1,513 research outputs found

    Autonomy, Pluralism, and Contract Law Theory

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    The Structure of Space and Time, and Physical Indeterminacy

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    I introduce a sequence which I call 'indefinite': a sequence every element of which has a successor but whose number of elements is bounded; this is no contradiction. I then consider the possibility of space and time being indefinitely divisible. This is theoretically possible and agrees with experience. If this is space and time's structure, then even if the laws of nature are deterministic, the behaviour of physical systems will be probabilistic. This approach may also shed light on directionality in time, a source of the Uncertainty Principle, and the reality of chaos

    Rebuilding the Feminine in Levinas's Talmudic Readings

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    This study presents a reconsideration of Levinas’s concept of the feminine. This reconsideration facilitated by a philosophically informed analysis of Levinas’s Talmudic readings on that subject. The innovation of this research is based on the methodology which combined the two corpuses of Levinas’ writings as important parts of his thought. Two main phenomena are derived from Levinas’ Talmudic readings and arouse main principles of his ethics. In the hearth of the discussion on Eros stated the differentiation of feminine and masculine in Levinas’ thought, and its implication of gender and Ethics of otherness. In the center of Levinas’ terminology of maternity stated his phenomenology of pregnancy, and its ethical implication on responsibility to the other. The extreme responsibility committed to the subject since there is a immanent conflict between parents and their child. The characters of Leivnas’ discussion which described here are obligating the reconsideration of the philosophical question: are Levinas’ concepts of the feminine exclusive to the women? The subjects of Levinas’s exploration of the feminine, in this view, emerge from his Talmudic readings, but his phenomenological analysis of those very subjects goes beyond what can be found in those readings. Analyzing the meaning of the difference between the sexes—the topic of one of the Talmudic readings—leads Levinas to a wider phenomenological treatment of the status of woman that does not bypass the feminine voice. Delving into the Talmudic concept of rodef (persecutor) as applied to the relationship of fetus and mother leads Levinas to a phenomenological analysis of the concept of maternity and readiness to accept responsibility (even suffering) for the Other. Those two discussions lead us to a rereading of Levinas’s essay “Phenomenology of Eros” and enable us to rebut the charge that in that essay Levinas presents only a masculine voice. Levinas’s concept of “responsibility” will be seen to resemble the feminist psychologist Carol Gilligan’s concept of “care.” We must then reconsider whether Levinas’s concept of the feminine is exclusively the domain of women

    The Structure of Space and Time, and Physical Indeterminacy

    Get PDF
    I introduce a sequence which I call indefinite: a sequence every element of which has a successor but whose number of elements is bounded; this is no contradiction. I then consider the possibility of space and time being indefinitely divisible. This is theoretically possible and agrees with experience. If this is space and time’s structure, then even if the laws of nature are deterministic, the behaviour of physical systems will be probabilistic. This approach may also shed light on directionality in time, a source of the Uncertainty Principle, and the reality of chaos

    On Leveraging Partial Paths in Partially-Connected Networks

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    Mobile wireless network research focuses on scenarios at the extremes of the network connectivity continuum where the probability of all nodes being connected is either close to unity, assuming connected paths between all nodes (mobile ad hoc networks), or it is close to zero, assuming no multi-hop paths exist at all (delay-tolerant networks). In this paper, we argue that a sizable fraction of networks lies between these extremes and is characterized by the existence of partial paths, i.e. multi-hop path segments that allow forwarding data closer to the destination even when no end-to-end path is available. A fundamental issue in such networks is dealing with disruptions of end-to-end paths. Under a stochastic model, we compare the performance of the established end-to-end retransmission (ignoring partial paths), against a forwarding mechanism that leverages partial paths to forward data closer to the destination even during disruption periods. Perhaps surprisingly, the alternative mechanism is not necessarily superior. However, under a stochastic monotonicity condition between current v.s. future path length, which we demonstrate to hold in typical network models, we manage to prove superiority of the alternative mechanism in stochastic dominance terms. We believe that this study could serve as a foundation to design more efficient data transfer protocols for partially-connected networks, which could potentially help reducing the gap between applications that can be supported over disconnected networks and those requiring full connectivity.Comment: Extended version of paper appearing at IEEE INFOCOM 2009, April 20-25, Rio de Janeiro, Brazi

    On the Origins of Negative Attitudes Towards People With Disabilities

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    The literature review classifies reported sources of negative attitudes toward the disabled into 13 psychodynamic and sociological categories and stresses the difficulty of quickly changing such negative attitudes

    In Defense of the Good Samaritan

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    In the year 1880, in Dalles City, Oregon, a large and valuable load of lumber fell into the Columbia River and was about to be carried away by the river\u27s waters. Since Savage, the owner of this lumber, was absent from the scene, Glenn - who, at that time, was doing construction work for Savage - furnished help and did service in saving the lumber from being washed away and lost. Seven years later, the Supreme Court of Oregon rejected Glenn\u27s claim that Savage owed him the reasonable value of his services as well as of the services of the workmen he employed in saving the lumber. The court did not deny that these services had been meritorious, and probably beneficial, to Savage, but it nonetheless insisted that the services could not create a legal liability on the part of Savage. To make him liable, the Court ruled, he must either have requested the performance of the service, or, after he knew of the service, he must have promised to pay for it. Otherwise, the law deems an act done for the benefit of another, without his request, as a voluntary act of courtesy, for which no action can be sustained. Were it otherwise, the Court explained, the result would be ruinous litigation, and the overthrow of personal rights and civil freedom. As the New Jersey Supreme Court had put it, in an earlier case cited by the Glenn Court, were such actions permitted, [n]o man\u27s private business...would be under his control, or free from the interference of strangers, perhaps idlers, drunkards, and perhaps enemies, under such pretences, drawing him from business into litigation. Furthermore, if the law were otherwise, it would do violence to some of the kindest and best effusions of the heart to suffer them afterwards to be perverted by sordid avarice. Hence, the law must not permit meritorious and generous acts to be afterwards converted into a pecuniary demand

    Markets for Self-Authorship

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    Markets are complex phenomena with heterogeneous manifestations. They involve different types of goods and services and can be structured around different property and contract types. This plurality of markets justifies a careful attitude towards the definition of a market. It also counsels some suspicion towards overly-broad normative judgments, be they celebratory or critical, launched at markets-as-such. But markets are powerful institutions that significantly impact individuals, affect relationships, and shape societies. They should thus be subject to critical scrutiny vis-A-vis the various goals that justify the complex legal arrangements which sustain them. Promoting social welfare, rewarding desert, inculcating virtues, and spreading power are all worthy objectives that deserve their prominent status in this crucial exercise. But at least for a liberal polity, facilitating our self-authorship must be the fundamental goal. Markets play a vital autonomy-enhancing role of enabling mobility and expanding options. Appreciating the significance of these functions and their emancipatory potential implies that liberal polities should strive to shape markets in line with this telos of the market. I do not pretend to have offered an exhaustive treatment of this challenge in this short Article; 10 1 but I do hope that I have made some progress and, even more significantly, demonstrated the promise of this endeavor
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