The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda. (...) By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the political agenda, but at a particular place. This paper compares and contrasts the two approaches. (shrink)

The late Jerry Cohen struggled to reconcile his egalitarian political principles with his personal style of life. His efforts were inconclusive, but instructive. This comment locates the core of Cohen’s discomfort in an abstract principle that connects what we morally ought to be compelled to do and what we have a duty to do anyway. The connection the principle states is more general and much tighter than Cohen and others, e.g. Thomas Nagel, have seen. Our principles of justice always put (...) our personal integrity to the test, unless those principles are designed not to. But to craft principles with an view to avoiding that test is, as Cohen argued, itself to undermine both justice and our integrity. (shrink)

Edmundson has written an admirably concise yet powerful book. It blends a critical account of Rawls’ work with an original case for democratic socialism hewn from Rawlsian stone. In my opinion, this case has some flaws but it remains a timely contribution to the enduring quest for justice and social stability.

Probabilistic support is not transitive. There are cases in which x probabilistically supports y , i.e., Pr( y | x ) > Pr( y ), y , in turn, probabilistically supports z , and yet it is not the case that x probabilistically supports z . Tomoji Shogenji, though, establishes a condition for transitivity in probabilistic support, that is, a condition such that, for any x , y , and z , if Pr( y | x ) > Pr( y (...) ), Pr( z | y ) > Pr( z ), and the condition in question is satisfied, then Pr( z | x ) > Pr( z ). I argue for a second and weaker condition for transitivity in probabilistic support. This condition, or the principle involving it, makes it easier (than does the condition Shogenji provides) to establish claims of probabilistic support, and has the potential to play an important role in at least some areas of philosophy. (shrink)

Andrew Cling presents a new version of the epistemic regress problem, and argues that intuitionist foundationalism, social contextualism, holistic coherentism, and infinitism fail to solve it. Cling’s discussion is quite instructive, and deserving of careful consideration. But, I argue, Cling’s discussion is not in all respects decisive. I argue that Cling’s dilemma argument against holistic coherentism fails.

Coherentists on epistemic justification claim that all justification is inferential, and that beliefs, when justified, get their justification together (not in isolation) as members of a coherent belief system. Some recent work in formal epistemology shows that “individual credibility” is needed for “witness agreement” to increase the probability of truth and generate a high probability of truth. It can seem that, from this result in formal epistemology, it follows that coherentist justification is not truth-conducive, that it is not the case (...) that, under the requisite conditions, coherentist justification increases the probability of truth and generates a high probability of truth. I argue that this does not follow. (shrink)

Bernard Williams famously argued that eternal life is undesirable for a human because it would inevitably grow intolerably boring. I will argue against Williams and those who share his view. To make my case, I will provide an account of what staves off boredom in our current, earthly-mortal lives, and then I will draw on this account while advancing reasons for thinking that eternal life is desirable, given certain conditions. Though my response to Williams will partly overlap with some prior (...) responses to Williams, especially the one offered by J. M. Fischer, my response will also be distinctive in some important ways. For instance, it will be distinctive in that it will discuss the role that one’s part-whole-reality conception plays in fending off boredom, where by “one’s part-whole-reality conception” I mean “one’s conception of his or her place in the whole of reality.”. (shrink)

It is standard practice, when distinguishing between the foundationalist and the coherentist, to construe the coherentist as an internalist. The coherentist, the construal goes, says that justification is solely a matter of coherence, and that coherence, in turn, is solely a matter of internal relations between beliefs. The coherentist, so construed, is an internalist (in the sense I have in mind) in that the coherentist, so construed, says that whether a belief is justified hinges solely on what the subject is (...) like mentally. I argue that this practice is fundamentally misguided, by arguing that the foundationalism / coherentism debate and the internalism / externalism debate are about two very different things, so that there is nothing, qua coherentist, precluding the coherentist from siding with the externalist. I then argue that this spells trouble for two of the three most pressing and widely known objections to coherentism: the Alternative-Systems Objection and the Isolation Objection. (shrink)

Responds to the article by Brad Brown and Susan Perry in the August 1995 issue of `Business & Society' periodical on the measure of corporate social responsibility (CSP).

Naturalism is often considered to be antithetical to theology and genuine religion. However, in a series of recent books and articles, Willem Drees has proposed a scientifically informed naturalistic account of religion, which, he contends, is not only compatible with supernaturalistic religion and theology but provides a better account of both than either purely naturalistic or purely supernaturalistic accounts. While rejecting both epistemological and methodological naturalism, Drees maintains that ontological naturalism offers the best philosophical account of the natural world and (...) that, in addition, it provides the opening for a supernaturalistic understanding of religion and theology, one that best fits the condition of epistemic and moral distance from the transcendent characteristic of religious wonderers and wanderers. In this paper I examine Drees's claim and argue that it is seriously flawed. I show that Drees's naturalism is, in fact, both methodologically and epistemologically naturalistic. I also show that his attempts to limit naturalism to the sphere of the natural world by means of the phenomena of limit questions and underdetermination fail. Arguing for a more optimistic, but also, I contend, more empirically accurate account of human epistemic and moral capacities, I propose a full‐fledged scientifically based naturalistic account of theology. (shrink)

ABSTRACT: In this essay I provide one methodology that yields the level of analysis of an alleged knowledge-claim under investigation via its relations to varying gradations of scepticism. Each proposed knowledge-claim possesses a specified relationship with: (i) a globally sceptical argument; (ii) the least sceptical but successful argument that casts it into doubt; and (iii) the most sceptical yet unsuccessful argument, which is conceivably hypothesized to repudiate it but fails to do so. Yielding this specified set of relations, by means (...) of proceeding from global scepticism to (ii) and (iii), increases the chances of identifying the highest evaluative relevancy of the levels of analysis and observation of an alleged knowledge-claim. I argue that the failure to analyse and derive a difference between (i) and (ii) with respect to an alleged knowledge-claim signifies that the claim is grounded within the theoretical framework itself, that the claim lacks specification with regard to content that is analysable via that framework, and the claim is dubious insofar as alternative theoretic frameworks may present greater relevancy to levels of observation. KEYWORDS: knowledge, scepticism, perception, level of observation, magnification level, methodological scepticism. (shrink)

Experimenters claim some nonhuman mammals have metacognition. If correct, the results indicate some animal minds are more complex than ordinarily presumed. However, some philosophers argue for a deflationary reading of metacognition experiments, suggesting that the results can be explained in first-order terms. We agree with the deflationary interpretation of the data but we argue that the metacognition research forces the need to recognize a heretofore underappreciated feature in the theory of animal minds, which we call Unity. The disparate mental states (...) of an animal must be unified if deflationary accounts of metacognition are to hold and untoward implications avoided. Furthermore, once Unity is acknowledged, the deflationary interpretation of the experiments reveals an elevated moral standing for the nonhumans in question. (shrink)

We present a theoretical view of the cellular foundations for network-level processes involved in producing our conscious experience. Inputs to apical synapses in layer 1 of a large subset of neocortical cells are summed at an integration zone near the top of their apical trunk. These inputs come from diverse sources and provide a context within which the transmission of information abstracted from sensory input to their basal and perisomatic synapses can be amplified when relevant. We argue that apical amplification (...) enables conscious perceptual experience and makes it more flexible, and thus more adaptive, by being sensitive to context. Apical amplification provides a possible mechanism for recurrent processing theory that avoids strong loops. It makes the broadcasting hypothesized by global neuronal workspace theories feasible while preserving the distinct contributions of the individual cells receiving the broadcast. It also provides mechanisms that contribute to the holistic aspects of integrated information theory. As apical amplification is highly dependent on cholinergic, aminergic, and other neuromodulators, it relates the specific contents of conscious experience to global mental states and to fluctuations in arousal when awake. We conclude that apical dendrites provide a cellular mechanism for the context-sensitive selective amplification that is a cardinal prerequisite of conscious perception. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

Supervaluationism is often described as the most popular semantic treatment of indeterminacy. There’s little consensus, however, about how to fill out the bare-bones idea to include a characterization of logical consequence. The paper explores one methodology for choosing between the logics: pick a logic thatnorms beliefas classical consequence is standardly thought to do. The main focus of the paper considers a variant of standard supervaluational, on which we can characterizedegrees of determinacy. It applies the methodology above to focus ondegree logic. (...) This is developed first in a basic, single-premise case; and then extended to the multipremise case, and to allowdegreesof consequence. The metatheoretic properties of degree logic are set out. On the positive side, the logic is supraclassical—all classical valid sequents are degree logic valid. Strikingly, metarules such as cut and conjunction introduction fail. (shrink)

According to a number of contemporary theorists, aesthetic reasons can invite or entice us but never compel us. In this paper, I develop a Kantian account of the normative force of aesthetic reasons. While Kant would likely agree that aesthetic reasons do not give rise to obligations, his account nevertheless gives us the resources for explaining how aesthetic reasons can still have more force than merely enticing reasons. This account appeals to the distinct normativity of aesthetic judgments on Kant's theory (...) and the way in which this kind of normativity structures aesthetic exchanges with other judging subjects. I argue that, in addition to the moral reasons we have for appreciating and preserving beauty, Kant’s account can accommodate distinctly aesthetic reasons for doing so that stem from our membership in aesthetic communities. (shrink)

False belief tasks have enjoyed a monopoly in the research on children’s development of a theory of mind. They have been granted this status because they promise to deliver an unambiguous assessment of children’s understanding of the representational nature of mental states. Their poor cousins, true belief tasks, have been relegated to occasional service as control tasks. That this is their only role has been due to the universal assumption that correct answers on true belief tasks are inherently ambiguous regarding (...) the level of the child’s understanding of mental states. It has also been due to the universal assumption that nothing in the child’s developing theory of mind would lead to systematically incorrect answers on true belief tasks. We review new findings that 4- and 5-year-olds do err, systematically and profoundly, on the true belief versions of all the extant belief tasks. This reveals an intermediate level of understanding in the development of children’s theory of mind. Researchers have been unaware of this intermediate level because it produces correct answers in false belief tasks. A simple two-task battery—one true belief task and one false belief task—is sufficient to remove the ambiguity from each task. The new findings show that children do not acquire an understanding of beliefs, and hence a representational theory of mind, until after 6 years of age, or 2 years later than most developmental psychologists have concluded. This raises the question of how to interpret other new findings that infants are able to pass false belief tasks. We review these new infant studies, as well as recent studies on chimpanzees, in light of older children’s failure on true belief tasks, and end with some speculation about how all of these new findings might be reconciled. (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

The paper argues that Sartre’s work as both a literary critic and social philosopher is deeply indebted to his early commitment to phenomenology. The first part of the paper examines the nature of reading and writing in the account of literary meaning that is presented in the transitional text, 'Qu’est-ce que la littérature?' While acknowledging the political turn that occurs in Sartre’s work, we then discuss how the theme of history emerges in the later essay, 'Questions de méthode,' as one (...) that opens up a “double reading” of human motivation. Our conclusion maintains that the Marxist phase of Sartre’s work is based on the hermeneutical notion of comprehension, which provides an anthropological grounding for his existential philosophy. (shrink)

A response to a recent critique by Cem Bozşahin of the theory of syntactic semantics as it applies to Helen Keller, and some applications of the theory to the philosophy of computer science.

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

This essay examines the role of non-existent objects in "epistemological ontology"--the study of the entities that make thinking possible. An earlier revision of Meinong's Theory of Objects is reviewed, Meinong's notions of Quasisein and Aussersein are discussed, and a theory of Meinongian objects as "combinatorially possible" entities is presented.

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

While every health care system stakeholder would seem to be concerned with obtaining the greatest value from a given technology, there is often a disconnect in the perception of value between a technology’s promoters and those responsible for the ultimate decision as to whether or not to pay for it. Adopting an empirical ethics approach, this paper examines how five Canadian medical device manufacturers, via their websites, frame the corporate “value proposition” of their innovation and seek to respond to what (...) they consider the key expectations of their customers. Our analysis shows that the manufacturers’ framing strategies combine claims that relate to valuable socio-technical goals and features such as prevention, efficiency, sense of security, real-time feedback, ease of use and flexibility, all elements that likely resonate with a large spectrum of health care system stakeholders. The websites do not describe, however, how the innovations may impact health care delivery and tend to obfuscate the decisional trade-offs these innovations represent from a health care system perspective. Such framing strategies, we argue, tend to bolster physicians’ and patients’ expectations and provide a large set of stakeholders with powerful rhetorical tools that may influence the health policy arena. Because these strategies are difficult to counter given the paucity of evidence and its limited use in policymaking, establishing sound collective health care priorities will require solid critiques of how certain kinds of medical devices may provide a better (i.e., more valuable) response to health care needs when compared to others. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

The mathematical universe hypothesis is a theory that the physical universe is not merely described by mathematics, but is mathematics, specifically a mathematical structure. Our research provides evidence that the mathematical structure of the universe is biological in nature and all systems, processes, and objects within the universe function in harmony with biological patterns. Living organisms are the result of the universe’s biological pattern and are embedded within their physiology the patterns of this biological universe. Therefore physiological patterns in living (...) organisms can be used as models to structurally map analogies from the biological domain to any target domain to reveal and understand the biological nature of the target domain. Our paper explores various analogies, structurally mapping a red blood cell to a cup; proteins produced from ribosomes to music produced from instruments; a beating heart to the melting and freezing of Antartica; cells, tissue, organs and blood, to people, organizations, industries, and money, and; bio-economic concepts in cellular society to socioeconomic concepts in human society. It also discusses how phenomena in cellular mitosis can help explain phenomena in the universe, such as black holes, dark matter, dark energy, and the structure of the universe. Building upon the concept of perennial wisdom, our research has provided evidence that the ideas of a biological universe were expressed across many past cultures and historical periods. The implications of this theory are vast, encompassing fields such as physics, science, philosophy, religion, law, economics, politics, and engineering, thus serving as a unifying theory for all knowledge. Our theory is supported by meta-analysis of scientific, historic, and religious literature, observations and first principles logic. (shrink)

2015 Reprint of 1956 Printing. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. Cybernetics is here defined as "the science of control and communication, in the animal and the machine"-in a word, as the art of steersmanship; and this book will interest all who are interested in cybernetics, communication theory and methods for regulation and control. W. Ross Ashby (1903-1972) was an English psychiatrist and a pioneer in cybernetics, the study of complex systems. His two books, (...) "Design for a Brain" and "An Introduction to Cybernetics," were landmark works. They introduced exact and logical thinking into the nascent discipline and were highly influential. Contents include: What is new -- Change -- The Determinate Machine -- The Machine with Input -- Stability -- The Black Box -- Quantity of Variety -- Transmission of Variety -- Incessant Transmission -- Regulation in Biological Systems -- Requisite Variety -- The Error-controlled Regulator -- Regulating the Very Large System -- Amplifying Regulation. (shrink)

Purpose – With the growing demand for ethical standards in the prevailing business environment, ethical leadership has been under increasingly more focus. Based on the social exchange theory and social learning theory, this study scrutinized the impact of ethical leadership on the presentation of ethical conduct by employees through the ethical climate. Notably, this study scrutinized the moderating function of the person organization fit (P-O fit) in relation to ethical climate and the ethical conduct of employees. -/- Design/methodology/approach – To (...) evaluate the research hypotheses, two-wave data were collected from 295 individuals who are currently employed in various Iraqi organizations (i.e. manufacturing, medical, and insurance industries). -/- Findings – In line with the hypotheses, the outcomes from a sample of 295 workers working in different Iraqi entities exhibited a positive relationship between the ethical behavior of leaders and the ethical conduct of employees in the ethical climate. Moreover, it was observed that the P-O fit of employees moderated the relationship between ethical climate and the ethical conduct of employees such that the relationship was more robust for those with a high P-O fit in comparison to those with a low P-O fit. -/- Research limitations/implications – The primary limitation of this study is in the data, which was obtained from a single source. Although the study conducted two surveys and utilized a mediation and moderation variables model that was less likely to be influenced by common method bias (CMB) (Podsakoff et al., 2012), one cannot completely rule out CMB. Apart from the potential effects of the CMB, the consistency of the empirical findings could have also been compromised since self-reported data were utilized in measuring ethical behavior, which can be a very complex and sensitive issue. For this reason, the social desirability response bias cannot be ruled out completely. When possible, future studies must gather data from multiple sources. Furthermore, supervisors must evaluate the ethical behavior of employees. Another limitation was that the findings of this study were based on a sample in a Middle Eastern cultural context such as in Iraq. Perhaps, the particular cultural features of this context, which encompassed, among other things, strong adherence to religious values (Moaddel, 2010), could have influenced the findings of this study. It is true that the effects of differences (P–O fit) are highly likely to replicate across cultural contexts (Triandis et al., 1988). However, it can be seen that further studies are needed to evaluate the context-sensitivity of these findings (Whetten, 2009) by analyzing other cultures, where the importance of religiosity is on the decline (i.e. in Western countries, Ribberink et al., 2018) or where the cultural features are very much different from those that apply to Iraq. Lastly, other external factors were not taken into account by this study as it tried to explain ethical behavior. Ethics is a highly complex subject and is influenced by numerous variables at the organizational, individual, and external environment levels. Thus, caution must be observed when making inferences from the present study which, to a certain degree, offered a simplified version of ethical behavior by concentrating on a few variables such as the Arab culture’s traditional ideology, which dominates even science (Abu Khalil, 1992). In addition, there are political conflicts in the Middle Eastern cultural context such as what is happening in Iraq (Harff, 2018). Thus, it is important to include such aspects in future researches. -/- Practical implications – In terms of management, the findings send a clear signal to those in the upper echelon that, without ignoring the issue of ethics in organizations, employees are a critical aspect to be taken into account to encourage ethical behavior at the workplace. This study has important practical implications. First, this study determined that ethical leadership (here, of the supervisors) positively influences the behavior of subordinates (refers to the supervisors here); this, in turn, further improves the ethical behavior of employees. It is vital that managers or supervisors are motivated to practice ethical leadership because they directly influence the employees. It has been suggested that top managers, especially chief executive officers, have the ability to shape the ethical climate, which also influences the ethical behavior of employees further. This study offered several feasible ways that managers can apply to achieve that. In particular, top managers may utilize the ethical climate as a way of communicating the ethical values that they have to their subordinates, thereby serving as a motivation for the subordinates to adopt ethical behavior. It was also suggested by this study that ethical climate and the P–O fit may, to some degree, substitute each other as they influence the ethical behavior of employees. Therefore, firms that were identified to have a low level of ethical standards, practices, and policies, at least from the employees’ perspective, are better poised to conduct ethical issues in order to construct the ethical behavior of their subordinates. More importantly, it is highly essential that the value congruence between an organization and its followers be considered. -/- Social implications – This study highlighted the notion of ethics and how it’s essential for society. Ethics refers to the norms, standards, and values that direct the behavior of an individual. Ethical behavior is vital in society because we need to be treated with respect as human beings. -/- Originality/value – This study responds to recent calls for more research to identify factors that may strengthen or mitigate the influence of ethical behavior in the workplace such as ethical leadership, ethical climate, and Person–Organization. (shrink)

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (shrink)

The paper argues that at present the Criminal law does not contain satisfactory rules for dealing with the circumstances in which a mistake can be taken to vitiate the victim's consent to an action or transaction. Rules on this issue vary both between different offences and within given offences in a way that is neither coherent nor predictable. As a matter of fact consent should be regarded as vitiated whenever the victim is under a misapprehension but for which (s)he would (...) not have given consent, but from a practical point of view it will not always be possible to allow this factual vitiation to have legal effect. To try to find a more satisfactory set of rules the paper offers a series of potential rules placed along a spectrum. Towards either end of the spectrum the rules have greater certainty and coherence, but produce less desirable results in terms of policy. Towards the centre of the spectrum the reverse is true. The paper therefore concludes that no single rule will be able to provide the answer to this area, and that an approach which recognises a series of circumstances in which consent will be regarded as legally vitiated should be retained instead. However, it is imperative that in future these categories be clearly, and predictably drawn and individually explicable and justifiable. As a starting point it is proposed that consent should be regarded as vitiated when the victim has made a non est factum mistake, has been mistaken about something which would render the action or transaction physically different from that expected, or where the victim believed that the defendant had a legal qualification which in fact (s)he lacked. (shrink)

The Protein Ontology (PRO; http://purl.obolibrary.org/obo/pr) formally defines and describes taxon-specific and taxon-neutral protein-related entities in three major areas: proteins related by evolution; proteins produced from a given gene; and protein-containing complexes. PRO thus serves as a tool for referencing protein entities at any level of specificity. To enhance this ability, and to facilitate the comparison of such entities described in different resources, we developed a standardized representation of proteoforms using UniProtKB as a sequence reference and PSI-MOD as a post-translational modification (...) reference. We illustrate its use in facilitating an alignment between PRO and Reactome protein entities. We also address issues of scalability, describing our first steps into the use of text mining to identify protein-related entities, the large-scale import of proteoform information from expert curated resources, and our ability to dynamically generate PRO terms. Web views for individual terms are now more informative about closely-related terms, including for example an interactive multiple sequence alignment. Finally, we describe recent improvement in semantic utility, with PRO now represented in OWL and as a SPARQL endpoint. These developments will further support the anticipated growth of PRO and facilitate discoverability of and allow aggregation of data relating to protein entities. (shrink)

The current COVID-19 pandemic and the previous SARS/MERS outbreaks of 2003 and 2012 have resulted in a series of major global public health crises. We argue that in the interest of developing effective and safe vaccines and drugs and to better understand coronaviruses and associated disease mechenisms it is necessary to integrate the large and exponentially growing body of heterogeneous coronavirus data. Ontologies play an important role in standard-based knowledge and data representation, integration, sharing, and analysis. Accordingly, we initiated the (...) development of the community-based Coronavirus Infectious Disease Ontology in early 2020. -/- As an Open Biomedical Ontology (OBO) library ontology, CIDO is open source and interoperable with other existing OBO ontologies. CIDO is aligned with the Basic Formal Ontology and Viral Infectious Disease Ontology. CIDO has imported terms from over 30 OBO ontologies. For example, CIDO imports all SARS-CoV-2 protein terms from the Protein Ontology, COVID-19-related phenotype terms from the Human Phenotype Ontology, and over 100 COVID-19 terms for vaccines (both authorized and in clinical trial) from the Vaccine Ontology. CIDO systematically represents variants of SARS-CoV-2 viruses and over 300 amino acid substitutions therein, along with over 300 diagnostic kits and methods. CIDO also describes hundreds of host-coronavirus protein-protein interactions (PPIs) and the drugs that target proteins in these PPIs. CIDO has been used to model COVID-19 related phenomena in areas such as epidemiology. The scope of CIDO was evaluated by visual analysis supported by a summarization network method. CIDO has been used in various applications such as term standardization, inference, natural language processing (NLP) and clinical data integration. We have applied the amino acid variant knowledge present in CIDO to analyze differences between SARS-CoV-2 Delta and Omicron variants. CIDO's integrative host-coronavirus PPIs and drug-target knowledge has also been used to support drug repurposing for COVID-19 treatment. -/- CIDO represents entities and relations in the domain of coronavirus diseases with a special focus on COVID-19. It supports shared knowledge representation, data and metadata standardization and integration, and has been used in a range of applications. (shrink)