The Law of Set-off has established itself as a leading authority on its subject. This is a developing area of law and the fourth edition brings the book fully up to date with the latest case law since the third edition was published in 2003. Including coverage of Commonwealth decisions, this is the most thorough work on Set-Off for legal practitioners. New coverage includes analysis of Secretary of State for Trade and Industry v Frid in relation to insolvency set-off, Re (...) SSSL Realisations Ltd in relation to the rule in Cherry v Boultbee, Muscat v Smith in relation to equitable set-off, and in Australia, International Air Transport Association v Ansett Australia Holdings Ltd in relation to the "British Eagle" principle. The book provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide. (shrink)

Both advocates and opponents of the animalist view that we are fundamentally biological organisms have typically assumed that animalism is incompatible with intuitive verdicts about cerebrum isolation and transplantation. It is argued here that this assumption is a mistake. Animalism, developed in a natural way, in fact strongly supports these intuitive verdicts. The availability of this attractive resolution of a central puzzle in the personal identity debate has been obscured by a range of factors, including the prevalence in contemporary metaphysics (...) of a certain conception of the nature of organisms. I end by explaining how the animalist can use intuitive verdicts, usually thought to present a difficulty for the view, as positive evidence for claims about the persistence conditions of the relevant kind of organism. (shrink)

Joint attention occurs when two (or more) individuals attend together to some object. It has been identified by psychologists as an early form of our joint engagement, and is thought to provide us with an understanding of other minds that is basic in that sophisticated conceptual resources are not involved. Accordingly, it has also attracted the interest of philosophers. Moreover, a very recent trend in the psychological and philosophical literature on joint attention consists of developing the suggestion that it holds (...) partially in virtue of communication: it is because we share our thoughts or feelings about an object that our individual attention becomes joint. This paper unpacks the communicative suggestion in a way that accounts for joint attention's basicness. (shrink)

This paper is a public philosophy essay about Friedrich Nietzsche’s discussion of justice in the second essay of On the Genealogy of Morals. My aim is to present the subtle and sophisticated way in which he thought about (i) how individuals relate to the social reality they find themselves in and (ii) how that social reality shapes them. His story regarding (ii) is that with the establishment of justice—that is, with punishment for misdeeds becoming more and more deferred to a (...) central authority—individuals could no longer directly discharge their instinctual drive to bring about suffering in others, so that drive turned inwards, leading to our self-domestication. Regarding (i), Nietzsche argues that popular conceptions of justice—such as that the punishment of wrongdoers is meant to deter others from doing the same, or perhaps that rehabilitation is part of the purpose—are merely rationalizations individuals come up with to justify their social reality, where the unfolding of that social reality is in fact governed by naturalistic laws. I situate the distinction here, between a part of objective reality and an interpretation placed upon it, alongside more general existentialist themes in Nietzsche’s thought, and emphasize the relevance for us now of his naturalistic view of social reality. (shrink)

Recent research into the evolution of higher cognition has piqued an interest in the effect of natural selection on the ability of creatures to respond to their environment. It is believed that environmental variation is required for plasticity to evolve in cases where the ability to be plastic is costly. We investigate one form of environmental variation: frequency dependent selection. Using tools in game theory, we investigate a few models of plasticity and outline the cases where selection would be expected (...) to maintain it. Ultimately we conclude that frequency dependent selection is likely insuffcient to maintain plasticity given reasonable assumptions about its costs. This result is very similar to one aspect of the well-discussed Baldwin effect, where plasticity is first selected for and then later selected against. We show how in these models one would expect plasticity to grow in the population and then be later reduced. Ultimately we conclude that if one is to account for the evolution of behavioral plasticity in this way, one must appeal to a very particular sort of external environmental variation. (shrink)

This book examines 13th century views about time, particularly the views of Thomas Aquinas and his contemporaries in the middle of the century. As medieval thinkers considered time to be just another duration alongside the durations of aeviternity (the aevum) and eternity, the scope of the study covers all three durations, culminating in an examination of God’s relationship to time. Chapter 1 opens the discussion by examining some of the key language and terminology which 13th century thinkers used. Chapters 2-5 (...) examine the topological properties of time: the properties that determine its shape and structure. Chapter 6 investigates the metrical properties of time: the properties pertaining to time when it is considered as a measure. Chapter 7 looks at the criteria, factors, and language which 13th century thinkers typically took as entailing that a particular would be in time. Chapter 8 explores how 13th century thinkers discussed existence outside of time, particularly as it was applied to aeviternity and aeviternal beings. Chapter 9 examines the content of the medieval concept of eternity, and how these ideas are best rendered in contemporary language. Chapter 10 examines the specific question of how 13th century thinkers viewed God’s relationship to time. (shrink)

The life of Frank Russell, the second Earl and Bertrand’s older broth­er, was characterized by conflict as he repeatedly chose to follow paths that defied convention, carved out by and faithful to his own peculiar moral convictions. His conflict with Jowett, Master of Balliol, led to his expulsion from Oxford and changed the course of his life. Using a range of primary sources, this paper questions previously published accounts of the events that took place and reviews the consequences of the (...) actions of those involved, within the social and political context of the time. (shrink)

Religion was as much a concern for Frank Russell throughout his life as it was for younger brother Bertrand and their father before them. Each advocated its rational study untainted by Christian dogma. The chance discovery of an amusing film review by Frank Russell of the biblical epic The Dawn of the World (1921) became the catalyst for an exploration of this theme in the paper that follows, as well as providing the opportunity to explore the foundations of Frank’s agnosticism (...) and demonstrate his erudition and wit through the reprinting of his article “The Bible on the Film”. (shrink)

This article responds to Roland Boer’s Marxism and Theology that offers a unique contribution to understanding the current impasse in revolutionary Left politics and illustrates the importance of the numerous references to theology in Marxist literature. In this response, I focus on Boer's argument of Marxism and Judaeo-Christian theology occupying a similar contested space with respect to their uses of “political myth.” I argue that the key to Boer’s critical project is a two-pronged approach: “materializing” theology and “theologizing” historical materialism. (...) For this critical endeavor to make inroads, it relies not just on the ambivalence of political myth, but also that myths are essential to Marxist theories of emancipation, as well as to Marx’s notion of “the Aufhebung of Religion.” I focus on two figures: Ernst Bloch as a Marxist who emphasizes myth’s emancipatory qualities; and Theodor Adorno as wary of myth while adhering to the theological motif of the bilderverbot. From this analysis, we can begin to see how much Boer’s project depends on a wager on political myth itself. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called “stolen concept”. The fallacy of the stolen concept is most closely associated with the works of novelist Ayn Rand and those who find her philosophy persuasive. The defining characteristic of the fallacy is “the act of using a concept while ignoring, contradicting or denying the validity of the concepts on which it logically and genetically depends”. To the extent that one could be said to use a fallacy (...) intentionally, it is more likely to occur when there is a failed attempt to point to a contradiction. The easiest way to avoid stealing concepts is to ensure that contradictions are instituted at the same conceptual level or utilizing a lower‐order concept to contradict a higher‐order one. When higher‐order concepts are used to refute the truth of a lower‐order concept, we have the fallacy. (shrink)

A formal and idealised understanding of intentionality as a mental process is a central topic within the classical Husserlian phenomenological analysis of consciousness. This paper does not define Husserl’s stance, because that has been achieved elsewhere (Kern, 1977, 1986, 1988; Kern & Marbach, 2001; Marbach, 1988, 1993, 2005; Owen, 2006; Zahavi, 2003). This paper shows how intentionality informs therapy theory and practice. Husserl’s ideas are taken to the psychotherapy relationship in order to explain what it means for consciousness to have (...) intentionality in various ways. The role of intentionality in psychopathology and its treatment within cognitive behavioural therapy is explained as a way of showing how understanding intentionality creates a medum for the delivery of care. Indo-Pacific Journal of Phenomenology , Volume 7, Edition 1 May 2007. (shrink)

! The Stabilization and Association Agreement between BiH and the European Union is available for readers at the BiH Parliament web page. The content of SAA is available at the front web page of BiH Parliament, under the link entitled "highlighted", BiH Parliament Office for Public Relations stated. ! Thanked to donation of Norway in the amount of about 20.000 KM and UNDP aid with 3.000 KM, National Library in Srebrenica reconstructed its premises for students and reading. They bought furniture (...) and equipment for the reading room which now provides with new services - web page and internet, since six new computers were bought. The library now has more than 35.000 books. Reading room is equipped entirely and it will be open daily. !BiH Defense Ministry announced the second public notice for recruitment of soldiers in professorial military service of BiH Army Forces, valid to August, 4, BiH Defense Ministry stated. The announcement read that in total there are 541 vacancies in the military service for admission to professional service of BiH Army forces, where 202 vacancies are envisaged for Bosniaks, 204 for Croats and 135 for Serbs. Having in mind the fact that the candidates' documents were retained on which basis the candidates were called to testing on the public announcement, on March 27, these potential candidates can apply only by application form. (shrink)

Herët në mëngjes fillova të lexoja “Të bijën e Agamemnonit” të Ismail Kadaresë dhe pashë se ai kishte përdorur fjalën “kalimtar” që do të ishte edhe shprehja relevante për prezantimin e sotëm. Duke ditur se do të vija në Ballkan, nisa të lexoja edhe një tjetër vepër letrare, atë të Stieg Larssonit, “Vajza me tatu të dragoit”. Sikurse te vepra e Kadaresë, edhe në librin e Larssonit gjeta diçka që do të më hynte shumë në punë, që do të ishte (...) relevante për diskutimin tonë të ditës së sotme. Prandaj ju sot do të jeni shtegtarë të ideve, të mishëruar në një farë udhëtimi topografik. Unë do t’ju shpie nëpër një numër të madh personazhesh (karaktere fiktive dhe historike) dhe nëpër ide, secila prej të cilave na del para sysh, por kur bashkohet me tjera, shfamljarizon përvojat tona. Kur t’i vihet kapaku gjithë kësaj që do të shpjegojë, do t’ju familjarizojë me bindjen se plotfuqia mendore filozofike është më shumë se një bashkudhëtar në përvojat tona jetësore, veçanërisht brenda politikëbërjes. (shrink)

The author raises a puzzle about the compatibility of the two features which, according to Ayers, jointly characterize paradigmatic cases of seeing, viz. ‘perspicuity’ and ‘immediacy’. In Section 1, the author explains why Ayers’s explanation of these two features suggests an inconsistent combination of reflexivity and realism about sense experience. Some of Ayers’s comments about our awareness of causation suggest a way of giving up on reflexivity. In Section 2, the author uses a thought-experiment to support the view that realism (...) rather than reflexivity ought to be given up. In Section 3, the author gives a further reason for Ayers to take this option: it furnishes a response to a troublesome challenge concerning the epistemic significance of consciousness, a challenge which Ayers himself anticipates at the end of Chapter 2 of Knowing and Seeing but does not fully resolve. (shrink)

Rising Tidesis an extensively researched and engagingly written examination of the many factors that have shaped ecological thought.

What does our naïve conception of a conscious subject demand of the nature of conscious beings? In a series of recent papers David Barnett has argued that a range of powerful intuitions in the philosophy of mind are best explained by the hypothesis that our naïve conception imposes a requirement of mereological simplicity on the nature of conscious beings. It is argued here that there is a much more plausible explanation of the intuitions in question. Our naïve conception of a (...) conscious subject imposes a requirement of topological integrity. (shrink)

The animalist view of personal identity, according to which we human persons are identical to animals, is arguably the simplest view of the relationship between human persons and animals. But animalism faces a serious challenge from the possibility of brain transplants. This chapter develops, on behalf of animalism, a new way of modeling such cases. The model is developed by analogy with situations of environmentally determined reference shift familiar from the literature on externalism in the philosophy of mind and language. (...) The resulting externalist animalist model is put to work in describing a range of variant cases and in accounting for certain anti-animalist intuitions. In the final section some wider consequences are elucidated, concerning the extrinsic nature of thought, and the coherence, within a broadly materialist framework, of disembodied consciousness. (shrink)

There are circumstances in which we want to predict a series of interrelated events. Faced with such a prediction task, it is natural to consider logically inconsistent predictions to be irrational. However, it is possible to find cases where an inconsistent prediction has higher expected accuracy than any consistent prediction. Predicting tournaments in sports provides a striking example of such a case and I argue that logical consistency should not be a norm of rational predictions in these situations.

The implications of commonalities in the contributions of five key thinkers in twentieth century phenomenology are discussed in relation to both original aims and contemporary projects. It is argued that, contrary to the claims of Husserl, phenomenology can only operate as hermeneutic phenomenology. Hermeneutics arose within German idealism. It began with Friedrich Ast and Heinrich Schleiermacher and was further developed by, among others, Wilhelm Dilthey and Martin Heidegger. Hermeneutics claims that current understanding is created on the basis of the prior (...) understanding taken to any new situation, in that what is initially understood or believed determines the direction and scope for inquiry or action. Subsequent action and conclustions are similarly based on what has been previously understood and believed. As a consequence, however, what may, in some cases, result is the confirmation of prior inaccurate understanding. For these reasons, it is important to be clear about how initial understandings are formed and how they inform a discipline, be it the Husserlian phenomenology of intentionality or any empirical phenomenological approach. Indo-Pacific Journal of Phenomenology , Volume 8, Edition 1 May 2008. (shrink)

This chapter presents Connecting Scotland as a case study, highlighting the correlation between current research into digital inequality to identify those most in need of support, and the practical application of work to address this at scale through third sector organisations working directly with those at greatest risk of digital exclusion. The chapter also considers the vital role of the ‘trusted intermediary’ acting as digital champion for device recipients, and, using the data gathered via sessions with hundreds of frontline staff, (...) explore immediate challenges and opportunities for engagement. It will also reflect on the application of research in the creation of training and resources to support the programme. Finally, the chapter will reflect on some of the many lessons learned, and consider implications for both policy-makers and fieldworkers seeking to address digital inequality at scale. All three authors were involved extensively in the development and delivery of this work. (shrink)

Medicine today, as both art and science, embodies a split personality. The ensuing tension—between individualized consideration, experience, and judgment on the one hand, and standardization, objective evidence, and guidelines on the other—plays out in the simultaneous aspirations of the medical humanities and evidence-based medicine, and in a host of other telling terms and movements. This is not a new tension, however. We turn in this paper to the critical but complex history of the term “personal equation” as both reflective and (...) generative of this tension on both sides of the Atlantic during a formative period in medicine from the mid-19th through the mid-20th centuries. The term was featured in almost every... (shrink)

Shadmehr and Ahmed cogently argue that vigor of appetitive movements is positively correlated with their value, and that value can therefore be inferred by measuring vigor. Here, we highlight three points to consider when interpreting this account: (1) The correlation between vigor and value is not obligatory, (2) the vigor effect also arises in frameworks other than optimal foraging, and (3) the term vigor can be misinterpreted, thereby affecting rigor.

What are we? What owns our thoughts and experiences? Are we anything at all? After an introduction, Section 2 assesses a 'no-bearer' theory of experience, and the 'no-self' contention that self-representations are about no real entity, before introducing a positive hypothesis about the objects of our self-representations: the 'animalist' claim that we are biological organisms. Section 3 discusses the classic challenge to animalism that brain transplantation is something we could survive but no animal could survive. This challenge introduces positive alternatives (...) to animalism, as well as animalist responses, including one which questions the assumption that psychology is irrelevant to organism persistence. Section 4 surveys a 'thinking parts' problem and conjoined twinning and commisurotomy, also considered problematic for animalism. The interpretation of these cases revisits questions about bearers of experience, objects of self-representation, and the relation of biology and psychology. This title is also available as Open Access on Cambridge Core. (shrink)

In a recent essay of the AJTP, Wesley Wildman takes his reader through a three-step program—indeed, a “user-friendly guide”—for apprehensive theologians who are looking for a means to deny the indeterminacy of God against Robert C. Neville’s systematic and elegant argument for it.1 The “path of resistance” isn’t one that Wildman himself takes seriously—to be sure, his tongue is firmly in cheek throughout the short essay—but he thinks it could have some therapeutic potential for the beleaguered theologian who is struggling (...) with Neville’s challenge. Upon completing the program, the theologian can rest easy that her preferred view of God can be sustained. Of course, if this is the final position of the theologian, she... (shrink)

In this article, I explain Aquinas' approach to philosophy and theology. I then discuss how Aquinas thought the universe having a beginning is a matter of faith, not reason. I then argue that Aquinas' position is still correct despite the cosmological model of the big bang. Men of faith, I argue, ought to have a notion of God that is based on metaphysics, not a physical model, which at best brings us to a Deistic God.

Part of the philosophical interest of the topic of organic individuals is that it promises to shed light on a basic and perennial question of philosophical self-understanding, the question what are we? The class of organic individuals seems to be a good place to look for candidates to be the things that we are. However there are, in principle, different ways of locating ourselves within the class of organic individuals; organic individuals occur at both higher and lower mereological levels than (...) the stereotypical bounded and physiologically unified vertebrate organism. The view that we are organic individuals smaller than the physiological organism is one that has recently been endorsed by Derek Parfit. This paper attempts to resolve a dispute between Parfit’s ‘embodied part’ view and a contrary ‘animalist’ view according to which we are whole organisms. It is explained why a problem of multiple thinkers presents a serious obstacle to a straightforward resolution of this dispute. Parfit’s own strategy for dealing with this obstacle is found to be problematic. However his strategy has a certain general shape, which can be instantiated in a different, and better, specific way. I close in the final section, not with a definite resolution of the dispute, but with illustration of how progress on the question of about which organic individuals we are requires engagement with questions about the nature and function of self-awareness. (shrink)

In 1966, Paul Feyerabend published a short essay on the relation between dialectical materialist philosophy and Niels Bohr’s quantum theory, in which he develops several provocative ideas about the relations between science, ideology and society. I use Feyerabend’s essay to construct an account of his ‘Dadaist’ philosophical methodology. I argue that Dadaism is an ironic form of intellectual seriousness, such that the Dadaist is prepared to take any idea or practice seriously as a potentially valuable contribution to collective human thought (...) and action (despite any diverging personal convictions), especially if they find such engagement to be lacking in their local culture. I identify a weakness in Feyerabend’s formulation of Dadaism, so far as it is conceived as a matter of individual epistemic character and thus fails to account for the role of the social structure of intellectual activity. This weakness can be remedied by supplementing philosophical Dadaism with descriptions of the kinds of institutions and incentive structures that might cultivate its constitutive epistemic dispositions. (shrink)

Companies are increasingly singing up to a range of corporate responsibility codes and other voluntary commitments. Using evidence from the mining industry’s experience with the Australian Greenhouse Challenge, the Minerals Council’s Code for Environmental Management and the ISO14001 Specification for Environmental Management Systems, this article examines whether the outcomes from the adoption of multiple voluntary approaches differ from those outcomes that would be expected if each voluntary approach was adopted in isolation. The article demonstrates that it is feasible for companies (...) to participate in multiple voluntary approaches and to derive benefits such as reduced transaction costs, improved data quality and enhanced implementation. However, there is limited evidence that the voluntary approaches in combination have enhanced environmental performance, economic efficiency, innovation or competitiveness beyond that which would be achieved from each of the approaches in isolation. Furthermore, many of the limitations of voluntary approaches (in particular, environmental performance, acceptability to NGOs) remain. (shrink)