For Aristotle, virtues are neither transcendent nor universal, but socially interdependent; they need to be understood chronologically and with respect to character and context. This paper uses an Aristotelian lens to analyse an especially interesting context in which to study virtue—the state’s response when social order breaks down. During such periods, questions relating to right action by citizens, the state, and state agents are pronounced. To study this, we analyse data from interviews, observation, and documents gathered during a 3-year study (...) of riot policing in the U.K. In doing so, we contribute by joining a number of other conversations within JBE, suggesting detailed empirical examination of this context is useful in opening up considerations relevant to ‘virtue’ elsewhere. This extreme context helps us raise interesting and empirically informed questions that can encourage future theoretical and empirical contributions to virtue in business ethics. One such question is on the role of habituation in virtue, which is not just the inculcation of a reflex or automaticity, but can also refer to a trained and developed tendency to behave in the right way, for the right reasons, at the right time. Whilst we stop short of a simplistic alignment of habituation and virtue, we show ways in which it can inform understanding of both courage and phronēsis. (shrink)

Humeans and anti-Humeans agree that laws of nature should explain scientifically particular matters of fact. One objection to Humean accounts of laws contends that Humean laws cannot explain particular matters of fact because their explanations are harmfully circular. This article distinguishes between metaphysical and semantic characterizations of the circularity and argues for a new semantic version of the circularity objection. The new formulation suggests that Humean explanations are harmfully circular because the content of the sentences being explained is part of (...) the content of the sentences doing the explaining. I describe the nature of partial content and demonstrate how this account of partial content renders Humean explanations ineffective while sparing anti-Humean explanations from the same fate. 1Introduction2Standard Formulations of the Circularity Charge3Humean Responses4Semantic Characterizations of the Circularity Worry 4.1Hempel and Oppenheim’s semantic circularity concern4.2A new version of the semantic circularity charge4.3Partial content as a guide to circularity5Humean Responses to the Semantic Circularity Charge 5.1Smuggling in metaphysics through the back door?5.2Do anti-Humean laws fare any better?5.3The over-generalization concern6ConclusionAppendix. (shrink)

The main objective of this paper was to analyze gender representation in Mexican elementary education materials from 1960 to the present, particularly on the topic of human evolution, as this is a fundamental subject for the understanding of our ancestry as a species, and for its relationship with questions about human nature. Using gender as a category and an approach that included both qualitative and quantitative methods, a comparison of three generations of textbooks for elementary school and “monographs” was carried (...) out. The results show a deeply entrenched and systemic problems of gender representation in Mexican pedagogical tools past and present. (shrink)

Background: Since the passage of the Patient Self-Determination Act, numerous policy mandates and institutional measures have been implemented. It is unknown to what extent those measures have affected end-of-life care, particularly with regard to the do-not-resuscitate order.Methods: Retrospective cohort study to assess associations of the frequency and timing of DNR orders with advance directive status, patient demographics, physician’s specialty and extent of documentation of discussion on end-of-life care.Results: DNR orders were more frequent for patients on a medical service than on (...) a surgical service and were made earlier in the hospital stay for medicine than for surgical patients . 22.18% of all patients had some form of an advance directive in their chart, yet this variable had no impact on the frequency or timing of DNR ordering. Documentation of DNR discussion was significantly associated with the frequency of DNR orders and the time from DNR to death .Conclusions: The physician’s specialty continues to have a significant impact on the frequency and timing of DNR orders, while advance directive status still has no measurable impact. Additionally, documentation of end-of-life discussions is significantly associated with varying DNR ordering rates and timing. (shrink)

Although personal attributes have gained recognition as an important area of effective corporate governance, scholarship has largely overlooked the value and implications of individual virtue in governance practice. We explore how authenticity—a personal and morally significant virtue—affects the primary monitoring and strategy functions of the board of directors as well as core processes concerning director selection, cultivation, and enactment by the board. While the predominant focus in corporate governance research has been on structural factors that influence firm financial outcomes, this (...) paper shifts attention to the role of authenticity and its relationship to individual board member qualities and collective board activities. We explore how authenticity has the potential to influence board dynamics and decision making and to enhance transparency and accountability. (shrink)

Introduction -- Organization, society and politics -- An Aristotelian perspective -- The politics -- The public good -- The rhetoric -- Talk and texts -- The Nichomachean ethics -- Decision making and ethics -- The Poetics -- Bolshevism to ballet in three steps -- What is "public interest"?: a case study -- Where do we go from here?

As COVID-19 drags on and new vaccines promise widespread immunity, the world's attention has turned to predicting how the present pandemic will end. How do societies know when an epidemic is over and normal life can resume? What criteria and markers indicate such an end? Who has the insight, authority, and credibility to decipher these signs? Detailed research on past epidemics has demonstrated that they do not end suddenly; indeed, only rarely do the diseases in question actually end. This article (...) examines the ways in which scholars have identified and described the end stages of previous epidemics, pointing out that significantly less attention has been paid to these periods than to origins and climaxes. Analysis of the ends of epidemics illustrates that epidemics are as much social, political, and economic events as they are biological; the “end,” therefore, is as much a process of social and political negotiation as it is biomedical. Equally important, epidemics end at different times for different groups, both within one society and across regions. Multidisciplinary research into how epidemics end reveals how the end of an epidemic shifts according to perspective, whether temporal, geographic, or methodological. A multidisciplinary analysis of how epidemics end suggests that epidemics should therefore be framed not as linear narratives—from outbreak to intervention to termination—but within cycles of disease and with a multiplicity of endings. (shrink)

Identity and distinctness facts are ones like “The Eiffel Tower is identical to the Eiffel Tower,” and “The Eiffel Tower is distinct from the Louvre.” This paper concerns one question in the metaphysics of identity: Are identity and distinctness facts metaphysically fundamental or are they nonfundamental? I provide an overview of answers to this question.

The COVID-19 pandemic and its associated stressors have impacted the daily lives and sleeping patterns of many individuals, including university students. Dreams may provide insight into how the mind processes changing realities; dreams not only allow consolidation of new information, but may give the opportunity to creatively “play out” low-risk, hypothetical threat simulations. While there are studies that analyze dreams in high-stress situations, little is known of how the COVID-19 pandemic has impacted dreams of university students. The aim of this (...) study was to explore how the dream content of students was affected during the university COVID-19 lockdown period (March–July, 2020). Using online survey methods, we analyzed dream recall content (n= 71) using the Hall-Van de Castle dream coding system and Fisher's exact tests for sex comparisons. Preliminary results indicate that female students experienced more nightmares as compared to male students. Dream analysis found that, relative to normative American College Student (ACS) samples generated pre-COVID-19, women were more likely to experience aggressive interactions in their dream content, including increased physical aggression. Results indicate that university students did experience changes in dream content due to the pandemic lockdown period, with women disproportionally affected. These findings can aid universities in developing support programs for students by bringing forth an understanding of students' concerns and anxieties as they process the “new normal” of social distancing. (shrink)

I defend the following argument in this paper. Premise 1: Laws of nature are intrinsic to the universe. Premise 2: Humeanism maintains that laws of nature are extrinsic to the universe. Conclusion: Humeanism is false. This argument is inspired by John Hawthorne’s (2004) argument in “Why Humeans are out of their Minds”. My argument differs from his; Hawthorne focuses on Humean views of causation and how they interact with judgments about consciousness. He thinks Humeans are forced to treat certain mental (...) properties (insofar as they involve causal features) as extrinsic to conscious minds. I do not discuss causation or consciousness here. I focus on Humean accounts of laws. I argue that Humean laws are extrinsic to the entire universe. As such, Humeans are not just out of their minds; they are out of this world. I aim to show that premises 1 and 2 are well-supported and that denying either of them comes at a cost. Nevertheless, Humeans may prefer to reject 1 or 2 rather than give up Humeanism. Even if the Humean takes one of these routes, the argument above has philosophical import: it shows that Humeanism involves surprising commitments. (shrink)

Identity criteria are powerful tools for the metaphysician. They tell us when items are identical or distinct. Some varieties of identity criteria also try to explain in virtue of what items are identical or distinct. This Element has two objectives: to discuss formulations of identity criteria and to take a closer look at one notorious criterion of object identity, Leibniz's Law. The first section concerns the form of identity criteria. The second section concerns the better-regarded half of Leibniz's Law, the (...) indiscernibility of identicals. The third section turns to the more controversial half of Leibniz's Law, the identity of indiscernibles. The author considers alternatives to Leibniz's Law as well as the possibility that there are no adequate identity criteria to be found. (shrink)

I discuss Bennett's characterization of the "more fundamental than" relation.

Two experiments are reported that employed think-aloud methods to test predictions concerning relevance effects and rationalisation processes derivable from Evans' (1996) heuristic-analytic theory of the selection task. Evans' account proposes that card selections are triggered by relevance-determining heuristics, with analytic processing serving merely to rationalise heuristically cued decisions. As such, selected cards should be associated with more references to both their facing and their hidden sides than rejected cards, which are not subjected to analytic rationalisation. Experiment 1 used a standard (...) selection-task paradigm, with negative components permuted through abstract conditional rules. Support was found for all heuristic-analytic predictions. This evidence was shown to be robust in Experiment 2, where "select - don't select" decisions were enforced for all cards. Both experiments also clarify the role played by secondary heuristics in cueing the consideration of hidden card values during rationalisation. We suggest that whilst Evans' heuristic-analytic model and Oaksford and Chater's (e.g., 2003) optimal data selection model can provide compelling accounts of our protocol findings, the mental models theory fares less well as an explanation of our full dataset. (shrink)

Our aim in this article is to bring some clarity to the clinical ethics expertise debate by critiquing and replacing the taxonomy offered by the Core Competencies report. The orienting question for our taxonomy is: Can clinical ethicists offer justified, normative recommendations for active patient cases? Views that answer “no” are characterized as a “negative” view of clinical ethics expertise and are further differentiated based on (a) why they think ethicists cannot give justified normative recommendations and (b) what they think (...) ethicists can offer, if they cannot offer recommendations. Views that answer “yes” to the orienting question are characterized as a “positive” view of clinical ethics expertise. Positive views are distinguished according to four additional questions. First (P1), how are those recommendations generated? Second (P2), what is the nature of the recommendations? Third (P3), we ask, how are the recommendations justified? And finally (P4), how are the recommendations communicated? (shrink)

'When I play with my cat, who knows if I am not a pastime to her more than she is to me?' - Michel de Montaigne. Why do we live with pets? Is there something more to our relationship with them than simply companionship? What is it we look for in our pets and what does this say about us as human beings? In this fascinating book, Erica Fudge explores the nature of this most complex of relationships and the (...) difficulties of knowing what it is that one is living with when one chooses to share a home with an animal. Fudge argues that our capacity for compassion and ability to live alongside others is evident in our relationships with our pets, those paradoxical creatures who give us a sense of comfort and security while simultaneously troubling the categories human and animal. For what is a pet if it isn't a fully-fledged member of the human family? This book proposes that by crossing over these boundaries pets help construct who it is we think we are. Drawing on the works of modern writers, such as J. M. Coetzee, Elizabeth Marshall Thomas and Jacques Derrida, Fudge shows how pets have been used to think with and to undermine our easy conceptions of human, animal and home. Indeed, "Pets" shows our obsession with domestic animals that reveals many of the paradoxes, contra - dictions and ambiguities of life. Living with pets provides thought-provoking perspectives on our notions of possession and mastery, mutuality and cohabitation, love and dominance. We might think of pets as simply happy, loved additions to human homes but as this captivating book reveals perhaps it is the pets that make the home and without pets perhaps we might not be the humans we think we are. For anyone who has ever wondered, like Montaigne, what their cat is thinking, it will be illuminating reading. (shrink)

This paper revisits Fanon’s relationship with psychoanalysis, specifically Lacanian psychoanalysis, via a close reading of his rhetorics of childhood – primarily as mobilized by the ‘Look, a Negro!’ scenario from Black Skin, White Masks, the traumatogenic scene which installs the black man’s sense of alienation from his own body and his inferiority. While this scene has been much discussed, the role accorded the child in this has attracted little attention. This paper focuses on the role and positioning of the child (...) to reconsider Fanon’s ideas, in relation to his contribution to the social constitution of subjectivity, arguing that reading Fanon alongside both his citations of Lacan and some aspects of Lacanian theory opens up further interpretive possibilities in teasing out tensions in Fanon’s writing around models of subjectivity. Finally, it is argued that it is where Fanon retains an indeterminacy surrounding the child that he is most politically fruitful. (shrink)

What are the affordances of artifacts? One view is that the affordances of artifacts, just as the affordances of natural objects, pertain to possible ways in which they can be manipulated. Another view maintains that, given that artifacts are sociocultural objects, their affordances pertain primarily to their culturally-derived function. Whereas some have tried to provide a unifying notion of affordance to capture both aspects, here I argue that they should be kept separate. In this paper, I introduce a distinction between (...) standard affordances, which concern the function of artifacts, and ad-hoc affordances, which refer to how artifacts are manipulated. I then argue for the neuropsychological plausibility of such a distinction, linking it to the dissociation between function knowledge and manipulation knowledge. Finally, I defend the equal status of these forms of knowledge and, hence, of standard and ad-hoc affordances, and I show that this has some implications for the debate on the role of motor processes in the conceptual knowledge of artifacts. (shrink)

Contemporary semantic theories can be classified along two dimensions: (i) the way and time-course in which contextual factors influence sentence truth-conditions; and (ii) whether and to what extent comprehension involves sensory, motor and emotional processes. In order to explore this theoretical space, our ERP study investigates the time-course of the interaction between the lexically specified telic component of a noun (the function of the object to which the noun refers to, e.g., a funnel is generally used to pour liquids into (...) containers) and an ad-hoc affordance contextually induced by the situation described in the discourse. We found that, if preceded by a neutral discourse context, a verb incongruent with the noun’s telic component as in “She uses the funnel to hang her coat” elicited an enhanced N400 compared to a congruent verb as in “She uses the funnel to pour water into a container”. However, if the situation introduced in the preceding discourse induced a new function for the object as an ad-hoc affordance (e.g., the funnel is glued to the wall and the agent wants to hang the coat), we observed a crossing-over regarding the direction of the N400 effect: comparing the ad-hoc affordance-inducing context with the neutral context, the N400 for the incongruent verb was significantly reduced, whereas the N400 for the congruent verb was significantly enhanced. We explain these results as a consequence of the incorporation of the contextually triggered ad-hoc affordance into the meaning of the noun. Combining these results with an analysis of semantic similarity values between test sentences and contexts, we argue that one possibility is that the incorporation of an ad-hoc affordance may be explained on the basis of the mental simulation of concurrent motor information. (shrink)

In contrast to eudaimonism, Kant argues that moral reasoning and prudential reasoning are two distinct uses of practical reason, each with its own standard for good action. Despite Kant’s commitment to the ineradicable potential for fundamental conflict between these types of practical reasoning, I argue that once we shift to consideration of a developmental narrative of these faculties, we see that virtuous moral reasoning is able to substantively influence prudential reasoning, while prudential reason should be responsive to such influence. Further, (...) Kant indicates the integration of virtue as a commitment concerning practical priorities, and so too what should and should not agree with the agent, is beneficial for prudential reasoning by prudential reasoning’s own standards. Although Kant’s ethical system breaks from eudaimonism in significant ways, it retains the eudaimonist claim that virtuously-informed pursuits of happiness are not only better for virtue, but also better for happiness. (shrink)

At the conclusion of their 1968 report, the Harvard Ad Hoc Committee argued that “responsible medical opinion” was ready to accept severe and permanent neurologic injury as a new criterion for deat...

This article argues that while the presence and influence of “futility” as a concept in medical decision-making has declined over the past decade, medicine is seeing the rise of a new concept with similar features: suffering. Like futility, suffering may appear to have a consistent meaning, but in actuality, the concept is colloquially invoked to refer to very different experiences. Like “futility,” claims of patient “suffering” have been used (perhaps sometimes consciously, but most often unconsciously) to smuggle value judgments about (...) quality of life into decision-making. And like “futility,” it would behoove us to recognize the need for new, clearer terminology. This article will focus specifically on secondhand claims of patient suffering in pediatrics, but the conclusions could be similarly applied to medical decisions for adults being made by surrogate decision-makers. While I will argue that suffering, like futility, is not sufficient wholesale justification for making unilateral treatment decisions, I will also argue that claims of patient suffering cannot be ignored, and that they almost always deserve some kind of response. In the final section, I offer practical suggestions for how to respond to claims of patient suffering. (shrink)

A key distinction in ethics is between members and nonmembers of the moral community. Over time, our notion of this community has expanded as we have moved from a rationality criterion to a sentience criterion for membership. I argue that a sentience criterion is insufficient to accommodate all members of the moral community; the true underlying criterion can be understood in terms of whether a being has interests. This may be extended to conscious, self-aware machines, as well as to any (...) autonomous intelligent machines. Such machines exhibit an ability to formulate desires for the course of their own existence; this gives them basic moral standing. While not all machines display autonomy, those which do must be treated as moral patients; to ignore their claims to moral recognition is to repeat past errors. I thus urge moral generosity with respect to the ethical claims of intelligent machines. (shrink)

This article seeks to establish that the social sciences have an important contribution to make to the study of ethics. The discussion is framed around three questions: (i) what theoretical work can the social sciences contribute to the understanding of ethics? (ii) what empirical work can the social sciences contribute to the understanding of ethics? And (iii) how does this theoretical and empirical work combine, to enhance the understanding of how ethics, as a field of analysis and debate, is socially (...) constituted and situated? Through these questions the argument goes beyond the now commonly cited objection to the over‐simplistic division between normative and descriptive ethics (that assigns the social sciences the ‘handmaiden’ role of simply providing the ‘facts’). In extending this argument, this article seeks to establish, more firmly and in more detail, that: (a) the social sciences have a longstanding theoretical interest analysing the role that a concern with ethics plays in explanations of social change, social organisation and social action; (b) the explanations that are based on the empirical investigations conducted by social scientists exemplify the interplay of epistemological and methodological analyses so that our understanding of particular substantive issues is extended beyond the conventional questions raised by ethicists, and (c) through this combination of theoretical and empirical work, social scientists go beyond the specific ethical questions of particular practices to enquire further into the social processes that lie behind the very designation of certain matters as being ‘ethical issues’. (shrink)

The paper describes an innovative structured workshop methodology in garden-based-learning called “Nature in Your Face” aimed at provoking a change in citizens behavior and engagement as a consequence of the emotional activation in response to disruptive artistic messages. The methodology challenges the assumption that the change needed to meet the carbon targets can be reached with incremental, non-invasive behavior engineering techniques such as nudging or gamification. Instead, it explores the potential of disruptive communication to push citizens out of their comfort (...) zones and into creative modes of re-creating futures. This is done by confronting us with consequences of consumption by means of art and eco-visualizations. The aim being to achieve awareness, mental flexibility, and spurring debate. Thus, we invite them to react – and act upon these reactions by communicating their feelings or thoughts. This is used as an entrance point for broader and/or deeper engagement in a structured three-step methodology; Framing: A disruptive element is introduced into the local environment. This triggers an emotional reaction, which then is taken up in a process of framing the problem and working with solutions. Twisting: in a guided process, the initial energy from the emotional confrontation is twisted into a creative exploration of innovative solutions, from the perspective of the children. Using: The last stage is using the developed solutions in the local social system. The methodology is being applied in cooperation with a primary school, and is iteratively adjusted and evaluated in a formative, action-research based approach scenario. NiYF is to stimulate societal engagement through deliberately confronting stakeholders with unexpected and potentially upsetting appearances of nature, climate effects, or carbon-neutral lifestyle scenarios. We have verified the practical usefulness and potential of the methodology and found that NiYF triggers societal engagement and transition, negotiating responsibilities and unlocking action potentials. We also found that eco-anxiety, denial, self-efficacy and cognitive dissonance form children’s understanding of plastic. The project marks a paradigm shift from creating knowledge to using knowledge to create action, and a focus on learning from evaluating and adapting the approach in the field. (shrink)

Benner, Erica. Machiavelli’s Ethics. Princeton, 2009. 527p bibl index afp; ISBN 9780691141763, $75.00; ISBN 9780691141770 pbk, $35.00.

Reviewed in CHOICE, April 2010

This major new study of Machiavelli’s moral and political philosophy by Benner (Yale) argues that most readings of Machiavelli suffer from a failure to appreciate his debt to Greek sources, particularly the Socratic tradition of moral and political philosophy. Benner argues that when read in the light of his Greek sources, Machiavelli appears as much less the immoralist or (...) sophist he often is taken for and instead as a serious moral philosopher very much concerned with the republican ideals of justice and the rule of law. The author does not ignore Machiavelli’s more infamous dicta, but argues that a careful reading shows that they are expressions of views he ultimately rejects. Particularly noteworthy here is her careful attention to Machiavelli’s Florentine Histories.
Benner’s reading of Machiavelli is far too complex and subtle for such a brief summary. Her research is meticulous and her arguments finely honed. This important contribution to both Machiavelli studies and the history of political philosophy will be indispensable for scholars.
Summing Up: Highly recommended. Graduate students and faculty/researchers. — B. T. Harding

Endorsements:

"Machiavelli's Ethics is a superb scholarly book. Erica Benner does truly impressive work in analyzing Machiavelli's views on the most fundamental ethical issues--including necessity and virtue, justice and injustice, and ends and means. She shows, with very solid evidence, that Machiavelli did in fact worry a lot about justice and that he put it at the core of his republican theory."--Maurizio Viroli, author of Niccolò's Smile: A Biography of Machiavelli

"Machiavelli's Ethics is excellent--learned, subtle, highly original, and a constant pleasure to read. And, since it is really a study of Machiavelli's thought in its entirety, it is also the first book of its kind. Its originality lies in taking seriously the claim by some sixteenth- and seventeenth-century readers--notably Bacon, Spinoza, and Alberico Gentili--that Machiavelli was essentially a moral and political philosopher. Erica Benner does a brilliant job of resurrecting this neglected Machiavelli."--Giulia Sissa, University of California, Los Angeles


About the book, from the publisher:
Machiavelli's Ethics challenges the most entrenched understandings of Machiavelli, arguing that he was a moral and political philosopher who consistently favored the rule of law over that of men, that he had a coherent theory of justice, and that he did not defend the "Machiavellian" maxim that the ends justify the means. By carefully reconstructing the principled foundations of his political theory, Erica Benner gives the most complete account yet of Machiavelli's thought. She argues that his difficult and puzzling style of writing owes far more to ancient Greek sources than is usually recognized, as does his chief aim: to teach readers not how to produce deceptive political appearances and rhetoric, but how to see through them. Drawing on a close reading of Greek authors--including Thucydides, Xenophon, Plato, and Plutarch--Benner identifies a powerful and neglected key to understanding Machiavelli.

This important new interpretation is based on the most comprehensive study of Machiavelli's writings to date, including a detailed examination of all of his major works: The Prince, The Discourses, The Art of War, and Florentine Histories. It helps explain why readers such as Bacon and Rousseau could see Machiavelli as a fellow moral philosopher, and how they could view The Prince as an ethical and republican text. By identifying a rigorous structure of principles behind Machiavelli's historical examples, the book should also open up fresh debates about his relationship to later philosophers, including Rousseau, Hobbes, and Kant.
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This article enumerates and critically examines the potential grounds on which we might treat the case of a patient with an advance directive who attempted suicide, differently from one whose injuries were the result of an accident. Grounds for differentiation are distilled into two potential justifications. The first addresses the concern that withholding or withdrawing care from a patient with self-inflicted injuries would be aiding and abetting suicide. The second examines concerns about the patient’s decisionmaking capacity. Ultimately, it is argued (...) that while there might be legitimate reasons to hold the advance directive of a suicidal patient to a different standard of scrutiny, the fact that the patient’s medical state was self-inflicted should not, in and of itself, necessarily invalidate the guidance of the directive. Finally, four practical recommendations are offered for negotiating similar cases. (shrink)

Brain-computer interfaces (BCIs) are being investigated as an access pathway to communication for individuals with physical disabilities, as the technology obviates the need for voluntary motor control. However, to date, minimal research has investigated the use of BCIs for children. Traditional BCI communication paradigms may be suboptimal given that children with physical disabilities may face delays in cognitive development and acquisition of literacy skills. Instead, in this study we explored emotional state as an alternative access pathway to communication. We developed (...) a pediatric BCI to identify positive and negative emotional states from changes in hemodynamic activity of the prefrontal cortex (PFC). To train and test the BCI, 10 neurotypical children aged 8–14 underwent a series of emotion-induction trials over four experimental sessions (one offline, three online) while their brain activity was measured with functional near-infrared spectroscopy (fNIRS). Visual neurofeedback was used to assist participants in regulating their emotional states and modulating their hemodynamic activity in response to the affective stimuli. Child-specific linear discriminant classifiers were trained on cumulatively available data from previous sessions and adaptively updated throughout each session. Average online valence classification exceeded chance across participants by the last two online sessions (with 7 and 8 of the 10 participants performing better than chance, respectively, in Sessions 3 and 4). There was a small significant positive correlation with online BCI performance and age, suggesting older participants were more successful at regulating their emotional state and/or brain activity. Variability was seen across participants in regards to BCI performance, hemodynamic response, and discriminatory features and channels. Retrospective offline analyses yielded accuracies comparable to those reported in adult affective BCI studies using fNIRS. Affective fNIRS-BCIs appear to be feasible for school-aged children, but to further gauge the practical potential of this type of BCI, replication with more training sessions, larger sample sizes, and end-users with disabilities is necessary. (shrink)

This Article discusses the impact of the international financial crisis on Brazilian capital markets. While the banking industry was not severely affected, leading nonfinancial corporations experienced severe financial turmoil. Two Brazilian corporations cross-listed in the United States - Sadia S.A. and Aracruz Celulose S.A. - suffered billion-dollar losses when the Brazilian real unexpectedly plummeted in relation to the dollar. Despite earlier disclosure that these companies had engaged only in pure hedging activity, these great losses were found to be the result (...) of their highly speculative trading in currencyderivatives. Consequently, several private lawsuits were filed both in the United States and in Brazil. This Article takes a novel approach to the transnational securities litigation debate by examining the particular consequences of private litigation in a developed and in an emerging country. It compares the types of lawsuits filed and their final outcomes. Despite substantially similar alleged wrongdoing, the outcomes for securities holders in each jurisdiction contrast strikingly. Only U.S. investors of both companies were able to obtain substantial financial recoveries; Brazilian investors obtained none. This Article examines the reasons behind these discrepant results and the consequent economic distributional effects on global securities markets after the U.S. Supreme Court decision in Morrison. The Article argues that Morrison aggravates such shareholder cross-border non pro rata compensation and transfers of company value from foreign to U.S. investors. It identifies a set of costs borne by foreign investors, and so far neglected by scholars, as a consequence of the current status of U.S. and international securities law regimes. These costs are the result not only of the typical “circularity problem” in securities litigation, but also of a “double circularity problem” as they fall on foreign shareholders who also suffered equivalent damages to those experienced by the U.S. class being compensated. The Article then discusses potential policy reforms for fixing transnational securities litigation. (shrink)

Dans son nouveau livre, Marie-Paule Ha bouleverse les idées reçues sur le rôle des Françaises dans les colonies. Se concentrant sur l’Indochine, Ha affirme que les femmes françaises n’ont pas tracé une ligne de démarcation stricte entre les colonisateurs et les colonisés. Elles ont bien plutôt inventé des façons diverses de vivre aux colonies, en fonction de leur position sociale, de leur privilèges de « race » et de leur accès à l’administration coloniale. Dans l’introduction, M.-P. Ha situe...