This paper explicates the influential Confucian view that “people” and not “institutional rules” are the proper sources of good governance and social order, as well as some notable Confucian objections to this position. It takes Xunzi 荀子, Hu Hong 胡宏, and Zhu Xi 朱熹 as the primary representatives of the “virtue-centered” position, which holds that people’s good character and not institutional rules bear primary credit for successful governance. And it takes Huang Zongxi 黃宗羲 as a major advocate for (...) the “institutionalist” position, which holds that institutional rules have some power to effect success independently of improvements in character. Historians have often called attention to this debate but left the major arguments and positions relatively unspecified. As I show, the Confucian virtue-centered view is best captured in two theses: first, that reforming people is far more demanding than reforming institutional rules; second, that once the rules have reached a certain threshold of viability, further improvements in those rules are unlikely to be effective on their own. Once we specify the theses in this way, we can catalogue the different respects and degrees to which the more virtue-centered political thinkers endorse virtue-centrism in governance. Zhu Xi, for example, turns out to endorse a stronger version of virtue-centrism than Hu Hong. I also use this account of the major theses to show that Huang Zongxi, who is sometimes regarded as historical Confucianism’s foremost institutionalist, has more complicated and mixed views about the power of institutional reform than scholars usually assume. (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: (...) the Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

Australian democracy has recently seen a new emphasis on ‘conscience votes’ in parliament. However, despite this increasing awareness, the Australian media, public and governments have failed to examine closely the concept of a ‘conscience vote’, and the important question of what conscience really is. I will examine a number of statements made by politicians, media commentators and other groups surrounding conscience votes to show the problems that emerge from lacking a clear account of conscience. From this, I will outline two (...) different classical views of conscience: that of Bishop Joseph Butler and that of St. Thomas Aquinas, and show the implications for politicians of adopting either view. I will suggest that the contemporary Australian usage of conscience has more in common with Butler than Aquinas, but that the Thomistic view could serve to better inform both the contemporary Australian usage, and Butler’s views. I will briefly suggest some ways that adopting the Thomistic view of conscience would impact on the Australian democratic system, and explain the problems with a philosophical view that upholds the primacy of conscience and fails to appeal to external moral truth. -/- . (shrink)

Great Britain subjugated colonists using various power strategies, including dehumanization, misinformation, fear, and other divisive strategies. The Founders described these oppressive strategies as “a long train of abuses and usurpations.” Throughout the Declaration of Independence and the U.S. Constitution, the Founding Fathers imbued the people with hope in a government for the people: one unlike that of the monarchy, which sought to protect itself at the expense of colonists. As a result, the Founders created a government (...) more likely to lead with fairness, demonstrate respect for human dignity, unite Americans as one people, empower citizens through hope, and lead the nation toward security. This socio-ethical framework was an abductive discovery nested within a grounded theory study where it had been concluded that the first principles of democracy were woven within the American founding documents. Using Charmaz’s constructivist grounded theory, the first principles of democracy—knowledge, fairness, human dignity, hope, unity, and security—were used to answer an emerging research question: Are there two democratic frameworks in the founding documents, and how do they differ? The first principles of democracy promote a culture of ethics, resilience, and freedom. Their empowering disposition makes them suitable as a normative framework for a democratic government for the people. (shrink)

THE CASE FOR GOVERNMENT BY ARTIFICIAL INTELLIGENCE. Tired of election madness? The rhetoric of politicians? Their unreliable promises? And less than good government? -/- Until recently, it hasn’t been hard for people to give up control to computers. Not very many people miss the effort and time required to do calculations by hand, to keep track of their finances, or to complete their tax returns manually. But relinquishing direct human control to self-driving cars is expected to (...) be more of a challenge, despite the predicted decrease in vehicle accidents thanks to artificial intelligence that isn’t subject to human distractions and errors of judgment. -/- If turning vehicle control over to artificial intelligence is a challenge, it is a very mild one compared with the idea that we might one day recognize and want to implement the advantages of human government by AI. But, like autonomous vehicle control, government by AI is likely to offer decided benefits. -/- In other publications, the author has studied a variety of widespread human limitations that, throughout human history, have led to much human suffering as well as ecological destruction. For the first time, these psychological and cognitive human shortcomings are taken into account in an essay that makes the case for government by artificial intelligence. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

The purpose of this article is to suggest a theoretical approach to modern democracy and its implicit contradiction between the idea of public sovereignty and the model of political representation. The apparent practical problem arising from this contradiction is the lack of legitimacy in democratically elected officials and parliament in general. The article argues that the issue with democratic representation cannot be explained sociologically, but must include a theoretical analysis of the normative contradiction between the egalitarian principle of sovereignty of (...) the people and the hierarchical model of political representation. -/- The article develops its argument from the conceptual framework laid down in the political theory of Montesquieu. Montesquieu’s thoughts on political regimes offer important insights about modern representative democracy, highlighting the structural relationship between what he called the “nature of democracy” (the rule of the people) and the “generating principle of democracy” (love for equality). Three contemporary interpretations of Montesquieu’s theory (by Fred Dallmayr, Michael Mosher and Sharon Krause) are introduced and critically evaluated. -/- The article concludes that: -/- Representative democracy suffers from a structural tension between the democratic idea of the rule of the people and its practical implementation through the model of representation, which was inherited from predemocratic monarchic regimes. The problem is not sociological but structural. -/- Montesquieu’s theory offers a conceptual framework for analyzing the inner tension of representative democracy between the ideas of egalitarianism and political hierarchy. Contemporary authors suggest different interpretations of Montesquieu’s thought and offer several strategies for the possible improvement of democratic rule, such as (1) redrawing the notion of representation, (2) creating a more empowered civic society and (3) introducing a meritocratic educational system for individuals. Yet, they all miss the original idea posed by the Enlightenment philosopher regarding the balance between the democratic principle (passion for equality) and its natural claim to represent the people with “intermediary institutions” that mitigate the adverse tendencies of the democratic form of government. -/- Philosophical discussions about democratic legitimacy should consider one Montesquieu’s statement that is rarely theoretically acknowledged: that democratic political representation needs non-egalitarian social ideas. This means that democracy must tolerate certain non-democratic social ideas (such as honor) for its own benefit, because they provide the necessary balancing institutions. Such an idea would benefit the ongoing debates about democracy by providing a more structural outlook on the fundamental source of the problem (which is a structural collision of contradictory ideas: “equality” vs. “hierarchy”) than those offered by the sociological strategies of democratization or civic empowerment. (shrink)

For most people on our planet, spiritual values are vital in driving communitarian behaviour. It is becoming increasingly clear that a lasting and effective social commitment must consider cultural, sociological and religious dimensions. In particular, the current environmental crisis has demonstrated how effectively religious communities have mobilised to respond to climate change. With their emphasis on wisdom, social cohesion and interrelationships, religions can be a strategic player in ensuring effective integral human development. The ecological crisis is not just an (...) ethical dilemma but an ontological and theological matter that demands both a new way of thinking and a new way of being. Think differently and act differently! The United Nations (UN) and many governments are increasingly recognising the vital contribution of religious leaders and organisations in political processes, such as the 2030 Agenda for Sustainable Development, hypostasised in the Faith Plans for People and Planet programme, representing the most prominent and boldest environmental initiative to date by the global faith community. -/- Contribution: Today we realise that a combination of science and spirituality can engage and empower an array of stakeholders from different cultural and religious backgrounds. This article addresses the question of an integrated ecology by selecting appropriate and recent literature from mainstream religions and the subsequent interpretation and application. (shrink)

Governments are increasingly using randomized controlled trials (RCTs) to evaluate policy interventions. RCTs are often understood to provide the highest quality evidence regarding the causal efficacy of an intervention. While randomization plays an essential epistemic role in the context of policy RCTs however, it also plays an important distributive role. By randomly assigning participants to either the intervention or control arm of an RCT, people are subject to different policies and so, often, to different types and levels of benefits. (...) In this paper, I identify one necessary condition as well as a set of sufficient conditions for the permissible use of random assignment by government agencies. I argue first that random assignment is permissible only if it is consistent with governments’ duty to realize morally important outcomes. I argue second that random assignment is permissible in cases where investigators are in a state of genuine equipoise regarding all arms of the experiment and the policy to which people have a claim of justice. Finally, I defend a set of conditions under which random assignment is permissible in cases where one or more arms of a policy RCT are reasonably expected to be either superior or inferior to this policy. (shrink)

Considering that the importance of folklore in development, especially cultural development, in communities seems to be lost to the present generation of young people, this study was carried out to determine the possible role of folklore in reawakening the cultural consciousness of the people of Amadi-Ama in Port Harcourt City Local Government Area of Rivers State, Nigeria, with a view to harmonizing and galvanizing the people who, unlike their forbears, seem not to know the importance of (...) folklore which welded together the people of old through mutual trust and love for one another. To accomplish the objective, the qualitative research techniques of focus group discussion and semi-structured interview were adopted to gather data which were analyzed using critical discourse analysis. Findings showed, among other things, thatto promote cultural awakening in Amadi-Amadi, there is the need to introduce folklore and proverbs in the homes and introduce the teaching of folklore, especially those that can inculcate moral virtues in children and youths. Concluding that African societies are fast losing their essence and identity due to self-denial, the study recommended that it is important to convert folklore into readable forms in books and on the Internet, so as to not only preserve it but for it to also attract younger readers. (shrink)

Recent political developments cast doubt on the wisdom of democratic decision-making. Brexit, the Colombian people's (initial) rejection of peace with the FARC, and the election of Donald Trump suggest that the time is right to explore alternatives to democracy. In this essay, I describe and defend the epistocratic system of government which is, given current theoretical and empirical knowledge, most likely to produce optimal political outcomes—or at least better outcomes than democracy produces. To wit, we should expand the (...) suffrage as wide as possible and weight citizens’ votes in accordance with their competence. As it turns out, the optimal system is closely related to J. S. Mill's plural voting proposal. I also explain how voters’ competences can be precisely determined, without reference to an objective standard of correctness and without generating invidious comparisons between voters. (shrink)

The public’s actions will likely have a significant effect on the course of the novel coronavirus (COVID-19) pandemic. Human behavior is conditioned and shaped by information and people’s perceptions. This study investigated the impact of risk perception on trust in government and self-efficacy. It examined whether the use of social media helped people adopt preventive actions during the pandemic. To test this hypothesis, the researchers gathered data from 512 individuals (students and academics) based in Malaysia during the (...) COVID-19 pandemic. Our results suggested that risk perception had a significant effect on trust in government and self-efficacy. Moreover, these correlations were stronger when social media was used as a source for gathering information on COVID-19. In some cases, it even helped users avoid exposure to the virus. This study assessed the relationship between risk perception and the awareness gained from using social media during the pandemic and highlighted how social media usage influences trust in government and self-efficacy. -/- . (shrink)

With mounting challenges to democratization and the threat of regression, one asks how do we best reclaim spaces for engagement and public participation. The paper turns to civil society and revisits the case of the Philippines. It takes a closer look at their contributions, experiences, and insights as to challenges faced by the country relative to democratic nation-building. Towards this end, the paper discusses prospects for renewed engagement towards inclusive and democratic governance.

We present a novel model of individual people, online posts, and media platforms to explain the online spread of epistemically toxic content such as fake news and suggest possible responses. We argue that a combination of technical features, such as the algorithmically curated feed structure, and social features, such as the absence of stable social-epistemic norms of posting and sharing in social media, is largely responsible for the unchecked spread of epistemically toxic content online. Sharing constitutes a distinctive communicative (...) act, governed by a dedicated norm and motivated to a large extent by social identity maintenance. But confusion about this norm and its lack of inherent epistemic checks lead readers to misunderstand posts, attribute excess or insufficient credibility to posts, and allow posters to evade epistemic accountability—all contributing to the spread of epistemically toxic content online. This spread can be effectively addressed if people and platforms add significantly more context to shared posts and platforms nudge people to develop and follow recognized epistemic norms of posting and sharing. (shrink)

In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. Furthermore, (...) in each case, the object of the apology – that which was apologized for – comes closer to disrupting the idea both countries have of themselves, and their image in the global political community, than any previous apologies made by either government. Perhaps as a result, both apologies were surrounded by celebration and controversy alike, and tracing their consequences – even in the short term – is a difficult business. We avoid excessive piety or cynicism, I argue, when we take several things into account. First, apologies have multiple functions: they narrate particular histories of wrongdoing, they express disavowal of that wrongdoing, and they commit to appropriate forms of repair or renewal. Second, the significance and the success of each function must be assessed contextually. Third, when turning to official political apologies, in particular, appropriate assessment of their capacity to disavow or to commit requires that consider apologies both as performance and as political action. While there remain significant questions regarding the practice of political apology – in particular, its relationship to practices of reparation, forgiveness and reconciliation – this approach can provide a framework with which to best consider them. (shrink)

The global ecological crisis is the greatest challenge humanity has ever had to confront, and humanity is failing. The triumph of the neo-liberal agenda, together with a debauched ‘scientism’, has reduced nature and people to nothing but raw materials, instruments and consumers to be efficiently managed in a global market dominated by corporate managers, media moguls and technocrats. The arts and the humanities have been devalued, genuine science has been crippled, and the quest for autonomy and democracy undermined. The (...) resultant trajectory towards global ecological destruction appears inexorable, and neither governments nor environmental movements have significantly altered this, or indeed, seem able to. The Philosophical Foundations of Ecological Civilization is a wide-ranging and scholarly analysis of this failure. This book reframes the dynamics of the debate beyond the discourses of economics, politics and techno-science. Reviving natural philosophy to align science with the humanities, it offers the categories required to reform our modes of existence and our institutions so that we augment, rather than undermine, the life of the ecosystems of which we are part. From this philosophical foundation, the author puts forth a manifesto for transforming our culture into one which could provide an effective global environmental movement and provide the foundations for a global ecological civilization. (shrink)

Citizenship is the right to be a citizen of a social, political, or national community. Aristotle was the philosopher who has been talking about citizenship since ancient times. His thoughts are still historical lessons for the operation of states today. In this article, the author focuses on analyzing basic thoughts on Aristotle's citizenship; which are shown in essential points such as (i) Citizenship is clearly shown in the role of the State, (ii) Right to education, (iii) The right to participate (...) in political affairs, (iv) Citizenship is associated with civic obligations. Thereby, the article draws its historical lesson for the current building of law-governed State in Vietnam in the following aspects: (i) Building a solid-state apparatus with a coherent and unified legal system; (ii) All the State's policies must originate from the Vietnamese practice, ensure the people's mastery and protect the people's legitimate interests; (iii) Consolidating and strengthening the relationship between the State and the people. (shrink)

Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue that they are (...) not remedial. Sovereignty rights are a necessary part of establishing perpetual peace. By failing to acknowledge the sovereignty of native groups, states once guilty of imperialism leave open the in principle possibility for future violence, even though no current conflict exists. Only in recognizing self-government rights can states truly commit to the cosmopolitan ideal. (shrink)

Governance encompasses the processes by which organizations are directed, controlled and held to account. It includes the authority, accountability, leadership, direction, and control exercised in an organization. Greatness can be achieved when good governance principles and practices are applied throughout the whole organization. Ethical Governance requires that public officials adhere to high moral standards while serving others. Authentic Governance entails the systematic process of continuous, gradual, and routine personal/corporate improvement, steering, and learning that lead to sustainable high personal/corporate performance and (...) excellence. Thus authentic governance represents the ability to discern right from wrong and the commitment to do what is right, good, and proper. Benevolent governance is perceived to be for benefit of the population as a whole. Sikhism, a panentheistic religion, originated in the Punjab province of the Indian subcontinent, during the 15th century. It is one of the youngest and fifth major world religions, founded by Guru Nanak. The fundamental beliefs of Sikhism have been enshrined in the sacred scripture, Sri Guru Granth Sahib [1-3]. These beliefs include faith in one universal creator, unity of all humankind, engaging in selfless service, striving for social justice for all, honest livelihood and ethical conduct while living a householder's life. Sri Guru Grant Sahib provides very useful insights for governance through religious or secular organizations, that address human rights, education, or diplomacy to end all forms of disparity/discrimination among people [4-5]. In this article, an attempt is made to understand how the doctrines of Sikhism encourage us for better governance and by which means. Whether these doctrines align with the above-mentioned forms of governance or conflict with these. It is pointed out the most of the attributes of good, ethical, authentic and benevolent governance are genuinely supported by the Sikh doctrines. The adherence to democratic and republican organizations, for providing high-quality governance, is encouraged in Sikh principles and practices. (shrink)

Concerned for the dwindling fortunes of social development and seemingly declining interest in cultural affairs in Khana Local Gov eminent Area (KIIALGA) of Rivers State, this study set out to examine the place of proverbs, an important ingredient of oramedia (a coinage for traditional communication) in the service of humanity, with a focus on KIIALGA To accomplish this objective, this survey research drew a sample of subjects from the Khana population. The data generated by a 21 -item structured questionnaire \\ (...) ere analyzed using frequency distribution tables, percentages and mean scores(WMS) landings showed that the people of Khana are aware of the functionality of existing proverbs and also happily use them; that of these proverbs that have wide applicability across communities in Khana area, and the people know the ones most commonly used in Ihc LGA. It was also found that proverbs are used to publicize development messages; lo crack jokes that evoke health-enhancing laughter; to enliven messages during discourses on communal development; and to teach moral lessons. The study concluded that there are well-known proverbs in Khana that can be used to enrich messages and used to publicize events and disseminate development messages. It was then recommended, among other things, that for peace and sustainable development to be the lot of the people, proverbs should be used to spice messages that can bring about educational advancement, sports development, good health, cultural re-awakening, and security. (shrink)

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy in (...) the Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

Governance includes the processes by which organizations are directed, controlled and held to account. Excellence can be achieved when good governance principles and practices are applied throughout the entire organization. Various forms of governance are in vogue. Ethical governance demands that public officials stick to high moral standards while serving others. Authentic governance necessitates the systematic process of continuous, gradual, and routine personal and corporate improvement that leads to sustainable high performance. Thus it represents the ability to discern right from (...) wrong and the commitment to doing right, good, and proper. Finally, benevolent governance is considered to be for the benefit of the whole population. Sikhism, a panentheistic religion, is one of the youngest and fifth major world religions, founded by Guru Nanak. The fundamental beliefs of Sikhism have been enshrined in the sacred scripture, Sri Guru Granth Sahib (SGGS) [1-3]. Moreover, Sri Guru Grant Sahib provides valuable insights for governance through religious or secular organizations that address human rights, education, or diplomacy to end all forms of disparity and discrimination among people [4-5]. Herein, an attempt is made to describe the doctrines of Sikhism that encourage us for better governance. It is concluded that most of the attributes of good, ethical, authentic and benevolent governance are genuinely supported by the Sikh doctrines. Furthermore, the adherence to democratic and republican organizations for providing high-quality governance is encouraged in Sikh principles and practices. (shrink)

This chapter presents the successive stages to make changes in the Polish development policy after 1989. The national administration reform of 1990 in the Third Commonwealth of Poland restored the local government after 40 years of non-existence during the time of Polish People’s Republic that was a satellite state of the Soviet Union after the Second World War. Another reform took place in 1998 as a part of preparations for the country’s membership in the European Union from 2004. (...) Currently developed strategic documents are suggesting the use of the "polarization and diffusion model of the development." The authors also discuss the regional policy currently implemented in Poland, which was designed in years 2009-2014. The process of creation of new policy includes plans to reform the policy instruments and to update the strategic framework. Conclusions highlight a need for a clearer division of powers between the center and regional governments and the importance of strengthening the financial basis and institutional capacity building. (shrink)

This paper explores how participation and sustainability are being addressed by architects within the Building Schools for the Future (BSF) programme in the UK. The intentions promoted by the programme are certainly ambitious, but the ways to fulfil these aims are ill-explored. Simply focu- sing on providing innovative learning technologies, or indeed teaching young people about phy- sical sustainability features in buildings, will not necessarily teach them the skills they will need to respond to the environmental and social challenges (...) of a rapidly changing world. However, anticipating those skills is one of the most problematic issues of the programme. The involve- ment of young people in the design of schools is used to suggest empowerment, place-making and to promote social cohesion but this is set against government design literature which advo- cates for exemplars, standard layouts and best practice, all leading to forms of standardisation. The potentials for tokenistic student involvement and conflict with policy aims are evident. This paper explores two issues: how to foster in young people an ethic towards future generations, and the role of co-design practices in this process. Michael Oakeshott calls teaching the conver- sation of mankind. In this paper, I look at the philosophy of Hannah Arendt, Emmanuel Levinas, Maurice Merleau-Ponty and Luce Irigaray to argue that investigating the ethical dilemmas of the programme through critical dialogue with students offers an approach to meeting government objectives, building sustainable schools, and fostering sustainable citizenship. (shrink)

I critically examine a common liberal egalitarian view about the justification for, and proper content of, mandatory health insurance. This view holds that a mandate is justified because it is the best way to ensure that those in poor health gain health insurance on equitable terms. It also holds that a government should mandate what a representative prudent individual would purchase for themselves if they were placed in fair conditions of choice. I argue that this common justification for a (...) mandate is incomplete. A further reason for mandated insurance is that it helps secure social egalitarian public goods that would be underprovided if insurance were optional. I also argue that rather than mandating what a representative individual would choose for themselves, we should design the mandatory package by appealing to a pluralistic egalitarian view, which cares about improving people’s well-being, reducing unfair inequality, and maintaining egalitarian social relations. (shrink)

The objective of the paper is to explore the issue that despite the absence of adequate formal and systematic ways for the poor and disadvantaged people to get access to health benefit like in a rich liberal society, there are active social customs, feelings and individual and collective responsibilities among the people that help the disadvantaged and poor people to have access to the minimum health care facility in both liberal and non-liberal poor countries. In order to (...) explain the importance and functional contribution of the social norms in this respect, some examples will be illustrated from Bangladesh which is a poor liberal country. There will be two sections of the paper. In the first section, it will be exhibited how the naturally and socially disadvantaged people in a liberal society get benefit following Rawls‟ theory of distributive justice. In the second section, it will be showed that in a poor country where there are less resources of the government to provide enough services to the poor and disadvantaged people, the communal feelings and the informal social institutions play a vital role that helps the disadvantaged and poor people to get access to the health benefit. The traditional social norms impose indirect sanction on its people to come forward to help the worse off people of the country. It is depicted that Rawlsian theory of distribution does not work properly in these countries, rather the communitarian feelings is more welcomed for the benefit of the overall welfare of the society and this will be shown in the conclusion of the paper. (shrink)

Purpose: This article covers the events and incidents predicted before and after the appearance of Imam Mahdi and Jesus Christ. This article seeks to address the facts and inform you about the system of government of Imam Mahdi and Jesus Christ. Also, miracles and the titles of Imam Mahdi are other topics that were mentioned in this article. Also, this research was conducted to answer and clarify three questions that stated in the Introduction section. Methods: We performed our methods (...) in 4 stages: Identifying studies, Selection of Studies, Collating Studies, Reporting results. Results: Imam Mahdi's world government follows the pattern of the Prophet's method of rule in early Islam. Jesus Christ has a special status in the Quranic literature and in the hadith, and plays a special role in establishing the divine government with Imam Mahdi. Imam Mahdi's system of government is unlike any government the world has ever known. Conclusion: Among the issues that exist in the apocalypse, we are faced with an issue called Imam Mahdi. In fact, Imam Mahdi is the savior of Muslims and all people with Jesus Christ. Imam Mahdi will form a just government in the world like his ancestors. We hope this article will take an important step in acquainting people with Imam Mahdi and Jesus Christ and paving the ground for their reappearance. (shrink)

Regulation is nothing without enforcement. This particularly holds for the dynamic field of emerging technologies. Hence, this article has two ambitions. First, it explains how the EU´s new Artificial Intelligence Act (AIA) will be implemented and enforced by various institutional bodies, thus clarifying the governance framework of the AIA. Second, it proposes a normative model of governance, providing recommendations to ensure uniform and coordinated execution of the AIA and the fulfilment of the legislation. Taken together, the article explores how the (...) AIA may be implemented by national and EU institutional bodies, encompassing longstanding bodies, such as the European Commission, and those newly established under the AIA, such as the AI Office. It investigates their roles across supranational and national levels, emphasizing how EU regulations influence institutional structures and operations. These regulations may not only directly dictate the structural design of institutions but also indirectly request administrative capacities needed to enforce the AIA. (shrink)

To assess the perception regarding the quality of life, a qualitative study was conducted on 20 old people of balance gender in Dhaka, Bangladesh. Most of the participants of our study were upper poor class and literate. Male participants were a little higher than females. The majority were between 60 and 65years. They were significantly more active, independent, and took part in productive work contributing in the country’s economy, and had significantly greater decision power than other age group. Quality (...) of life of the elderly is related to physical and, economical wellbeing and coping mechanism during old age. The government of Bangladesh has taken varying degrees of initiative to improve the elder condition, but that was not publicized well. Old age Allowance should be increased to BDT 5000/ ($50). Family attachment and emotional support is also related to the self-assurance, self-respect, and self-drive of the elderly. Parent's Care Act 2013 should be implemented for retrospective care of seniors. (shrink)

This paper is based on the premise that public officials in developing countries lack the necessary skills to implement Knowledge Management (KM) successfully, so a framework is required to facilitate this process. South Africa is the case study. It is therefore necessary to develop a Knowledge Management Implementation Framework (KMIF). Consequently, one of the objectives of this paper is to validate this need and then outline a KMIF that can help government departments in developing countries implement KM and foster (...) a KM culture. A mixed methodology approach was used, combining qualitative and quantitative data collection. Based on the Taro Yamane formula, 139 people were selected from a target population of 221 officials involved in KM in the South African government. DATAtab, a web-based statistics application, was used to analyze the responses. A comprehensive review of several secondary literature sources was carried out. For the literature review, relevant peer-reviewed articles were downloaded from Google Scholar, ResearchGate, Scopus, and Phil Papers. The study posits that officials charged with KM implementation in the South African government lack the necessary implementation skillset, that a need for a KMIF exists, and subsequently outlines a three-stage KMIF to facilitate their efforts. This study recommends that the proposed three-stage KMIF be adopted since it will provide the government (i) a simplified and structured way of realizing KM; (ii) it will be an effective tool that officials can use to guide them on how to implement KM, and (iii) it will cultivate a KM culture within the government. Even though the study is original to the South African government, the findings, however, may be applied to other emerging governments in Africa and beyond. Despite its theoretical nature, the paper lacks empirical validation, leaving it open to further investigation. (shrink)

At least half of American adults are overweight or obese, and the number may be as high as two-thirds. These facts have spurred anti-obesity campaigns, and those campaigns have provoked difficult questions in public health and population ethics. Should the government merely inform people about the risks of unhealthy food? May it try to change behavior by taxing unhealthy food? May it ban some foods outright? This paper proposes that we should answer these questions using familiar liberal principles. (...) The principles show that several common arguments for obesity interventions are flawed. The principles also highlight several that succeed, and those arguments point toward a new proposal for food labeling and some potential market interventions. (shrink)

Being adorned with virtues is one of the most important fundamental issues in the field of Farabi's philosophy, especially in his civil and political thought. The most important of these virtues is the virtue of political socialization. Sociability or socialization means the conformity of a person with group and social values, norms and attitudes, in this way a person first gets to know the ways of collective life and acceptance of others. One of the sub-branches of socialization is its political (...) type, i.e. political socialization, which deals with the relationship between the government and the people for the transfer of political culture from one generation to another in the form of political standards and norms to direct the intellectual path of the individual and the society under the government. In Farabi's philosophy, socialization is a virtue in which a person is educated for his duties, rights and roles, including his political role in society. In this essay, an attempt has been made to describe the purpose of political socialization and political socialization education in Farabi's philosophy with a descriptive-analytical method. The purpose of teaching political socialization; To make people aware of politics and the importance of its vital role in the world and in their country, in such a way that they pay attention to it, and by gaining insight into the proper political way, they strive to elevate their thoughts and in their political actions as well. He should behave in a way that brings the greatest good to himself and the people of the country, this method creates conditions for the continuation of political life and value system, creating justice, forming a utopia, teaching rational principles, actions and moral properties in the direction of progress towards perfection in relation to It becomes happiness. As a result, it should be said that; One of the prerequisites for motivating the members of Madinah Fahleh to move towards happiness is to encourage them to learn their civic duties. (shrink)

Adults aged 65 and above comprise the fastest growing sector of the world’s population. In the context of increasing numbers of older adults, employment policies have become a prominent issue. Governments recognize the importance of increasing participation in working age population and providing them with equal workplace opportunities. Yet, it appears that policies raising employment rates of older adults have become a slogan that governments use for election purposes, but the reality is different. In the groundbreaking report “Working Better with (...) Age: Poland‘ prepared by the Organization for Economic Cooperation and Development, Poland, the Czech Republic, and Slovakia belong to a group of countries where the increase in the employment rate of older adults is well below the OECD average. The objective of our critical review is to evaluate current employment policies for older adults, including but not limited to healthy work conditions, age management strategies, employment services for older workers, and strategies implemented to prevent the age discrimination, in these three countries. This article also discusses the reasons for the reduction in the employment of older adults, the current barriers in employing older adults that require governments’ attention, and suggests solutions for creating an age-friendly labor market that can effectively make use of older adults’ competencies. Employment rates for people of different ages are significantly affected by government policies with regard to higher education, pensions, and retirement age. (shrink)

Biodiversity science is in a pivotal period when diverse groups of actors—including researchers, businesses, national governments, and Indigenous Peoples—are negotiating wide-ranging norms for governing and managing biodiversity data in digital repositories. These repositories, often called biodiversity data portals, are a type of organization for which governance can address or perpetuate the colonial history of biodiversity science and current inequities. Researchers and Indigenous Peoples are developing and implementing new strategies to examine and change assumptions about which agents should count as salient (...) participants in scientific projects, especially in projects that build and manage large digital data portals. Two notable efforts are the FAIR (Findable, Accessible, Interoperable, Reusable) and CARE (Collective benefit, Authority, Responsibility, Ethics) Principles for scientific data management and governance. To characterize how these principles influence the governance of biodiversity data portals, we develop an account of fit-for-use data that makes explicit its social as well as technical conditions in relation to agents and purposes. The FAIR Principles, already widely adopted by biodiversity researchers, prioritize machine agents and efficient computation, while the CARE Principles prioritize Indigenous Peoples and their data sovereignty. Both illustrate the potency of an emerging general strategy by which groups of actors craft and implement governance principles for data fitness-of-use to change assumptions about who are salient participants in data science. (shrink)

The political, economic and environmental policies of a hegemonic, oligarchic, political-economic international caste are the origin and cause of the ecological and political dystopia that we are living in. An utilitarian, resourcist, anthropocentric perspective guides classical economics and sustainable development models, allowing the enrichment of a tiny part of the world's population, while not impeding but, on the contrary, directly inducing economic losses and environmental destruction for the many. To preserve the integrity of natural systems we must abandon the resourcist (...) anthropocentric ethical fiction that is the current moral foundation underlying our relationship with nature and instead promote the realization of a new developmental landmark for democratic institutions: direct democracy, i.e. democracy truly governed by the people for the people, and ultimately for nature as well. (shrink)

Our main research question is how pliable Norwegian meat consumption practices are. However it is not any type of elasticity we are interested in. We are specifically interested in the scope for what we dub the “4Rs” of responsible meat consumption within existing food systems: 1. Reducing the amount of animal-based proteins used 2. Replacing animal-based protein with plant-based, or insect-based alternatives 3. Refining processes of utilization of animal-based protein to minimize emissions, loss and waste 4. Recognising animal-based protein as (...) precious –i.e. recognising the people and the animals involved in meat production. -/- These four principles are derived by analogy to ethical principles guiding the use of animals in research, the so-called “3Rs”, namely: the imperatives to reduce the number of animals needed to make a scientific inference, to replace animal experiments with other types of research, and where not possible to replace ‘more’ with ‘less’ sentient creatures, and to refine the experimental setup so it minimises the discomfort and/or distress inflicted upon the animals (Russell and Burch, 1959). There are no such principles guiding the use of animals in farming, given the farming industry intrinsically relies on increasing its resources, of which animals are one. The current profile of climate change however opens up a way to re-appreciate meat –indeed what we articulate as the fourth principle of recognizing the preciousness of meat, above, given planetary boundaries. We proceed to reflect on how these 4Rs can be modulated, from a cultural-social perspective, that is, we look at cultural factors that could stretch current food practices along the 4R aspects. (shrink)

This study evaluated the citizens’ assessment ofthe delivery of environmental management programs of the Local Government Unit (LGU) of Banga, Aklan employing the CitizenSatisfaction Index System (CSIS). Particularly, the study determined the awareness, availment, satisfaction,and need for action on the LGU’s environmental management programs. The study applied a mix of quantitative and qualitative methods. The samples were determined by applying the Multi-Stage Random Probability Sampling technique to give all the citizens an equal chance to be selected as a participant. (...) The 150 respondents were drawn from barangays with larger shares of the population. The qualified sample respondents were identified using the Kish Grid. All respondents were 18 years old and above. An odd-numbered questionnaire was administered to male respondents while an even-numbered questionnaire was targeted to female respondents. The reasons for their response were likewise gathered. The study concluded that most of the respondents were aware of the clean-up programs/projects. On the other hand, a low awareness was attained on projects such as air pollution control programs and solid waste management. A high percentage of respondents had availed of environmental management programs offered in the LGU. Overall, many respondents were happy with the local government unit's environmental management activities, indicating that less action is necessary. The LGU should improve its air pollution control and solid waste management initiatives, according to the recommendations. Appropriate measures must be used to persuade people to participate, particularly those who burn their trash. Seminars and courses on appropriate trash disposal are held and conduct of regular tree-planting activities may be carried out to help resolve this problem. (shrink)

The rapid spread of SARS-CoV-2 and its corresponding COVID-19 is challenging national preparedness and response ability to pandemics. No one is prepared well, but governments around the world must respond as effectively and efficiently as possible to pandemics, and every occurrence of such worldwide disease must be a lesson for preparedness. While plans and programs may be in place to arrest the rapid spread of the virus, the success of any state intervention relies much on how cohesive the society is, (...) how trusting the people are, and how trustworthy the government is. Social cohesion begets trust, and trust engenders obedience and calm. The absence of social cohesion produces social unrest and social erosion, lack or absence of social trust creates risk societies, disobedience. When these conditions exist, the spread of a virus is inevitable. Furthermore, they create a pandemic of confusion and fear, of stigmatization and discrimination. The ways that nations respond to the pandemic today and how the society responds to state actions will principally determine their lots and destinies in the next decades or even in the next elections. The pandemic reveals the quality of leaders and people a nation has. Governments that are successful at controlling the spread of SARS-CoV-2 and minimizing fatalities of COVID-19 will enjoy even more social cohesion and public trust, while those that deferred vigorous interventions to control its spread will see greater social stress and distrust, resulting in the paralyzation of the public’s faith in leaders and government institutions. (shrink)

This paper examines the 'taking back control' over immigration arguments offered for Brexit and for reinforcing the Southern border of the United States. According to these arguments, Brexit and increased border enforcement were needed to ensure collective self-governance for the peoples of Britain and the United States. I argue that 1. In fact these policies did little to enhance collective self-governance properly understood, and 2. They actually thwarted collective self-governance due their racially exclusionary effects on people of color in (...) Britain and the United States. (shrink)

Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable (...) to us to defend ourselves: we are bound to the law duly enacted according to the original Constitution to which we consented. For Locke, how best to avoid dissolution of government and preserve individual liberty is for the people to judge collectively, unconstrained by natural proscriptions on gun regulations, limited only by the demands that government not be arbitrary and that it serve the public good. (shrink)

The paper argues that same-sex marriage ought to be legalized. The argument is ecumenical and appeals only to basic principles of liberal government. Specifically, the paper argues that if the government is offering an opportunity to one group, then it may not withhold the opportunity from another on the ground that the people receiving it are immoral or that their receipt of the opportunity would spread immoral messages. The only acceptable ground is that the group’s receipt would (...) cause wrongful harm to third-parties that would outweigh the benefits. Same-sex marriage would not do so, and thus it must to be allowed. As part of this argument, the paper addresses the popular stamp-of-approval and defense-of-marriage arguments against same-sex marriage. (shrink)

Artificial intelligence has arrived. In the online world it is already a part of everyday life, sitting invisibly behind a wide range of search engines and online commerce sites. It offers huge potential to enable more efficient and effective business and government but the use of artificial intelligence brings with it important questions about governance, accountability and ethics. Realising the full potential of artificial intelligence and avoiding possible adverse consequences requires societies to find satisfactory answers to these questions. This (...) report sets out some possible approaches, and describes some of the ways government is already engaging with these issues. (shrink)

As governments around the world imposed lockdowns or stay-at-home measures, people began to feel the stress as time dragged on. There were already reports on some individuals committing suicide. How do governments respond to such a phenomenon? Our main focus is the Philippine government and how it responded to the COVID-19 pandemic. In this paper, we argue that the problem with COVID-19 went forth just dealing with physical health. First, people suffer not just from being infected but (...) the psychological stress of possibly getting the virus and the toll of the government lockdown or quarantine. Second, the Philippine Bayanihan ‘We Heal As One Act’ lacks focus on mental health issues while the government's response seemed to focus on security issues. Third, there are countries around the world that have acted effectively in protecting people’s mental health. Lastly, we propose appropriate measures to help address the people's mental health while still in the pandemic and for a future one. (shrink)

Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters (...) Buddhists people by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Democracy simply put, is the government of “the people”. There is no doubt that the rise of “the people” is now a principal political force in our contemporary world. Though democracy is largely celebrated today, Ortega y Gasset, in his book Revolt of the Masses thinks that it is an unfortunate incident. For him, the masses, regrettably, are vulgar. The masses are drunken by the possibilities that contemporary science has made feasible on one hand. Then again, their (...) obscenity keeps them from realizing what to do with the conceivable outcomes. So, the masses float. The masses don't comprehend the past. This absence of knowledge endangers the masses’ progress with negative potential outcomes, but they want to lead, rule and involve in government. The “revolt of the masses” is simply a rebellion of hysteria against reason in human activities. This paper attempts to look critically at Otega’s Revolt of the Masses and democracy. It then agrees that the rise of the people has caused lot of problems, and against democracy, Plato’s philosopher king should be advocated for. (shrink)

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...) her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

We conducted a systematic literature review on the ethical considerations of the use of contact tracing app technology, which was extensively implemented during the COVID-19 pandemic. The rapid and extensive use of this technology during the COVID-19 pandemic, while benefting the public well-being by providing information about people’s mobility and movements to control the spread of the virus, raised several ethical concerns for the post-COVID-19 era. To investigate these concerns for the post-pandemic situation and provide direction for future events, (...) we analyzed the current ethical frameworks, research, and case studies about the ethical usage of tracing app technology. The results suggest there are seven essential ethical considerations—privacy, security, acceptability, government surveillance, transparency, justice, and voluntariness—in the ethical use of contact tracing technology. In this paper, we explain and discuss these considerations and how they are needed for the ethical usage of this technology. The fndings also highlight the importance of developing integrated guidelines and frameworks for implementation of such technology in the post- COVID-19 world. (shrink)

A particularly important, pressing, philosophical question concerns whether Confederate monuments ought to be removed. More precisely, one may wonder whether a certain group, viz. the relevant government officials and members of the public who together can remove the Confederate monuments, are morally obligated to (of their own volition) remove them. Unfortunately, academic philosophers have largely ignored this question. This paper aims to help rectify this oversight by moral philosophers. In it, I argue that people have a moral obligation (...) to remove most, if not all, public Confederate monuments because of the unavoidable harm they inflict on undeserving persons. In the first section, I provide some relevant historical context. In the second section, I make my unique harm-based argument for the removal of Confederate monuments. In the third section, I consider and rebut five objections. (shrink)