The Last Gift is an observational HIV cure-related research study conducted with people with HIV at the end of life (EOL) at the University of California San Diego. Participants agree to voluntarily donate blood and other biospecimens while living and their bodies for a rapid research autopsy postmortem to better understand HIV reservoir dynamics throughout the entire body. The Last Gift study was initiated in 2017. Since then, 30 volunteers were enrolled who are either (1) terminally ill with a concomitant (...) condition and have a prognosis of 6 months or less or (2) chronically ill with multiple comorbidities and nearing the EOL.Multiple ethical and logistical challenges have been revealed during this time; here, we share our lessons learnt and ethical analysis. Issues relevant to healthcare research include surrogate informed consent, personal and professional boundaries, challenges posed conducting research in a pandemic, and clinician burnout and emotional support. Issues more specific to EOL and postmortem research include dual roles of clinical care and research teams, communication between research personnel and clinical teams, legally required versus rapid research autopsy, identification of next of kin/loved ones and issues of inclusion. Issues specific to the Last Gift include logistics of body donation and rapid research autopsy, and disposition of the body as a study benefit.We recommend EOL research teams to have clear provisions around surrogate informed consent, rotate personnel to maintain boundaries, limit direct contact with staff associated with clinical care and have a clear plan for legally required versus research autopsies, among other recommendations. (shrink)

This article is part of a For-Discussion-Section of Methods of Information in Medicine about the paper "Biomedical Informatics: We Are What We Publish", written by Peter L. Elkin, Steven H. Brown, and Graham Wright. It is introduced by an editorial. This article contains the combined commentaries invited to independently comment on the Elkin et al. paper. In subsequent issues the discussion can continue through letters to the editor.

Social and regional inequality remained of secondary importance in the 2017 House of Representatives election, especially in comparison to national security and constitutional reform. Still, the election victory of the coalition between the Liberal Democratic Party (LDP) and Kōmeitō was also due to its ability to shape the debate concerning Japan’s political-economic model of growth and inequality. Abenomics and regional revitalization were the dominating policies, which opposition parties criticized without having a real counter-model. A more detailed analysis shows, however, that (...) Abenomics has not yet fulfilled its promise of shared growth, and that the governing coalition’s discursive control over the political-economic agenda has significantly weakened. This creates opportunities for opposition parties in the future. (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This book's importance is derived from three sources: careful conceptualization of teacher induction from historical, methodological, and international perspectives; systematic reviews of research literature relevant to various aspects of teacher induction including its social, cultural, and political contexts, program components and forms, and the range of its effects; substantial empirical studies on the important issues of teacher induction with different kinds of methodologies that exemplify future directions and approaches to the research in teacher induction.

The arts of rule cover the exercise of power by princes and popular sovereigns, but they range beyond the domain of government itself, extending to civil associations, political parties, and religious institutions. Making full use of political philosophy from a range of backgrounds, this festschrift for Harvey Mansfield recognizes that although the arts of rule are comprehensive, the best government is a limited one.

Aworkshop was held August 26–28, 2015, by the Earth- Life Science Institute (ELSI) Origins Network (EON, see Appendix I) at the Tokyo Institute of Technology. This meeting gathered a diverse group of around 40 scholars researching the origins of life (OoL) from various perspectives with the intent to find common ground, identify key questions and investigations for progress, and guide EON by suggesting a roadmap of activities. Specific challenges that the attendees were encouraged to address included the following: What key (...) questions, ideas, and investigations should the OoL research community address in the near and long term? How can this community better organize itself and prioritize its efforts? What roles can particular subfields play, and what can ELSI and EON do to facilitate research progress? (See also Appendix II.) The present document is a product of that workshop; a white paper that serves as a record of the discussion that took place and a guide and stimulus to the solution of the most urgent and important issues in the study of the OoL. This paper is not intended to be comprehensive or a balanced representation of the opinions of the entire OoL research community. It is intended to present a number of important position statements that contain many aspirational goals and suggestions as to how progress can be made in understanding the OoL. The key role played in the field by current societies and recurring meetings over the past many decades is fully acknowledged, including the International Society for the Study of the Origin of Life (ISSOL) and its official journal Origins of Life and Evolution of Biospheres, as well as the International Society for Artificial Life (ISAL). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The State by Philip PETTITSteven B. SmithPETTIT, Philip. The State. Princeton, N.J.: Princeton University Press, 2023. 376 pp. Cloth, $39.95The dust-jacket of this book announces a bold claim: “The future of our species depends on the state.” Ever since the Treaty of Westphalia, the state has been regarded as the basic unit of political legitimacy, and yet the state has never ceased to have its critics. From the (...) left, the state has been regarded as failing to realize a normatively appealing ideal of justice that, it is believed, can be achieved only in some form of post-sovereign organization. From the right, the state has been seen as an agent of collectivization that threatens individual liberty and the right to property. Philip Pettit hopes to deflect both of these [End Page 159] complaints in his defense of the state as the indispensable political institution.This is a big and complex book that defies easy summary. Its core attempts to define the nature and limits of the “modern state” even if the term modern and how this differs from other alternative forms of political association is never explored. On Pettit’s realist account, the state will acquire legitimacy, not by holding it to rigorous standards of justice, but if it is able to achieve a rough balance of power between rulers and ruled. This standard does not require equality between the rulers and the ruled or even among the ruled themselves, but it does presuppose the value of stability that is a necessary requisite for any desirable polity. Pettit is, after all, the author of a book on Hobbes, and The State may be seen as an attempt to adapt and update Leviathan.Like Hobbes, Pettit insists that the attainment of political order is a precondition for any possibility of justice. Reversing Rawls’s famous dictum, it is order, not justice, that is the first virtue of social institutions. The author insists that the “functional polity” may fall well short of absolute justice, but this is because the state is related to justice in the way that prudence is related to morality. I wish this point had been more fully developed. It suggests a sphere of political ethics that stands somewhere between Machiavellian power politics and Kantian ideal theory. It suggests that politics requires a degree of prudential flexibility and latitude that cannot be reduced to norms or laws. But how prudence is related to justice, Pettit tantalizingly holds open for another book.The state that Pettit endorses sounds above all like the modern liberal state. The state will serve its ends when it provides for the rule of law that gives each citizen the freedom to act with impunity under legal protection. Sounding like Montesquieu’s famous definition of liberty as “that tranquility of spirit which comes from the opinion each one has of his security,” Pettit suggests that “the fully functional state should give each citizen a reliable, determinate zone of legal security, however limited it may be, within which they can decide on how they want to live their lives.” Isaiah Berlin could not have said it better.The book is divided into two large sections. The first deals with what might be called the metatheory of the state focusing on the rule of law, individual and corporate agency, and a theory of “decentralized” sovereignty. The second part deals with the functions of the state proper. These include the collective power of the people to challenge the sovereign—the best part of the book in my opinion—a defense of individual rights, and the ability of the state to intervene in the economy. Each of these claims, I expect, will give rise to heated debate, but I cannot develop them here.One of the more striking claims of Pettit’s book is the statement that “there has been little work on the theory of the state in the sense in which we pursue it here.” Much may hinge on the meaning of that last phrase, but as for the first part of the sentence, it is literally head scratching. Pettit acknowledges the importance of Bodin, Hobbes, Locke, Rousseau, and [End... (shrink)

Steven Vogel’s Thinking like a Mall, which continues themes developed in his previous work Against Nature: The Concept of Nature in Critical Theory, is clearly intended to provok...

In response to recent calls to extend the underlying theories used in the literature :375–413, 2005; Craft in J Bus Ethics 117:221–259, 2013), we review the usefulness of social norm theory in empirical business ethics research. We begin by identifying the seeds of social norm theory in Adam Smith’s The Theory of Moral Sentiments, the Glasgow Edition, Oxford University Press, Oxford, 1759/1790) seminal work, The Theory of Moral Sentiments. Next, we introduce recent theory in social norm activation by Bicchieri (...) and compare the new theory to two theoretical frameworks found in the literature: Kohlberg’s Handbook of socialization theory and research, Rand McNally, Chicago, IL, 1969; in: Lickona Moral development and behavior, Holt, Rinehart & Winston, New York, 1976) theory of moral development and Cialdini and Trost’s The handbook of social psychology, Oxford University Press, Boston, 1998) taxonomy of social norms. We argue that the new theory provides useful insights by emphasizing the ability of situational cues and information to generate common expectations for social/moral norms. The theory is particularly useful for empirical research in business ethics because it gives both organizational and individual factors a role in motivating norm-based behavior. To demonstrate this usefulness, we present examples where the theory has been effectively applied in experimental accounting research to generate new insights. We conclude by citing specific examples where the theory may prove useful in empirical business ethics research. (shrink)

Calls for the expansion of ethics education in the business and accounting curricula have resulted in a variety of interventions including additional material on ethical cases, the code of conduct, and the development of new courses devoted to ethical development [Lampe, J.: 1996]. The issue of whether ethics should be taught has been addressed by many authors [see for example: Hanson, K. O.: 1987; Huss, H. F. and D. M. Patterson: 1993; Jones, T. M.: 1988–1989; Kerr, D. S. and L. (...) M. Smith : 1995; Loeb, S. E.: 1988; McDonald, G. M. and G. D. Donleavy: 1995]. The question addressed in this paper is not whether ethics should be taught but whether accounting students can reason more ethically after an intervention based on a discrete and dedicated course on accounting ethics. The findings in this paper indicate that a discrete intervention emphasising dilemma discussion has a positive and significant effect on students’ moral reasoning and development. The data collected from interviews suggest that the salient influences on moral judgement development include: learning theories of ethics particularly Kohlberg’s theory of cognitive moral reasoning and development; peer learning; and moral discourse. The implications from the findings in this study suggest that moral reasoning is responsive to particular types of ethics intervention and educators should carefully plan their attempts to foster moral judgement development. (shrink)

Classics of Political and Moral Philosophy provides in one volume the major writings from nearly 2,500 years of political and moral philosophy. The most comprehensive collection of its kind, it moves from classical thought (Plato, Aristotle, Epicurus, Cicero) through medieval views (Augustine, Aquinas) to modern perspectives (Machiavelli, Hobbes, Spinoza, Locke, Rousseau, Hume, Adam Smith, Kant). It includes major nineteenth-century thinkers (Hegel, Bentham, Mill, Nietzsche) as well as twentieth-century theorists (Rawls, Nozick, Nagel, Foucault, Habermas, Nussbaum). Also included are numerous essays (...) from The Federalist Papers and a variety of notable documents and addresses, among them Pericles' Funeral Oration, the Declaration of Independence, the Constitution of the United States, and speeches by Edmund Burke, Abraham Lincoln, Elizabeth Cady Stanton, John Dewey, and Martin Luther King, Jr. The readings are substantial or complete texts, not fragments. An especially valuable feature of this volume is that the works of each author are introduced with a substantive and engaging essay by a leading contemporary authority. These introductions include Richard Kraut on Plato, Aristotle, Epicurus, and Cicero; Paul J. Weithman on Augustine and Aquinas; Roger D. Masters on Machiavelli; Jean Hampton on Hobbes; Steven B. Smith on Spinoza and Hegel; A. John Simmons on Locke; Joshua Cohen on Rousseau and Rawls; Donald W. Livingston on Hume; Charles L. Griswold, Jr., on Smith; Bernard E. Brown on Hamilton and Madison; Jeremy Waldron on Bentham and Mill; Paul Guyer on Kant; Richard Miller on Marx and Engels; Richard Schacht on Nietzsche; Thomas Christiano on Nozick; John Deigh on Nagel; Thomas A. McCarthy on Foucault and Habermas; and Eva Feder Kittay on Nussbaum. Offering unprecedented breadth of coverage, Classics of Political and Moral Philosophy is an ideal text for courses in social and political philosophy, moral philosophy, or surveys in Western civilization. (shrink)

Ideal for survey courses in social and political philosophy, this volume is a substantially abridged and slightly altered version of Steven M. Cahn's Classics of Political and Moral Philosophy (OUP, 2001). Offering coverage from antiquity to the present, Political Philosophy: The Essential Texts is a historically organized collection of the most significant works from nearly 2,500 years of political philosophy. It moves from classical thought (Plato, Aristotle) through the medieval period (Aquinas) to modern perspectives (Machiavelli, Hobbes, Locke, Rousseau, Hume, (...) Adam Smith, Hamilton and Madison, Kant). The book includes work from major nineteenth-century thinkers (Hegel, Marx and Engels, Mill) and twentieth-century theorists (Rawls, Nozick, Foucault, Habermas, Nussbaum) and also presents a variety of notable documents and addresses, including the Declaration of Independence, the Bill of Rights, and speeches by Abraham Lincoln and Martin Luther King, Jr. The readings are substantial or complete texts, not fragments. An especially valuable feature of this volume is that the works of each author are introduced with an engaging essay by a leading contemporary authority. These introductions include Richard Kraut on Plato and Aristotle; Paul J. Weithman on Aquinas; Roger D. Masters on Machiavelli; Jean Hampton on Hobbes; A. John Simmons on Locke; Joshua Cohen on Rousseau and Rawls; Donald W. Livingston on Hume; Charles L. Griswold, Jr., on Adam Smith; Bernard E. Brown on Hamilton and Madison; Paul Guyer on Kant; Steven B. Smith on Hegel; Richard Miller on Marx and Engels; Jeremy Waldron on Mill; Thomas Christiano on Nozick; Thomas A. McCarthy on Foucault and Habermas; and Eva Feder Kittay on Nussbaum. (shrink)

Classics of Political and Moral Philosophy provides in one volume the major writings from nearly 2,500 years of political and moral philosophy, from Plato through the twentieth century. The most comprehensive collection of its kind, it moves from classical thought through medieval views to modern perspectives. It includes major nineteenth-century thinkers and considerably more twentieth-century theorists than are found in competing volumes. Also included are numerous essays from The Federalist Papers and a variety of notable documents and addresses, among them (...) Pericles' Funeral Oration, The Declaration of Independence, The Constitution of the United States, The Declaration of the Rights of Man and of the Citizen, and speeches by Edmund Burke, Abraham Lincoln, Elizabeth Cady Stanton, John Dewey, and Martin Luther King, Jr. The readings are substantial or complete texts, not fragments. The second edition contains two new readings--by Charles Taylor and Virginia Held--and adds The Universal Declaration of Human Rights. It also presents two works by John Locke in their entirety and includes a new translation of Kant's Groundwork for the Metaphysics of Morals.An especially valuable feature of this volume is that the writings of each author are introduced with a substantive and engaging essay by a leading contemporary authority. These introductions include Richard Kraut on Plato, Aristotle, Epicurus, and Cicero; Paul J. Weithman on Augustine and Aquinas; Roger D. Masters on Machiavelli; Jean Hampton on Hobbes; Steven B. Smith on Spinoza and Hegel; A. John Simmons on Locke; Joshua Cohen on Rousseau and Rawls; Donald W. Livingston on Hume; Charles L. Griswold, Jr., on Smith; Bernard E. Brown on Hamilton and Madison; Jeremy Waldron on Bentham and Mill; Paul Guyer on Kant; Richard Miller on Marx and Engels; Thomas Christiano on Nozick; Robert B. Talisse on Charles Taylor; Thomas A. McCarthy on Foucault and Habermas; Cheshire Calhoun on Held; and Eva Feder Kittay on Nussbaum.Offering unprecedented breadth of coverage, Classics of Political and Moral Philosophy, Second Edition, is an ideal text for courses in political philosophy, social and political philosophy, moral philosophy, or surveys in Western civilization. (shrink)

Now greatly expanded in its second edition, Political Philosophy: The Essential Texts is ideal for survey courses in social and political philosophy. Offering coverage from antiquity to the present, this historically organized collection presents the most significant works from nearly 2,500 years of political philosophy. It moves from classical thought through the medieval period to modern perspectives. The book includes work from major nineteenth-century thinkers and twentieth-century theorists and also presents a variety of notable documents and addresses, including The Declaration (...) of Independence, The Constitution of the United States, The Declaration of the Rights of Man and of the Citizen, The Universal Declaration of Human Rights, and speeches by Pericles, Edmund Burke, Abraham Lincoln, Elizabeth Cady Stanton, and Martin Luther King, Jr. The readings are substantial or complete texts, not fragments. In addition to the new selections noted above in bold, the second edition also includes more essays from Aristotle, Locke, Hume, Smith, Hamilton and Madison, Kant, and Mill. An especially valuable feature of this volume is that the works of each author are introduced with an engaging essay by a leading contemporary authority. These introductions include Richard Kraut on Plato and Aristotle; Paul J. Weithman on Augustine and Aquinas; Roger D. Masters on Machiavelli; Jean Hampton on Hobbes; A. John Simmons on Locke; Joshua Cohen on Rousseau and Rawls; Donald W. Livingston on Hume; Charles L. Griswold, Jr., on Smith; Bernard E. Brown on Hamilton and Madison; Paul Guyer on Kant; Steven B. Smith on Hegel; Richard Miller on Marx and Engels; Jeremy Waldron on Mill; Thomas Christiano on Nozick; Robert B. Talisse on Taylor; Thomas A. McCarthy on Foucault and Habermas; and Cheshire Calhoun on Held. (shrink)

Introduction, W G Runciman Social Evolution in Primates: The Role of Ecological Factors and Male Behaviour, Carel P van Schaik Determinants of Group Size in Primates: A General Model, R I M Dunbar Function and Intention in the Calls of Non-Human Primates, Dorothy L Cheney & Robert M Seyfarth Why Culture is Common, but Cultural Evolution is Rare, Robert Boyd & Peter J Richerson An Evolutionary and Chronological Framework for Human Social Behaviour, Robert A Foley Friendship and the Banker?s Paradox: (...) Other Pathways to the Evolution of Adaptations for Altruism, John Tooby & Leda Cosmides The Early Prehistory of Human Social Behaviour: Issues of Archaeological Inference and Cognitive Evolution, Steven Mithen The Emergence of Biologically Modern Populations in Europe: A Social and Cognitive ?Revolution??, Paul Mellars Responses to Environmental Novelty: Changes in Men?s Marriage Strategies in a Rural Kenyan Community, Monique Borgerhoff Mulder Genetic Language Impairment: Unruly Grammars, M Gopnik, J Dalalakis, S E Fukuda, S Fukuda & E Kehayia The Emergence of Cultures among Wild Chimpanzees, Christophe Boesch Terrestriality, Bipedalism and the Origin of Language, Leslie C Aiello Conclusions, John Maynard Smith. (shrink)

Cutting a cake, dividing up the property in an estate, determining the borders in an international dispute - such problems of fair division are ubiquitous. Fair Division treats all these problems and many more through a rigorous analysis of a variety of procedures for allocating goods, or deciding who wins on what issues, when there are disputes. Starting with an analysis of the well-known cake-cutting procedure, 'I cut, you choose', the authors show how it has been adapted in a number (...) of fields and then analyze fair-division procedures applicable to situations in which there are more than two parties, or there is more than one good to be divided. In particular they focus on procedures which provide 'envy-free' allocations, in which everybody thinks he or she has received the largest portion and hence does not envy anybody else. They also discuss the fairness of different auction and election procedures. (shrink)

This report outlines the findings from a Delphi study designed to establish consensus on the definitions of cognitive style and learning style amongst an international style researcher community. The study yields long-needed definitions for each construct that reflect high levels of agreement. In a field that has been criticised for a bewildering array of definitions and a proliferation of terms and concepts, this study represents an important step to address confusion in the meaning of the two terms. New researchers interested (...) in styles are encouraged to draw on these definitions when developing new research agendas aimed at deepening our understanding of style as a core construct in educational psychology. (shrink)

1. Introduction The policy of deterrence, at least to avert nuclear war between the superpowers, has been a controversial one. The main controversy arises from the threat of each side to visit destruction on the other in response to an initial attack. This threat would seem irrational if carrying it out would lead to a nuclear holocaust – the worst outcome for both sides. Instead, it would seem better for the side attacked to suffer some destruction rather than to retaliate (...) in kind and, in the process of devastating the other side, seal its own doom in an all-out nuclear exchange. Yet, the superpowers persist in their adherence to deterrence, by which we mean a policy of threatening to retaliate to an attack by the other side in order to deter such an attack in the first place. To be sure, nuclear doctrine for implementing deterrence has evolved over the years, with such appellations as “massive retaliation,” “flexible response,” “mutual assured destruction”, and “counterforce” giving some flavor of the changes in United States strategic thinking. All such doctrines, however, entail some kind of response to a Soviet nuclear attack. They are operationalized in terms of preselected targets to be hit, depending on the perceived nature and magnitude of the attack. Thus, whether U.S. strategic policy at any time stresses a retaliatory attack on cities and industrial centers or on weapons systems and armed forces, the certainty of a response of some kind to an attack is not the issue. (shrink)

The leading models of disability struggle to fully encompass all aspects of “disability.” This difficulty arises, the author argues, because the models fundamentally misunderstand the nature of disability. Current theoretical approaches to disability can be understood as “nounal,” in that they understand disability as a thing that is caused or embodied. In contrast, this paper presents an adverbial perspective on disability, which shows that disability is experienced as a personally irremediable impediment to daily-living tasks or goals-like-ours. The picture theory of (...) disability technically constitutes a species of relational approach because its analysis references the interplay between an individual and their environment; it differs from other relational accounts, however, by interpreting disability as a certain kind of negative experience—rather than a function of that relationship. This purely descriptive theory makes no normative claims about disability and operates as both a mechanism for the evaluation of the experience of disability and a heuristic device for the proper interpretation of disability. When disability is reframed in this way, the theory offers a particularist perspective which shows if, when, where, and how disability is experienced. (shrink)

This book develops an “idiomatic” foundational theory of the self and its moral obligations. It then employs this theory to answer a variety of questions about legal obligation, political authority, community, and international justice. It argues that we ought to obey a particular community’s laws and government commands, so long as our government restricts itself to protecting classical liberty and individual property rights under the rule of law. It further argues that people today should ideally live in confederated, legally sovereign (...) nation-states or nation-unions. Finally, it suggests that we have greater obligations to our compatriots than we do to foreign citizens, although we will often have pressing moral reasons to obey foreign laws while abroad, grant citizenship to outsiders who wish to join us, and help relieve foreign people’s misery. (shrink)

While cognitive style congruence has been highlighted as a potentially important variable influencing performance outcomes in work-related contexts, studies of its influence are scarce. This paper examines the influence of leader-follower cognitive style similarity on followers’ organizational citizenship behaviors. Data from 430 leader-follower dyads were analyzed using polynomial regression and response surface analysis. Results demonstrate that congruence of leader/follower cognitive style is a predictor of follower organizational citizenship behaviors. Organizations may therefore benefit from considering issues of similarity of cognitive styles (...) in their attempts to develop effective leader-follower partnerships leading to increased organizational citizenship behaviorsand concomitant improvements in both individual and organizational level success. (shrink)

This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope (...) of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law. (shrink)

Suppose two players wish to divide a finite set of indivisible items, over which each distributes a specified number of points. Assuming the utility of a player’s bundle is the sum of the points it assigns to the items it contains, we analyze what divisions are fair. We show that if there is an envy-free (EF) allocation of the items, two other desirable properties—Pareto-optimality (PO) and Maximinality (MM)—can also be satisfied, rendering these three properties compatible. But there may be no (...) EF division, in which case some division must satisfy a modification of Bentham’s (1789/2017) “greatest satisfaction of the greatest number” property, called maximum Nash welfare (MNW), that satisfies PO. However, an MNF division may be neither MM nor EFX, which is a weaker form of EF. We conjecture that there is always an EFX allocation that satisfies MM, ensuring that an allocation is maximin, precisely the property that Rawls (1971/1999) championed. We discuss four broader philosophical implications of our more technical analysis. (shrink)

Oliver Wendell Holmes, Jr. is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and (...) legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. (shrink)

The concepts of omniscience and omnipotence are defined in 2 ? 2 ordinal games, and implications for the optimal play of these games, when one player is omniscient or omnipotent and the other player is aware of his omniscience or omnipotence, are derived. Intuitively, omniscience allows a player to predict the strategy choice of an opponent in advance of play, and omnipotence allows a player, after initial strategy choices are made, to continue to move after the other player is forced (...) to stop. Omniscience and its awareness by an opponent may hurt both players, but this problem can always be rectified if the other player is omniscient. This pathology can also be rectified if at least one of the two players is omnipotent, which can override the effects of omniscience. In some games, one player's omnipotence ? versus the other's ? helps him, whereas in other games the outcome induced does not depend on which player is omnipotent. Deducing whether a player is superior (omniscient or omnipotent) from the nature of his game playing alone raises several problems, however, suggesting the difficulty of devising tests for detecting superior ability in games. (shrink)

This paper analyzes criteria of fair division of a set of indivisible items among people whose revealed preferences are limited to rankings of the items and for whom no side payments are allowed. The criteria include refinements of Pareto optimality and envy-freeness as well as dominance-freeness, evenness of shares, and two criteria based on equally-spaced surrogate utilities, referred to as maxsum and equimax. Maxsum maximizes a measure of aggregate utility or welfare, whereas equimax lexicographically maximizes persons' utilities from smallest to (...) largest. The paper analyzes conflicts among the criteria along with possibilities and pitfalls of achieving fair division in a variety of circumstances. (shrink)