154,014 research outputs found

    Against Morgan's Canon

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    The direct perception hypothesis: perceiving the intention of another’s action hinders its precise imitation

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    We argue that imitation is a learning response to unintelligible actions, especially to social conventions. Various strands of evidence are converging on this conclusion, but further progress has been hampered by an outdated theory of perceptual experience. Comparative psychology continues to be premised on the doctrine that humans and nonhuman primates only perceive others’ physical ‘surface behavior’, while mental states are perceptually inaccessible. However, a growing consensus in social cognition research accepts the Direct Perception Hypothesis: primarily we see what others aim to do; we do not infer it from their motions. Indeed, physical details are overlooked – unless the action is unintelligible. On this basis we hypothesize that apes’ propensity to copy the goal of an action, rather than its precise means, is largely dependent on its perceived intelligibility. Conversely, children copy means more often than adults and apes because, uniquely, much adult human behavior is completely unintelligible to unenculturated observers due to the pervasiveness of arbitrary social conventions, as exemplified by customs, rituals, and languages. We expect the propensity to imitate to be inversely correlated with the familiarity of cultural practices, as indexed by age and/or socio-cultural competence. The Direct Perception Hypothesis thereby helps to parsimoniously explain the most important findings of imitation research, including children’s over-imitation and other species-typical and age-related variations

    The Law and Economics Debate about Secured Lending: Lessons for European LawMaking?

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    This review paper is a contribution to a symposium on the 'Future of Secured Credit in Europe'. Its theme is the way in which empirical research has shed light on earlier theoretical literature. These findings tend to suggest that the legal institution of secured credit is, on the whole, socially beneficial, and that such benefits are likely to outweigh any associated social costs. Having made this general claim, the paper then turns to consider the effects of four particular dimensions across which systems of secured credit may differ, and which may therefore be of interest to European law-makers. These are: (i) the scope of permissible collateral; (ii) the efficacy of enforcement; (iii) the priority treatment of secured creditors; and (iv) the mechanisms employed to assist third parties in discovering that security has been granted. In each case, consideration is paid first to the theoretical position, and then empirical findings. It is argued that perhaps the most difficult of these issues for European law-makers concerns the appropriate design of publicity mechanisms for third parties.secured credit, European corporate finance, notice filing, enforcement, insolvency priorities

    Meet Me in the Middle?

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    Meaning, Purpose, and Cause in the Law of Deception

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    Laws designed to affect the flow of information take many forms: rules against misrepresentation, disclosure requirements, secrecy requirements, rules governing the formatting or packaging of information, and interpretive rules designed to give people new reasons to share information. Together these and similar rules constitute the law of deception: laws that aim to prevent or cure deception. One encounters similar problems of design, function and justification throughout the law of deception. Yet very little has been written about the category as a whole. This article begins to sketch a general theory. It identifies three regulatory approaches. Interpretive laws, such as common law fraud, prohibit the making of untrue statements. These laws work by giving legal effect to commonly understood extralegal norms of interpretation and truth telling, in order to achieve specifically legal ends. Purpose-based laws, such as the tort of concealment, target acts done with a bad intent. Rather than employing an objective standard of behavior, they define the object of regulation by an actor\u27s wrongful state of mind. Finally, causal-predictive laws employ everyday folk-psychology, empirical studies or cognitive theory to predict the informational effects of narrowly described behaviors. Much consumer protection law is of the causal-predictive sort. These regulatory approaches reach different types of informationally significant behavior, are suited to different regulatory ends, and require different institutional competencies. After describing the strengths and weaknesses of each approach, the article applies the theory to the Lanham Act\u27s false advertising provisions. In deciding Lanham Act cases, courts have arrived at a complex set of rules that include all three approaches. A critical analysis of those rules illustrates the theory\u27s ability both to explain the law of deception and to recommend improvements in it

    Does Institutional Context Affect CSR Disclosure? A Study on Eurostoxx 50

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    We propose to investigate the relationship between corporate social responsibility disclosure and institutional/environmental factors among a sample of European listed companies. We find that, by using several traditional explicative variables, institutional factors affect the level of CSR disclosure, in a context where the EU Commission has been paying growing attention to social and environmental accountability of listed companies (see the EU Dir. 95/2014). Our findings are further supported by multivariate regression, where ESG score (measure of CSR disclosure) is regressed on nine variables which represent the expression of institutional factors. By looking at the institutional determinants of CSR disclosure, we are seeking to pose a challenge for future research agenda, in order to understand whether CSR does actually reflect an effective commitment of firms to accounting practices and rules, as a form of social behavior, or whether it is just a tool to manage stakeholders’ perception and to comply with regulation

    Meditation Experiences, Self, and Boundaries of Consciousness

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    Our experiences with the external world are possible mainly through vision, hearing, taste, touch, and smell providing us a sense of reality. How the brain is able to seamlessly integrate stimuli from our external and internal world into our sense of reality has yet to be adequately explained in the literature. We have previously proposed a three-dimensional unified model of consciousness that partly explains the dynamic mechanism. Here we further expand our model and include illustrations to provide a better conception of the ill-defined space within the self, providing insight into a unified mind-body concept. In this article, we propose that our senses “super-impose” on an existing dynamic space within us after a slight, imperceptible delay. The existing space includes the entire intrapersonal space and can also be called the “the body’s internal 3D default space”. We provide examples from meditation experiences to help explain how the sense of ‘self’ can be experienced through meditation practice associated with underlying physiological processes that take place through cardio-respiratory synchronization and coherence that is developed among areas of the brain. Meditation practice can help keep the body in a parasympathetic dominant state during meditation, allowing an experience of inner ‘self’. Understanding this physical and functional space could help unlock the mysteries of the function of memory and cognition, allowing clinicians to better recognize and treat disorders of the mind by recommending proven techniques to reduce stress as an adjunct to medication treatment

    Cultural Paradigms in Property Institutions

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    Do “cultural factors” substantively influence the creation and evolution of property institutions? For the past several decades, few legal scholars have answered affirmatively. Those inclined towards a law and economics methodology tend to see property institutions as the outcome of self-interested and utilitarian bargaining, and therefore often question the analytical usefulness of “culture.” The major emerging alternative, a progressive literature that emphasizes the social embeddedness of property institutions and individuals, is theoretically more accommodating of cultural analysis but has done very little of it. This Article develops a “cultural” theory of how property institutions are created and demonstrates that such a theory is particularly powerful in explaining large-scale institutional differences between societies. Empirically, it argues that, in the two centuries before large-scale industrialization, China, England, and Japan displayed systematic and fundamental differences in their regulation of property use and transfer. It further argues that these legal and institutional differences are best explained by certain aspects of social culture, specifically by the criteria for sociopolitical status distribution. Some of these criteria are distinctly “cultural” in the sense that they were probably generated by the widespread social internalization of moral values, rather than by utilitarian bargaining. Cultural paradigms can exist, therefore, in property institutions. If we assume, as conventional law and economics urges, that individuals generally approach property use and regulation through a self-interested and utilitarian mindset, their pursuit of personal utility can nonetheless be constrained or empowered by cultural norms of status distribution that determine their relative bargaining power

    Competing or aiming to be average?: Normification as a means of engaging digital volunteers

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    Engagement, motivation and active contribution by digital volunteers are key requirements for crowdsourcing and citizen science projects. Many systems use competitive elements, for example point scoring and leaderboards, to achieve these ends. However, while competition may motivate some people, it can have a neutral or demotivating effect on others. In this paper we explore theories of personal and social norms and investigate normification as an alternative approach to engagement, to be used alongside or instead of competitive strategies. We provide a systematic review of existing crowdsourcing and citizen science literature and categorise the ways that theories of norms have been incorporated to date. We then present qualitative interview data from a pro-environmental crowdsourcing study, Close the Door, which reveals normalising attitudes in certain participants. We assess how this links with competitive behaviour and participant performance. Based on our findings and analysis of norm theories, we consider the implications for designers wishing to use normification as an engagement strategy in crowdsourcing and citizen science systems
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