Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law's role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. However, their use in this way predicates some arrangement for stipulating which parties will have control under which circumstances. It is argued (...) that ‘property rules’—a category whose scope is determined functionally—protect the entitlements of parties to such sharing arrangements against each other's opportunistic attempts to grant conflicting entitlements to third parties. At the same time, the legal system uses a range of strategies to minimize the costs such protection imposes on third parties. The choice of strategy significantly affects co-owners’ freedom to customize their control-sharing arrangements. This theory is applied to give an account of the ‘proprietary foundations’ of corporate law, which has significant implications for the way in which the subject's functions are understood and evaluated. (shrink)

_Metaphysics: A Contemporary Introduction_ is for students who have already completed an introductory philosophy course and need a fresh look at the central topics in the core subject of metaphysics. It is essential reading for any student of the subject. This Fourth Edition is revised and updated and includes two new chapters on Parts and Wholes, and Metaphysical Indeterminacy or vagueness. This new edition also keeps the user-friendly format, the chapter overviews summarizing the main topics, concrete examples to clarify difficult (...) concepts, annotated further reading at the end of each chapter, endnotes, and a full bibliography. Topics addressed include: the problem of universals the nature of abstract entities the problem of individuation the nature of modality identity through time the nature of time the nature of parts and wholes the problem of metaphysical indeterminacy the Realism/anti-Realism debate. Wherever possible, Michael J. Loux and Thomas M. Crisp relate contemporary views to their classical sources in the history of philosophy. As experienced teachers of philosophy and important contributors to recent debates, Loux and Crisp are uniquely qualified to write this book. (shrink)

New pedagogical visions and technological developments have brought argumentation to the fore of educational practice. Whereas students previously 'learned to 'argue', they now 'argue to learn': collaborative argumentation-based learning has become a popular and valuable pedagogical technique, across a variety of tasks and disciplines. Researchers have explored the conditions under which arguing to learn is successful, have described some of its learning potentials and have developed Internet-based tools to support such learning. However, the further advancement of this field presently faces (...) several problems, which the present book addresses. Three dimensions of analysis - historical, theoretical and empirical - are integrated throughout the book. Given the nature of its object of study - dialogue, interaction, argumentation, learning and teaching - the book is resolutely multidisciplinary, drawing on research on learning in educational and psychological sciences, as well as on philosophical and linguistic theories of dialogue and argumentation. (shrink)

When phylogenetic trees constructed from morphological and molecular evidence disagree (i.e. are incongruent) it has been suggested that the differences are spurious or that the molecular results should be preferred a priori. Comparing trees can increase confidence (congruence), or demonstrate that at least one tree is incorrect (incongruence). Statistical analyses of 181 molecular and 49 morphological trees shows that incongruence is greater between than within the morphological and molecular partitions, and this difference is significant for the molecular partition. Because the (...) level of incongruence between a pair of trees gives a minimum bound on how much error is present in the two trees, our results indicate that the level of error may be underestimated by congruence within partitions. Thus comparisons between morphological and molecular trees are particularly useful for detecting this incongruence (spurious or otherwise). Molecular trees have higher average congruence than morphological trees, but the difference is not significant, and both within- and between-partition incongruence is much lower than expected by chance alone. Our results suggest that both molecular and morphological trees are, in general, useful approximations of a common underlying phylogeny and thus, when molecules and morphology clash, molecular phylogenies should not be considered more reliable a priori. (shrink)

Recently, there has been a convergence of fields studying the processing of DNA, such as transcription, replication, and repair. This convergence has been centered around the packaging of DNA in chromatin. Chromatin structure affects all aspects of DNA processing because it modulates access of proteins to DNA. Therefore, a central theme has become the mechanism(s) for accessing DNA in chromatin. It seems likely that mechanisms involved in one of these processes may also be used in others. For example, the discovery (...) of transcriptional coactivators with histone acetyltransferase activity and chromatin remodeling complexes has provided possible mechanisms required for efficient repair of DNA in chromatin. BioEssays 21:596–603, 1999. © 1999 John Wiley & Sons, Inc. (shrink)

This is a collection of articles on two central topics in epistemology: certainty and surfaces. Of the ten articles, four discuss Avrum Stroll's Surfaces. The topics explored have been the subject of intense philosophical debate since ancient times.

The proper role of religious faith in the public life of a liberal democracy is one of the most important and controversial issues in the United States today. Since the publication in 1991 of his book Love and Power, Michael J. Perry's important writings on this issue have been among the most insightful. In this new book, Perry argues that political reliance on religious faith violates neither the Establishment Clause of the United States Constitution nor, more broadly, the morality (...) of liberal democracy. Nonetheless, Perry argues, religious believers sometimes have good reasons to be wary about relying on religious beliefs in making political decisions. Along the way, Perry thoughtfully addresses three subjects at the center of fierce contemporary political debate: school vouchers, same-sex marriage, and abortion. (shrink)

The objective of this article is to examine the nature of individual and social responses to the nuclear threat from psychological and sociological perspectives on ignorance. It is argued that a constructed and managed ignorance concerning the nuclear threat serves many functions, structuring an individual and social reality which is reassuring, meaningful, and both individually and collectively self-serving. A sociology of ignorance framework is employed to articulate the possible benefits of “not knowing about” and collaboratively “not dealing with” the nuclear (...) threat, as well as to define the longer-term costs of ignoring this threat. The distinctive roles played by various kinds of ignorance regarding this important issue are investigated, and the conventional wisdom that knowledge of the consequences of a nuclear war is the only way to prevent its occurrence is challenged. (shrink)

High quality learning is extensive, well integrated, deep, and supports the use of knowledge in new situations that require adaptation of what has been learned previously. This book reviews current research on the nature of high quality learning and the factors that facilitate or inhibit it. The book addresses relationships between quality of learning and learners' dispositions, teaching methods, cognitive strategies, assessment and technologies that can support learning. The chapters provide theoretical analyses, reports of classroom research, and suggestions for practical (...) application for both teachers and learners. The book will be of value to teachers at all levels of education and provides guidance for students about how to approach classroom tasks in order to develop high quality learning. (shrink)

Many distinct, controvertial issues are to be found within the labyrinthine\ntwists and turns of the problem of evil. For philosophers of the\nseventeenth and early eighteenth centures, evil presented a challenge\nto the consistency and rationality of the world-picture disclosed\nby the new way of ideas. In dealing with this challenge, however,\nphilosophers were also concerned with their positions in the theological\ndebates about original sin, free will, and justification that were\nthe legacy of the Protestant Reformation to European intellectual\nlife. Emerging from a conference on the (...) problem of evil in the early\nmodern period held at the University of Toronto in 1999, the papers\nin this collection represent some of the best original work being\ndone today on the theodicies of such early modern philosophers as\nLeibniz, Suarez, Spinoza, Malebranche, and Pierre Bayle. (shrink)

This paper examines the concept of ‘openness with patients’ from the stand-point of the limitations of biomedical ethics. Initially we review contemporary critiques of bioethics and, in particular, of principlism; we relate how other; somewhat neglected, forms of medical ethics can yield useful information and provide moral guidance. The main section of the paper then shows how a bioethical approach to openness misses the social context in our example, the viewpoints of patients; we present some of the increasing wealth of (...) research evidence which points towards patients wanting more information and a greater degree of openness. (shrink)

We suggest that the phenomenon of uncertainty monitoring in nonhuman animals contributes richly to the conception of nonhuman animals' self-monitoring. We propose that uncertainty may play a role in the emergence of new forms of behavior that are adaptive. We recommend that Smith et al. determine the extent to which the uncertain response transfers immediately to other test paradigms.

The idea that immoral behaviour can sometimes be admirable, and that moral behaviour can sometimes be less than admirable, has led several of its supporters to infer that moral considerations are not always overriding, contrary to what has been traditionally maintained. In this paper I shall challenge this inference. My purpose in doing so is to expose and acknowledge something that has been inadequately appreciated, namely, the moral aspect of nonmoral goods and evils. I hope thereby to show that, even (...) if immorality can be admirable, this poses no threat to morality. (shrink)

Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...) question of what responsibility we bear for our choices. Michael Zimmerman claims that our ignorance has an important bearing on both questions, and offers an account of moral obligation and moral responsibility that is sharply at odds with the prevailing wisdom. His book will be of interest to a wide range of readers in ethics. (shrink)

Michael J. Zimmerman explores whether and how our ignorance about ourselves and our circumstances affects what our moral obligations and moral rights are. He rejects objective and subjective views of the nature of moral obligation, and presents a new case for a 'prospective' view.

At the heart of ethics reside the concepts of good and bad; they are at work when we assess whether a person is virtuous or vicious, an act right or wrong, a decision defensible or indefensible, a goal desirable or undesirable. But there are many varieties of goodness and badness. At their core lie intrinsic goodness and badness, the sort of value that something has for its own sake. It is in virtue of intrinsic value that other types of value (...) may be understood, and hence that we can begin to come to terms with questions of virtue and vice, right and wrong, and so on. This book investigates the nature of intrinsic value: just what it is for something to be valuable for its own sake, just what sort of thing can have such value, just how such a value is to be computed. In the final chapter, the fruits of this investigation are applied to a discussion of pleasure, pain, and displeasure and also of moral virtue and vice, in order to determine just what value lies within these phenomena. (shrink)

In _The Immorality of Punishment_ Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put (...) into practice alternative means of preventing crime and promoting social stability. (shrink)

University of North Carolina at Greensboro Greensboro, NC 27402-6170, USA.

This book presents a detailed analysis of three ancient models of spatial magnitude, time, and local motion. The Aristotelian model is presented as an application of the ancient, geometrically orthodox conception of extension to the physical world. The other two models, which represent departures from mathematical orthodoxy, are a "quantum" model of spatial magnitude, and a Stoic model, according to which limit entities such as points, edges, and surfaces do not exist in (physical) reality. The book is unique in its (...) discussion of these ancient models within the context of later philosophical, scientific, and mathematical developments. (shrink)

This chapter discusses the nature of and relation between value and normativity. Words such as “good” and “bad” give expression to value, while words such as “right,” “wrong,” “ought,” and “reason” give expression to normativity. Some philosophers hold the view that value is to be understood in terms of normativity, others hold the view that normativity is to be understood in terms of value. This chapter examines both views, explaining how each is plausible and yet also problematic.

Many philosophers hold that whether an act is overall morally obligatory is an ‘objective’ matter, many that it is a ‘subjective’ matter, and some that it is both. The idea that it is or can be both may seem to promise a helpful answer to the question ‘What ought I to do when I do not know what I ought to do?’ In this article, three broad views are distinguished regarding what it is that obligation essentially concerns: the maximization of (...) actual value, the maximization of expected value, and the perceived maximization of actual value. The first and third views are rejected; the second view is then refined and defended. The unfortunate upshot is that there may be no very helpful answer to the question just mentioned. As to the question posed in the title of the article, the answer unsurprisingly depends on what ‘objective’ and ‘subjective’ are taken to mean. (Published Online November 24 2006). (shrink)

Many philosophers endorse the idea that there can be no moral responsibility without a moral community and thus hold that such responsibility is essentially interpersonal. In this paper, various interpretations of this idea are distinguished, and it is argued that no interpretation of it captures a significant truth. The popular view that moral responsibility consists in answerability is discussed and dismissed. The even more popular view that such responsibility consists in susceptibility to the reactive attitudes is also discussed, and it (...) is argued that this view at best supports only an etiolated interpretation of the idea that moral responsibility is essentially interpersonal. (shrink)

Part of a book symposium on Fred Feldman's *Pleasure and the Good Life*.

What's wrong with designer children, bionic athletes, and genetic engineering.

Advances in science are the combined result of the efforts of a great many scientists, and in many cases, their willingness to share the products of their research. These products include data sets, both small and large, and unique research resources not commercially available, such as cell lines and software programs. The sharing of these resources enhances both the scope and the depth of research, while making more efficient use of time and money. However, sharing is not without costs, many (...) of which are borne by the individual who develops the research resource. Sharing, for example, reduces the uniqueness of the resources available to a scientist, potentially influencing the originator’s perceived productivity and ultimately his or her competitiveness for jobs, promotions, and grants. Nevertheless, for most researchers—particularly those using public funds—sharing is no longer optional but must be considered an obligation to science, the funding agency, and ultimately society at large. Most funding agencies, journals, and professional societies now require a researcher who has published work involving a unique resource to make that resource available to other investigators. Changes could be implemented to mitigate some of the costs. The creator of the resource could explore the possibility of collaborating with those who request it. In addition, institutions that employ and fund researchers could change their policies and practices to make sharing a more attractive and viable option. For example, when evaluating an individual’s productivity, institutions could provide credit for the impact a researcher has had on their field through the provision of their unique resources to other investigators, regardless of whether that impact is reflected in the researcher’s list of publications. In addition, increased funding for the development and maintenance of user-friendly public repositories for data and research resources would also help to reduce barriers to sharing by minimizing the time, effort, and funding needed by individual investigators to comply with requests for their unique resource. Indeed, sharing is an imperative, but it is also essential to find ways to protect for both the original owner of the resource and those wishing to share it. (shrink)

Researchers misunderstand their role in creating ethical problems when they allow dogmas to purportedly divorce scientists and scientific practices from the values that they embody. Cortina, Edwards, and Powell help us clarify and further develop our position by responding to our critique of, and alternatives to, this misleading separation. In this rebuttal, we explore how the desire to achieve the separation of facts and values is unscientific on the very terms endorsed by its advocates—this separation is refuted by empirical observation. (...) We show that positivists like Cortina and Edwards offer no rigorous theoretical or empirical justifications to substantiate their claims, let alone critique ours. Following Powell, we point to how classical pragmatism understands ‘purpose’ in scientific pursuits while also providing an alternative to the dogmas of positivism and related philosophical positions. In place of dogmatic, unscientific cries about an abstract and therefore always-unobservable ‘reality,’ we invite all organizational scholars to join us in shifting the discussion about quantitative research towards empirically grounded scientific inquiry. This makes the ethics of actual people and their practices central to quantitative research, including the thoughts, discourses, and behaviors of researchers who are always in particular places doing particular things. We propose that quantitative researchers can thus start to think about their research practices as a kind of work, rather than having the status of a kind of dogma. We conclude with some implications that this has for future research and education, including the relevance of research and research methods. (shrink)

In this book I address a dichotomy that is as central as any in ontology - that between ordinary objects or substances and the various attributes (Le., properties, kinds, and relations) we associate with them. My aim is to arrive at the correct philosophical account of each member of the dichotomy. What I shall argue is that the various attempts to understand substances or attri butes in reductive terms fail. Talk about attributes, I shall try to show, is just that (...) - talk about attributes; and, likewise, talk about substances is just tha- talk about substances. The result is what many will find a strange combina tion of views - a Platonistic theory of attributes, where attributes are univer sals or multiply exemplifiable entities whose existence is independent of "the world of flux", and an Aristotelian theory of substance, where substances are basic unities not reducible to metaphysically more fundamental kinds of things. Part One is concerned with the ontology of attributes. After distinguishing three different patterns of metaphysical thinking about attributes, I examine, in turn, the phenomena of predication, resemblance, and higher order quanti fication. I argue that none of these phenomena by itself is sufficient to establish the inescapability of a Platonistic interpretation of attributes. Then, I discuss the phenomenon of abstract reference as it is exhibited in the use of abstract singular terms. (shrink)