In the era of natural law, the foundation of the law was grounded upon something beyond the law itself, i.e., external factors such as a higher authority, nature, or even the reason and ontological essence of man. According to this reasoning, man has in effect been clandestinely elevated to an equal plain with God and operates in the external realm, essentially observing the world „from outside“. Thus, any attempt to provide a basis for legal decisions by such external factors depends (...) on an „observer„ who assumes a privileged position with respect to the law and its ground. Lawyers continue to maintain this position of interpreting the positive law by seeking the ground of the law outside of itself, i.e., the external factors such as the „source of laws“, the „intention of the author“, and the “fundamental norm“, for example. While simultaneously claiming to be under the rule of law, they paradoxically take the position of an external „observer“ who perceives the law “from outside”. This position leads us to aporia, or an insoluble contradiction, regarding external grounds. This paper proposes a means by which to emerge from the above aporia. Using the theory of social systems as its basis, the legal system is viewed as a closed system and „the ground of the law“ is by no means derived from external factors; rather, it can be stated only through an internal operation within the closed system itself. (shrink)

1. Shizen -- 2. Chisei -- 3. Chitsujo -- 4. Jikan -- 5. Bi.

This paper studies a sender-receiver game in which both players want the receiver to choose the state-optimal action. Before observing the state, the sender observes a “contextual signal,” a payoff-irrelevant signal that correlates with states and is imperfectly shared with the receiver. Once the sender observes the state, the sender sends a message to the receiver, incurring a small messaging cost. It is shown that there is no miscommunication in any efficient equilibrium if the messaging cost is uniform or contextual (...) information is poorly shared between players. However, if the messaging costs are different between some messages, and contextual information can affect the probability ranking of states and is shared reasonably well, any efficient equilibrium that favors the sender exhibits miscommunication. Furthermore, the messages that cause miscommunication can be coarse or ambiguous, depending on how well players share contextual information. (shrink)

Principles of Brain Evolution (Striedter 2005) places little emphasis on natural selection. However, one cannot fully appreciate the diversity of brains across species, nor the evolutionary processes driving such diversity, without an understanding of the effects of natural selection. Had Striedter included more extensive discussions about natural selection, his text would have been more balanced and comprehensive.

The target article about the origin and evolution of the isocortex triggers questions about unresolved issues that still need to be dealt with, including: (1) the evolutionary scenario of the origin of the lateral isocortex, (2) the expansion of the dorsal pallium in nonmammals, and (3) the heterogeneity of the anterior dorsal ventricular ridge.

Husserl attempted to found logics and language on intuition, and particularly perception. The relationship between logical language and intuition is therefore one of the fundamental themes of his phenomenology. Husserl regarded the two as sharing an isomorphic structure, and this article shows that this structure can be characterized as “mediality.” That is, the “meaning” of language appears by mediation of sound or script, while the “I” as person appears by mediation of the body. I will show furthermore that intuitions themselves (...) appear through the mediation of language, and interpret this idea of mediality in terms of the Japanese language. Guided by Husserl’s notion of Sprachleib, I will also attempt an analysis of the “bodily” function of Chinese script and onomatopeia as aspects of Sprachleib and show how the Sprachleib functions as a “cultural living body” that makes community possible. (shrink)

There is a close relationship between Ashʿarism and Ḥanbalism since the emergence of Ashʿarism. However, they often conflicted with each other as they approached to religious matters from different perspectives. These conflicts were not only limited to theological discussions but also turned into social conflicts, which occasionally resulted with deaths. First massive events occurred in 429/1038 in Baghdād between Ashʿarites and Ḥanbalities. When Niẓām al-Mulk was appointed as vizier, the conflicts reached a peak. The apparent reason of the conflicts was (...) the theological controversy between these two sects. However, the rise of Ashʿarism, which was usually against Ḥanbalism, was the main reason of the social conflicts. Supports of the Ashʿarite thought by the leading statesmen of the era such as Niẓām al-Mulk and Ayyūbid sultans, and accusations of some Ashʿarite preachers about Ḥanbalities relying on this political support were also among the factors that led to these conflicts. Nevertheless, even if any accusation was not made, it occurred that the members of both sects resorted to violence in case of criticisms about their beliefs. This shows that the most important reason of the conflicts was sectarian fanaticism.Summary: Ashʿarism is the name of the sect that was formed around the ideas of Abū al-Ḥasan al-Ashʿarī. It is a continuation of Kullābism in terms of general thought system. Ashʿarism replaced Kullābism by the end of the 5th century of the Hijrah, and started to be called as an independent sect. It spread mostly among the Shāfiʿites and Mālikites in Iraq, Khurāsān, Damascus, Maghreb, and Yemen. When it was arrived to the last quarter of the 5th century, it became the common theological sect of most of Shāfiʿites and Mālikites. Bāqillānī (d. 403/1013), Ibn Fūrāk (d. 406/1015), and Abū Isḥāq al-Isfarāyīnī’s (d. 418/1027) efforts played an important role in rising of Ashʿarism in this period. In the following periods, contribution of the Seljuk vizier Niẓām al-Mulk (d. 485/1092) to Ashʿarism was massive by establishing the Niẓāmiyah Colleges to strengthen the Ashʿarites against the Hanafites in Khurāsān and against the Ḥanbalites in Baghdād. The Niẓāmiyah Colleges were donated by Niẓām al-Mulk to Shāfiʿite scholars for the mission of primarily limiting the influence Shīʿī thought. The condition of belonging to Shāfiʿites in waqfiyyah (endowment certificate) of the colleges provided some important advantages for Shāfiʿites and Ashʿarites. On the other hand, the Ayyūbids provided important contributions to Ashʿarites in the regions of Egypt, Damascus and Yemen. They worked for strengthening Ashʿarism during their ruling for two centuries. It was a state policy for the Ayyūbids to support Ashʿarism starting from the founder of the state, Ṣalāḥ al-Dīn al-Ayyūbī (d. 589/1193).This rapid rise of Ashʿarism led to a tense relationship between the Ashʿarites and the Ḥanbalites who became the most important representative of Aṣḥāb al-ḥadīth (people of the traditions of the Prophet) after the period of Miḥnah (period of religious persecution). Undoubtedly, the first respondents of these tense relations were Kullābite scholars. At the beginning of the 4th century of the Hijrah, Abū al-Ḥasan al-Ashʿarī became the natural inheritor of the Ḥanbalite reaction to the Kullābites. He conflicted with the Ḥanbalites because of his different approach on the debate regarding creation of the Qur’ān. Ḥanbalite reactions to Imam al-Ashʿarī continued after his death. When he died in Baghdād in 324/935, officials buried him secretly as they worried about Ḥanbalite attacks against his funeral. Hence, after his burial some Ḥanbalites tried to destroy his tomb several times. After Ashʿarī died, the first social events between the Ashʿarites and the Ḥanbalites took place in Iṣfahān, one of the most important cities of West Khurāsān, in the end of the 4th century of the Hijrah. The debate started around the question of whether the letters of the Qur’ān were created or uncreated between the Ḥanbalite scholar Ibn Mandah (d. 395/1005) and Ashʿarite scholar Abū Nuʿaym al-Iṣfahānī (d. 430/1038). This debate led to prolonged events between the supporters of these scholars. Abū Nuʿaym, saved his life from various attacks and finally he had to leave Iṣfahān.The tense relationships between the Ashʿarites and the Ḥanbalites reached the peak in the 5th century of the Hijrah. Many events occurred in Baghdād during this century. The discussion on interpretation of the revealed attributes of Allah turned into conflict between the two sides from time to time. The Ashʿarite scholars accused the Ḥanbalites with tashbih (affirming Allah’s similarity to humanity) and tajseem (anthropomorphism) by pointing at Abū Yaʿlā al-Farrā’s work titled Ibṭāl al-taʾwīl al-ṣifāt. The ʿAbbāsid caliphs generally supported the Ḥanbalites in this debate. For example, when al-Qāim bi-Amr Allāh re-published the famous declaration known as the Qādirī Creed in 433/1042, he proclaimed that rejection of the Ḥanbalite approach on the issue of the revealed attributes of Allah would be regarded as a cause of blasphemy. The paper was read in a meeting where several scholars from various sects were present. It was signed firstly by Ashʿarite scholar Abū al-Ḥasan ʿAli ibn ʿUmar al-Qazwīnī (d. 442/1051). However, he was one who had criticized Ibṭāl al-taʾwīl al-ṣifāt in 429/1038, which caused conflicts in society at that time. This shift in his position is remarkable as it shows that the declaration was primarily response to him.In the middle of the 5th century of the Hijrah, Ashʿarite scholar al-Khatīb al-Baghdādī (d. 463/1071) became a victim of the tension between the Ashʿarites and Ḥanbalites. Khatīb had protection of vizier Ibn al-Muslima and under his protection he lectured on Hadith in the Mansur Mosque. However, after the death of the vizier, he was subjected to harassment of the Ḥanbalites because of some expressions in his work titled Tarīkh Baghdād. So much so that he began to worry about his life, thus he had to leave Baghdād and went to Damascus in 451/1059.The tense relations between the Ashʿarites and the Ḥanbalites reached the summit in the period of Niẓām al-Mulk who was the vizier of Seljuk Empire. In fact, some events resulted with deaths. For example, in the events of 469/1076, which lasted years, the Ḥanbalites attacked Ashʿarite scholar Abū Naṣr ibn ʿAbd al-Karīm al-Qushayrī (d. 514/1120) who accused them with tashbeeh and tajseem. As a result, around twenty people died during these events. The gradual rise of the Ashʿarite thought with the support of Niẓām al-Mulk and abusive discourses of some Ashʿarite scholars who relied on this support can be mentioned among the basic reasons of the events at that time.After the death of Niẓām al-Mulk in 485/1092, for a long time there was no serious event between the Ashʿarites and the Ḥanbalites. In the middle of the 6th/12th century, the relations started to become tense again in the regions of Egypt, Damascus, and Yemen under the Ayyūbid dynasty. In addition to these places, various events occurred in Khurāsān region, in cities such as Marw. Nevertheless, unlike some previous events, the current tensions were not against a whole sect but only targeted some individual scholars. Moreover, unlike the previous periods, oppressed and victimized people were mostly Ḥanbalite scholars this time. No serious events took place between two sects after this period. Therefore, it can be said that their struggle to dominate society led to the above-mentioned events. (shrink)

A decision maker (DM) selects a project from a set of alternatives with uncertain productivity. After the choice, she observes a signal about productivity and decides how much effort to put in. This paper analyzes the optimal decision problem of the DM who rationally filters information to deal with her post-decision cognitive dissonance. It is shown that the optimal effort level for a project can be affected by unchosen projects in her choice set, and the nature of the choice set-dependence (...) is determined by the signal structure. Some comparative statics of choice set-dependence is also provided. Finally, based on the results, the optimal choice set design is also explored. This paper offers a simple framework to explain the experimental finding in psychology that people’s effort level for a project can be enhanced when the project is chosen by themselves rather than by others. (shrink)

Spatial ability plays important roles in academic learning and everyday activities. A type of spatial thinking that is of particular significance to people's daily lives is cognitive mapping, that is, the process of acquiring, representing, and using knowledge about spatial environments. However, the skill of cognitive mapping shows large individual differences, and the task of spatial orientation and navigation poses great difficulty for some people. In this article, I look at the motivation and findings in the research into spatial knowledge (...) acquisition from an individual differences perspective. I also discuss major implications of the existence of large individual differences, particularly the possibility of improving cognitive mapping by training and adjusting navigation assistance to the wide variations in spatial aptitudes and preferences among people. (shrink)

This paper will deal with the relationship between 'life' (Leben) and the 'life-world' (Lebenswelt) 1 as we find these concepts in the writings of Husserl's last years. The emphasis will be upon elucidating this relation- ship from the transcendental point of view. It is well known that Husserl initially introduced the concept of the life-world into his philosophy in connection with the problem of founding the sciences: accordingly, most studies up to date have dealt with the concept within this context (...) - that is, as part of the program for founding the sciences. However, it is important to remember that the life-world is also, for Husserl, a 'way to the transcendental reduction', and as such, can be ultimately clari- fied only by following this way to its end, and by comprehending it in its relationship to transcendental subjectivity. In his later years, Husserl came to think of the 'way of being' (Seinsweise) of transcendental sub- jectivity as 'world-experiencing-life' (welterfahrendes Leben). Thus it is my view that the problem of the 'life-world' is intimately related to that of 'life', and must necessarily be treated in the context of that rela- tionship. (shrink)

Since sending explicit messages can be costly, people often utilize “what is not said,” i.e., informative silence, to economize communication. This paper studies the efficient communication rule, which is fully informative while minimizing the use of explicit messages, in cooperative environments. It is shown that when the notion of context is defined as the finest mutually self-evident event that contains the current state, the efficient use of informative silence exhibits the defining property of indexicals in natural languages. While the efficient (...) use of silence could be complex, it is also found that the efficient use of silence can be as “simple” as the use of indexicals in natural languages if and only if the information structure satisfies some centrality and dominance properties. (shrink)

Does a penny per month constitute a Basic Income? Were that penny to be paid individually, universally, and unconditionally, the answer would be ‘yes’, following the definition of Basic Income given by some of its leading advocates, be it organisations like the Basic Income Earth Network or prominent scholars such as Philippe Van Parijs. Some might be puzzled as to how this could be ‘a capitalist road to communism’, or give us ‘freedom as the power to say no’, both of (...) which have been advocated by prominent researchers. The purpose of this paper is not to argue for or against their definition, but rather to situate it historiographically, enabling fruitful discussion. The paper will show how there was a widely shared assumption in the 1970s and 80s, at the early stages of both academic articulations and public discussion, that Basic Income comes with some notion of a threshold or level to be taken as a minimum or as adequate. The paper goes on to outline three issues that arise once the concept of a threshold is dropped from the definition. Examined in addition are five justifications for doing so. Much like any other idea, the concept of Basic Income is a social construct. By situating it here within a historical perspective, we wish to facilitate academic discussion regarding both the achievements and erasures that have occurred as a consequence of the concept’s academic refinement—refinement that is in itself majorly indebted to BIEN and Van Parijs. (shrink)

When an agent’s motivation is sensitive to how his supervisor thinks about the agent’s competence, the supervisor has to take into account both informational and expressive contents of her message to the agent. This paper shows that the supervisor can credibly express her trust in the agent’s ability only by being un- clear about what to do. Suggesting what to do, i.e., “directives,” could reveal the supervisor’s “distrust” and reduce the agent’s equilibrium effort level even though it provides useful information (...) about the decision environment. There is also an equilibrium in which directives are neutral in expressive content. However, it is shown that neologism proofness favors equilibria in which directives are double- edged swords. (shrink)

Consciousness – Bewußtsein – was one of the key concepts of Husserl’s phenomenology. In contrast to this, Heidegger – regarded as Husserl’s most outstanding pupil – placed Dasein at the center of his own phenomenology. This change in key concepts may be seen as an upheaval in the phenomenology that purports to study the “things themselves”: as a shift of focus from the activity of a Bewußtsein that constitutes the Being of objects, to the passivity of a Dasein that receives (...) the donation of Being. But there is another aspect of Dasein that lies in the concept of “Da” (disclosedness), and it implies another possibility for the development of phenomenology that Heidegger did not fully develop. Kitaro Nishida, the Japanese philosopher who introduced phenomenology to Japan during the first half of the 20th century, developed this concept in his own way by analyzing the structure of disclosedness in terms of self-consciousness. (shrink)

Initial responses to questionnaires used to assess participants' understanding of informed consent for malaria vaccine trials conducted in the United States and Mali were tallied. Total scores were analyzed by age, sex, literacy (if known), and location. Ninety-two percent (92%) of answers by United States participants and 85% of answers by Malian participants were correct. Questions more likely to be answered incorrectly in Mali related to risk, and to the type of vaccine. For adult participants, independent predictors of higher scores (...) were younger age and female sex in the United States, and male sex in Mali. Scores in the United States were higher than in Mali (P = 0.005). Despite this difference participants at both sites were well informed overall. Although interpretation must be qualified because questionnaires were not intended as research tools and were not standardized among sites, these results do not support concerns about systematic low understanding among research participants in developing versus developed countries. (shrink)

While directors’ task boundaries are usually ambiguous, some of their activities or behaviors clearly constitute their formal duties, whereas others are usually perceived as organizational citizenship behavior. Applying identity theory, we present a theoretical model that demonstrates one of the key drivers for directors to engage in OCB with a focus on their role identity. We argue that an individual director’s role identity is one of the key factors that motivate directors to engage in OCB. Furthermore, we propose that two (...) board-level contingencies, board capital, and informal board hierarchy order, can moderate the effect of directors’ role-identity salience on their OCB. That is, low levels of board capital and directors’ higher positions in a board’s informal hierarchy enhance directors’ motivation to engage in OCB. (shrink)

BackgroundA brief measure of dispositional mindfulness is important for applied research on mindfulness. Although short forms of the Five Facet Mindfulness Questionnaire, which measures the five aspects of mindfulness, have been developed worldwide, the validity and reliability of the Japanese version has not been examined. This study aims to examine the validity and reliability of the 24-item and 15-item versions of the FFMQ in Japan, which are the most widely used versions worldwide.MethodsOnline surveys were conducted for 889 adults in Japan (...) through an online survey company using self-reported questionnaires including the FFMQ to confirm the factor structure and validity. To examine construct validity, we examined the relationship between the short form of FFMQ and mind wandering, interoceptive awareness, experiential avoidance, cognitive fusion, openness, neuroticism, self-compassion, depression, and anxiety, which have been theoretically or empirically shown to be related to mindfulness. In addition, 137 adults responded to the FFMQ again, after four weeks, for the test-retest reliability.ResultsThe correlated five-factor and four-factor models and the higher-order factor hierarchical model did not show sufficient goodness of fit, while the 24-item version showed acceptable fit when uncorrelated method factors loaded on by the positive and negative items were added. However, the 15-item version did not show acceptable fits for any of the models. Regarding reliability, the 24-item version showed acceptable values. In terms of the relationship between the original and the shortened version of the FFMQ, the 24-item version shared approximately 80% of the variance with the original one. In addition, although the wording effects of positive and negative items seemed to affect the correlations between the FFMQ and the other scales, the associations with related concepts were as predicted generally, supporting the construct validity of the short form of the FFMQ.ConclusionIn Japan, the 24-item version of FFMQ showed acceptable validity and reliability similar to the original version, and we recommend that the 24-item version be used. (shrink)

Japan has absorbed many western ideas since the late nineteenth century, but Japanese philosophers have often been reluctant to accept the western idea of the “I” in its entirety. The I transgresses to the Other more easily than western philosophies think and imports what belongs to the Other as his own. How is this possible? Husserl attempted to explain the constitution of the Other by the intentionality that goes from the I to the Other, mediated by the body. However, Husserl (...) later discovered that the constitution of both the I and the Other is more of a two-way movement. This double-movement is essential for all constitutions and departs from a deep (primal) dimension that is not yet egological. Even in the self-reflection of the I, a similar double-movement between the primal and egological dimensions can be seen. The I is supported, but at the same time threatened, by this movement. (shrink)

The ethics in an information society is discussed from the combined viewpoint of Eastern and Western thoughts. The breakdown of a coherent self threatens the Western ethics and causes nihilism. Francisco Varela, one of the founders of Autopoiesis Theory, tackled this problem and proposed Enactive Cognitive Science by introducing Buddhist middle-way philosophy. Fundamental Informatics gives further insights into the problem, by proposing the concept of a hierarchical autopoietic system. Here the ethics can be described in relation to a community rather (...) than a coherent self. The philosophical bridge between East and West is expected to solve the ethical aporia in the 21st century. (shrink)

Husserl’s phenomenology arose in a time of crisis for the sciences; today, we confront a crisis of interculturality. In this paper, I thematize the architectural and agricultural aspect of phenomenological thinking with regard to the notion of »culture«. Here, the ego is not so much a master who bestows sense on the world, but a Gesinde, who follows the direction of »sense« and through whom sense constitutes itself. Husserl’s method of Besinnung with regard to European history is based upon this (...) idea. This way of thinking is rooted in the European notion of »agriculture”«, where sense is built up slowly and we have time to accommodate ourselves to change. Today, however, we live in a situation of high-speed interculturality where egos of mutually foreign cultures encounter each other at such high speed that the safety mechanisms of agriculture no longer function. This is our present state of crisis. (shrink)