Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

In this paper a system, RPF, of second-order relevance logic with S5 necessity is presented which contains a defined, notion of identity for propositions. A complete semantics is provided. It is shown that RPF allows for more than one necessary proposition. RPF contains primitive syntactic counterparts of the following semantic notions: (1) the reflexive, symmetrical, transitive binary alternativeness relation for S5 necessity, (2) the ternary Routley-Meyer alternativeness relation for implication, and (3) the Routley-Meyer notion of a prime intensional theory, as (...) well as defined syntactic counterparts, of the semantic notions of a possible world and the Routley-Meyer * operator. (shrink)

In the Tractatus, Wittgenstein maintains that “The world is all that is the case.” Some philosophers have seen an advantage in introducing into a formal language either a constant which will represent the world, or an operator, e.g., ‘Max’, such that indicates that p gives a complete description of the actual world, of the world at some instant of time, or of a possible world. Such propositions are called world propositions, possible world propositions, or maximal propositions. For us, a maximal (...) proposition is a possible world proposition; it gives a complete description of one way the world might be. A maximal proposition p is not logically false, and for any proposition q, either p entails q or p entails not-q. (shrink)

Pioneering biblical critic, theorist of democracy, and legendary conflater of God and nature, Jewish philosopher Baruch Spinoza (1632-1677) was excommunicated by the Sephardic Jews of Amsterdam in 1656 for his "horrible heresies" and "monstrous deeds." Yet, over the past three centuries, Spinoza's rupture with traditional Jewish beliefs and practices has elevated him to a prominent place in genealogies of Jewish modernity. The First Modern Jew provides a riveting look at how Spinoza went from being one of Judaism's most notorious outcasts (...) to one of its most celebrated, if still highly controversial, cultural icons, and a powerful and protean symbol of the first modern secular Jew. Ranging from Amsterdam to Palestine and back again to Europe, the book chronicles Spinoza's posthumous odyssey from marginalized heretic to hero, the exemplar of a whole host of Jewish identities, including cosmopolitan, nationalist, reformist, and rejectionist. Daniel Schwartz shows that in fashioning Spinoza into "the first modern Jew," generations of Jewish intellectuals -German liberals, East European maskilim, secular Zionists, and Yiddishists- have projected their own dilemmas of identity onto him, reshaping the Amsterdam thinker in their own image. The many afterlives of Spinoza are a kind of looking glass into the struggles of Jewish writers over where to draw the boundaries of Jewishness and whether a secular Jewish identity is indeed possible. Cumulatively, these afterlives offer a kaleidoscopic view of modern Jewish culture and a vivid history of an obsession with Spinoza that continues to this day."--Jacket. (shrink)

Cross-situational word learning, like any statistical learning problem, involves tracking the regularities in the environment. However, the information that learners pick up from these regularities is dependent on their learning mechanism. This article investigates the role of one type of mechanism in statistical word learning: competition. Competitive mechanisms would allow learners to find the signal in noisy input and would help to explain the speed with which learners succeed in statistical learning tasks. Because cross-situational word learning provides information at multiple (...) scales—both within and across trials/situations—learners could implement competition at either or both of these scales. A series of four experiments demonstrate that cross-situational learning involves competition at both levels of scale, and that these mechanisms interact to support rapid learning. The impact of both of these mechanisms is considered from the perspective of a process-level understanding of cross-situational learning. (shrink)

A productive way to think about imagistic mental models of physical systems is as though they were sources of quasi‐empirical evidence. People depict or imagine events at those points in time when they would experiment with the world if possible. Moreover, just as they would do when observing the world, people induce patterns of behavior from the results depicted in their imaginations. These resulting patterns of behavior can then be cast into symbolic rules to simplify thinking about future problems and (...) to reveal higher order relationships. Using simple gear problems, three experiments explored the occasions of use for, and the inductive transitions between, depictive models and number‐based rules. The first two experiments used the convergent evidence of problem‐solving latencies, hand motions, referential language and error data to document the initial use of a model, the induction of rules from the modeling results, and the fallback to a model when a rule fails. The third experiment explored the intermediate representations that facilitate the induction of rules from depictive models. The strengths and weaknesses of depictive modeling and more analytic systems of reasoning are delineated to motivate the reasons for these transitions. (shrink)

The authors respond to a letter by Mitchell Berger in the March‐April 2024 issue of the Hastings Center Report concerning their essay “Securing the Trustworthiness of the FDA to Build Public Trust in Vaccines.”.

We have synthesized a 582,970-base pair Mycoplasma genitalium genome. This synthetic genome, named M. genitalium JCVI-1.0, contains all the genes of wild-type M. genitalium G37 except MG408, which was disrupted by an antibiotic marker to block pathogenicity and to allow for selection. To identify the genome as synthetic, we inserted "watermarks" at intergenic sites known to tolerate transposon insertions. Overlapping "cassettes" of 5 to 7 kilobases (kb), assembled from chemically synthesized oligonucleotides, were joined by in vitro recombination to produce intermediate (...) assemblies of approximately 24 kb, 72 kb ("1/8 genome"), and 144 kb ("1/4 genome"), which were all cloned as bacterial artificial chromosomes in Escherichia coli. Most of these intermediate clones were sequenced, and clones of all four 1/4 genomes with the correct sequence were identified. The complete synthetic genome was assembled by transformation-associated recombination cloning in the yeast Saccharomyces cerevisiae, then isolated and sequenced. A clone with the correct sequence was identified. The methods described here will be generally useful for constructing large DNA molecules from chemically synthesized pieces and also from combinations of natural and synthetic DNA segments. 10.1126/science.1151721. (shrink)

Academic social scientists overwhelmingly vote Democratic, and the Democratic hegemony has increased significantly since 1970. Moreover, the policy preferences of a large sample of the members of the scholarly associations in anthropology, economics, history, legal and political philosophy, political science, and sociology generally bear out conjectures about the correspondence of partisan identification with left/right ideal types; although across the board, both Democratic and Republican academics favor government action more than the ideal types might suggest. Variations in policy views among Democrats (...) is smaller than among Republicans. Ideological diversity (as judged not only by voting behavior, but by policy views) is by far the greatest within economics. Social scientists who deviate from left‐wing views are as likely to be libertarian as conservative. (shrink)

One takes advantage of some basic properties of every homotopic \(\lambda\)-model (e.g. extensional Kan complex) to explore the higher \(\beta\eta\)-conversions, which would correspond to proofs of equality between terms of a theory of equality of any extensional Kan complex. Besides, Identity types based on computational paths are adapted to a type-free theory with higher \(\lambda\)-terms, whose equality rules would be contained in the theory of any \(\lambda\)-homotopic model.

ABSTRACTAdam Smith infused the expression ‘impartial spectator’ with a plexus of related meanings, one of which is a super-being, which bears parallels to monotheistic ideas of God. As for any genuine, identified, human spectator, he can be deemed impartial only presumptively. Such presumptive impartiality as regards the incident does not of itself carry extensive implications about his intelligence, nor about his being aligned with benevolence towards any larger whole. We may posit, however, a being who is impartial and who holds (...) higher levels of intelligence and of benevolence, and then converse over what her sentiments would be about the matter under discussion. It is natural to conceive of a being who is unsurpassable in such qualities, who is morally supreme, and who naturally takes the definite article the without having been definitized by the writer. Signal passages, new to edition 6, suggest that Smith formulates the man within the breast as a representative of the always present and everywhere morally supreme impartial spectator. When Smith speaks of the man within the breast as ‘the supposed impartial spectator’, we interpret ‘supposed’ as sup-pos-ed, not sup-pos’d. (shrink)

Recently, a number of experiments have emphasized the degree to which subjects fail to detect large changes in visual scenes. This finding, referred to as “change blindness,” is often considered surprising because many people have the intuition that such changes should be easy to detect. Levin, Momen, Drivdahl, and Simons documented this intuition by showing that the majority of subjects believe they would notice changes that are actually very rarely detected. Thus subjects exhibit a metacognitive error we refer to as (...) “change blindness blindness.” Here, we test whether CBB is caused by a misestimation of the perceptual experience associated with visual changes and show that it persists even when the pre- and postchange views are separated by long delays. In addition, subjects overestimate their change detection ability both when the relevant changes are illustrated by still pictures, and when they are illustrated using videos showing the changes occurring in real time. We conclude that CBB is a robust phenomenon that cannot be accounted for by failure to understand the specific perceptual experience associated with a change. (shrink)

In ‘Reincarnation and Relativized Identity’ 1 J. J. MacIntosh argues that reincarnation is impossible. I wish to make a slightly backhanded defence of reincarnation by showing that MacIntosh's argument does not succeed. I do not follow his recipe for defence of reincarnation exactly.

Children with developmental language disorder (DLD) have significant deficits in language ability that cannot be attributed to neurological damage, hearing impairment, or intellectual disability. The symptoms displayed by children with DLD differ across languages. In English, DLD is often marked by severe difficulties acquiring verb inflection. Such difficulties are less apparent in languages with rich verb morphology like Spanish and Italian. Here we show how these differential profiles can be understood in terms of an interaction between properties of the input (...) language, and the child's ability to learn predictive relations between linguistic elements that are separated within a sentence. We apply a simple associative learning model to sequential English and Spanish stimuli and show how the model's ability to associate cues occurring earlier in time with later outcomes affects the acquisition of verb inflection in English more than in Spanish. We relate this to the high frequency of the English bare form (which acts as a default) and the English process of question formation, which means that (unlike in Spanish) bare forms frequently occur in third‐person singular contexts. Finally, we hypothesize that the pro‐drop nature of Spanish makes it easier to associate person and number cues with the verb inflection than in English. Since the factors that conspire to make English verb inflection particularly challenging for learners with weak sequential learning abilities are much reduced or absent in Spanish, this provides an explanation for why learning Spanish verb inflection is relatively unaffected in children with DLD. (shrink)

Western representation of countries from the Global South implies a dichotomist view of business ethics: on the one hand, universal ethics largely reproduces commonsensical views of the South as ‘less ethical’, and on the other hand, voices from the South are often conditioned to present themselves as substantially indigenous and unambiguous to be accepted as legitimate ethical subjects. We join the growing interest in bridging this gap by drawing on studies from human geography, and ask to what extent the materiality (...) of moral dilemmas bespeaks the disputed underpinning ethical values of a given space. Drawing on Henri Lefebvre’s perspective of the production of social space, we outline and apply the idea of ‘spatial ethics’ to organizations, in order to approach the entanglement between center and periphery. We analyze organizations in favelas, which are, for many authors, territories where experiences are extreme, and poverty and violence mix with vibrant culture and ingenuity. We critically approach the field of business ethics and suggest that one way of moving beyond the North–South debate is to consider that ethics cannot be transmitted or represented in empty milieus. (shrink)

Christopher Hookway has been influential in promoting engagement with pragmatist and naturalist perspectives from classical and contemporary American philosophy. This book reflects on Hookway’s work on the American philosophical tradition and its significance for contemporary discussions of the understanding of mind, meaning, knowledge, and value. -/- Hookway’s original and extensive studies of Charles S. Peirce have made him among the most admired and frequently referenced of Peirce’s interpreters. His work on classical American pragmatism has explored the philosophies of William James, (...) John Dewey, and Josiah Royce, and examined the influence of pragmatist ideas outside of the United States. Additionally, Hookway has participated in a number of celebrated exchanges with some of the most high-profile figures of twentieth- and twenty-first-century philosophy, including Karl-Otto Apel, Philip Pettit, Hilary Putnam, and W.V.O. Quine, through which his treatments of a large range of topics in epistemology and the philosophies of mind and language have been developed and promoted. The chapters in this book—which include contributions from several of Hookway’s former students and colleagues—include studies of Hookway’s engagement with the works of Peirce, James, and Dewey, his contributions to virtue epistemology, and his discussions of hope and pragmatist metaphysics. -/- Pragmatic Reason will be of interest to researchers and advanced students working on American philosophy, the history of analytic philosophy, and epistemology. (shrink)

_An assessment and reevaluation of nihilism’s ascendency over metaphysics._.

Cross-cultural studies have revealed broad quantitative associations between subsistence practice and demographic parameters for preindustrial populations. One explanation is that variationin the availability of suitable weaning foods influenced the frequency and duration of breastfeeding and thus the length of interbirth intervals and the probability of child survival (the “weaning food availability” hypothesis). We examine the available data on weaning age variation in preindustrial populations and report results of a cross-cultural test of the predictions that weaning occurred earlier in agricultural and (...) pastoral populations because dairy and cereal production increased the availability of easily digestible, nutrientrich foods appropriate for weaning. We found that, contrary to predictions, supplementation with liquid foods other than breast milk was delayed in agricultural populations relative to less agriculturally dependent ones and complementary feeding with solid foods was delayed in pastoral populations relative to those less dependent on herding. Although the duration of breastfeeding was longer in populations dependent on hunting, there was no qualitative evidence that such populations lacked foods appropriate for weaning. The patterns observed suggest that the relationships between demography and subsistence observed among preindustrial societies cannot be explained by the “weaning food availability” hypothesis. We discuss the implications for understanding the mechanisms underlying prehistoric human demography, subsistence shifts, allocation to parenting and mating effort, and the evolutionary implications of tradeoffs between diet and disease. (shrink)

Recent studies challenge the classical view that the origin of animal life was primarily controlled by atmospheric oxygen levels. For example, some modern sponges, representing early‐branching animals, can live under 200 times less oxygen than currently present in the atmosphere – levels commonly thought to have been maintained prior to their origination. Furthermore, it is increasingly argued that the earliest animals, which likely lived in low oxygen environments, played an active role in constructing the well‐oxygenated conditions typical of the modern (...) oceans. Therefore, while oxygen is still relevant to understanding early animal evolution, the relationships between the two might be less straightforward than previously thought. (shrink)

Dealing with major issues in Jewish biomedical law, this book focuses upon the influence of morality, the rise of patient autonomy, and the role played by scientific progress in this area of Jewish Law. The book examines Jewish Law in comparison with canon, common, and modern Israeli law.

Within bioethics as well as in broader clinical practice, support for transgender and gender‐questioning adolescent access to pubertal suppression has often relied heavily on the desire to prevent risky, self‐destructive, and suicidal behavior. We argue that framing justifications for access to puberty suppression in this way can actually be harmful to both individual patients as well as to the broader trans population. This justification for access to care makes such access precarious, limits its scope, and introduces perverse incentives to the (...) patient population that is being served. We go on to offer an alternative, positive defense of access to puberty‐blocking treatment for transgender youth grounded in the child's right to an open future. We argue that decisions related to pubertal suppression are both importantly weighty and potentially irreversible, and show why this justification is preferable to so‐called “informed consent” approaches. (shrink)

ABSTRACTThe visual system has been found to prioritise emotional stimuli so robustly that their presence can temporarily “blind” people to non-emotional targets in their direct line of vision. This...

Knowledge consists of the triad: information, interpretation, and judgement. Much of modern political economy has miscarried by proceeding as though knowledge were merely “information” that is, as though interpretation were symmetric and final. Economic prosperity depends greatly on new knowledge or “discovery” of profit opportunities that translate into social betterment. These discoveries are often a transcending of the working interpretation, not merely the acquisition of new information. The evolution of interpretations is key to appreciating voluntarism as a maxim for policy. (...) Smith, Hayek, and Kirzner taught that bad public policy is partly the result of not knowing better, not of evil or greed. Economists may justify their efforts and their salaries chiefly by teaching citizens to know better. Such is the economist’s calling.La connaissance consiste en une triade : information, interprétation, et jugement. Une bonne part de l’économie politique moderne a échoué en assimilant la connaissance à l’information, ce qui revenait à dire que l’interprétation était symétrique et ultime. La prospérité économique repose dans une grande mesure sur l’émergence de nouvelles connaissances ou la “découverte” d’occasions de profit porteuses d’améliorations sociales. Souvent ces découvertes transcendent l’interprétation courante et non seulement l’acquisition de nouvelles informations. L’évolution des interprétations est essentielle pour évaluer le volontarisme en tant que maxime pour la politique. Smith, Hayek et Kirzner nous ont enseigné que des politiques publiques inappropriées résultent en partie d’une déficience de connaissances plutôt que de mauvaises intentions ou d’avidité. Les économistes peuvent justifier leurs efforts et leurs salaires essentiellement en apprenant aux citoyens à s’enrichir de connaissances. Telle est la vocation de l’économiste. (shrink)

Thomas Schelling has described how each of us is made up of conflicting impulses. The art of managing these impulses Schelling dubs ?egonomics?. The idea of egonomic calamity underlies paternalism (or, breaking convention, what I call ?parentalism'). The paper argues for laissez?faire in matters egonomic. The rationalizations I give for this libertarian sentiment are old ones, such as accentuating the dignity of the individual and letting the individual learn from example and from his own experience. Also I note, as H. (...) L. Mencken did, that parentalist measures often have unhappy unintended consequences, sometimes are counter?productive, and rarely are borne of sincere good?will. (shrink)

At lunch one day a colleague and I had a friendly argument over occupational licensing. I attacked it for being anticompetitive, arguing that licensing boards raise occupational incomes by restricting entry, advertising, and commercialization. My colleague, while acknowledging anticompetitive aspects, affirmed the need for licensing on the grounds of protecting the consumer from frauds and quacks. In many areas of infrequent and specialized dealing, consumers are not able, ex ante or even ex post, to evaluate competence. I countered by suggesting (...) voluntary means by which reputational problems might be handled and by returning to the offensive. I said that in fact the impetus for licensing usually comes from the practitioners, not their customers, and that licensing boards seldom devote their time to ferreting out incompetence but rather simply to prosecuting unlicensed practitioners. I mentioned cross-sectional findings, such as those on state licensure, prices, and occupational incomes. Overall, I characterized the professional establishment as a group of dastardly operators, who set the standards, write the codes, and enforce behavior to enhance their own material wellbeing - in brief, as venal rent-seekers. (shrink)

Many high-risk medical devices earn US marketing approval based on limited premarket clinical evaluation that leaves important questions unanswered. Rigorous postmarket surveillance includes registries that actively collect and maintain information defined by individual patient exposures to particular devices. Several prominent registries for cardiovascular devices require enrolment as a condition of reimbursement for the implant procedure, without informed consent. In this article, we focus on whether these registries, separate from their legal requirements, have an ethical obligation to obtain informed consent from (...) enrolees, what is lost in not doing so, and the ways in which seeking and obtaining consent might strengthen postmarket surveillance in the USA. (shrink)