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Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Private law theory is pulled in opposite directions: internal and external perspectives on law; holistic and reductionist methodologies; conceptualist and nominalist views; and deontological and consequentialist approaches. Relatedly, theories tend to focus on the micro or the macro scales – interpersonal relations or societal effects – but face difficulties in connecting them. In this paper, we examine these problems in private law theory through the lens of the legal phenomenology of Adolf Reinach. According to Reinach, the law presupposes a realm of real, timeless entitles and their workings that are synthetic a priori: they are neither conventional nor contingent. Nor are they inherently moral or customary. We argue that regardless of the ontological status of what Reinach identifies as a priori, it points toward something more robust than most current theories would countenance. We illustrate the usefulness of this perspective through Reinach’s analysis of property, transfer, and representation. Reinach captures features and generalizations that have eluded analysis, as, for example, when he treats the principle of nemo dat quod non habet (‘one cannot transfer what one does not own’) as underlying all transfer even if displaced by positive rules such as good faith purchase. His views also point toward the importance of accessibility for legal concepts, including cases of tacit knowledge. Whatever its exact source, this “deep structure” of the law has the potential to partially reconcile some of the fissures in private law theory and to connect the micro and the macro through a better understanding of system in law.
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
This volume introduces the legal philosopher Adolf Reinach and his contributions to speech act theory, as well as his analysis of basic legal concepts and their relationship to positive law. Reinach's thorough analysis has recently garnered growing interest in private law theory, yet his 'phenomenological realist' philosophical approach is not in line with contemporary mainstream approaches. The essays in this volume resuscitate and interrogate Reinach's unique account of the foundations of private law, situating him in contemporary private law theory and broader philosophical currents. The work also makes Reinach's methods more accessible to those unfamiliar with early phenomenology. Together these contributions prove that while Reinach's perspective on private law shares similarities and points of departure with trends in today's legal theory, many of his insights remain singular and illuminating in their own right. This title is also available as Open Access on Cambridge Core.
‘Biological’ and ‘social’ perspectives in psychiatry have exchanged dominance at different times in the history of our field and are sometimes erroneously viewed as being contrasting and mutually exclusive paradigms. We argue that the arbitrary ‘biological/social’ divide in psychiatry is misleading, unhelpful, and ultimately a false one. We propose that the evolutionary perspective provides a necessary framework and metatheory that can bridge this apparent schism in psychiatric thinking, providing novel and useful insights into how we can better assess, diagnose, and treat our patients.
The Eighth World Congress of Pediatric Cardiology and Cardiac Surgery (WCPCCS) will be held in Washington DC, USA, from Saturday, 26 August, 2023 to Friday, 1 September, 2023, inclusive. The Eighth World Congress of Pediatric Cardiology and Cardiac Surgery will be the largest and most comprehensive scientific meeting dedicated to paediatric and congenital cardiac care ever held. At the time of the writing of this manuscript, The Eighth World Congress of Pediatric Cardiology and Cardiac Surgery has 5,037 registered attendees (and rising) from 117 countries, a truly diverse and international faculty of over 925 individuals from 89 countries, over 2,000 individual abstracts and poster presenters from 101 countries, and a Best Abstract Competition featuring 153 oral abstracts from 34 countries. For information about the Eighth World Congress of Pediatric Cardiology and Cardiac Surgery, please visit the following website: [www.WCPCCS2023.org]. The purpose of this manuscript is to review the activities related to global health and advocacy that will occur at the Eighth World Congress of Pediatric Cardiology and Cardiac Surgery.
Acknowledging the need for urgent change, we wanted to take the opportunity to bring a common voice to the global community and issue the Washington DC WCPCCS Call to Action on Addressing the Global Burden of Pediatric and Congenital Heart Diseases. A copy of this Washington DC WCPCCS Call to Action is provided in the Appendix of this manuscript. This Washington DC WCPCCS Call to Action is an initiative aimed at increasing awareness of the global burden, promoting the development of sustainable care systems, and improving access to high quality and equitable healthcare for children with heart disease as well as adults with congenital heart disease worldwide.
Equity can be defined as the use of a more flexible, morally judgmental, and subjective mode of legal decision making that roughly corresponds with historical equity. This Element presents a simple contracting model that captures the role of equity as a safety valve, and shows how it can solve problems posed by opportunists–agents with unusual willingness and ability to take advantage of necessary imperfections in the law. In this model, a simple but imperfect formal legal regime is able to achieve first best in the absence of opportunists. But when opportunists are added, a more flexible regime (equity), can be preferred. However, equity is also vulnerable to being used opportunistically by the parties it intends to protect. Hence, the Element shows that it is often preferable to limit equity, reserving it for use only against those who appear sufficiently likely to be opportunists.
To increase inclusivity, diversity, equity and accessibility in Antarctic science, we must build more positive and inclusive Antarctic field work environments. The International Thwaites Glacier Collaboration (ITGC) has engaged in efforts to contribute to that goal through a variety of activities since 2018, including creating an open-access ‘Field and Ship Best Practices’ guide, engaging in pre-field season team dynamics meetings, and surveying post-field season reflections and experiences. We report specific actions taken by ITGC and their outcomes. We found that strong and supported early career researchers brought new and important perspectives regarding strategies for transforming culture. We discovered that engaged and involved senior leadership was also critical for expanding participation and securing funding to support efforts. Pre-field discussions involving all field team members were particularly helpful for setting expectations, improving sense of belonging, describing field work best practices, and co-creating a positive work culture.
Understanding the distribution and extent of suitable habitats is critical for the conservation of endangered and endemic taxa. Such knowledge is limited for many Central African species, including the rare and globally threatened Grey-necked Picathartes Picathartes oreas, one of only two species in the family Picathartidae endemic to the forests of Central Africa. Despite growing concerns about land-use change resulting in fragmentation and loss of forest cover in the region, neither the extent of suitable habitat nor the potential species’ distribution is well known. We combine 339 (new and historical) occurrence records of Grey-necked Picathartes with environmental variables to model the potential global distribution. We used a Maximum Entropy modelling approach that accounted for sampling bias. Our model suggests that Grey-necked Picathartes distribution is strongly associated with steeper slopes and high levels of forest cover, while bioclimatic, vegetation health, and habitat condition variables were all excluded from the final model. We predicted 17,327 km2 of suitable habitat for the species, of which only 2,490 km2 (14.4%) are within protected areas where conservation designations are strictly enforced. These findings show a smaller global distribution of predicted suitable habitat forthe Grey-necked Picathartes than previously thought. This work provides evidence to inform a revision of the International Union for Conservation of Nature (IUCN) Red List status, and may warrant upgrading the status of the species from “Near Threatened” to “Vulnerable”.
There is growing interest in music-based therapies for mental/behavioural disorders. We begin by reviewing the evolutionary and cultural origins of music, proceeding then to discuss the principles of evolutionary psychiatry, itself a growing a field, and how it may apply to music. Finally we offer some implications for the role of music and music-based therapies in clinical practice.