities to which the term applies. In contrast, according to the second, looser notion, the meaning of a term incorporates the objects or activities to which the term is applied. The first notion lies behind originalism's theoretical force; it is untenable that the meaning of the Constitution in the first sense could evolve. In sharp contrast, it is not only tenable but inevitable that changes occur over time in the class of things to which a constitutional provision is applied. Once recognized, the distinction undermines the seemingly natural move from the necessity of interpreting the Constitution in accordance with how it was originally understood to the necessity of upholding practices originally understood to be constitutional. By taking the distinction on board and rejecting the assumption, originalism can readily deflect the challenges based on unacceptable original practices; as a consequence, however, it will not be tenable for originalism, in any case challenging an original practice, simply to rule out the possibility of the practice's invalidity. (shrink)

Marxism has often been associated with two different legacies. The first rests on a strong exposition and critique of the logic of capitalism, grounded in a systematic analysis of the laws of motion of capitalism as a system. The second legacy refers to a strong historicist perspective grounded in a conception of social relations that emphasises the centrality of power and social conflict to the analysis of history. This article challenges the prominence of structural accounts of capitalism by showing how (...) the tension between these legacies has played out within Political Marxism, both orientations already having co-existed, somewhat uneasily, within Robert Brenner’s original contributions to the Transition Debate. Through this internal critique and re-formulation of Political Marxism, we wish to open a broader debate within Marxism on the need for a more agency-based account of capitalism, which builds more explicitly on the concept of social relations, to recover the historicist legacy of Marxism. (shrink)

This paper tests a novel implication of the original version of prospect theory (Kahneman and Tversky, 1979): that choices may systematically violate transitivity. Some have interpreted this implication as a weakness, viewing it as an anomaly generated by the ‘editing phase’ of prospect theory which can be rendered redundant by an appropriate re-specification of the preference function. Although there is some existing evidence that transitivity fails descriptively, the particular form of non-transitivity implied by prospect theory is quite distinctive and hence (...) presents an ideal opportunity to expose that theory to test. An experiment is reported which reveals strong evidence of the predicted intransitivity. It is argued that the existence of this new form of non-transitive behaviour presents a fresh theoretical challenge to those seeking descriptively adequate theories of choice behaviour, and a particular challenge to those who seek explanations within the conventional economic paradigm of utility maximisation. (shrink)

It can seem obvious that we live in a world governed by laws of nature, yet it was not until the seventeenth century that the concept of a law came to the fore. Ever since, it has been attended by controversy: what does it mean to say that Boyle's law governs the expansion of a gas, or that the planets obey the law of gravity? Laws are rules that permit calculations and predictions. What does the universe have to be (...) like, if it is to play by them? This book sorts the most prominent answers into three families. Laws first arose in a theological context; they govern events only because God enforces them. Those wishing to reverse the order of explanation, and argue that the powers of objects fix the laws, struggled to claim for themselves the results of new science. The stand-off between these two families bred a third which rejects any kind of enforcer for the laws. On this view, laws summarize events; they do not govern anything. This book traces the fortunes of the three families, from their origins to the present day. It uses objections - and the revisions needed to answer them - to produce the best representative of each. Along the way, it tries to settle the rules of this game, the debate over laws of nature. What should we expect from an account of laws? The book aims to help readers develop their own desiderata and judge the merits of the competing positions. (shrink)

This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

'Samuel Beckett and Contemporary French Philosophy' explores the productive relationship between literature and philosophy, tracing the key ideas that inform Beckett's work and the ways in which these ideas are central to the French philosophy that developed in Beckett's wake. Forged within a similar cultural nexus both writer and philosophers pursue questions of epistemology and ontology within an exploration of the nature and function of language. Reacting against the rule-bound parameters of conceptual frameworks such as empiricism and structuralism, the chapter (...) argues that both Beckett and key French philosophers such as Lyotard, Derrida, Deleuze and Blanchot seek to establish an understanding of subjectivity that takes into consideration the somatic and the contingent within the context of writing. (shrink)

We report results from two original surveys of 500 firms conducted in 2000 and 2007 in eight regions in Russia that explore the business environment for manufacturing and service sector firms. We find that the formal and informal rules of the game for everyday firms in Russia have changed dramatically in the Putin years. Most importantly, while the informal and formal rules of the game in 2000 were quite similar for firms that were investing and those that were (...) not, in 2007 regional governments had come to favor the former through a variety of informal and formal means. This shift in the rules of the game in favor of firms that invest suggests that a core group of firms in the regions under study have managed to cooperate with the regional government to temper the weak institutional environment in Russia, but also that the playing field for businesses in Russia is not level. (shrink)

Charles Sanders Peirce’s first rule of logic (EP 2.48, 1898) identifies the inception point of human inquiry. Taking a closer look at this principle, we find at its core a necessary relationship between emptiness and desire that underlies all genuine instances of human learning and adaptation. This composite relationship plays a critical role in the function or failure of learning but has received scant attention in the literature. As a result, the complexities of the first rule of logic are not (...) well understood, often being mistakenly conflated with the rule’s famous corollary, ‘do not block the way of inquiry’, or passed over with cursory definitions, including ‘wonder’, ‘doubt’ and ‘the will to learn’. Following a background discussion highlighting the nature of reflexive inquiry and fallibilism that situate human consciousness both within and beyond animal being, I draw on multiple layers of evidence from a range of disciplines to better reveal the complex dynamics intrinsic to the first rule of logic. These layers include a closer reading and exegesis of the original passage and surrounding text; a semiotic reanalysis of this reading in light of recent advances in the semiotic theory of learning; a resituation of these distinctions within broader contemporary discussions of emptiness ontology to which I contribute in part via an original semantic/rhetorical analysis of a linguistic construction in Laozi; the introduction of a closely related pedagogical tool under development in the context of my own university-level teaching in ethnography and research methods; and the dialogic situation of this diagram within discourses of psychotherapy, philosophy and literature. Building on these principles and distinctions, the paper closes with a perspective shift on obstacles and desire in human learning and an expanded reformulation of the first rule of logic. (shrink)

The present work examines the role of persuasive lexicon in legal discourse through the analysis of emotional devices at a lexical and rhetorical level. Our preliminary premise is that emotion is deployed by experts to convey the sentiment of shared values and epistemic trust: the need to rely on the tenets of the law as fair and conducive to the common good. The corpus of our study is constituted by the conclusions in their original Spanish, and their translation into English, (...) by the Advocate General Manuel Campos on the challenge by Hungary and Poland of the regulation establishing a “conditionality regime” in the event of a rule-of-law breach in a EU Member State. To this end, we undertake a two-pronged analysis of legal persuasion to find out what emotional devices are deployed to convey the rule-of-law principles of justice, non-discrimination, equality and solidarity. At a first stage, we concentrate upon the polarity and intensity of emotion words and their categories. Emotional implicatures in the shape of legal technolects and metaphorical ontologies and the way they are deployed in each text constitutes the second part of our study. Among our conclusions are that both the original and target texts have a strong persuasive character, mainly grounded in the negative emotion of fear and the positive emotion of trust, and that there are variances in the emotional language deployed in either version due to the different mechanics of each law system and to functional differences between English and Spanish. (shrink)

Hans Reichenbach made a bold and original attempt to ‘vindicate’ induction. He proposed a rule, the ‘straight rule’ of induction, which would guarantee inductive success if any rule of induction would. A central problem facing his attempt to vindicate the straight rule is that too many other rules are just as good as the straight rule if our only constraint on what counts as ‘success’ for an inductive rule is that it is ‘asymptotic’, i.e. that it converges in the (...) limit to the true limiting frequency (of some type of outcome O in a sequence of events) whenever such a limiting frequency exists. In this paper I consider the consequences of requiring speed-optimality of asymptotic methods, that is, requiring that inductive methods must get to the truth as quickly as possible. Two main results are proved: (1) the straight rule is speed-optimal; (2) there are (uncountably) many non-speed-optimal asymptotic methods. A further result gives a sufficient but not necessary condition for speed-optimality among asymptotic methods. Some consequences and open questions are then discussed. (shrink)

At the heart of two recent theological traditions are hermeneutical principles which are not only consistent but are integrated in the hermeneutics of Augustine. According to the doctrine of biblical inerrancy as it has been recently articulated by Evangelicals, Scripture has an original meaning, and that meaning is not open to the possibility of error. According to some thinkers in postmodern theology, including Jean-Luc Marion, the meaning of Scripture transcends its original meaning. After examining postmodernism and inerrancy, I consider their (...) harmony in the writings of Augustine, who takes original meaning as a guide for understanding that biblical meaning which transcends it. An Augustinian hermeneutic consistent with inerrancy is thus an alternative to the more typical non-inerrantist postmodern theologies. (shrink)

Simon Blackburn puts forward a compelling original philosophy of human motivation and morality. He maintains that we cannot get clear about ethics until we get clear about human nature. So these are the sorts of questions he addresses: Why do we behave as we do? Can we improve? Is our ethics at war with our passions, or is it an upshot of those passions? Blackburn seeks the answers in an exploration of guilt, shame, disgust, and other moral emotions; he draws (...) also on game theory and cognitive science in his account of the structures of human motivation. Many philosophers have wanted a naturalistic ethics a theory that integrates our understanding of human morality with the rest of our understanding of the world we live in. What is special about Blackburn's naturalistic ethics is that it does not debunk the ethical by reducing it to the non-ethical. At the same time he banishes the spectres of scepticism and relativism that have haunted recent moral philosophy. Ruling Passions sets ethics in the context of human nature: it offers a solution to the puzzle of how ethics can maintain its authority even though it is rooted in the very emotions and motivations that it exists to control. (shrink)

Researchers encounter challenges that require making complex professional decisions. Strategies such as seeking help and anticipating consequences support decision-making in these situations. Existing evidence on a measure of professional decision-making in research that assesses the use of decision-making strategies revealed that NIH-funded researchers born outside of the U.S. tended to score below their U.S. counterparts. To examine potential explanations for this association, this study recruited 101 researchers born in the United States and 102 born internationally to complete the PDR and (...) measures of basic personal values, values in scientific work, discrimination between the seriousness of rules in research, exposure to unprofessional research practices, and acculturation to American culture. Several variables were associated with PDR scores—discrimination between types of rules in research, exposure to unprofessional research practices, acculturation, and the basic personal values of power, security, and benevolence. However, only security, benevolence, acculturation, and rule discrimination were also associated with nation of origin. In multivariate models, the variance explained by these variables in accounting for the association of nation of origin and PDR scores was somewhat overlapping, thus, only security and benevolence remained as unique, statistically significant predictors. Thus, this study identified some important variables in the association of nation of origin and PDR, but more research is needed. In a secondary analysis to examine the “clinical significance” of scores on the PDR, this study examined aggregated PDR score data from the present sample and past samples of investigators. This analysis identified scores that may suggest a concern versus those scores that may be interpreted as excellent, proficient, or marginal. Implications for training and mentoring, along with considerations for future research are discussed. (shrink)

Severe acute respiratory syndrome‐coronavirus (SARS‐CoV)‐2′s origin is still controversial. Genomic analyses show SARS‐CoV‐2 likely to be chimeric, most of its sequence closest to bat CoV RaTG13, whereas its receptor binding domain (RBD) is almost identical to that of a pangolin CoV. Chimeric viruses can arise via natural recombination or human intervention. The furin cleavage site in the spike protein of SARS‐CoV‐2 confers to the virus the ability to cross species and tissue barriers, but was previously unseen in other SARS‐like (...) CoVs. Might genetic manipulations have been performed in order to evaluate pangolins as possible intermediate hosts for bat‐derived CoVs that were originally unable to bind to human receptors? Both cleavage site and specific RBD could result from site‐directed mutagenesis, a procedure that does not leave a trace. Considering the devastating impact of SARS‐CoV‐2 and importance of preventing future pandemics, researchers have a responsibility to carry out a thorough analysis of all possible SARS‐CoV‐2 origins. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam by Larry Benjamin MillerKhaled El-RouayhebLarry Benjamin Miller. Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam. Logic, Argumentation and Reasoning 21. Cham: Springer 2020. Pp. xviii + 143. Hardback, €77.99.Very few unpublished PhD dissertations have had a formative influence on a field. One of the precious few is Larry Miller's Princeton (...) dissertation from 1984 on Islamic disputation theory. It proposed an original and compelling account of the development of the discipline, from the earliest extant Arabic works in the tenth century to the composition of classic madrasa handbooks in the late thirteenth century. It has been cited regularly in the past decades and has served as the starting point for all later studies of Arabic/Islamic dialectics in European languages. The fact that it has finally been published is a fitting tribute to a study that is even more admirable for having been written when many of the primary sources were still only available as manuscripts.Part of the explanation for why the dissertation was not published sooner may be that its author did not pursue an academic career. And as he states in a short preface, he has not kept abreast of all relevant studies and editions that have appeared since his dissertation. A thorough revision and update has therefore not been possible. Though some minor corrections and revisions have been made, the book is still by and large the influential 1984 dissertation, now made available with a short introduction by Walter Young, one of the leading younger scholars in the field, along with helpful indices of proper names and subjects.Miller's narrative begins with Arabic works on disputation (jadal) by a number of theologians from the late ninth and tenth centuries, such as Ibn al-Rāwandī (d. 911), [End Page 518] al-Ash'arī (d. 935), and the Karaite Jewish scholar al-Qirqisānī (d. ca. 960). The basic assumption was that a questioner (sā'il) would ask a claimant (mu'allil) (i) what his view is; (ii) what the ground or reason ('illa) for that view is; (iii) the appropriateness of the ground/reason for the view; and (iv) to verify the ground/reason by showing it to be commensurate with the view. The ground/reason for the theological dialecticians was standardly an entity or property, not a premise. The reasoning tended to be informal and analogical, as opposed to explicitly making syllogistic deductions from quantified premises.Parallel to this theological tradition of jadal, there was an Arabic Aristotelian tradition that took its point of departure from Aristotle's Topics, translated into Arabic more than once in the period from the late eighth to the early tenth centuries. Though also often referred to as jadal, this tradition, represented by the writings of al-Farabi (d. 950), Avicenna (d. 1037), and Averroes (d. 1198), retained distinct features. It tended to deny any epistemic value to dialectics, instead seeing it as useful only insofar as it provided logical training. For the Aristotelian/Neoplatonic philosophers, the pursuit of truth was the preserve of demonstrative syllogism (burhān). Whereas the theological dialecticians envisaged a claimant (mu'allil) and a questioner (sā'il), with the burden of proof on the former, the philosophical tradition had a questioner (sā'il) seek, in the manner of Socratic elenchus, to elicit from a respondent (mujῑb) a series of answers that would allow the construction of a syllogism whose conclusion contradicted the respondent's initial position.From the time of al-Ghazali (d. 1111), Islamic theologians tended to take over the syllogistic ideal of reasoning from the philosophers, perhaps explaining why theological writings on jadal trail off after the eleventh century. The informal, analogical jadal tradition continued, however, in the writings of Islamic jurists. From the eleventh century, scholars such as Abū Isḥāq al-Shīrāzī (d. 1083) and al-Juwaynī (d. 1085) wrote works on jadal in which the examples are disputes about questions of Islamic law and the disputants are partisans of the various legal schools. This tradition of what Miller calls "juristic dialectics" (74, 95) later adopted some... (shrink)

Jesus of Nazareth, like Socrates, left nothing behind written by himself. Yet, the records of his teaching indicate a rich interest in dialogic pedagogy, reflected in his use of the parable, primarily an oral genre, as a dialogic provocation. Working at the interface of pedagogy, theology and philosophy, this article explores the parable of the Good Samaritan from the perspective of dialogic pedagogy. It employs an analytical approach termed diacognition, developed from the notions of dialogue, position and cognition, to analyse (...) the moves within the parable and the teaching situation in which it is located. The article explores how Jesus engages the dialogue of and around the parable to position and reposition his interlocutor, provoking a re-cognition of what it means to love one’s neighbour. It concludes by reflecting on the implications of this analysis for the relation of meaning to knowing and doing. (shrink)

In Blockchain Democracy, William Magnuson provides a breathtaking tour of the world of blockchain and bitcoin, from their origins in the online scribblings of a shadowy figure named Satoshi Nakamoto, to their furious rise and dramatic crash in the 2010s, to their ignominious connections to the dark web and online crime. Magnuson argues that blockchain's popularity stands as a testament both to the depth of distrust of government today, and also to the fervent and undying belief that technology and the (...) world of cyberspace can provide an answer. He demonstrates how blockchain's failings provide broader lessons about what happens when technology runs up against the stubborn realities of law, markets, and human nature. This book should be read by anyone interested in understanding how technology is changing our democracy, and how democracy is changing our technology. (shrink)

I develop the decision-theoretic approach to quantum probability, originally proposed by David Deutsch, into a mathematically rigorous proof of the Born rule in (Everett-interpreted) quantum mechanics. I sketch the argument informally, then prove it formally, and lastly consider a number of proposed ``counter-examples'' to show exactly which premises of the argument they violate. (This is a preliminary version of a chapter to appear --- under the title ``How to prove the Born Rule'' --- in Saunders, Barrett, Kent and Wallace, "Many (...) worlds? Everett, quantum theory and reality", forthcoming from Oxford University Press.). (shrink)

"Descartes is rightly considered the father of modern philosophy" - Schopenhauer "The effect of this man on his age and the new age cannot be imagined broadly enough... René Descartes is indeed the true beginner of modern philosophy, insofar as it makes thinking the principle. "- Hegel "Descartes was the first to bring to light the idea of a transcendental science, which is to contain a system of knowledge of the conditions of possibility of all knowledge." - Kant A new (...) 2023 translation directly from the original manuscripts into English of Descartes' famous work "Rules for the Direction of the Mind" (Règles pour la direction de l'esprit). This edition contains a new introduction and afterword from the translator, as well as a timeline of Descartes' life and summaries of each of his works. Here, Descartes lays out a method for approaching problems and seeking knowledge. The importance of this work lies in the fact that it established the scientific method as a way of investigating the world, and had a significant influence on the development of modern science. This work is one of the foundational texts of Western Philosophy. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR in its proper context (...) as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)