has to do with the acquisition of encyclopedic knowledge.

In “The Choice Theory of Contracts,” we explain contractual freedom and celebrate the plurality of contract types. Here, we reply to critics by refining choice theory and showing how it fits and shapes what we term the “Contract Canon”. I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge with choice theory. (2) Nathan Oman argues for a commerce-enhancing account of autonomy. We counter that he arbitrarily slights noncommercial spheres central to human (...) interaction. (3) Yitzhak Benbaji suggests that choice theory’s commitment to autonomy is overly perfectionist. Happily, in response to Benbaji, we can cite with approval Charles Fried’s point that contract types are “enabling our liberties.” II. Choice. (4) Aditi Bagchi criticizes our inattention to impediments to choice. We show how choice theory’s commitments to both multiplicity and relational justice ameliorate these impediments. (5) Gregory Klass explores parol evidence to highlight the mechanisms of choice. We substantially concur with his position, and show how such mechanisms can ensure voluntariness, an essential element of choice. (6) Oren Bar-Gill and Clayton Gillette question the institutional capacity of existing legal actors to implement choice theory. Working from the example of cohabitation, we offer a somewhat more optimistic view. III. Contracts. (7) Peter Benson contends our focus on the rational slights the reasonable. Although we did not use this Rawlsian vocabulary, choice theory complies with its strictures — more so than transfer theory. (8) Daniel Markovits and Alan Schwartz claim provocatively that contract theory must: capitulate before pluralism (as they endorse); leverage it; or fall victim to a so-called “embracing” approach (their charge against us). We reject the charge that choice theory is foundationally value-pluralist. Instead, we cabin pluralism and put it to work. (9) The Contract Canon starts on the next big step for choice theory by explaining existing doctrine (rebutting Benson on lack of fit) and helping adjudicate contract practice (countering Markovits and Schwartz on the vices of our pluralism). Each Article in this Issue advances the field; each prompts us to refine choice theory — all steps, we hope, toward a more just and justified law of contract. (shrink)

Smith et al. demonstrate the viability of animal metacognition research. We commend their effort and suggest three avenues of research. The first concerns whether animals are explicitly aware of their metacognitive processes. The second asks whether animals have metaknowledge of their own uncertain responses. The third issue concerns the monitoring/control distinction. We suggest some ways in which these issues elucidate metacognitive processes in nonhuman animals.

Over the past year the debate over physician-assisted death has been waged in several courts and legislatures, and before at least one electorate as well. Measure 16, the Oregon Death With Dignity initiative that would permit physician-assisted suicide in some circumstances, was approved by the electorate; but it remains on hold while a permanent injunction issued against it by a Federal judge is reviewed by the United States Court of Appeals. Another Federal court judge's decision that the Washington statute criminalizing (...) physician-assisted suicide was unconstitutional when applied to the case of a competent terminally ill patient in intractable pain, was reversed by a three judge panel of that same United States Court of Appeals. (shrink)

The moral obligation to support space exploration follows from our obligations to protect the environment and to survive as a species. It can be justified through three related arguments: one supporting space exploration as necessary for acquiring resources, and two illustrating the need for space technology in order to combat extraterrestrial threats such as meteorite impacts. Three sorts of objections have been raised against this obligation. The first are objections alleging that supporting space exploration is impractical. The second is the (...) widely held notion that space exploration and environmentalism are at odds with one another. Finally, there are two objections to using space resources that Robert Sparrow has raised on the topic of terraforming. The obligation to support space exploration can be defended in at least three ways: (1) the "argument from resources," that space exploration is useful for amplifying our available resources; (2) the "argument from asteroids," that space exploration is necessary for protecting the environment and its inhabitants from extraterrestrial threats such as meteorite impacts; and (3) the "argument from solar burnout," that we are obligated to pursue interstellar colonization in order to ensure long-term human survival. (shrink)

'Leading economists presenting fundamentally important issues in economic theory' is the theme of the Nancy Schwartz lectures series held annually at the J. L. Kellogg Graduate School of Management of Northwestern University. Reporting on lectures delivered in the years 1983 through 1997, this collection of essays discusses economic behavior at the individual and group level and the implications to the performance of economic systems. Using non-technical language, the speakers present theoretical, experimental, and empirical analysis of decision making under uncertainty (...) and under full and bounded rationality, the influence of economic incentives and habits, and the effects of learning and evolution on dynamic choice. Perfect competition, economic development, social insurance and social mobility, and negotiation and economic survival, are major economic subjects analyzed through our understanding of economic behavior. (shrink)

ABSTRACT The expansion of health research to low and middle income countries has increased the likelihood of exploitation and undue influence in economically vulnerable populations. In behavioral research, “reasonable availability”, which was originally developed for biomedical research and advocates for the equitable provision of any product developed during the research process, cannot always prevent exploitation. In such cases and settings, the informed consent process may lack cross-cultural validity and therapeutic misconceptions may arise. This article advocates for a mutual learning framework (...) where international researchers can gain cultural competence while training and empowering local partners, increasing community ownership of health research. (shrink)

This paper attempts to build on the contribution to moral imagination theory by Patricia Werhane by further integrating moral imagination with new theoretical developments that have taken place in the business ethics field. To accomplish this objective, part one will review the concept of moral imagination, from its definitional origins to its full theoretical conceptualization. Part two will provide a brief literature review of how moral imagination has been applied in empirical research. Part three will analyze and apply the construct (...) of moral imagination as it relates to the key process stages of ethical decision making including awareness, judgment, intention, and behavior. Immoral imagination is then discussed, along with other behavioral ethics concepts as they relate to moral imagination. The paper concludes with potential future research directions, as well as teaching and managerial implications for the moral imagination construct. (shrink)

_The Futures of School Reform_ represents the culminating work of a three-year discussion among national education leaders convened by the Harvard Graduate School of Education. Based on the recognition that current education reform efforts have reached their limits, the volume maps out a variety of bold visions that push the boundaries of our current thinking. Taken together, these visions identify the leverage points for generating dramatic change and highlight critical trade-offs among different courses of action. The goal of this book (...) is not to present a menu of options. Rather, it is to surface contrasting assumptions, tensions, constraints, and opportunities, so that together we can better understand—and act on—the choices that lie before us. (shrink)

Most decisions in life involve ambiguity, where probabilities can not be meaningfully specified, as much as they involve probabilistic uncertainty. In such conditions, the aspiration to utility maximization may be self-deceptive. We propose “robust satisficing” as an alternative to utility maximizing as the normative standard for rational decision making in such circumstances. Instead of seeking to maximize the expected value, or utility, of a decision outcome, robust satisficing aims to maximize the robustness to uncertainty of a satisfactory outcome. That is, (...) robust satisficing asks, “what is a ‘good enough’ outcome,” and then seeks the option that will produce such an outcome under the widest set of circumstances. We explore the conditions under which robust satisficing is a more appropriate norm for decision making than utility maximizing. (shrink)

If distributed cognition is to become a general analytic frame, it needs to handle more aspects of cognition than just highly efficient problem solving. It should also handle learning. We identify four classes of distributed learning: induction, repurposing, symbiotic tuning, and mutual adaptation. The four classes of distributed learning fit into a two-dimensional space defined by the stability and adaptability of individuals and their environments. In all four classes of learning, people and their environments are highly interdependent during initial learning. (...) At the same time, we present evidence indicating that certain types of interdependence in early learning, most notably mutual adaptation, can help prepare people to be less dependent on their immediate environment and more adaptive when they confront new environments. We also describe and test examples of learning technologies that implement mutual adaptation. (shrink)

Background Physical morbidity is rife among patients with serious mental illness. When they are involuntarily hospitalized and even treated, they may still refuse treatment for physical illness leading clinicians to wonder about the ethics of coercing such treatments. Research aim This survey study explored psychiatric caregivers’ perceptions on whether compulsory treatment of physical illness is legal and whether it is justifiable in patients with serious mental illness and under what circumstances. Research design A questionnaire that included two case vignettes of (...) an involuntarily hospitalized psychiatric patient with diabetes refusing treatment with insulin for various reasons. The cases differed in terms of diabetes severity. Participants answered questions regarding the appropriateness of involuntary treatment. Participants and research context Psychiatric medical doctors and nurses working in a mental health center. ( N = 89, 50 female, ages 26–66). Ethical considerations The study was approved by the Medical Centre Institutional Review Board (IRB) and the University Ethics Committee. The respondents’ anonymity was kept. Participation was voluntary and consent was obtained. Results The severity of the patient’s medical condition and their reason for refusing treatment were associated with participants’ willingness to give insulin despite patient objection [( F(1, 87) = 49.41, p <.01; ( F(1, 87) = 33.44, p <.01), respectively]. Participants were more inclined to support compulsory treatment if the patient’s refusal was “illness-oriented” (i.e. directly related to psychiatric illness). Participants presented diverse views regarding the perceived legality of compulsory treatment of physical illness in such situations (illegal 63.09%; legal 23.8%; 13% unsure). The majority (53.5%–55.3%) of those who thought it was illegal supported compulsory treatment in high-severity, illness-oriented refusal situations. Conclusions The severity of the medical condition and the reason for treatment refusal influence psychiatric caregivers’ willingness to provide compulsory treatment for physical illness in involuntary hospitalized psychiatric patients. Beyond the legal framework, ethical guidelines for these situations are warranted, while decisions should be made on a case-by-case basis. (shrink)

Ayant vécu un moment décisif de son enfance en France pendant la Deuxième Guerre mondiale, Claire Hsu Accomando y consacre ce livre de souvenirs qui, chose rare, est paru directement en anglais. Love and Rutabaga est un document-témoignage qui donne à réfléchir sur l’histoire des femmes, sur la vie quotidienne, et sur la mémoire. La singularité du projet consiste en la narration d’une grande personne qui raconte son enfance à cinquante ans d’intervalle du point de vue de l’enfant. Il en (...) résul... (shrink)

The 1968 Monday Holiday Bill moved George Washington's Birthday from February 22 to the third Monday in February. During the late 1970s and 1980s, however, Presidents' Day emerged spontaneously, replacing Washington's Birthday, and establishing itself in school curricula and business holiday calendars. Because Presidents' Day has no definite content and reflects public preference, a new perspective on holiday commemoration is needed to understand it. Neither the conflict model of holidays, which stresses the manipulation of the masses by elites, nor the (...) commitment model of holidays, which stresses elites and masses sharing the same values, account for Presidents' Day's distinguishing features. Presidents' Day is an instance of abortive commemoration, deliberately designed to combine individual vacations with national holidays. Presidents' Day articulates the de-centering of tradition, waning of affect, confusion, and fragmentation of late twentieth-century American culture. (shrink)

Los autores abordan el desafío de integrar la medicina convencional, la medicina psicosomática, y la medicina alternativa, necesario, según señalan, no sólo por razones clínicas y económicas, sino por el desafío de crear una teoría comprehensiva que integre la riqueza de datos aparentemente disparatados y teorías de la salud y la enfermedad en un todo organizado. Se trata de llegar a una medicina integrada. En este trabajo los autores identifican ocho visiones fundacionales sobre la naturaleza, cada una de las cuales (...) genera hipótesis diferentes acerca de la naturaleza y de la medicina, y han conducido a tres diferentes conceptos de medicina. El artículo aborda cómo el conocimiento de tales hipótesis puede alcanzar el objetivo de integrar la medicina. (shrink)

: State legislatures consider numerous bills to regulate managed care organizations. After identifying the legal, political, and economic barriers to state reform efforts, the paper assesses recent types of state regulation, particularly mandated benefits and disclosure requirements. Two prerequisites to future reform, coalition building and the diffusion of information about managed care, are analyzed.

If the Supreme Court affirms either Compassion in Dying v. State of Washington or Quill v. Vacco, state legislatures will be presented with a new and unwelcome task: regulating physician-assisted suicide. This article focuses on the states task of specific policy making in light of the due process reasoning in Compassion in Dying and the equal protection reasoning in Quill. Policy makers must try to predict whether a particular regulation would in practice achieve its intended objective. They must also try (...) to predict whether the regulation would survive constitutional review if challenged. Finally, they must consider the extent to which they could, or should, maintain two different regulatory regimes: a more permissive one for decisions to forgo life-sustaining medical treatments, and a more restrictive one for decisions to obtain a prescription for a lethal dose of medication. This last issue will be especially challenging if the equal protection analysis in Quill prevails. (shrink)

A theory of Goodman and Elgin concerning the individuation of literary works is examined and criticized. An alternative account is offered to meet various of the difficulties in their proposal. In addition, it is suggested that there may not be asingle account of the notion of a literary work that can best do all the jobs we expect of it.

Ubiquitin is the most phylogenetically conserved protein known. This 8,500 Da polypeptide can be covalently attached to cellular proteins as a posttranslational modification. In most cases, the addition of multiple ubiquitin adducts to a protein targets it for rapid degradation by a multisubunit protease known as the 26S proteasome. While the ubiquitin/26S proteasome pathway is responsible for the degradation of the bulk of cellular proteins during homeostasis, it may also be responsible for the rapid loss of protein during the programmed (...) death of certain cells, such as skeletal muscle during insect metamorphosis. In addition, alterations in the expression and regulation of ubiquitin may play significant roles in pathological disorders. For example, dramatic increases in ubiquitin and ubiquitin‐protein conjugates are observed in a wide variety of neurodegenerative disorders, including Alzheimer's disease. Patients suffering from the autoimmune disease systemic lupus erythematosus generate antibodies reacting with ubiquitin and ubiquitinated histones. At present, it is not known whether these changes in ubiquitin expression and regulation initiate pathological changes in these diseases or if they are altered as a consequence of these disorders. (shrink)

Psychotherapy is provided by professionals, trained, supervised and certified by other professionals, all the way back to Freud and similar founding fathers. Even though methods and styles vary, pa...

While contemplative practices have emerged from wisdom-traditions, the rhetoric surrounding their justification in contemporary public educational settings has been substantially undergirded by the scientific evidence-based approach. This article finds the practice and construct of ‘attention’ to be the bridge between this peculiar encounter of science and wisdom traditions, and a vantage point from which we can re-examine the scope and practice of ‘education’. The article develops an educational typology based on ‘attention’ as a curricular deliberation point. Every pedagogical act rides (...) over a meta-pedagogical injunction of where to attend to find that which society deems worthwhile. The deep curricular teachings thus begin in the question where knowledge of most worth exists and precede content. It is at this hidden level in which our spatial-temporal disposition towards life-meaning can be shaped. Following this typology, the article will suggest that beyond what may be critiqued as instrumental mindfulness-based curricular ‘interventions’ that cater to an economic educational narrative, lurks the trajectory of a contemplative educational turn that may be outwitting over-instrumentalisation through wisdom-traditions. (shrink)

Being in the bodily presence of others facilitates important perceptual, social, and informational advantages. For example, it enables direct access to other subjects’ embodied perspectives, motivates intersubjective engagements, and is involved in the construction of shared experiences and joint actions. These advantages are based on and gained through attending to and with others, i.e. they rely on social attention. It is no surprise, therefore, that a growing body of empirical data indicates that social attention is a special attentional state that (...) involves specific behavioral and neural-cognitive properties. Another important feature of the human capacity for social attention, which is highlighted in this article is that in everyday environments social attention considerably extends and enriches the subject’s attentional field. This idea draws on phenomenological considerations and on findings from cognitive science research that suggest that subjects can attend to more than in the center of their attention and that under normal conditions we can gain more features and more situations when attending to the movements, gestures, and facial expressions of others. The influence of others on the structure of our attentional field is evident from situations where others are absent from our daily surroundings. In these circumstances our attentional field narrows and the world transforms into an unfamiliar and sometimes uncanny place. Intriguingly, the same most likely occurs in social pathologies such as BPD and SAD, in which the bodily presence of others does not generate the emotional response we see in healthy humans even though the subject’s basic capacity for social attention is intact. (shrink)

Heidegger's primary concern in Being and Time is the question of the meaning of being—a distinctly ontological concern. Yet, with discussions of death, guilt, conscience, anxiety, uncanniness, authenticity, and inauthenticity, Heidegger seems to end up in existential territory. The ontological import of these existential excursions is difficult to discern—indeed, it has not been identified in leading interpretations. In this paper, I aim to highlight the ontological import of Heidegger's analysis of anxiety—it manifests the inadequacy of Dasein's fallen and inauthentic self-understanding, (...) which is motivated by the inadequacy of Dasein's fallen and inauthentic, average understanding of being. In making this case, I will clarify the sense in which anxiety involves an experience of world-collapse and show how it functions to reveal the possibilities of authenticity and inauthenticity. (shrink)

This article explores the relationship between the bodily presence of other humans in the lived urban world and the experience of everyday architecture. We suggest, from the perspectives of phenomenology and architecture, that being in the company of others changes the way the built environment appears to subjects, and that this enables us to perform simple daily tasks while still attending to the built environment. Our analysis shows that in mundane urban settings attending to the environment involves a unique attentional (...) mode, which does not rely on concentrating on, or appreciating the architectural objects, but rather on social attention and on the subject’s kinesthesis in relation to the built environment. (shrink)

We introduce a set of biologically and computationally motivated design choices for modeling the learning of language, or of other types of sequential, hierarchically structured experience and behavior, and describe an implemented system that conforms to these choices and is capable of unsupervised learning from raw natural-language corpora. Given a stream of linguistic input, our model incrementally learns a grammar that captures its statistical patterns, which can then be used to parse or generate new data. The grammar constructed in this (...) manner takes the form of a directed weighted graph, whose nodes are recursively (hierarchically) defined patterns over the elements of the input stream. We evaluated the model in seventeen experiments, grouped into five studies, which examined, respectively, (a) the generative ability of grammar learned from a corpus of natural language, (b) the characteristics of the learned representation, (c) sequence segmentation and chunking, (d) artificial grammar learning, and (e) certain types of structure dependence. The model's performance largely vindicates our design choices, suggesting that progress in modeling language acquisition can be made on a broad front—ranging from issues of generativity to the replication of human experimental findings—by bringing biological and computational considerations, as well as lessons from prior efforts, to bear on the modeling approach. (shrink)