The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the (...) principle of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

Modern contract law is characterized by a certain kind of unity and multiplicity. On the one hand, it establishes fundamental principles that apply to all contracts in general. But at the same time, it specifies further principles and rules for particular kinds of contracts or transaction-types that mark out their distinctive features, incidents and effects. Clearly, a viable theory of contract law should be able to provide a suitable account of both aspects. The central critical contention of The (...) Choice Theory of Contracts is that all prior approaches, in particular rights-based theories, have failed to do so. Indeed, Dagan and Heller argue that only a theory that explains the settled rules of contract law as teleologically oriented toward facilitating individuals’ pursuit of their different substantive goods, and thus as primarily power-conferring in this particularly robust sense, can provide the needed account. Such a theory, they believe, would be not only interpretatively accurate with respect to the actual law but also fully acceptable as a liberal view of contract. This Article challenges the core contentions of choice theory, suggesting why it may be unable to meet its own goal of explaining how contract law coherently specifies and integrates the general and specific dimensions of enforceable agreements. The Article looks into basic contract doctrines in order to specify a general conception of the contractual relation that can meet this desideratum and it sketches how, beginning with that conception, contract law unfolds a rich multiplicity of transaction-types. The resulting view is liberal but rights-based rather than teleological, and it proposes an alternative understanding of how the rules of contract law are power-conferring as well as duty-imposing. (shrink)

Copenhagen interpretation of quantum mechanics deals with these problems is reviewed. A new interpretation of the formalism of quantum mechanics, the transactional interpretation, is presented. The basic element of this interpretation is the transaction describing a quantum event as an exchange of advanced and retarded waves, as implied by the work of Wheeler and Feynman, Dirac, and others. The transactional interpretation is explicitly nonlocal and thereby consistent with recent tests of the Bell inequality, yet is relativistically invariant and (...) fully causal. A detailed comparison of the transactional and Copenhagen interpretations is made in the context of well-known quantum-mechanical Gedankenexperimenre and "paradoxes." The transactional interpretation permits quantum-mechanical wave functions to be interpreted as real waves physically present in space rather than as "mathematical representations of knowledge" as in the Copenhagen interpretation. The transactional interpretation is shown to provide insight into the complex character of the quantum-mechanical state vector and the mechanism associated with its "collapse." It also leads in a natural way to justification of the Heisenberg uncertainty principle and the Born probability law (P = ii iij*), basic elements of the Copenhagen interpretation. (shrink)

In responding to five symposium articles that discuss my book Thinking through the Body and my theories of somaesthetics and pragmatism, this essay elaborates two central methodological orientations that guide my philosophical research. The first is transactional experiential inquiry in which inquiry can develop new directions, aims, methods, and standards through the dynamic experiences acquired in the course of the inquiry’s pursuit and in which its transactional experiences involve research that transcends familiar disciplinary limits and conventions. The second (...) principle involves mitigating problematic dualisms by a strategy of inclusive disjunction. I deploy these principles in replying to the five commentaries. Besides clarifying issues in somaesthetics, my reply focuses on such topics as everyday aesthetics, eroticism, architecture, dance, Chinese philosophy, meliorism, and pragmatism. (shrink)

A review of the evolution of the ethical foundations of free enterprise reveals the essentially utilitarian ethical foundation prevailing today. To enrich those foundations the article attempts to establish the ethical validity of free transactions by relating them to the basic principle of interpersonal ethics: the Golden Rule. The validity of the transactional ethic is presented as an articulation of freedom in a valid social and economic context.

The purpose of the study is to present the author's accounting mechanisms in relation to the transaction costs of a manufacturing enterprise in relation to the financial, managerial and strategic aspects of this process. The scientific novelty of the research lies in the fact that the paper systematizes views on the existing accounting and analytical support in relation to transaction costs, offers various options for constructing accounting, management and strategic accounting of transaction costs, depending on the assessment available for reflection. (...) As a result, the recommended accounting approaches using accounting, management and strategic accounting of transaction costs are presented on the example of an industrial company. Since transaction costs occupy a significant share in the cost structure of business units engaged in production, it is necessary to organize their reflection using modern accounting principles. The complexity of the monetary assessment of such costs causes the complexity of the management process associated with their accounting. This publication is devoted to the problems of accounting, management and strategic accounting of transaction costs at a manufacturing enterprise. The use of an integrated approach based on accounting principles makes it possible to ensure control over transaction costs for solving urgent tasks of management and owners. (shrink)

This article aims to effectuate a paradigm shift in the way we view cases involving pure advantage-taking in contract formation. By ‘pure advantage-taking’ it is meant that D in some sense took ‘unfair advantage of’ a special bargaining weakness or vulnerability that D found ‘ready-made’ in P: D neither caused P’s relevant weakness or vulnerability nor otherwise was legally responsible for relieving it.Certain undue influence and unconscionable dealing cases (for example) fit this scenario perfectly, yet senior Commonwealth courts consistently assert (...) (or imply) that the doctrines of undue influence and unconscionable dealing are ordered, ostensibly exclusively, by a common law precept against interpersonal exploitation, and that judges are, when they invoke those doctrines, responding precisely to that particular concern. It is argued here, however, that the exploitation concept serves, or ought to be seen as serving, no necessary justificatory function in relation to state-assisted rescission or suppression of contracts objectively formed at common law. Instead, a principle of (what I shall call) ‘transactional neglect’ should be seen to eclipse and subsume the exploitation concept as the prevailing justification for interference with apparent contracts in pure ‘unfair advantage’ situations. The advocated shift is thus away from ‘exploitation’ towards ‘transactional neglect’—D’s corrective liability for failure to take reasonable precautions against the risk of foreseeable transactional harm to P, when P and D were, knowingly to D at the time, bargaining under conditions that make ‘exploitation’ possible. (shrink)

This discussion develops six of the most important guiding principles of classical Jewish business ethics and illustrates their application to a complex recent case of product liability. These principles are: (1) the legitimacy of business activity and profit; (2) the divine origin and ordination of wealth (and hence the limits and obligations of human ownership); (3) the preeminent position in decision making given to the protection and preservation (sanctity) of human life; (4) the protection of consumers from commercial (...) harm; (5) the avoidance of fraud and misrepresentation in sales transactions; and (6) the moral requirement to go beyond the letter of the law. Although these Talmudic principles are clearly obligatory only for “Torah-obedient” Orthodox and Hasidic Jews, many Jews share a sensibility informed by them. Non-Jews, too, may be instructed by Jewish teachings about business ethics. (shrink)

The article deals with the issue of initial impossibility of performance of an obligation and the influence of such impossibility of performance on the validity of the legal transaction that establishes such an obligation. The legal doctrine convincingly demonstrates that for Roman lawyers the rule Impossitionbilium nulla obligatio est merely meant that nobody can be obliged to perform something that cannot be performed; however, it did not necessarily follow that a contract establishing such an obligation was void. Modern civil codifications (...) overlook another significant feature of the Roman law – the uncontested application of the principle Impossibilium nulla obligatio est only in case of stipulatio, whereas modern contract law has its origins in the Roman law of consensual contracts. (shrink)

Yūsuf al-Ardabīlī is one of the Shāfiʿī jurists who lived in Azerbaijan in the 8th century of Hijri. This scholar, whose birth date we couldn’t find any information about, even though it has been searched in both local and foreign literature, died in Ardabīl in the year 799/1397 as bibliographical scholars agreed on. Ardabīlī is a person known by his work al-Anwār li-aʿmāl al-abrār, which he dedicated to Shāfiʿī jurisprudence, and someone with jurisprudential knowledge whom Shāfiʿī jurists benefit from. In (...) his work on jurisprudence (furūʿ al-fiqh), al-Anwār, he discussed the issues without delving deeply into evidences and partially mentioned uṣūl al-fiqh. Yūsuf al-Ardabīlī addressed the topics in his work by classifying them as acts of worship (ʿibādāt), transactions (muʿāmalāt), inheritance (farāʾiḍ), marriage and divorce (munākaḥāt-mufāraqāt), punishments (ʿuqūbāt), the conduct of judges (adab al-qāḍī), and freeing slaves (ʿitq). Moreover, in his work, he provides explanations that shed light on recent studies by addressing the subject of fatwā in detail. By addressing the fatwā institutions, Ardabīlī includes information on topics like the etiquette of istiftāʾ, fatwā with sharīʿah tricks (ḥiyal sharʿiyyah), and exceptions in divorce (ṭalāq). Because no academic studies have been done on his explanations in this field, the subject requires further attention. Additionally, presenting his explanations on the fatwā institution to the scholarly community is greatly important for shedding light on future studies. Islamic jurists recognize fatwā activities as a duty that requires responsibility in terms of religion and worldly life. Therefore, they do not favor the participation of those who lack knowledge and the capability of deducing religious rulings from sharīʿah evidences in fatwā activities.This study aims to contribute to the Islamic jurisprudence literature by addressing the principles of fatwā procedure through Ardabīlī’s perspective in his work, al-Anwār. (shrink)

This discussion develops six of the most important guiding principles of classical Jewish business ethics and illustrates their application to a complex recent case of product liability. These principles are: (1) the legitimacy of business activity and profit; (2) the divine origin and ordination of wealth (and hence the limits and obligations of human ownership); (3) the preeminent position in decision making given to the protection and preservation (sanctity) of human life; (4) the protection of consumers from commercial (...) harm; (5) the avoidance of fraud and misrepresentation in sales transactions; and (6)the moral requirement to go beyond the letter of the law. Although these Talmudic principles are clearly obligatory only for "Torah-obedient" Orthodox and Hasidic Jews, many Jews share a sensibility informed by them. Non-Jews, too, may be instructed by Jewish teachings about business ethics. (shrink)

Several leadership and ethics scholars suggest that the transformational leadership process is predicated on a divergent set of ethical values compared to transactional leadership. Theoretical accounts declare that deontological ethics should be associated with transformational leadership while transactional leadership is likely related to teleological ethics. However, very little empirical research supports these claims. Furthermore, despite calls for increasing attention as to how leaders influence their followers’ perceptions of the importance of ethics and corporate social responsibility (CSR) for organizational (...) effectiveness, no empirical study to date has assessed the comparative impact of transformational and transactional leadership styles on follower CSR attitudes. Data from 122 organizational leaders and 458 of their followers indicated that leader deontological ethical values (altruism, universal rights, Kantian principles, etc.) were strongly associated with follower ratings of transformational leadership, while leader teleological ethical values (utilitarianism) were related to follower ratings of transactional leadership. As predicted, only transformational leadership was associated with follower beliefs in the stakeholder view of CSR. Implications for the study and practice of ethical leadership, future research directions, and management education are discussed. (shrink)

In the lectures on the logic of ethics, he sets forth and defends the view that the "is" in a moral judgment such as "This is good" is a coordinating factor in an inquiry.

The very expertise with which psychologists wield their tools for achieving laboratory control may have had the unwelcome effect of blinding psychologists to the possibilities of discovering principles of behavior without conducting experiments. When creatively interrogated, a diverse range of large, real-world data sets provides powerful diagnostic tools for revealing principles of human judgment, perception, categorization, decision-making, language use, inference, problem solving, and representation. Examples of these data sets include patterns of website links, dictionaries, logs of group interactions, (...) collections of images and image tags, text corpora, history of financial transactions, trends in twitter tag usage and propagation, patents, consumer product sales, performance in high-stakes sporting events, dialect maps, and scientific citations. The goal of this issue is to present some exemplary case studies of mining naturally existing data sets to reveal important principles and phenomena in cognitive science, and to discuss some of the underlying issues involved with conducting traditional experiments, analyses of naturally occurring data, computational modeling, and the synthesis of all three methods. (shrink)

The accurate pricing of securities in the capital markets depends upon the markets being both efficient and fair. In management buyout transactions (MBOs), the price bid by inside managers enhances the efficient pricing of securities but raises a reasonable doubt about the fairness to existing shareholders. This study addresses this fairness question in MBOs and offers short-term and long-term legal alternatives which allow both the efficiency and fairness criteria to be met. In the short-term the case law established in the (...) Basic v. Levinson decision for merger negotiation disclosures should be applied to MBO transactions. Over the longer horizon, legislative changes should be made to existing securities laws. Applying the investor protection principles of the 1933 and 1934 securities acts to MBO transactions will suppress the temptation of managers to extract shareholder wealth for their personal gain. (shrink)

My intention in this paper is to present a schema for understanding �sthetic transactions. (By '�sthetic transactions' I mean to refer to the artist's creation of a work of art and the audience's appreciation of it). For Kant a schema was a rule or principle that enables the under- standing to apply its categories. I am using this term in a narrower sense but in the same spirit : The schema to be considered is to serve as a principle which (...) will allow us to grasp in a definitive fashion the special character of �sthetic transactions. (shrink)

Several legal philosophers have argued that the principle of corrective justice provides the best explanation of various areas of the law—especially the law of torts. On the other hand, some philosophers of law and many economists of law have argued that the principle of corrective justice is not an independent principle of justice. I call this the problem of dependency. If the critics are right, the principle of corrective justice cannot be an explanation of a large area of our law (...) as it claims to be.I argue that the increasingly complex forms of the problem of dependency that the critics have proposed lose their force once we have a better understanding of the principle of corrective justice and its relationships with other principles. The principle of corrective justice does not serve a conception of distributive justice or efficiency and can provide an explanation of a large area of our law despite the criticism. It does so independently as a principle of justice that is reflected in our legal practice. (shrink)

Several authors have made claims about the compatibility between the Free Energy Principle and theories of autopoiesis and enaction. Many see these theories as natural partners or as making similar statements about the nature of biological and cognitive systems. We critically examine these claims and identify a series of misreadings and misinterpretations of key enactive concepts. In particular, we notice a tendency to disregard the operational definition of autopoiesis and the distinction between a system’s structure and its organization. Other misreadings (...) concern the conflation of processes of self-distinction in operationally closed systems and Markov blankets. Deeper theoretical tensions underlie some of these misinterpretations. FEP assumes systems that reach a non-equilibrium steady state and are enveloped by a Markov blanket. We argue that these assumptions contradict the historicity of sense-making that is explicit in the enactive approach. Enactive concepts such as adaptivity and agency are defined in terms of the modulation of parameters and constraints of the agent-environment coupling, which entail the possibility of changes in variable and parameter sets, constraints, and in the dynamical laws affecting the system. This allows enaction to address the path-dependent diversity of human bodies and minds. We argue that these ideas are incompatible with the time invariance of non-equilibrium steady states assumed by the FEP. In addition, the enactive perspective foregrounds the enabling and constitutive roles played by the world in sense-making, agency, development. We argue that this view of transactional and constitutive relations between organisms and environments is a challenge to the FEP. Once we move beyond superficial similarities, identify misreadings, and examine the theoretical commitments of the two approaches, we reach the conclusion that far from being easily integrated, the FEP, as it stands formulated today, is in tension with the theories of autopoiesis and enaction. (shrink)

This article responds to two criticisms by Professor Nani Ranken of the Principle of Moral Projection in business ethics. In the process it enlarges upon our understanding of the moral agenda of management and the corporation as a participant in ethical transactions.

The present book is a natural outgrowth of RescherOCOs longstanding preoccupation with the rational systematization of our knowledge as manifested in such earlier works as Cognitive Systematization (Oxford: Blackwell, 1979), and Complexity (New Brunswick: Transaction Publishers, 1998). Accordingly, the role of principles in human affairs is crucial and ubiquitous. Principology, the theory of principlesOCounderdeveloped through it may beOCois accordingly bound to find a significant place in the sphere of philosophical inquiry regarding matters of thought and action.".

Relying on the systematic, logical, and analytical methods, national legislation and some internationally accepted guidelines, as well as on the research conducted by the Lithuanian scientists and law practitioners, this article consistently and comprehensively deals with the problems arising in the areas of interpretation and application of tax law. The article examines the relevant tax concepts, studies the tax law system, deals with the relevant issues arising in the field of application of legal regulations on taxation, and provides a particularly (...) detailed analysis of court jurisprudence within the context of the relationship between tax and law. On the basis of the analysis conducted, it was established that the basis for the Lithuanian tax law system consists of the Constitution of the Republic of Lithuania; the Law on Tax Administration; tax laws that lay down specific taxes and of by-laws adopted on their basis; national legal regulations that contain a consideration attribute and set mandatory payments to the State budget; the Law on Customs; ratified international agreements; the European Union legal regulations to the extent they are related to the duties, import excise duty, and value added tax; and the European Union directives in respect of direct and indirect taxes and the extent to which they are related to tax administration. When relationships in public law are directly regulated by the relevant public law regulations, it is not private law regulations, but the corresponding public law regulations that must be applied. In order to determine the need for tax authorities to rely on the regulations of the Civil Code, it is necessary to state the necessity to assess legal relationships from the point of view of private law or to identify a gap in legal regulation of public law due to which the norms of the Civil Code are subsidiary. Prior to establishing the tax base, the tax authority does not have to rebut transactions in civil procedure. The taxpayer’s obligation to fulfil tax liabilities that are properly prescribed by tax laws is not called into question by unlawful acts of other persons which constitute grounds for their civil (non-contractual) liability for the damages caused. The factual circumstances of tax relations established in the court cases heard in criminal and/or administrative procedures, do not need to be proved again – they are relied on in the course of tax inspections or when hearing tax disputes. The principle of equality of taxpayers requires tax administrators to give equal treatment to the facts with respect to all participants regarding the same tax relationship and obliges taxpayers to pay taxes honestly, because non-payment of taxes is a breach of public interest and therefore of this principle. In accordance with the principle of general applicability and equality, each taxpayer has an obligation to pay taxes as prescribed in tax legislation observing the calculation and payment procedures stipulated in the tax legal regulations, whereas the amount payable as established by the tax administrator shall be regarded as well-founded to the extent that it does not exceed the criterion of equality and reasonableness. The principle of clarity of taxation requires the tax administrator to adopt clear and comprehensive decisions with respect to the taxpayer and therefore to ensure their rights and legitimate interests. In the calculation of tax by applying the principle of primacy of content over form, it is necessary to establish that a transaction, an economic deal or indeed any group thereof has been concluded for the purpose of obtaining tax benefits. (shrink)

Among key emerging societal principles to which a lawyer owes a high degree of fidelity are those that advance sustainability and that combat corruption. This essay considers the character of those...

In 2004 Emanuel et al. published an influential account of exploitation in international research, which has become known as the 'fair benefits account'. In this paper I argue that the thin definition of fairness presented by Emanuel et al, and subsequently endorsed by Gbadegesin and Wendler, does not provide a notion of fairness that is adequately robust to support a fair benefits account of exploitation. The authors present a procedural notion of fairness – the fair distribution of the benefits of (...) research is to be determined on a case-by-case basis by the parties involved in each study. The fairness of the distribution of benefits is not assessed against an independent normative standard. Emanuel et al.'s account of fairness provides a framework for objecting only to transactions that occur without the fully informed consent of the weaker party. As a result, a debate about exploitation collapses into a debate about consent. This is problematic because, as the proponents of the fair benefits framework acknowledge, neither the trial participants' consent nor the host community's consent preclude exploitation. Attempts to stipulate normative standards of fairness to protect research subjects in developing countries have been controversial and divisive, and it is therefore understandable that bioethicists would be tempted to develop accounts of exploitation that are independent of such prescriptive principles. I conclude, however, that the utility of the fair benefits model of exploitation as a policy tool will ultimately depend on whether a substantive principle of fairness can be developed to underpin it. (shrink)

This paper addresses the fairness of microcredit interest rates. Since microfinance institutions provide credit for the poor at relatively high prices, the fairness of their interest rates has been repeatedly debated. We first apply Rawls' principles of justice to the case of microcredit interest rates and suggest some limitations related to the hypothesis of rationality of the borrowers and the level of inequality. We then suggest another framework based on the analysis of the distribution of the benefits generated by (...) the transaction to assess the fairness of interest rates. We conceptualize this as the distribution of the bargaining range between the borrowers' and the institutions' reservation price and discuss what these reservation prices could be in the context of microfinance. (shrink)

It is the metaphoric doubling of past into present that gave Renaissance ekphrastic representations its techniques of self-understanding. In effect, in the ekphrastic doubling of the past in the present, we notice that historicity becomes an inalienable part of its contemporary credibility. The reduction of distance between life and art, as evident in contemporary obsession with selfies and photographs, thus begins to become the central project of early modern ekphrasis, enhanced in the Renaissance. In sum, art becomes equivalent to legal (...) tender, and ekphrasis, a principle of exchange and substitution, through which objects and artefacts seem to be in danger of losing their particularities and gaining new generic human values. When Shakespeare wrote The Rape of Lucrece, it was ekphrasis that allowed Shakespeare to speak about the ills of his own times through a Greco-Roman subject. The metaphorical implications that his story has for the issues of good government and private and public securit... (shrink)

This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer (...) historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem. (shrink)

This study reinterprets the core concept of bao 報 (reciprocity or recompense) within the Confucian tradition through the lens of yili zhi bian 義利之辨 (debate of righteousness and profit). It examines the relevant discourses of Confucius, Mencius, Xunzi, Zhou Dunyi, Zhu Xi, and Wang Yangming. By analyzing these discussions, the paper elucidates the transformations in the meaning of bao embedded in the moral principles and views on righteousness in Confucian thought. Furthermore, it systematizes the notion of “virtue” (dexing 德性) (...) into three categories: great virtue (dadexing 大德性), non-virtue (feidexing 非德性), and theological virtue (chaodexing 超德性), thereby uncovering the multidimensional implications of bao. Confucius and Mencius emphasized the primacy of moral principles, advocating for the pursuit of legitimate profit (li 利) grounded in righteousness (yi 義). They further concretized the ethical significance of bao by asserting that “requite kindness with kindness; requite resentment with justice.” Xunzi, on the other hand, stressed the regulation of human nature through ritual propriety and postnatal education, proposing that profit should be harmoniously controlled through righteousness. The Neo-Confucian scholars of the Song and Ming dynasties advanced the yili zhi bian to a metaphysical level. In particular, Wang Yangming sought to reconcile righteousness and profit by grounding them in inner conscience and virtue through his doctrine of the “unity of knowledge and action” (zhixing heyi 知行合一). Consequently, the concept of bao evolved beyond mere reciprocity or transactional exchange, emerging as a principle of moral cultivation and ethical practice. This reinterpretation offers a foundation for moral reasoning in the face of contemporary ethical uncertainties, providing a basis for strengthening the moral fabric of modern society while fostering individual moral self-cultivation. (shrink)

This paper argues that independent auditors have lost sight of their obligation to be truly impartial, and have increasingly adopted an attitude of client advocacy. We argue that auditors have a professional obligation to go beyond merely passing judgment on whether client accounting methods are acceptable under GAAP, and to judge whether the principles adopted are the most appropriate under the circumstances. We then review recent evidence which suggests that auditors have abandoned this objective in favor of advocating client-preferred (...) principles. The results of a survey of public accountants employed by small CPA firms indicates that, in a scenario in which an auditor did not feel that the client's accounting treatment was the most appropriate under the circumstances but it was recognized as an acceptable alternative under GAAP, advocacy of the client-preferred approach is considered appropriate and is very likely to occur in practice. In less subtle cases (e.g., when the auditor did not feel that the client's treatment provided the best reflection of the economic substance of the underlying transactions), survey participants as a group were ambivalent regarding the appropriateness of client advocacy, and felt that subordination of judgment was likely to occur in practice. The results also indicate that engagement risk, or the risk that the firm will be harmed by aggressive behavior, affects judgments of both the appropriateness and likelihood of subordination of judgment. These findings suggest that auditors have adopted an ideology of client advocacy, within the constraints of engagement risk. (shrink)

Heralded as revolutionary in their potential to improve efficiency, transparency, and sustainability, blockchain technologies promise new forms of large-scale coordination between actors that do not necessarily trust each other. This paper examines blockchain imaginaries and associated metaphors. Our analysis focuses on bitcoin and ethereum, today’s most prominent blockchains that use the proof-of-work consensus mechanism. We identify three principles that organise blockchain imaginaries: substantial, morphological, and structural. These principles position blockchain as an enabler of economic, political and epistemological practices, (...) respectively. Blockchain infrastructure and protocols rely on substantial metaphors (e.g. gold, gas) to govern resource allocation, morphological metaphors (e.g. work, trust) to generate consensus and structural metaphors (e.g. chain, transaction) to establish shared knowledge. Those imaginaries rely on metaphorical displacements of meaning that make blockchain technology relevant and intelligible while simultaneously shaping the direction of technological development and positing these technologies as new forms of economic, political and epistemological organisation. They are not merely descriptive but performative. We conclude by showing how these principles partially overlap with three symbolically generalized media: money, power and truth. Money organises scarcity within the economic system, power organises consensus within the political system, and truth organises knowledge within the science system. (shrink)

In this book, the contributors expand on their use of Mayes archetypal pedagogy in volume 1 to apply its principles to a wide variety of venues, purposes, and projects. Each essay explores from its own disciplinary angle the difference between what Mayes has called "educational processes" (which are those practices that take place in the dedicated space of the classroom, through the medium of the curriculum, and under the stewardship of the teacher) and "educative acts" (which are those deep (...) transactions between individuals in joint pursuit of existential truth, wherein one is alternately the teacher and student in conversation, and sometimes even communion, with one's dialogical partner"). (shrink)

The present paper deals thus with some fundamental agreements and disagreements between Peirce and James, on crucial issues such as perception and consciousness. When Peirce first read the Principles, he was sketching his theory of the categories, testing its applications in many fields of knowledge, and many investigations were launched, concerning indexicals, diagrams, growth and development. James's utterances led Peirce to make his own views clearer on a wide range of topics that go to the heart of the foundations (...) of psychology and that involve the relationship between perception and logic, between consciousness and the categories, between abstraction and the 'stream of thought'. The idea is to show that Peirce detected important discoveries and insights in the Principles, but felt that James could not make proper use of them because of logical confusions, and also because of his "clandestine" metaphysics. The point in this essay is thus not to look for remains of psychologism in Peirce's writings,13 but to look at Peirce's comments about James's psychology in an attempt to identify where and why Peirce amended James's views. Since the project to provide some insight on Peirce's extensive reading ofJames's Principles of Psycho/.ogy would deserve a full volume, I shall focus here on three occasions where Peirce explicidy commented on Jarnes's Principles. In the first section, I shall consider bis assessment of James's chapter on space, which was published as a series of articles in 1887, in Mind. I shall then turn to the 1891 review of the Principles in The Nation for important complements on perception as inference. In the third section, I shall deal with Peirce's manuscript "Questions on James's Principles"(Rl099). These "Questions" reveal a deep interest in psychological problems and suggest different ways along which Peirce's new advances in the field of the categories, of continuity, and abstraction could provide a proper basis for the philosophy of mind. (shrink)

Charles Peirce claimed that "anything is general in so far as the principle of excluded middle does not apply to it and is vague in so far as the principle of contradiction does not apply to it." This seems to imply that general propositions are neither true nor false and that vague propositions are both true and false. But this is not the case. I argue that Peirce's claim was intended to underscore relatively simple facts about quantification and negation, and (...) that it implies neither that general propositions are neither true nor false nor that vague propositions are both true and false. (shrink)

The holism-reductionism debate, one of the classic subjects of study in the philosopy of science, is currently at the heart of epistemological concerns in ecology. Yet the division between holism and reductionism does not always stand out clearly in this field. In particular, almost all work in ecosystem ecology and landscape ecology presents itself as holistic and emergentist. Nonetheless, the operational approaches used rely on conventional reductionist methodology.From an emergentist epistemological perspective, a set of general 'transactional' principles inspired (...) by the work of J. Dewey and J.K. Feibleman are proposed in an effort to develop a coherent ontological and methodological semantics. (shrink)

This paper introduces a new, expanded range of relevant cognitive psychological research on collaborative recall and social memory to the philosophical debate on extended and distributed cognition. We start by examining the case for extended cognition based on the complementarity of inner and outer resources, by which neural, bodily, social, and environmental resources with disparate but complementary properties are integrated into hybrid cognitive systems, transforming or augmenting the nature of remembering or decision-making. Adams and Aizawa, noting this distinctive complementarity argument, (...) say that they agree with it completely: but they describe it as “a non-revolutionary approach” which leaves “the cognitive psychology of memory as the study of processes that take place, essentially without exception, within nervous systems.” In response, we carve out, on distinct conceptual and empirical grounds, a rich middle ground between internalist forms of cognitivism and radical anti-cognitivism. Drawing both on extended cognition literature and on Sterelny’s account of the “scaffolded mind” (this issue), we develop a multidimensional framework for understanding varying relations between agents and external resources, both technological and social. On this basis we argue that, independent of any more “revolutionary” metaphysical claims about the partial constitution of cognitive processes by external resources, a thesis of scaffolded or distributed cognition can substantially influence or transform explanatory practice in cognitive science. Critics also cite various empirical results as evidence against the idea that remembering can extend beyond skull and skin. We respond with a more principled, representative survey of the scientific psychology of memory, focussing in particular on robust recent empirical traditions for the study of collaborative recall and transactive social memory. We describe our own empirical research on socially distributed remembering, aimed at identifying conditions for mnemonic emergence in collaborative groups. Philosophical debates about extended, embedded, and distributed cognition can thus make richer, mutually beneficial contact with independently motivated research programs in the cognitive psychology of memory. (shrink)

Liberalism and Distributive Justice discusses liberalism, capitalism, distributive justice, and John Rawls's difference principle. Chapters are organized in a narrative arc: from liberalism as the dominant political and economic system, to the laws governing interpersonal transactions in liberal society, to basic economic and political institutions that determine distributive justice.

The principles of historical materialism involve Marx in making two crucial claims about freedom. The first is that the revolutionary proletariat is, in an important sense, more free than its class antagonist the bourgeoisie. The second is that the beneficiaries of a successful proletarian revolution—the members of a solidly established communist society—enjoy a greater freedom than even proletarians engaged in revolutionary praxis. It is perhaps natural to take Marx to be operating here with what might be called a logically (...) continuous notion of freedom, established communists enjoying to perfection what revolutionary proletarians merely imperfectly experience and what the bourgeoisie entirely misses. But whatever one's views might be about what Marx in fact says about freedom this cannot be what he ought to say for his theory of freedom to work. The kind of line Marx need to take finds a significant precedent in his economics where we find a theory implying two quite distinct logical dimensions in that the principles and concepts designed to apply to the transactions of capitalism necessarily lack descriptive purchase on communist economic reality. The existence of these two dimensions, and particularly Marx's comparative silence as to the nature of the second, reflect his conviction that the transition between the two systems must be marked by a profound conceptual as well as material break. Consequently it is not unreasonable, perhaps, to look for an analogous discontinuity in his metaphysics and to expect to find two distinct varieties of freedom, the one reflecting the nature of class society, the other of human community. (shrink)

Clicks, comments, transactions, and physical movements are being increasingly recorded and analyzed by Big Data processors who use this information to trace the sentiment and activities of markets and voters. While the benefits of Big Data have received considerable attention, it is the potential social costs of practices associated with Big Data that are of interest to us in this paper. Prior research has investigated the impact of Big Data on individual privacy rights, however, there is also growing recognition of (...) its capacity to be mobilized for surveillance purposes. Our paper delineates the underlying issues of privacy and surveillance and presents them as in tension with one another. We postulate that efforts at controlling Big Data may create a trade-off of risks rather than an overall improvement in data protection. We explore this idea in relation to the principles of the European Union’s General Data Protection Regulation as it arguably embodies the new ‘gold standard’ of cyber-laws. We posit that safeguards advocated by the law, anonymization and pseudonymization, while representing effective counter measures to privacy concerns, also incentivize the use, collection, and trade of behavioral and other forms of de-identified data. We consider the legal status of these ownerless forms of data, arguing that data protection techniques such as anonymization and pseudonymization raise significant concerns over the ownership of behavioral data and its potential use in the large-scale modification of activities and choices made both on and offline. (shrink)