What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (shrink)

The notion that a false positive (false conviction) is worse than a false negative (false acquittal) is a deep-seated commitment in the theory of criminal law. Its most illustrious formulation, the so-called Blackstone’s ratio, affirms that “it is better that ten guilty persons escape than that one innocent suffer”. Are people’s evaluations of criminal statutes consitent with this tenet of the Western legal tradition? To answer this question, we conducted three experiments (total _N_ = 2492) investigating how people reason (...) about a particular class of offenses—proxy crimes—known to vary in their specificity and sensitivity in predicting actual crime. By manipulating the extent to which proxy crimes convict the innocent and acquit those guilty of a target offense, we uncovered evidence that attitudes toward proxy criminalization depend primarily on its propensity toward false positives, with false negatives exerting a substantially weaker effect. This tendency arose across multiple experimental conditions—whether we matched the rates of false positives and false negatives or their frequencies, whether information was presented visually or numerically, and whether decisions were made under time pressure or after a forced delay—and was unrelated to participants’ probability literacy or their professed views on the purpose of criminal punishment. Despite the observed inattentiveness to false negatives, when asked to justify their decisions, participants retrospectively supported their judgments by highlighting the proxy crime’s efficacy (or inefficacy) in combating crime. These results reveal a striking inconsistency: people favor criminal policies that protect the rights of the innocent, but report comparable concern for their expediency in fighting crime. (shrink)

Discussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to (...) be assessed in setting up a criminal justice system - the risk that it will not be eff ective enough at apprehending and punishing serious off enders, as well as the risk that it will expose innocent persons to harsh punishment. I urge a balancing of such risks, and argue that the salient features of many contemporary criminal justice systems can be plausibly interpreted as attempting to achieve and maintain such a balance. We do not grant criminal defendants a presumption of innocence that the state must overcome with proof of guilt beyond a reasonable doubt in order to institutionally express a strong degree of preference for non-punishment of the guilty to punishment of the innocent. Instead, we do so in order to ensure that institutions of legal punishment have suffi cient scope while preserving their ability to accurately sort the guilty from the innocent. (shrink)

An introduction to philosophical research on the standards of legal proof.

Discusses the idea that legal proof should use variable standards rather than a single fixed threshold.

Constructions of women’s activism as social service, volunteer, or charity work contribute to the relative invisibility of these forms of activism. The author conducted field research at an affiliate office of the Susan G. Komen Breast Cancer Foundation. She analyzes how these women volunteers resist the label “activist” at the same time that they engage in activities that resemble activism. The author also examines the reasons for their resistance to the term. Her analysis shows that implicit connections between constructions of (...) activism and gender shape the extent to which volunteers think of their work either as political or as activism. In light of Komen’s heteronormative gender ideology, the author concludes by raising questions about the relationships among gender, activism, and civic participation. (shrink)

Many working women will experience sexual harassment at some point in their careers. While some report this harassment, many leave their jobs to escape the harassing environment. This mixed-methods study examines whether sexual harassment and subsequent career disruption affect women’s careers. Using in-depth interviews and longitudinal survey data from the Youth Development Study, we examine the effect of sexual harassment for women in the early career. We find that sexual harassment increases financial stress, largely by precipitating job change, and can (...) significantly alter women’s career attainment. (shrink)

Evolutionary theory is formulated in terms of individuals that carry heritable information and are subject to selective pressures. However, individuality itself is a trait that had to evolve - an individual is not an indivisible entity, but a result of evolutionary processes that necessarily begin at the lower level of hierarchical organisation. Traditional approaches to biological individuality focus on cooperation and relatedness within a group, division of labour, policing mechanisms and strong selection at the higher level. Nevertheless, despite considerable theoretical (...) progress in these areas, a full dynamical first-principles account of how new types of individuals arise is missing. To the extent that individuality is an emergent trait, the problem can be approached by recognising the importance of individuating mechanisms that are present from the very beginning of the transition, when only lower-level selection is acting. Here we review some of the most influential theoretical work on the role of individuating mechanisms in these transitions, and demonstrate how a lower-level, bottom-up evolutionary framework can be used to understand biological complexity involved in the origin of cellular life, early eukaryotic evolution, sexual life cycles and multicellular development. Some of these mechanisms inevitably stem from environmental constraints, population structure and ancestral life cycles. Others are unique to specific transitions - features of the natural history and biochemistry that are co-opted into conflict mediation. Identifying mechanisms of individuation that provide a coarse-grained description of the system's evolutionary dynamics is an important step towards understanding how biological complexity and hierarchical organisation evolves. In this way, individuality can be reconceptualised as an approximate model that with varying degrees of precision applies to a wide range of biological systems. (shrink)

This book is for people who are interested in nondual spiritual awakening. It can help people make sense of the various, conflicting theories about nonduality that are currently available to the spiritual seeker and it provides effective practices for recognizing, embodying and stabilizing in nondual realization in one's daily life.

Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is (...) at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)

Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at (...) last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)

Sharpe’s ratio is the most widely used index for establishing an order of priority for the portfolios to which the investor has access, and the purpose of this investigation is to verify that Sharpe’s ratio allows decisions to be made in investment portfolios considering different financial market conditions. The research is carried out by autoregressive model of the financial series of returns using Sharpe’s ratio for evaluations looking over the priority of financial assets which the investor can (...) access while observing the effects that can cause autocorrelated series in evaluation measures for financial assets. The results presented in this study confirm the hypothesis proposed in which Sharpe’s ratio allows decisions to be made in the selection of investment portfolios under normal conditions thanks to the definition of a robustness function, whose empirical estimation shows an average 73% explanation of the variance in the degradation of the Spearman coefficient for each of the performance measures; however, given the presence of autocorrelation in the financial series of returns, this similarity is broken. (shrink)

Parental investment theory postulates that where physical condition varies significantly then birth sex ratio will be correlated with social status. Application of this theory to man remains contentious. This study examines physique, wealth, and social status in relation to the sex of live births. It reports a female-biased sex ratio in high social and economic status Nepalese. Close consanguineous marriage, intended to conserve landed wealth within related lineages, and increased female work burdens accompanying larger farm size, are proximate (...) factors which may underlie this finding. A differential payback hypothesis is one way of explaining this pattern. (shrink)

Five-year-old children categorized as skilled versus unskilled counters were given verbal estimation and number word comprehension tasks with numerosities 20 – 120. Skilled counters showed a linear relation between number words and nonsymbolic numerosities. Unskilled counters showed the same linear relation for smaller numbers to which they could count, but not for larger number words. Further tasks indicated that unskilled counters failed even to correctly order large number words differing by a 2 : 1 ratio, whereas they performed well (...) on this task with smaller numbers, and performed well on a nonsymbolic ordering task with the same numerosities. These findings provide evidence that large, approximate numerosity representations become linked to number words around the time that children learn to count to those words reliably. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Configured to Christ: On Spiritual Direction and Clergy Formation by James KeatingChristian Raab O.S.B.Configured to Christ: On Spiritual Direction and Clergy Formation by James Keating (Steubenville, OH: Emmaus Road, 2021), xxix + 312 pp.Deacon James Keating has served the Church by forming her clergy for thirty years. While he has been a seminary professor and a director of deacon formation at the diocesan level, his prolific scholarship as (...) well as his time as director of theological formation for the Institute for Priestly Formation in Creighton, NE, made him a national figure. Configured to Christ is a collection of Keating's most important essays.While this book is a retrospective, it couldn't be more timely. In 2016 (on the Feast of the Immaculate Conception, December 8), the Congregation for Catholic Education issued The Gift of the Priestly Vocation—Ratio Fundamentalis Institutionis Sacerdotalis, a text which provides guidelines for the whole Church concerning priestly formation. In the fall of 2021, the United States Council of Catholic Bishops completed their revision of the sixth edition of the Program of Priestly Formation (PPF), which translates the principles of the Ratio for the American context. With these two documents in place, it now falls upon seminaries to examine their programs in light of the vision provided by the magisterium. The next five to ten years promise to be a time of reform and renewal in seminary formation. Institutions will be looking for fresh and orienting ideas. Keating's book can be recommended as among the best resources for the venture that awaits.One reason Keating's book is so valuable is its focus on the "perichoresis" of the various aspects of formation (107). This emphasis is consonant with the terminological change found in the new PPF from the language of formational "pillars" to the language of formational "dimensions" (see the USCCB's 5th edition of the PPF, §28). The thinking behind this change seems to have been that it was too easy to imagine "pillars" as separate from [End Page 1110] one another. The human, spiritual, intellectual, and pastoral dimensions of formation are in fact interwoven, interdependent, and interpenetrating. While they can be distinguished, they cannot be divided. Growth in one fosters growth in the other. Keating has long understood this, as his various essays show.The book is divided into three parts and eighteen chapters. Part 1 is entitled "The Interior Life of the Cleric." Here, readers are introduced to the integral relationship between the spiritual and intellectual formational dimensions. For example, Keating provides, in chapter 1, a sustained theoretical reflection on the relationship between academic theology and spirituality, and, in chapter 2, he examines John Henry Newman's writings as a concretized test case for the right relationship of prayer, study, and thought. Authors such as Hans Urs von Balthasar and Jean Leclercq have investigated this relationship in classic works, but Keating's presentation is notable for its accessibility, coherence, and concision. The remaining chapters of part 1 address the topics of silence and spiritual direction. Emerging from these analyses are the insights that interiority expands through discovery of Christ within. We participate in Christ as we behold, wonder, think, theologize, and pray. Keating's plea that we introduce ministerial candidates to the romance of silence is most welcome.The second part of the book is entitled "The Formation of the Cleric." It brings together nine essays which explicitly explore the art of formation. The key to this section, and maybe to the whole book, is chapter 7, "Christ is the Sure Foundation: Priestly Human Formation Completed in and by Spiritual Formation." This chapter makes the case not only for the perichoresis of formational dimensions but also for a much stronger emphasis on spiritual formation than is often the case. Of special note is Keating's observation that spiritual formation can truly support human formation. This is an important insight. In his 1992 apostolic exhortation Pastores Dabo Vobis (on the formation of priests), John Paul II had articulated that human formation was "the basis of all priestly formation" (§43).Unfortunately, this line could be (and has been) interpreted problematically to mean human formation... (shrink)

Using agency theory, this study empirically examined the relationship between board composition and corporate philanthropy. Generally, the ratio of insiders to outsiders, the percentage of insider stock ownership, and the proportion of female and minority board members were found to be positively and significantly associated with firms'' charitable contributions.

The paper brings into light and discusses a concentric solar model briefly described in Chapter 5 of Section III of ‘Abd al-Raḥmān al-Khāzinī’s On experimental astronomy, a treatise embedded in the prolegomenon of his comprehensive Mu‘tabar zīj, completed about 1121 c.e. In it, the Sun is assumed to rotate on the circumference of a circle concentric with the Earth and coplanar with the ecliptic, but the motion of the vector joining the Earth and Sun is monitored by a small eccentric (...) hypocycle. The ratio between the distance of the hypocycle’s center from the Earth and the hypocycle’s radius is equal to the solar eccentricity in the eccentric model. The model is to account for the constancy of the apparent diameter of the solar disk as held by Ptolemy. The source of the model is unknown. Since the mechanism employed in it clearly resembles the pin-and-slot device, whose use in mechanical astronomical instruments has a long history from the Antikythera Mechanism to the medieval solar, lunar, and planetary equatoria and dials, we argue that the solar model can be positioned within this long-standing tradition and considered the result of the correct understanding of some Byzantine prototype and thus a typical example of the transmission of astronomical ideas via media of the material culture. (shrink)

"This economic system cannot do without the ultima ratio of the complete destruction of those existences which are irretrievably associated with the hopelessly unadapted." "Joseph Schumpeter, The Theory of Economic Development1"Slavoj Žižek poses more than a few heavy-gauge questions in his In Defense of Lost Causes . Foremost among them, at the beginning of chapter nine: “The only true question today is: do we endorse this ‘naturalization’ of capitalism, or does contemporary global capitalism contain antagonisms which are sufficiently strong (...) to prevent its indefinite reproduction?”2 This vast question—as well as its possible answers—develops in Žižek's…. (shrink)

The first case of comprehensive Jesuit philosophical textbook, the Cursus Conimbricensis stands as a hallmark of the Jesuit way of teaching philosophy during the second half of the Sixteenth century. After having placed the Cursus conimbricensis in the European philosophical scenario, this paper aims to show how Manuel de Gois, as well as the other contributors, felt to be bound to Aristotle, the major authority according to the Ratio studiorum, in dealing with questions and issues.

"From his geometrical method to his theory of mind and body and from his account of the emotions to his doctrine of how to live well, Spinoza's philosophy is a philosophy of ratio"--Back cover.

More South African investors are integrating their personal values into their investment decisions. Research on the performance of socially responsible investment funds, also called ethical funds, yields conflicting results. In this study, the risk adjusted performance of 14 local SRI funds have been evaluated vis-à-vis their respective benchmarks. The results of the Treynor and Sharpe ratios indicate that the majority of funds outperformed their respective benchmarks over the period 1 July 2001 to 31 June 2004 and all but one fund (...) posted positive Alphas. These results thus appear consistent with previous research which shows that ethics indeed pays. (shrink)

Decision‐aiding software is probably the most important technological innovation from the perspective of lawyer decision‐making, as contrasted to efficient office management. That kind of technological breakthrough can be helpful to lawyers in negotiating settlements favorable to their clients without expensive litigation. The technology makes use of benefit‐cost analysis, multi‐criteria decision analysis, spreadsheet software, and especially super‐optimizing analysis whereby plaintiffs, defendants, and other parties can all come out ahead of their best initial expectations simultaneously. Decision‐aiding software can also be helpful to (...) lawyers in evaluating alternative precedents, statutes, regulations, and other legal policies to arrive at versions favorable to their clients without an expensive adoption campaign. (shrink)