What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (shrink)

The notion that a false positive (false conviction) is worse than a false negative (false acquittal) is a deep-seated commitment in the theory of criminal law. Its most illustrious formulation, the so-called Blackstone’s ratio, affirms that “it is better that ten guilty persons escape than that one innocent suffer”. Are people’s evaluations of criminal statutes consitent with this tenet of the Western legal tradition? To answer this question, we conducted three experiments (total _N_ = 2492) investigating how people reason (...) about a particular class of offenses—proxy crimes—known to vary in their specificity and sensitivity in predicting actual crime. By manipulating the extent to which proxy crimes convict the innocent and acquit those guilty of a target offense, we uncovered evidence that attitudes toward proxy criminalization depend primarily on its propensity toward false positives, with false negatives exerting a substantially weaker effect. This tendency arose across multiple experimental conditions—whether we matched the rates of false positives and false negatives or their frequencies, whether information was presented visually or numerically, and whether decisions were made under time pressure or after a forced delay—and was unrelated to participants’ probability literacy or their professed views on the purpose of criminal punishment. Despite the observed inattentiveness to false negatives, when asked to justify their decisions, participants retrospectively supported their judgments by highlighting the proxy crime’s efficacy (or inefficacy) in combating crime. These results reveal a striking inconsistency: people favor criminal policies that protect the rights of the innocent, but report comparable concern for their expediency in fighting crime. (shrink)

Constructions of women’s activism as social service, volunteer, or charity work contribute to the relative invisibility of these forms of activism. The author conducted field research at an affiliate office of the Susan G. Komen Breast Cancer Foundation. She analyzes how these women volunteers resist the label “activist” at the same time that they engage in activities that resemble activism. The author also examines the reasons for their resistance to the term. Her analysis shows that implicit connections between constructions of (...) activism and gender shape the extent to which volunteers think of their work either as political or as activism. In light of Komen’s heteronormative gender ideology, the author concludes by raising questions about the relationships among gender, activism, and civic participation. (shrink)

Discussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to (...) be assessed in setting up a criminal justice system - the risk that it will not be eff ective enough at apprehending and punishing serious off enders, as well as the risk that it will expose innocent persons to harsh punishment. I urge a balancing of such risks, and argue that the salient features of many contemporary criminal justice systems can be plausibly interpreted as attempting to achieve and maintain such a balance. We do not grant criminal defendants a presumption of innocence that the state must overcome with proof of guilt beyond a reasonable doubt in order to institutionally express a strong degree of preference for non-punishment of the guilty to punishment of the innocent. Instead, we do so in order to ensure that institutions of legal punishment have suffi cient scope while preserving their ability to accurately sort the guilty from the innocent. (shrink)

An introduction to philosophical research on the standards of legal proof.

"This book is designed for those who have this concern and puzzlement (though, of course, it offers no guarantee of resolving such puzzlement). It is not designed to be a highly specialized and technical treatise in philosophy of religion but one which can be read and appreciated by students and educated laymen. It has two specific purposes, that of providing a clear picture of development in contemporary philosophy and the impact of these developments in philosophy of religion, and that of (...) systematically exploring the question, "Is there religious knowledge?" Contemporary philosophy is used as a point of reference for devising a framework within which this question can be answered. Space limitations have forced an all-to-brief treatment of some positions. Such brevity tends to distort but I have made efforts to avoid such distortion." -Author's Preface. (shrink)

Discusses the idea that legal proof should use variable standards rather than a single fixed threshold.

Many working women will experience sexual harassment at some point in their careers. While some report this harassment, many leave their jobs to escape the harassing environment. This mixed-methods study examines whether sexual harassment and subsequent career disruption affect women’s careers. Using in-depth interviews and longitudinal survey data from the Youth Development Study, we examine the effect of sexual harassment for women in the early career. We find that sexual harassment increases financial stress, largely by precipitating job change, and can (...) significantly alter women’s career attainment. (shrink)

This book is for people who are interested in nondual spiritual awakening. It can help people make sense of the various, conflicting theories about nonduality that are currently available to the spiritual seeker and it provides effective practices for recognizing, embodying and stabilizing in nondual realization in one's daily life.

Evolutionary theory is formulated in terms of individuals that carry heritable information and are subject to selective pressures. However, individuality itself is a trait that had to evolve - an individual is not an indivisible entity, but a result of evolutionary processes that necessarily begin at the lower level of hierarchical organisation. Traditional approaches to biological individuality focus on cooperation and relatedness within a group, division of labour, policing mechanisms and strong selection at the higher level. Nevertheless, despite considerable theoretical (...) progress in these areas, a full dynamical first-principles account of how new types of individuals arise is missing. To the extent that individuality is an emergent trait, the problem can be approached by recognising the importance of individuating mechanisms that are present from the very beginning of the transition, when only lower-level selection is acting. Here we review some of the most influential theoretical work on the role of individuating mechanisms in these transitions, and demonstrate how a lower-level, bottom-up evolutionary framework can be used to understand biological complexity involved in the origin of cellular life, early eukaryotic evolution, sexual life cycles and multicellular development. Some of these mechanisms inevitably stem from environmental constraints, population structure and ancestral life cycles. Others are unique to specific transitions - features of the natural history and biochemistry that are co-opted into conflict mediation. Identifying mechanisms of individuation that provide a coarse-grained description of the system's evolutionary dynamics is an important step towards understanding how biological complexity and hierarchical organisation evolves. In this way, individuality can be reconceptualised as an approximate model that with varying degrees of precision applies to a wide range of biological systems. (shrink)

Sharpe’s ratio is the most widely used index for establishing an order of priority for the portfolios to which the investor has access, and the purpose of this investigation is to verify that Sharpe’s ratio allows decisions to be made in investment portfolios considering different financial market conditions. The research is carried out by autoregressive model of the financial series of returns using Sharpe’s ratio for evaluations looking over the priority of financial assets which the investor can (...) access while observing the effects that can cause autocorrelated series in evaluation measures for financial assets. The results presented in this study confirm the hypothesis proposed in which Sharpe’s ratio allows decisions to be made in the selection of investment portfolios under normal conditions thanks to the definition of a robustness function, whose empirical estimation shows an average 73% explanation of the variance in the degradation of the Spearman coefficient for each of the performance measures; however, given the presence of autocorrelation in the financial series of returns, this similarity is broken. (shrink)

Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is (...) at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)

Five-year-old children categorized as skilled versus unskilled counters were given verbal estimation and number word comprehension tasks with numerosities 20 – 120. Skilled counters showed a linear relation between number words and nonsymbolic numerosities. Unskilled counters showed the same linear relation for smaller numbers to which they could count, but not for larger number words. Further tasks indicated that unskilled counters failed even to correctly order large number words differing by a 2 : 1 ratio, whereas they performed well (...) on this task with smaller numbers, and performed well on a nonsymbolic ordering task with the same numerosities. These findings provide evidence that large, approximate numerosity representations become linked to number words around the time that children learn to count to those words reliably. (shrink)

Parental investment theory postulates that where physical condition varies significantly then birth sex ratio will be correlated with social status. Application of this theory to man remains contentious. This study examines physique, wealth, and social status in relation to the sex of live births. It reports a female-biased sex ratio in high social and economic status Nepalese. Close consanguineous marriage, intended to conserve landed wealth within related lineages, and increased female work burdens accompanying larger farm size, are proximate (...) factors which may underlie this finding. A differential payback hypothesis is one way of explaining this pattern. (shrink)

Decision‐aiding software is probably the most important technological innovation from the perspective of lawyer decision‐making, as contrasted to efficient office management. That kind of technological breakthrough can be helpful to lawyers in negotiating settlements favorable to their clients without expensive litigation. The technology makes use of benefit‐cost analysis, multi‐criteria decision analysis, spreadsheet software, and especially super‐optimizing analysis whereby plaintiffs, defendants, and other parties can all come out ahead of their best initial expectations simultaneously. Decision‐aiding software can also be helpful to (...) lawyers in evaluating alternative precedents, statutes, regulations, and other legal policies to arrive at versions favorable to their clients without an expensive adoption campaign. (shrink)

The paper brings into light and discusses a concentric solar model briefly described in Chapter 5 of Section III of ‘Abd al-Raḥmān al-Khāzinī’s On experimental astronomy, a treatise embedded in the prolegomenon of his comprehensive Mu‘tabar zīj, completed about 1121 c.e. In it, the Sun is assumed to rotate on the circumference of a circle concentric with the Earth and coplanar with the ecliptic, but the motion of the vector joining the Earth and Sun is monitored by a small eccentric (...) hypocycle. The ratio between the distance of the hypocycle’s center from the Earth and the hypocycle’s radius is equal to the solar eccentricity in the eccentric model. The model is to account for the constancy of the apparent diameter of the solar disk as held by Ptolemy. The source of the model is unknown. Since the mechanism employed in it clearly resembles the pin-and-slot device, whose use in mechanical astronomical instruments has a long history from the Antikythera Mechanism to the medieval solar, lunar, and planetary equatoria and dials, we argue that the solar model can be positioned within this long-standing tradition and considered the result of the correct understanding of some Byzantine prototype and thus a typical example of the transmission of astronomical ideas via media of the material culture. (shrink)

More South African investors are integrating their personal values into their investment decisions. Research on the performance of socially responsible investment funds, also called ethical funds, yields conflicting results. In this study, the risk adjusted performance of 14 local SRI funds have been evaluated vis-à-vis their respective benchmarks. The results of the Treynor and Sharpe ratios indicate that the majority of funds outperformed their respective benchmarks over the period 1 July 2001 to 31 June 2004 and all but one fund (...) posted positive Alphas. These results thus appear consistent with previous research which shows that ethics indeed pays. (shrink)

This study examines the hypothesis that the stopping rule-a traditional postnatal sex selection method where couples decide to cease childbearing once they bear a son-plays a role in high sex ratio of last births (SRLB). The study develops a theoretical framework to demonstrate the operation of the stopping rule in a context of son preference. This framework was used to demonstrate the impact of the stopping rule on the SRLB in Vietnam, using data from the Population Change Survey 2006. (...) The SRLB of Vietnam was high at the level of 130 in the period 1970-2006, and particularly in the period 1986-1995, when sex-selective abortion was not available. Women were 21% more likely to stop childbearing after a male birth compared with a female birth. The SRLB was highest at parity 2 (138.7), particularly in rural areas (153.5), and extremely high (181.9) when the previous birth was female. Given the declining fertility, the stopping rule has a potential synergistic effect with sex-selective abortion to accentuate a trend of one-son families in the population. (shrink)

The directions for constructing the figure are to take a line cut into two unequal parts, and cut each part in the same ratio. The proportions of the lengths of segments to one another will then represent the "relative clarity" of each of four kinds of knowledge, and Book vi. closes with a summary of these proportions. If we letter the four segments from top to bottom a, b, c, and d, their relation is a:b :: c:d. From the (...) context, it is quite clear that these four segments are unequal. However, if any line is cut in a ratio m/n, and its segments subdivided in that same ratio, two of the resulting segments will be equal, and their ratio 1:1. However, this is the construction explicitly given in the directions. (shrink)

In recent years Vietnam has experienced a high sex ratio at birth SRB) amidst rapid socioeconomic and demographic changes. However, little is known about the differentials in SRB between maternal socioeconomic and demographic groups. The paper uses data from the annual Population Change Survey (PCS) in 2006 to examine the relationship of the sex ratio of the most recent birth with maternal socioeconomic and demographic characteristics and the number of previous female births. The SRB of Vietnam was significantly (...) high at 111.4 (95% CI 109.7–113.1) for the period 1st April 2000 to 31st March 2006. Multivariate analysis reveals that sex of the most recent birth is strongly related with the number of previous female births. This association is consistent across different socioeconomic and demographic groups of women. Given the high SRB in Vietnam, further research into the reasons for high SRB in these groups is required, as are intervention programmes such as those raising the public awareness of its negative consequences. © Cambridge University Press, 2010. (shrink)