Abstract:This essay aims to bring two important lines of inquiry and criticism together. It first lays out an institutionally enriched account of what a just world economic order will look like. That account prescribes, via the requisites to that mechanism which most directly instantiates the account, “three realms of equal treatment and market completion”—the global products, services, and labor markets; the global investment/financial markets; and the global preparticipation opportunity allocation. The essay then suggests how, with minimal if any departure from (...) familiar canons of traditional international legal mandate interpretation, each of the Bretton Woods institutions—particularly the GATT/WTO and the IMF—can be viewed at least in part as charged with the task of fostering equal treatment and ultimate market completion within one of those three realms. The piece then argues that one of the institutions in particular—the World Bank—has, for reasons of at best negligent and at worst willful injustice on the part of influential state actors in the world community, fallen farthest short in pursuit of what should be viewed as its proper mandate. The article accordingly concludes that a fuller empowerment of the Bank to effect its ideal mission will press the Bretton Woods system more nearly into ethical balance, and with it the world into justice; and that full empowerment of the GATT/WTO and IMF should be partly conditioned upon the fuller empowerment of the Bank. (shrink)

Finance orthodoxy views finance capital as privately supplied, inherently scarce, and limited to assets accumulated by rentiers and held in financial institutions to be “intermediated” between virtuous savers and needful end users. But this “intermediated scarce private capital” orthodoxy is false and profoundly antagonistic to both democracy and productive investment. This article offers a more accurate portrayal that captures the critical role the public plays in generating and allocating its own full faith and credit in monetized form. The financial system (...) then looks like a franchise arrangement in which the public is franchiser and the institutions dispensing its full faith and credit are its franchisees. A post-capital-scarcity account of publicly underwritten finance explicitly recognizes both the propriety and the necessity of the public’s taking an active role in modulating and allocating its credit aggregates across the economy it constitutes. (shrink)

It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to (...) recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in virtue of that which we distribute and equalize that our policy formulations treat us as politically “counting” or “mattering” for purposes of social aggregation and maximization. To attend systematically to this form of inter-translatability, with a view in particular to that which maximization formulations latently prescribe that we distribute and equalize, might be called “putting distribution first.” It is explicitly to recognize the fact that all law and policy are implicitly as equalizing and citizen-defining as they are aggregative and maximizing, and to trace the many salient consequences that stem from this fact. It is likewise to recognize that all law and policy treat us as equals in some respects and as non-equals in other respects. Putting distribution first by attending explicitly to these “respects” yields greater transparency about how well or poorly our laws and policies manage to identify, count, and treat us as equals in the right respects. This Article works to lay out with care how to put distribution first in normative legal and policy analysis. The payoffs include both a workable method by which to test proposed maximization norms systematically for their normative propriety, and an attractive distributive ethic that can serve as a workable normative touchstone for legal and policy analysis. Indeed, the Article concludes, much — though not yet quite all — of our law can illuminatingly be interpreted as giving inchoate expression to just such an ethic. (shrink)

In a survey of information theory and some of its implications, Warren Weaver has proposed a distinction between engineering noise and semantic noise. Ordinary Spanish usage reflects this distinction quite neatly. If A speaks to B and B responds with no entiendo, it means ‘I have not heard your words, because of interfering sound or lack of attention; please transmit the same message again’; if he responds with no comprendo, it means ‘I heard you all right, but what I heard (...) doesn't make sense; please paraphrase or explain.’ Channel noise, thus, is the responsible factor when that which leaves a transmitter is not that which reaches the receiver; semantic noise is a discrepancy between the codes used by transmitter and receiver. (shrink)

Many people recognize that governments can play salutary roles in relation to markets by “overseeing” market behavior from “above,” or supplying foundational “rules of the game” from “below.” It is probably no accident that these widely recognized roles also sit comfortably with traditional conceptions of government and market, pursuant to which people tend categorically to distinguish between “public” and “private” spheres of activity. There is a third form of government action that receives less attention than forms and, however, possibly owing (...) in part to its straddling the traditional public/private divide. We call it the “government as market actor” form, whereby government instrumentalities pursue traditionally “public” ends through traditionally “private” means. Inattention to this pervasive form of government action might signal a theoretical blind spot attending the public/private distinction itself. At least as importantly, however, this inattention also denies us a practical opportunity: it prevents our more fully exploiting the government role in question. This Article, part of a larger project, aims to encourage fuller theoretical appreciation and wider practical use of the role we identify. It first offers a provisional taxonomy of recurrent forms that the government market actor role appears to take, affording a wealth of illustrative case studies in so doing. It then envisions additional good that governments might do, simply by extending their market acting roles to spheres in which they have yet to be fully utilized. The Article concludes by suggesting next steps in both theorizing and employing the government market actor role. (shrink)

A familiar story about mid-twentieth-century American psychology tells of the replacement of behaviorism by cognitive science. Between these two, however, lay a borderland, muddy and much trespassed-upon. This paper relocates the origins of the Chomskyan program in linguistics there. Following his introduction of transformational generative grammar, Chomsky mounted a highly publicized attack on behaviorist psychology. Yet when he first developed that approach to grammar, he was a defender of behaviorism. His anti-behaviorism emerged only in the course of what became a (...) systematic repudiation of the work of the Cornell linguist C. F. Hockett. In the name of the positivist Unity-of-Science movement, Hockett had synthesized an approach to grammar based on statistical communication theory; a behaviorist view of language acquisition in children as a process of association and analogy; and an interest in uncovering the Darwinian origins of language. In criticizing Hockett on grammar, Chomsky came to engage gradually and critically with the whole Hockettian synthesis. Situating Chomsky thus within his own disciplinary matrix suggests lessons for students of disciplinary politics generally and – famously with Chomsky – the place of political discipline within a scientific life. (shrink)

The set of design features developed by Charles Hockett in the 1950s and 1960s remains probably the most influential means of juxtaposing animal communication with human language. However, the general theoretical perspective of Hockett is largely incompatible with that of modern language evolution research. Consequently, we argue that his classificatory system—while useful for some descriptive purposes—is of very limited use as a theoretical framework for evolutionary linguistics. We see this incompatibility as related to the ontology of language, i.e. (...) deriving from Hockett’s interest in language as a product rather than a suite of sensorimotor, cognitive and social abilities that enable the use but also acquisition of language by biological creatures. After a reconstruction of Hockett’s views on design features, we raise two criticisms: focus on the means at the expense of content and focus on the code itself rather than the cognitive abilities of its users. Finally, referring to empirical data, we illustrate some of the problems resulting from Hockett’s approach by addressing three specific points—namely arbitrariness and semanticity, cultural transmission, and displacement—and show how the change of perspective allows to overcome those difficulties. (shrink)

A classic example of the arbitrary relation between the way a word sounds and its meaning is that microorganism is a very long word that refers to a very small entity, whereas whale is a very short word that refers to something very big. This example, originally presented in Hockett's list of language's design features, has been often cited over the years, not only by those discussing the arbitrary nature of language, but also by researchers of sound symbolism. While (...) the two groups disagreed regarding the role of arbitrariness and sound symbolism in language, they both agreed there is a nonsound symbolic relation between word length and entity size in this case. This paper shows that the length of the words whale and microorganism in fact reflects a sound symbolic pattern. An analysis of >600 languages from >100 language families shows that languages use longer words to denote the concept small than they do to denote the concept big. The paper thus shows how explicit judgments might differ from implicit cognitive association and the problem of relying on these in sound symbolism research. (shrink)

The question: are humans the only animals endowed with language? must be preceded by the question: what makes language a unique communication system? The American linguist Charles F. Hockett answers the second question by listing what he considers the criteria that differentiate language from other communication systems. His ‘design-feature’ approach, first presented in 1958, has become a popular tool by which the communication systems of non-human animals are guaranteed a priori exclusion from the notion of language. However, the results (...) of interspecific communication research and the discovery of language–like qualities in the natural communication systems of non-human animals demonstrate that language capabilities have evolved in parallel in many species. Thus Hockett’s approach is thoroughly undermined, and in need of revision. The more fundamental question that must be faced by the design-feature approach is: are its features essential for language as a distinct and vivid phenomenon, or merely applied to language as an object of linguistic investigation? This paper offers a detailed overview of Hockett’s design-features and emphasizes the problematic nature of certain characteristics. Following Slobodchikoff and Segerdahl et al., the paper shows that language cannot be defined as an exclusive quality of a single species. (shrink)

The relation between “theory of language” and “language” is asymmetrical. There can be no theory of language without language, but it's perfectly coherent to hold that language exists in some form but that it is idle, even seriously misguided, to seek a theory of language. The two most outstanding theoreticians of “post‐Bloomfieldian” structural linguistics, Zellig Harris and Charles Hockett, adopted perspectives of the general nature in the mid‐1960s, in different and instructive ways. Hockett adopts the general American structuralist (...) consensus based on Leonard Bloomfield's conception of language as “a matter of training and habit”. Hockett describes his core objection as a demand to keep to the norms of science, part of the consensus of the Bloomfield‐based structural linguistics of which he was, as noted, the most sophisticated exponent. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

Robert C. Hockett’s “franchise view” argues, convincingly, that the capacity of banks or quasi-bank financial entities to create money rests on the laws, regulations, and guarantees of the state under which they operate. Fred Block advocates the use of this insight as a beachhead for establishing the legitimacy of locally embedded, nonprofit lenders whose investments would be dedicated to public purposes. However, given the pervasive influence of “everyday libertarianism,” which fosters blindness to the public character of private economic power, (...) this commentary warns of possible counterproductive consequences of this proposal unless it is fused to the democratization of central banking. An end to central bank independence would highlight the ineliminable role of the state in the market and make that role easier to reshape. It would also end the dynamic whereby monetary easing provides political cover for damaging fiscal austerity and thus lead to better democratic deliberation on the contours of policy. (shrink)

Historically, there has been little agreement between advocates of radical financial reform and socialist theoreticians. However, in the new circumstances of the twenty-first century, a productive synthesis of these two traditions might be possible. Drawing on the franchise model of credit creation elaborated by Robert C. Hockett and the dysfunctions created by the extreme concentration of private financial institutions, this article outlines a reform agenda that would both democratize finance and facilitate the flow of funds into valuable forms of (...) investment that are currently starved for resources. If the new institutions envisioned in this proposal were able to take root and expand, they could ultimately facilitate a transition to socialism, defined as the subordination of the market to democratic politics. (shrink)

The objective of this article is to clarify the conceptual domains of organizational identity, image, and reputation. To initiate this theory development process, we present a “social actor” conception of organizational identity. Identity-congruent definitions of image and reputation are then specified and an integrated model proposed. With the aid of this model, a structural flawin the organizational reputation literature is identified and suitable remedies proposed. In addition, the authors explore the implications of invoking identity and identification in explanations and justifications (...) of organizational reputation. (shrink)

Anistia e as Ambivalências do Cinismo- A ADPF 153 e Micropolíticas da Memória consiste em uma primeira aproximação da pesquisa dos problemas contemporâneos suscitados por um tema cujo aparente anacronismo revela progressivamente sua extemporânea atualidade- o da anistia no Brasil, suas consequências éticas e políticas na transição do Estado brasileiro, e de suas instituições à democracia. Estes estudos foram escritos na atmosfera do debate público suscitado por ocasião do julgamento da ADPF 153 - sob todos os aspectos - sua propositura, (...) pelo Conselho Federal da OAB, consistiu em um gesto simbólico com o potencial de reabrir internamente o debate jurídico, ético e político sobre os temas da anistia e da responsabilização de agentes de Estado, civis e militares, violadores de direitos humanos no Brasil. Decantados nos anos seguintes, os textos que apresentamos ao leitor foram revistos e ampliados à luz de alguns encontros e oportunidades para debater o tema em espaços de pesquisa e de divulgação acadêmica privilegiados. (shrink)

Background: The magnitude of bullying and harassment among psychiatrists is reportedly high, yet no peer-review published studies addressing this issue could be found. Therefore, it was decided to conduct a pilot study to assess the degree of the problem, the types of bullying/harassment and to provide some insights into the situation.Methods and Principal Findings: Following multiple focus group meetings, a yes/no response type questionnaire was developed to assess the degree and type of bullying and harassment experienced by psychiatrists. Over a (...) 3-month period the questionnaire was administered to a random sample of 60 psychiatrists. 57 out of the 60 psychiatrists reported harassment and bullying. Frequencies of the following response variables are presented in descending order: rumours 40% ; defamation 20% ; passing remarks 20% ; false accusations 15% ; threats 13.3% ; verbal abuse 13.3% ; unjustified complaints 13.3% ; promotion blocked 13.3% ; humiliation 13% ; bad reference given 10% ; credentials questioned 8.3% ; physical attacks 5% ; termination 5% ; derogatory remarks 1.7% and 1.7% were subjected to personal work. As a result of being subjected to harassment, 66.7% of the psychiatrists did not take any action, whereas 33.3% confronted the person they believed responsible. Asked whether the bullying and harassment caused distress, 18.3% of the psychiatrists did not report any effect, 30% reported mild distress, 40% moderate distress and severe distress was reported by 11.7%.Conclusions: It was concluded that the magnitude of bullying and harassment among psychiatrists may be quite high, as evidenced by this pilot study. There is a need for extensive systematic studies on this subject and to establish strategies to prevent and address this issue at a national and regulatory level. (shrink)

Not being satisfied with the interpretation offered by Sankara and his followers, or some other teachers the author has attempted in the following pages to present to the readers his own interpretation of the work as he has understood it. But in no way does he claim that his interpretation is the interpretation, i.e., the interpretation intended by Gaudapada himself. In the present volume the author has given a new edition of the text of the Agamasastra based on a number (...) of MSS and different editions, followed by an English translation. After this comes his annotation. At the end there are Appendixes including the text and English translation of the Mandukya Upanisad, VAriants of the MSS used for the edition of the text of the Agamasastra, and different indexes. (shrink)

The issue of democracy is alive once more. There is a growing number of works debating the current state of democracy both in theory and practice.1 In particular a pragmatist conception of democracy has also been revived. Not only has a Deweyan version of a participatory democracy become the focus but the intricacies of a Rortian version have also come to the forefront, from both sympathetic as well as critical viewpoints.2 Thus the impression that the contemporary world is in quite (...) an exigent need of reconsidering—and perhaps even forming a novel conception of—democracy seems to be obvious, at least from a global point of view.3 Moreover, the fact that the idea or ideal of democracy still seems to be .. (shrink)

Festschrift in honor of 60th birthday of Āgamānaṅdasvāmikaḷ, 1896-1961; collection of his speeches and writings on Vedanta and other aspects of Hindu philosophy.

In the present paper, we introduce new models of pendulum motions for two cases: the first model consists of a pendulum with mass M moving at the end of a string with a suspended point moving on an ellipse and the second one consists of a pendulum with mass M moving at the end of a spring with a suspended point on an ellipse. In both models, we use the Lagrangian functions for deriving the equations of motions. The derived equations (...) are reduced to a quasilinear system of the second order. We use a new mathematical technique named a large parameter method for solving both models’ systems. The analytical solutions are obtained in terms of the generalized coordinates. We use the numerical techniques represented by the fourth-order Runge–Kutta method to solve the autonomous system for both cases. The stabilities of the obtained solutions are studied using the phase diagram procedure. The obtained numerical solutions and analytical ones are compared to examine the accuracy of the mathematical and numerical techniques. The large parameter technique gives us the advantage to obtain the solutions at infinity in opposite with the famous Poincare’s method which was used by many outstanding scientists in the last two centuries. (shrink)

On the philosophy of death in Hindu traditions; study based on Mr̥tyupurāṇa of Svāmī Mr̥tyujayānanda.

Erratum to: Synthese DOI 10.1007/s11229-015-0705-5In line 3 of footnote 8 on page 4, ‘allow’ should be ‘disallow’.In line 8 of page 5, \ should be \ and \ should be \. Similarly for lines 1, 2, 3, 7, 8, 13 and 14 of page 6.The entry in row 20 column 6 of the table on page 5 should be 1 rather than 0.The entry \ in row 30 column 5 of the table on page 5 should be \.In line 27 (...) of page 13, ‘it’ should be ‘them’.Four lines from the end of section 12.3 on page 20, ‘premisses’ should be ‘premiss sets’, and .. (shrink)

The logical flow graphs of sequent calculus proofs might contain oriented cycles. For the predicate calculus the elimination of cycles might be non-elementary and this was shown in [Car96]. For the propositional calculus, we prove that if a proof of k lines contains n cycles then there exists an acyclic proof with O(k n+l ) lines. In particular, there is a polynomial time algorithm which eliminates cycles from a proof. These results are motivated by the search for general methods on (...) proving lower bounds on proof size and by the design of more efficient heuristic algorithms for proof search. (shrink)

On the theory of Teilhard de Chardin, P.

Background: Only data of published study results are available to the scientific community for further use such as informing future research and synthesis of available evidence. If study results are reported selectively, reporting bias and distortion of summarised estimates of effect or harm of treatments can occur. The publication and citation of results of clinical research conducted in Germany was studied.Methods: The protocols of clinical research projects submitted to the research ethics committee of the University of Freiburg in 2000 were (...) analysed. Published full articles in several databases were searched and investigators contacted. Data on study and publication characteristics were extracted from protocols and corresponding publications.Results: 299 study protocols were included. The most frequent study design was randomised controlled trial , followed by uncontrolled studies , laboratory studies and non-randomised studies . 182 were multicentre studies including 97 international collaborations. 152 of 299 had commercial funding and 46 non-commercial funding. 109 of the 225 completed protocols corresponded to at least one full publication ; the publication rate was 48%. 168 of 210 identified publications were cited in articles indexed in the ISI Web of Science. The median was 11 citations per publication .Conclusions: Results of German clinical research projects conducted are largely underreported. Barriers to successful publication need to be identified and appropriate measures taken. Close monitoring of projects until publication and adequate support provided to investigators may help remedy the prevailing underreporting of research. (shrink)