The groundwork has long been laid, by feminist and critical race theorists, for recognizing that a robust social epistemology must be centrally concerned with questions of epistemic injustice; it must provide an account of how inequitable social relations inflect what counts as knowledge and who is recognized as a credible knower. The cluster of papers we present here came together serendipitously and represent a striking convergence of interest in exactly these issues. In their different ways, each contributor is (...) concerned both to understand how dominant epistemic norms perpetuate ignorance and injustice and to articulate effective strategies for redressing these inequities. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet (...) the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Academic social networks and social media have revolutionised the way individuals gather information and express themselves, particularly in academia, science, and research. Through the lens of academics, this study aims to investigate the epistemological and psychosocial aspects of these knowledge sources. The epistemological attitude model presented a framework to delve into and reflect upon the existence of knowledge sources, comprising subjective, interactional, and knowledge dimensions. One hundred and twenty-six university academics participated in this study, including lecturers and researchers (...) from different higher education institutions in Latvia. The study employed two methods: the Epistemological Attitudes towards Sources of Knowledge Questionnaire and the Epistemological Attitudes towards Sources of Knowledge Semantic Questionnaire. The data analysis involved several procedures, including exploratory and confirmatory factor analysis, correlation analysis, and test statistics. By implementing these methods, the study gained valuable insights into the sources of knowledge, examining them from two perspectives. The first perspective brought attention to the differences in academics’ appraisals by discussing their understanding, approach, use, and valuations of these sources. By scrutinising the constructs of meanings, the second perspective sheds light on the anticipated knowledge which is deemed ideal, the concrete knowledge that is both social and objective, and the subjectively valuable nature of academic social networks and social media. The findings underscore the specialised knowledge and qualities that academics rely on for producing knowledge. In terms of epistemology, methodology, social science, and education, the study holds theoretical and practical implications, especially in comprehending knowledge and its sources. (shrink)

The practice of social studies continues to be a complicated scientific endeavor. From an epistemological point of view, the social sciences, unlike the natural sciences, do not conform to the predominant definition of science. The existing differences among expositions of “science,” “inquiry,” and “studies” lie with the contested role of the intellectual who is embarked on understanding the social realm. The “maturity” of the social sciences is usually discussed in the context of objectivity and rationality. (...) But continuing epistemological debates would be insufficient without reference to the scholar as a human studying humans. The philosophy of science has focused mainly on the procedures of knowledge accumulation, neglecting social context and its implications for inquiry. To address this neglect, this essay sets out first to retrace doubts about the role of the scholar that emerged with the institutionalization of the social sciences at the outset of the twentieth century and then to rethink these issues in terms of recent scientific developments. What surfaces is a new, participatory role for scholars that demands responsible contextualization and a broader conception of causal stories. (shrink)

Two competing models of metaaxiological justification of politics are analyzed. Politics is understood broadly, as actions which aim at organizing social life. I will be, first of all, interested in law making activities. When I talk about metaaxiological justification I think not so much about determinations of what is good, but about determinations refering to the way the good is founded, in short: determinations which answer the question why something is good. In the first model, which is described here (...) as objectivistic, it is assumed that determining that which is good is a matter of cognition; in the second model, which could be described here as voluntaristic or excedingly liberal, it is assumed that determining good is not a matter of cognition but of will – something is good because it is wanted. In the latter model, the cognoscibility of good is rejected and therefore the objective criteria for evaluation of which ‘will’ is better and which is worse are rejected. As a consequence, negative freedom becomes the fundamental value of social order and the basic requirement is that of maximizing the sphere of individual’s free actions, the sphere which is free from interference of other individuals or institutions. I am going to argue that none of these models is acceptable as a basis of oragnizing social life, and at least because of one reason. Each of them leads to a certain version of totalitarianism. In the conclusion I am going to present a mixed model, which, in my opinion, reflexes well the practice of democratic states. Analysis of these three models allows, first of all, to identify more clearly some of the problems appearing in making law, including procedural questions. By pointing at the interdependence of the foundations of good and law making procedures it is argued that the choice of the concept of good (a metaaxiological choice) is primary to the choice of law making procedures. (shrink)

Humans have long wondered whether they can survive the death of their physical bodies. Some people now look to technology as a means by which this might occur, using terms such 'whole brain emulation', 'mind uploading', and 'substrate independent minds' to describe a set of hypothetical procedures for transferring or emulating the functioning of a human mind on a synthetic substrate. There has been much debate about the philosophical implications of such procedures for personal survival. Most participants to that debate (...) assume that the continuation of identity is an objective fact that can be revealed by scientific enquiry or rational debate. We bring into this debate a perspective that has so far been neglected: that personal identities are in large part social constructs. Consequently, to enable a particular identity to survive the transference process, it is not sufficient to settle age-old philosophical questions about the nature of identity. It is also necessary to maintain certain networks of interaction between the synthetic person and its social environment, and sustain a collective belief in the persistence of identity. We defend this position by using the example of the Dalai Lama in Tibetan Buddhist tradition and identify technological procedures that could increase the credibility of personal continuity between biological and artificial substrates. (shrink)

This paper describes a method for the analysis of the evolutionary path of a complex, dynamic, and contingent social phenomenon in an empirical setting. Given empirical evidence of a surprising or anomalous fact, which contradicts the prediction of the wide-acknowledged theory, the goal is to formulate a plausible explanation based on the context of occurrence, taking a holistic and historical point of view. The procedure begins by translating theoretical propositions into grammar rules to describe patterns of either individual action (...) or interaction that may occur within the hypothesized social system. The result is a category of social process in which the objects are types of decision-making events carried by a stable community of actors over time, and the relationships between them are state transitions revealed in the sequences of event outcomes. Therefore, structural comparison between pairs of representative instances result in an extension of the category of social processes, relying on the configurations of contextual conditions that enable the occurrence of the new event outcome in specific empirical settings. (shrink)

The underrepresentation of women, people of color, and especially women of color—and the corresponding overrepresentation of white men—is more pronounced in philosophy than in many of the sciences. I suggest that part of the explanation for this lies in the role played by the idealized rational self, a concept that is relatively influential in philosophy but rarely employed in the sciences. The idealized rational self models the mind as consistent, unified, rationally transcendent, and introspectively transparent. I hypothesize that acceptance of (...) the idealized rational self leads philosophers to underestimate the influence of implicit bias on their own judgments and prevents them from enacting the reforms necessary to minimize the effects of implicit bias on institutional decision-making procedures. I consider recent experiments in social psychology that suggest that an increased sense of one’s own objectivity leads to greater reliance on bias in hiring scenarios, and I hypothesize how these results might be applied to philosophers’ evaluative judgments. I discuss ways that the idealized rational self is susceptible to broader critiques of ideal theory, and I consider some of the ways that the picture functions as a tool of active ignorance and color-evasive racism. (shrink)

Background and Objectives: In this research article, the researcher addresses the issue of creating public understanding in a democratic society about the progress of science, with an emphasis on pluralism from philosophers of science. The idea that there is only one truth and that there are just natural laws awaiting discovery by scientists has historically made it difficult to explain scientific progress. This belief motivates science to develop theories that explain the unity of science, and it is thought that diversity (...) in the way different ideas presented by scientists is a problem that results in time being wasted in search of the most accurate theory. Some scientists perceive a benefit in having a range of scientific hypotheses, though. One benefit that is frequently cited is that scientific diversity as a whole contributes to the development of a democratic society that permits the expression of a range of viewpoints. The road to accountable scientific pluralism is fraught with difficulties, though. Therefore, it is crucial to take into account both pluralism's advantages and disadvantages. This research aims at: 1. analyzing in an epistemological way the interpretation of scientific theories and the progress of science from the perspectives of scientific pluralists; 2. analyzing the relationship between science and democracy in explaining scientific significance and progress; and 3. synthesizing new knowledge on epistemic dependentism and to argue that it plays a significant role in evaluating research issues related to scientific pluralism. Methodology: The research methodology involves the application of documentary investigation along with philosophical discourse. The method of philosophical argumentation involves analyzing the lines of arguments found in relevant academic publications in order to assess their validity and soundness. Main Results: One key argument of the pluralists is the use of the concept of theoretical pluralism, which suggests that scientific knowledge is created from a variety of perspectives according to the social and cultural context of knowledge creation. It is found that part of Longino's argument is based on the negation of rational/social dichotomy. Moreover, her theory is a departure from philosopher of science Philip Kitcher, who advocates the creation of scientific knowledge and the evaluation of scientific progress through the means of democratic society. He explains that these procedures will lead to "well-ordered science" in democratic society. Discussions: The researcher examines the underlying ideas accepted by these two philosophers of science and finds that although their opinions differ, they have common ground in the acceptance of consensus. However, the views of both philosophers still lack weight in explaining the knowledge itself. The researcher argues that the acceptance of pluralism as a way of understanding scientific progress necessarily lends itself to dependentism, which points to interdependence in comparisons of superiority/inferiority between scientific theories. It is undeniable that the situation has emerged all the time, even though the success of the scientific theories being compared to each other comes from different social and cultural grounds of thought. Conclusions: Some popular models of scientific pluralism in the philosophy of science still lack a compelling justification, particularly on the epistemic grounds. By elucidating the epistemic significance of the interdependence of these things, scientific pluralism can be strengthened by incorporating the notion of epistemic dependentism into the analysis of scientific progress. (shrink)

Amartya Sen has recently leveled a series of what he alleges to be quite serious very general objections against Rawls, Rawlsian fellow travelers, and other social contract accounts of justice. In The Idea of Justice, published in 2009, Sen specifically charges his target philosophical views with what calls transcendentalism, procedural parochialism, and with being mistakenly narrowly focused on institutions. He also thinks there is a basic incoherence—arising from a version of Derek Parfit’s Identity Problem—internal to the Rawslian theoretical (...) apparatus. Sen would have political philosophy pursue intersocietal comparisons of relative justice more directly and in the manner of social choice theory. Yet the positive argument he develops in support of this method is quite thin. That aside, Sen’s polemical strategy of inflicting death by a thousand cuts is ineffective against the Rawlsian paradigm. For, as I show herein, none of these criticisms have the force we might be led to expect. (shrink)

Surveillance programs supporting the management of One Health issues such as antibiotic resistance are complex systems in themselves. Designing ethical surveillance systems is thus a complex task (retroactive and iterative), yet one that is also complicated to implement and evaluate (e.g., sharing, collaboration, and governance). The governance of health surveillance requires attention to ethical concerns about data and knowledge (e.g., performance, trust, accountability, and transparency) and empowerment ethics, also referred to as a form of responsible self-governance. Ethics in reflexive governance (...) operates as a systematic critical-thinking procedure that aims to define its value: What are the “right” criteria to justify how to govern “good” actions for a “better” future? The objective is to lay the foundations for a methodological framework in empirical bioethics, the rudiments of which have been applied to a case study to building reflexive governance in One Health. This ongoing critical thinking process involves “mapping, framing, and shaping” the dynamics of interests and perspectives that could jeopardize a “better” future. This paper proposes to hybridize methods to combine insights from collective deliberation and expert evaluation through a reflexive governance functioning as a community-based action-ethics methodology. The intention is to empower individuals and associations in a dialogue with society, which operation is carried out using a case study approach on data sharing systems. We based our reasoning on a feasibility study conducted in Québec, Canada (2018–2021), envisioning an antibiotic use surveillance program in animal health for 2023. Using the adaptive cycle and governance techniques and perspectives, we synthesize an alternative governance model rooted in the value of empowerment. The framework, depicted as a new “research and design (R&D)” practice, is linking operation and innovation by bridging the gap between Reflexive, Evaluative, and Deliberative reasonings and by intellectualizing the management of democratizing critical thinking locally (collective ethics) by recognizing its context (social ethics). Drawing on the literature in One Health and sustainable development studies, this article describes how a communitarian and pragmatic approach can broaden the vision of feasibility studies to ease collaboration through public-private-academic partnerships. The result is a process that “reassembles” the One Health paradigm under the perspective of global bioethics to create bridges between the person and the ecosystem through pragmatic ethics. (shrink)

E-Government refers to the administration of Information and Communication Technologies (ICT) to the procedures and functions of the government with the objective of enhancing the transparency, efficiency and participation of the citizens. E-Government is tough systems that require distribution, protection of privacy and security and collapse of these could result in social and economic costs on a large scale. Many of the available e-government systems like electronic identity system of management (eIDs), websites are established at duplicated databases and servers. (...) An established validation and management system could face a single failure point and the system is prone to Distributed Denial of Service Attacks (DDoS), denial of service attacks (DoS), malware and other cyber attacks. The execution of a privacy preserving and a secure decentralized system is enabled by the block chain technology. Here any third-party organizations do not have any control over the transactions of the Government. With the help of block chain technology, new and existing data are encapsulated within ledger or blocks, which are evenly distributed through the network in an enduring and sustainable way. The privacy and security of information are improved with the help of block chain technology, where distribution and encryption of data are performed through the total network. This analytical paper maps out the analysis of the security in the e-government system, utilizing the block chain technology that provides privacy and security of information and thereby enhancing the trust among the public sector. Qualitative and theoretical analysis is made for the proposed topic and implications of privacy and security of the proposed system is made. (shrink)

If whatever counts as merit for some purpose is unevenly distributed, a decision procedure that accurately sorts people on that basis will “pick up” and reproduce the pre-existing pattern in ways that more random, less merit-tracking procedures would not. This dynamic is an important cause for concern about the use of predictive models to allocate goods and opportunities. In this article, I distinguish two different objections that give voice to that concern in different ways. First, decision procedures may contribute to (...) future social injustice and other social ills by sustaining or aggravating patterns that undermine equality of status and opportunity. Second, the same decision procedures may wrong particular individuals by compounding prior injustices that explain those persons’ predicted or actual characteristics. I argue for the importance of the first idea and raise doubts about the second. In normative assessments and legal regulation of algorithmic decisionmaking, as in our thinking about anti-discrimination norms more broadly, a central concern ought to be the prospect of entrenching harmful and unjust patterns—quite apart from any personal wrong done to the individuals about whom predictions are made. (shrink)

This paper addresses the problem of judgment aggregation in science. How should scientists decide which propositions to assert in a collaborative document? We distinguish the question of what to write in a collaborative document from the question of collective belief. We argue that recent objections to the application of the formal literature on judgment aggregation to the problem of judgment aggregation in science apply to the latter, not the former question. The formal literature has introduced various desiderata for an aggregation (...) procedure. Proposition-wise majority voting emerges as a procedure that satisfies all desiderata which represent norms of science. An interesting consequence is that not all collaborating scientists need to endorse every proposition asserted in a collaborative document. (shrink)

The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...) role of vacuum conception and the idea of existence (actual and potential, observable and nonobservable, virtual and hidden) types were analyzed. In collaboration with S.Crymski heuristic and regulative functions of categories of substance, world as a whole as well as postulates of relativity and absoluteness, and anthropic and self-development principles were singled out. Elaborating Kopnin’s view of scientific theories as a practically effective and relatively true mapping of their domains, the author in collaboration with M. Burgin have originated the unified structure-nominative reconstruction (model) of scientific theory as a knowledge system. According to it, every scientific knowledge system includes hierarchically organized and complex subsystems that partially and separately have been studied by standard, structuralist, operationalist, problem-solving, axiological and other directions of the current philosophy of science. 1) The logico-linguistic subsystem represents and normalizes by means of different, including mathematical, languages and normalizes and logical calculi the knowledge available on objects under study. 2) The model-representing subsystem comprises peculiar to the knowledge system ways of their modeling and understanding. 3) The pragmatic-procedural subsystem contains general and unique to the knowledge system operations, methods, procedures, algorithms and programs. 4) From the viewpoint of the problem-heuristic subsystem, the knowledge system is a unique way of setting and resolving questions, problems, puzzles and tasks of cognition of objects into question. It also includes various heuristics and estimations (truth, consistency, beauty, efficacy, adequacy, heuristicity etc) of components and structures of the knowledge system. 5) The subsystem of links fixes interrelations between above-mentioned components, structures and subsystems of the knowledge system. The structure-nominative reconstruction has been used in the philosophical and comparative case-studies of mathematical, physical, economic, legal, political, pedagogical, social, and sociological theories. It has enlarged the collection of knowledge structures, connected, for instance, with a multitude of theoreticity levels and with an application of numerous mathematical languages. It has deepened the comprehension of relations between the main directions of current philosophy of science. They are interpreted as dealing mainly with isolated subsystems of scientific theory. This reconstruction has disclosed a variety of undetected knowledge structures, associated also, for instance, with principles of symmetry and supersymmetry and with laws of various levels and degrees. In cooperation with the physicist Olexander Gabovich the modified structure-nominative reconstruction is in the processes of development and justification. Ideas and concepts were also in the center of Kopnin’s cognitive activity. The author has suggested and elaborated the triplet model of concepts. According to it, any scientific concept is a dependent on cognitive situation, dynamical, multifunctional state of scientist’s thinking, and available knowledge system. A concept is modeled as being consisted from three interrelated structures. 1) The concept base characterizes objects falling under a concept as well as their properties and relations. In terms of volume and content the logical modeling reveals partially only the concept base. 2) The concept representing part includes structures and means (names, statements, abstract properties, quantitative values of object properties and relations, mathematical equations and their systems, theoretical models etc.) of object representation in the appropriate knowledge system. 3) The linkage unites a structures and procedures that connect components from the abovementioned structures. The partial cases of the triplet model are logical, information, two-tired, standard, exemplar, prototype, knowledge-dependent and other concept models. It has introduced the triplet classification that comprises several hundreds of concept types. Different kinds of fuzziness are distinguished. Even the most precise and exact concepts are fuzzy in some triplet aspect. The notions of relations between real scientific concepts are essentially extended. For example, the definition and strict analysis of such relations between concepts as formalization, quantification, mathematization, generalization, fuzzification, and various kinds of identity are proposed. The concepts «PLANET» and «ELEMENTARY PARTICLE» and some of their metamorphoses were analyzed in triplet terms. The Kopnin’s methodology and epistemology of cognition was being used for creating conception of the philosophy of law as elaborating of understanding, justification, estimating and criticizing legal system. The basic information on the major directions in current Western philosophy of law (legal realism, feminism, criticism, postmodernism, economical analysis of law etc.) is firstly introduced to the Ukrainian audience. The classification of more than fifty directions in modern legal philosophy is suggested. Some results of historical, linguistic, scientometric and philosophic-legal studies of the present state of Ukrainian academic science are given. (shrink)

The article analyzes cultural constructivism as one of the ways of a conceptual representation of historical reality. The connection between cultural constructivism as an epistemological position and cultural predication as a procedure of historical discourse is substantiated. The main focus is on the constructive function of cultural prediction in historical discourse. Constructivism as the position, behind which reality is the construction of consciousness is opposed to realism – the position in which thought or language reflect objectively existing and independent of (...) consciousness reality. When constructed reality corresponds to objective reality, constructivism acquires thе status of constructive realism. The classification of constructivism was proposed, according to which it is divided into epistemological, social and cultural. It is noted that cultural constructivism and cultural predication form the constructivist paradigm of historical discourse. (shrink)

Attempt of trans-disciplinary analysis of the evolutionary value of bioethics is realized. Currently, there are High Tech schemes for management and control of genetic, socio-cultural and mental evolution of Homo sapiens (NBIC, High Hume, etc.). The biological, socio-cultural and technological factors are included in the fabric of modern theories and technologies of social and political control and manipulation. However, the basic philosophical and ideological systems of modern civilization formed mainly in the 17–18 centuries and are experiencing ever-increasing and destabilizing (...) risk-taking pressure from the scientific theories and technological realities. The sequence of diagnostic signs of a new era once again split into technological and natural sciences’ from one hand, and humanitarian and anthropological sciences’, from other. The natural sciences series corresponds to a system of technological risks be solved using algorithms established safety procedures. The socio-humanitarian series presented anthropological risk. Global bioethics phenomenon is regarded as systemic socio-cultural adaptation for technology-driven human evolution. The conceptual model for meta-structure of stable evolutionary strategy of Homo sapiens (SESH) is proposes. In accordance to model, SESH composed of genetic, socio-cultural and techno-rationalist modules, and global bioethics as a tool to minimize existential evolutionary risk. An existence of objectively descriptive and value-teleological evolutionary trajectory parameters of humanity in the modern technological and civilizational context (1), and the genesis of global bioethics as a system social adaptation to ensure self-identity (2) are postulated. -/- . (shrink)

The monograph is an English, expanded and revised version of the book Cheshko, V. T., Ivanitskaya, L.V., & Glazko, V.I. (2018). Anthropocene. Philosophy of Biotechnology. Moscow, Course. The manuscript was completed by me on November 15, 2019. It is a study devoted to the development of the concept of a stable evolutionary human strategy as a unique phenomenon of global evolution. The name “An Evolutionary Metaphysics (Cheshko, 2012; Glazko et al., 2016). With equal rights, this study could be entitled “Biotechnology (...) as a result and factor of the evolutionary processˮ. The choice in favor of used “The Evolutionary Metaphysics of Human Enhancement Technologiesˮ was made in accordance with the basic principle of modern post-academician and human-sized science, a classic example of which is biotechnology. The “Metaphysics of Evolution” and “Evolutionary Metaphysics” concepts are used in several ways in modern philosophical discourse. In any case, the values contain a logical or associative reference to the teleological nature of the evolutionary process (Hull, 1967, 1989; Apel, 1995; Faye, 2016; Dupre, 2017; Rose, 2018, etc). In our study, the “evolutionary metaphysics” serves to denote the thesis of the rationalization and technologization of global evolution and anthropogenesis, in particular. At the same time, the postulate of an open future remains relevant in relation to the results of the evolutionary process. The theory of evolution of complex, including the humans system and algorithm for its constructing are а synthesis of evolutionary epistemology, philosophical anthropology and concrete scientific empirical basis in modern science. ln other words, natural philosophy is regaining the status bar element theoretical science in the era of technology-driven evolution. The co-evolutionary concept of 3-modal stable evolutionary strategy of Homo sapiens is developed. The concept based оn the principle of evolutionary complementarity of anthropogenesis: value of evolutionary risk and evolutionary path of human evolution are defined bу descriptive (evolutionary efficiency) and creative-teleological (evolutionary correctness) parameters simultaneously, that cannot bе instrumental reduced to others ones. Resulting volume of both parameters define the vectors of blological, social, cultural and techno-rationalistic human evolution Ьу two gear mechanism genetic and cultural co-evolution and techno-humanitarian balance. The resultant each of them сап estimated Ьу the ratio of socio-psychological predispositions of humanization / dehumanization in mentality. Explanatory model and methodology of evaluation of creatively teleological evolutionary risk component of NBIC technological complex is proposed. Integral part of the model is evolutionary semantics (time-varying semantic code, the compliance of the blological, socio-cultural and techno-rationalist adaptive modules of human stable evolutionary strategy). It is seem necessary to make three clarifications. First, logical construct, “evolutionary metaphysics” contains an internal contradiction, because it unites two alternative explanatory models. “Metaphysics”, as a subject, implies deducibility of the process from the initial general abstract principle, and, consequently, the outcome of the development of the object is uniquely determined by the initial conditions. Predicate, “evolutionary”, means stochastic mechanism of realizing the same principle by memorizing and replicating random choices in all variants of the post-Darwin paradigm. In philosophy, random choice corresponds to the category of “free will” of a reasonable agent. In evolutionary theory, the same phenomenon is reflected in the concept of “covariant replication”. Authors will attempt to synthesize both of these models in a single transdisciplinary theoretical framework. Secondly, the interpretation of the term “evolutionary (adaptive) strategyˮ is different from the classical definition. The difference is that the adaptive strategy in this context is equivalent to the survival, i.e. it includes the adaptation to the environment and the transformation (construction) of the medium in accordance with the objectives of survival. To emphasize this difference authors used verbal construction “adaptiveˮ (rather than “evolutionaryˮ) strategy as more adequate. In all other cases, the two terms may be regarded as synonymous. Thirdly, the initial two essays of this series were published in one book in 2012. Their main goal was the development of the logically consistent methodological concept of stable adaptive (evolutionary) strategy of hominines and the argumentation of its heuristic possibilities as a transdisciplinary scientific paradigm of modern anthropology. The task was to demonstrate the possibilities of the SESH concept in describing and explaining the evolutionary prospects for the interaction of social organization and technology (techno-humanitarian balance) and the associated biological and cultural mechanisms of the genesis of religion (gene-cultural co-evolution). In other words, it was related to the sphere of cultural and philosophical anthropology, i.e. to the axiological component of any theoretical constructions describing the behavior of self-organizing systems with human participation. In contrast, the present work is an attempt to introduce this concept into the sphere of biological anthropology and, consequently, its main goal is to demonstrate the possibility of verification of its main provisions by means of procedures developed by natural science, i.e. refers to the descriptive component of the same theoretical constructions. The result of this in the future should be methods for assessing, calculating and predicting the risk of loss of biological and cultural identity of a person, associated with a permanent and continuously deepening process of development of science and technology. (shrink)

Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken on (...) two cross-cutting distinctions that have been inherited from Locke and Rousseau: democratic processes as aggregative versus deliberative, and democratic legitimacy as substantive versus procedural. A reconstruction and critical evaluation of the four theories of judicial review, with special emphasis on their underlying theories of constitutional democracy, yields a set of criteria for adequate accounts of democratic processes, democratic legitimacy, and their relation to judicial review. I argue that the best understanding of constitutional review is yielded by Habermas’s theory because it combines a conception of popular sovereignty in terms of the collective process of citizens’ deliberative attempt to institutionalize the general will through law, with a resolutely proceduralist conception of democratic legitimacy. However, I also argue that some of the specific proposals Habermas makes concerning the institutionalization of constitutional review in an independent, non-accountable judiciary and the scope of duties for such a body need to be modified in the light of his overriding commitments to participatory deliberative processes and procedural legitimacy. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

In this study, the starting point is the well-known physical laws applied to human social life. On the basis of natural laws human actions are considered and through the prism of physical laws such concepts as use and possession are defined. A parallel is drawn between such a representation of these concepts and those conflicting views that are available in the literature regarding the concept of property. To complete the definitions of use and possession nature is introduced as a (...) fictitious owner. And on this basis, the positive possibility of a theoretical solution to the problem of initial assignment is shown. Again, on the basis of physical laws, the fundamental concept of [human] needs is introduced. It is shown that the collision of people's needs on the same thing allows uniform classifying property defined in literature as the relationship between a person and a thing or as the relationship between people because of a thing. Considering the relationship between two human beings through needs and costs, as a natural necessity, people inevitably renounce their claims to possess and use certain things in favor of other people. It is shown that this refusal forms the right of those people in whose favor this refusal is carried out to possess and use things. The right of one is the refusal of all others to own and use the thing. It is shown that the right was ensured and will always be ensured by force. The use or threat of the use of force is something that can reliably ward off a person from the unbridled realization of his needs. In the process of the formation of mankind, nature itself forces people to organize into communities that can oppose their individual members and their associations with significantly greater power. The whole, as a rule, is stronger than its part. And it is society that can reliably ensure the exercise of rights for its members. Natural laws also make it possible to resolve, on the basis of the concept of law, as a renunciation of possession and use, the issue of belonging to what nature gives us. These are natural resources and the human body. It is shown that the human body should belong to the person himself, and the resources to all members of society equally. The affiliation of all other things produced by man can be unambiguously determined within the framework of contractual relations between members of society, their associations and society as a whole. Since the right of everyone is ensured by the society, and, therefore, by each member of the society individually, a necessary condition for membership is understanding and recognition of the rights of certain things to other members of the society. And this may be the main criterion for joining full members of society, as opposed to the commonly used age criterion, which works on the bulk of people, but gives failures in many special cases. A typical example of such cases is the deprivation or infringement of the rights of persons of full legal age, but committed acts that are called unlawful in society. As part of the research on ownership issues, ownership is considered. It is shown that the necessary tool for using the objects of co-ownership is the voting of co-owners. A special case of co-ownership, when all co-owners have equal shares in co-ownership, is indistinguishable from what is called democracy. It is shown that voting in general and democracy in particular, as procedures for aggregating preferences, can have a positive decision, in refutation of the universality of the conclusion of Arrow's theorem. (shrink)

It is often seen as a truism that social objects and facts are the product of human intentions. I argue that the role of intentions in social ontology is commonly overestimated. I introduce a distinction that is implicit in much discussion of social ontology, but is often overlooked: between a social entity’s “grounds” and its “anchors.” For both, I argue that intentions, either individual or collective, are less essential than many theorists have assumed. Instead, I propose (...) a more worldly – and less intellectualist – approach to social ontology. (shrink)

Every organization, as they grow has many stakeholders like shareholders, employees, customers, vendors, community, etc. For survival and growth, they have to rely upon healthy relations with all these stockholders. Hence organizations need to provide good returns for shareholders but also good jobs for employees, reliable products for consumers, responsible relations with the community and a clean environment. -/- Business ethics is the application of general ethical principles to business dilemmas and encompasses a broader range of issues and concerns than (...) laws do, as everything that is legal is not ethical. Ethics involves learning what is right or wrong, and then doing the right thing -- but "the right thing" is not nearly as straightforward. -/- Business Ethics has the following purposes: - To give people the tools for dealing with moral complexity in business - Business decisions have an ethical component - Ethical implications must be weighed before acting -/- Corporate governance is concerned with the ownership, control and accountability of companies, and how the corporate pursuit of economic objectives relates to a number of wider ethical and societal considerations. It is the application of best management practices, compliance of law in true letter and spirit and adherence to ethical standards for effective management and distribution of wealth and discharge of social responsibility for sustainable development of all stakeholders. -/- Good Corporate Governance is key to Growing Profits and Reputation. It represents the relationship among stakeholders that is used to determine and control the strategic direction and performance of organizations. Accountability is a key element as well as requirement for corporate governance, fortifying the latter in such a way that it provides a transparent template for governing critical decisions, procedures, and activities. -/- Corporate Governance deals with the questions: (1) Who benefits from corporate decisions/senior management actions? (2) Who should benefit from corporate decisions/senior management actions? -/- There are a number of reasons why businesses should act ethically .As behavior is based on values priorities, a mutual effort at all levels to deal with corporate ethics begins with a clear understanding of core values, both individually and organizationally. -/- Good corporate governance begins with a company's own internal practices and policies. While corporate governance issues are common across organizations, each company requires governance principles that are unique in their approach. Good governance is, ultimately, the sine qua non for continued growth and prosperity. -/- Corporate governance ensures that long term strategic objectives and plans are established and that the proper management structure is in place. Companies that provide good governance, both in terms of practices and results can expect the backing not only of investors but of customers too. -/- Corporate Governance represents the moral framework, the ethical framework and the value framework under which an enterprise takes decisions. In the long run ethical behavior has a positive impact on the company's performance. -/- This paper discusses the elements of corporate governance, inter-relationship between business ethics and corporate governance with reference to some of the Indian companies over the years and their impact in this era of globalization and liberalization. (shrink)

This paper is an investigation into the metaphysics of social objects such as political borders, states, and organizations. I articulate a metaphysical puzzle concerning such objects and then propose a novel account of social objects that provides a solution to the puzzle. The basic idea behind the puzzle is that under appropriate circumstances, seemingly concrete social objects can apparently be created by acts of agreement, decree, declaration, or the like. Yet there is reason to believe that no (...) concrete object can be created in this way. The central idea of my positive account is that social objects have a normative component to them, and seemingly concrete social objects have both normative and material components. I develop this idea more rigorously using resources from the Aristotelian hylomorphic tradition. The resulting normative hylomorphic account, I argue, solves the puzzle by providing a satisfying explanation of creation-by-agreement and the like, while also avoiding the difficulties facing extant accounts of social objects. (shrink)

Upon the relation between significant, subject and history, Materialistic Discourse Analysis –theoretical and methodological framework of the present research –confronts itself perennially with the analytical material in order to understand language in the movement of the social. The theory only takes place when it is in front of the analytical procedures of a specific object, which, in this investigation, it may be identified as: the discourses about the self in the authorial composition of vlogs, YouTube videos characterized as a (...) language ritual in which the subject, as he texts (himself) in digital space, affects the stabled relations of privacy, the other and the meanings of authorship. Besides the exponent authors of discourse studies –namely Michel Pêcheux and Eni Orlandi –, the research also consulted specific works about the imbrication of different significant materialities (Suzy Lagazzi), about the contemporary functioning of the digital (Solange Gallo and Cristiane Dias), about the law from a critical-Marxist perspective (Bernard Edelman, Márcio Naves and Celso Kashiura), in addition to a materialistic background supported by Louis Althusser. Aiming to analyze the discourse(s) about the 'self' in the authorial composition of vlogs, the proceduresare driven by the question Which interpretation gestures about the 'self' are mobilized in the confluence between the significant formulation in the digital space of the vlog reading and the subject that publicizes what is represented as particular? The analytical framework is built on the support of comprehending vlogs as a place of saying that runs in digital space and is crossed by tenuous frontiers as creating equivocal ties with the social in the imbrication of symbolical and political. Mediante a relação entre significante, sujeito e história, a Análise de Discurso Materialista, aporte teórico e metodológico da pesquisa proposta, confronta-se constantemente com o material analítico para compreender a linguagem no movimento do social. A teoria somente se realiza perante os procedimentos de análise de um objeto específico, que nesta investigação é delimitado como: os discursos sobre o eu na composição autoral dos vlogs, vídeos do YouTube caracterizados como ritual de linguagem em que o sujeito, ao (se) textualizar no espaço digital, mexe com as relações estabilizadas de privacidade, com o outro e com os sentidos de autoria. Além de estudos sobre o discurso, tendo Michel Pêcheux e Eni Orlandi como expoentes da área, a pesquisa recorreu aos trabalhos específicos sobre a imbricação de diferentes materialidades significantes (Suzy Lagazzi), sobre o funcionamento contemporâneo do digital (Solange Gallo e Cristiane Dias), sobre o direito a partir de umas perspectiva crítico-marxista (Bernard Edelman, Márcio Naves e Celso Kashiura), além de um embasamento materialista ancorado em Louis Althusser. Com o objetivo de analisar o(s) discurso(s) sobre o „eu‟ na composição autoral dos vlogs, os procedimentos se guiam pela pergunta Que gestos de interpretação sobre o „eu‟ são suscitados no encontro entre a formulação significante no espaço digital de leitura do vlog e o sujeito que publiciza o que é representado como particular? O dispositivo analítico construído tem como suporte a compreensão dos vlogs como um lugar de dizer funcionando no espaço digital e atravessado por fronteiras tênues na criação de laços equívocos com o social na imbricação do simbólico com o político. (shrink)

There is growing support for the view that social categories like men and women refer to “objective types” (Haslanger 2000, 2006, 2012; Alcoff 2005). An objective type is a similarity class for which the axis of similarity is an objective rather than nominal or fictional property. Such types are independently real and causally relevant, yet their unity does not derive from an essential property. Given this tandem of features, it is not surprising why empirically-minded researchers interested in fighting oppression (...) and marginalization have found this ontological category so attractive: objective types have the ontological credentials to secure the reality (and thus political representation) of social categories, and yet they do not impose exclusionary essences that also naturalize and legitimize social inequalities. This essay argues that, from the perspective of these political goals of fighting oppression and marginalization, the category of objective types is in fact a Trojan horse; it looks like a gift, but it ends up creating trouble. I argue that objective type classifications often lack empirical adequacy, and as a result they lack political adequacy. I also provide, and in reference to the normative goals described above, several arguments for preferring a social ontology of natural kinds with historical essences. (shrink)

We present experimental evidence that people's modes of social interaction influence their construal of truth. Participants who engaged in cooperative interactions were less inclined to agree that there was an objective truth about that topic than were those who engaged in a competitive interaction. Follow-up experiments ruled out alternative explanations and indicated that the changes in objectivity are explained by argumentative mindsets: When people are in cooperative arguments, they see the truth as more subjective. These findings can help (...) inform research on moral objectivism and, more broadly, on the distinctive cognitive consequences of different types of social interaction. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order (...) to improve the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

One reason for the renewed interest in Austrian philosophy, and especially in the work of Brentano and his followers, turns on the fact that analytic philosophers have become once again interested in the traditional problems of metaphysics. It was Brentano, Husserl, and the philosophers and psychologists whom they influenced, who drew attention to the thorny problem of intentionality, the problem of giving an account of the relation between acts and objects or, more generally, between the psychological environments of cognitive subjects (...) and the different sorts of external (physical, geographical, social) environments which they inhabit. The present essay addresses this environmental version of the problem of intentionality. It draws not only on the work of Husserl and Scheler but also on the Gestalt psychological writings of Kurt Koffka and Kurt Lewin. It considers the influential subjective idealist theory of animal environments put forward by J. von Uexküll and contrasts this with a realist theory of organism-environment interaction based on the work of the ecological psychologists J. J. Gibson and Roger Barker. This realist theory is then exploited as a basis for an ontology of social objects of a range of different sorts. (This is the English original of the French translation.). (shrink)

Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help us (...) understand how we should manage risk (e.g., the risk of violating rights against wrongful conviction) and faces counterexamples of its own. I shall defend an alternative approach that builds on the strengths of these two accounts. On the approach defending here, it is objectively suitable to punish iff we know a defendant to be guilty. To determine what is consistent with procedural justice and to determine what we prospectively ought to do, we need to think about the risks we face of deviating from this objective ideal. (shrink)

According to Helen Longino, objectivity is necessarily social as it depends on critical interactions in com- munity. Justin Biddle argues that Longino’s account presupposes individuals that are completely open to any criticism; as such individuals are in principle able to criticise their beliefs on their own, Longino’s account is not really social. In the first part of my paper I argue that even for completely open individuals, criticism for maintaining objectivity is only possible in community. In (...) the second part I question Biddle’s interpretation of Longino’s conception of the individual. I conclude that objectivity as Longino describes it is necessarily social. (shrink)

This is a one page handout presenting some objections A.R. Radcliffe-Brown makes to Frazer on rites and Frazer's evolutionism.

In this paper, I argue against what I call “natural realism” about social kinds, the view according to which social categories have natural boundaries, independent of our thought. First, I draw a distinction between two different types of entity realism, one being about the existence of the entity, “ontological realism”, and the other one being about the direct mind-independence of the entity, “natural realism”. After endorsing ontological realism, I present the natural realist argument according to which there would (...) be certain social kinds, such as economic recessions and racism, even if we had no clue about their existence and nature. I claim that the argument fails insofar it mistakes the single instances for the kinds themselves. I then argue against natural realism by showing how the vagueness characterizing the boundaries of social kinds puts the realist in front of a dilemma: either she accepts the vagueness of these boundaries as ontic, a metaphysically problematic thesis, or she accepts that most or all social kinds remain unknown, an epistemologically problematic thesis. Thus, I argue that antirealism, according to which social kinds are constructed, is a better alternative to the realist account. (shrink)

In “Are Certain Knowledge Frameworks More Congenial to the Aims of Cross-Cultural Philosophy? A Qualified Yes,” Leigh Jenco responds to an article in which I had argued for a similar conclusion. I had contended roughly that the positing of objective truth combined with a fallibilist epistemology best explains why a philosopher from one culture could learn something substantial from another culture. In her response, Jenco contends that this knowledge framework does not account adequately for the intuition that various philosophical traditions (...) have an equal standing and that traditions other than one’s own are not to be considered inferior. In addition, according to Jenco, an appeal to objective truth on the part of one epistemic culture is unavoidably oppressive, or overly risks being so, with regard to another one. In this brief reply, I argue that an appeal to objective truth in the realms of epistemology and morality in fact makes the most sense of Jenco’s concerns about inegalitarianism and oppression. (shrink)

Recently, an increasing number of scholars have been showing interest in old-fashioned racism again. While recent studies on old-fashioned racism apparently increase our knowledge of this psychological theory of racism, the studies actually shed light on a different type of racism, namely offensive racism. The aim of this text is to argue that psychological theories of racism, like old-fashioned racism and modern racism, depend on societies’ social norms. I will show that questionnaires are highly sensitive to social norms, (...) and if there is change in social norms, the original measurement object alters. The theory of old-fashioned racism implicitly assumes agents that follow (or conform to) the social norm to behave prejudiced. Today, however, this social norm does not exist in Western societies. If agents express the same prejudices today, they indicate their willingness to breach the social norm to behave unprejudiced. Thereby, classic old-fashioned racism measures reflect a new kind of racism today. (shrink)

Amartya Sen argues that sectarian discord and violence are fueled by confusion about the nature of identity, including the pervasive tendency to see ourselves as members of singular social groups standing in opposition to other groups (e.g. Democrat vs. Republican, Muslim vs. Christian, etc.). Sen defends an alternative model of identity, according to which we all inevitably belong to a plurality of discrete identity groups (including ethnicities, classes, genders, races, religions, careers, hobbies, etc.) and are obligated to choose, in (...) any given context, which among our multiple affiliations to prioritize. While Sen’s model of discrete identity prioritization is a clear advance over single-factor accounts, it overlooks significant lessons about identity from over 150 years of scholarship by feminists of color. In ignoring the experiences of women of color, Sen’s model falsely assumes that identities are in-principle separable for the purposes of practical deliberation; and, in obligating individuals to make such identity-based “reasoned choices,” Sen’s model forces those with multiply marginalized identities to choose from a set of externally defined identity options, none of which sufficiently captures their experiences. (shrink)

In the approach that sustains this entire essay, besides my own trajectory as a researcher, the path moves away from the orthodox tradition, the more Kantian one, incorporating in Social Theory a philosophical line for a long time forgotten, by including figures such as Baruch Spinoza (1632-1677), the founding father, Friedrich Nietzsche (1844-1900), Alfred North Whitehead (1861-1947), Henri Bergson (1859-1941), Gilbert Simondon (1924-1989), Gilles Deleuze (1925-1995) and many others. They would be the famous authors of vitalism, also known as (...) philosophers of life (Lebensphilosophie), philosophers of process, or philosophers of affect. What are the implications when these figures invade the field of Social Theory, which characteristics can be found and, mainly, which advantages when compared with their more orthodox side and their insistent commitment to Kantian philosophy and its transcendental by-products (power, culture, ideology, discourse, etc)? Following this and other questions, six points will be considered as representative of what we call here an Object-Oriented Social Theory (O.O.S.T.). (shrink)

Racist beliefs express value judgments. According to an influential view, value judgments are subjective, and not amenable to rational adjudication. In contrast, we argue that the value judgments expressed in, for example, racist beliefs, are false and objectively so. Our account combines a naturalized, philosophical account of meaning inspired by Donald Davidson, with a prominent social-psychological theory of values pioneered by the social-psychologist Milton Rokeach. We use this interdisciplinary approach to show that, just as with beliefs expressing descriptive (...) judgments, beliefs expressing value judgments have empirical content, or can be inferentially linked to beliefs that do; the truth or falsity of that content can be objectively assigned; and that assignment is amenable to rational assessment. While versions of this objective view of value judgments have been defended by moral realists of various metaphysical stripes, our argument has the virtue of appealing, instead, to accounts that are as naturalistically informed as possible. And, unlike the influential subjective view of value judgments, and racist beliefs more particularly, our arguments are better able to account for instances where rational, persuasive strategies have been effective in reducing the ubiquity of racism in American culture. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part (...) I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were retrieved (...) with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

My goal in this paper is, to tentatively sketch and try defend some observations regarding the ontological dignity of object references, as they may be used from within in a formalized language. -/- Hence I try to explore, what properties objects are presupposed to have, in order to enter the universe of discourse of an interpreted formalized language. -/- First I review Frege′s analysis of the logical structure of truth value definite sentences of scientific colloquial language, to draw suggestions from (...) his saturated vs. unsaturated sentence components paradigm. -/- Next try investigate, in how far reference to non pure math objects might allow for a role as argument of a truth value function. Object kinds to be considered are: common sense objects, technical objects, humanities object kinds (social, psychical, ...), objects of art, ... , be they abstract, concrete, or in this respect mixed objects. -/- Then have a comment on the just referenced label abstract objects. -/- Next try to get an idea wrt the ontological significance of the fact, that pure math objects and functions in some important classical cases can be uniquely defined by means of categorical theories. Here, in the course of my argument, I have a little corollary wrt the standard model of first order Peano arithmetic, reducing the epistemological significance of the existence of the non standard models. -/- Next, wrt a special concept of a formalized empirical theory, I care for whether the impure math objects and mixed objects described here, and complying best with truth value function mapping, are also reliable candidates for the ontological commitment of such theories: and discuss an alternative, which reduces the ontological significance of the universe of discourse of the theories intended models. -/- In the end I sum up what is - from my point of view - the status quo, according to my respective findings. (shrink)

Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are (...) themselves procedural. These norms comprise what we hold are the three hallmarks of a procedural norm: second-orderness, providing reasons on how to engage with other norms, and outcome-neutrality. In this respect, morality is more like law than what one might have expected. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

This study argues for the historical existence of Jesus of Nazareth as a radical Jewish pacifist who angered both the orthodox religious establishment and those who advocated violent insurrection against the Romans. The author asserts that Jesus' views were based on belief in a non-retributive, omnibenevolent God, challenging not only the Mosaic Law but assumptions about eternal punishment and the divine sanction of the state and its retributive institutions of war and punishment. The volume also interprets Paul as being the (...) first Christian revisionist. As a result, orthodox Christianity, through the influence of Paul (and thus Augustine, Aquinas, Luther, and Calvin), has mistakenly promoted the "just war" and "divinely ordained state" doctrines in the name of a thinker whose conclusions were in the opposite direction. (shrink)

Collective deliberation is fuelled by disagreements and its epistemic value depends, inter alia, on how the participants respond to each other in disagreements. I use this accountability thesis to argue that deliberation may be valued not just instrumentally but also for its procedural features. The instrumental epistemic value of deliberation depends on whether it leads to more or less accurate beliefs among the participants. The procedural epistemic value of deliberation hinges on the relationships of mutual accountability that characterize (...) appropriately conducted deliberation. I will argue that it only comes into view from the second-person standpoint. I shall explain what the second-person standpoint in the epistemic context entails and how it compares to Stephen Darwall’s interpretation of the second-person standpoint in ethics. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

This work titled "An Ethical Overview on Cloning in Nigeria" analyzed the debate on cloning for which many scholars believe that cloning is not just ethically and morally acceptable, but beneficial in that they allow otherwise infertile couples to have children and permit the study of genetic diseases and indeed genetic development. This work examined cloning from an ethical/moral perspective and held the view that there is everything inherently wrong with the idea of human cloning. As a scientific discovery, it (...) violates the dignity, respect, and value of human life and concluded that cloning coupled with its related procedures, placed the human offspring at risk of genuine harm. Also, it is shown that Cloned offspring's run the risk of misplaced or distorted genealogy. The work relied on library materials, analysis, critical exposition, and evaluative methods to achieve its objectives. (shrink)

Several scholars have recently entertained proposals for "epistocracy," a political regime in which decision-making power is concentrated in the hands of a society's most informed and competent citizens. These proposals rest on the claim that we can expect better political outcomes if we exclude incompetent citizens from participating in political decisions because competent voters are more likely to vote "correctly" than incompetent voters. We develop what we call the objection from selection bias to epistocracy: a procedure that selects voters on (...) the basis of their observed competence---as epistocracy does---will often be "biased" in the sense that competent voters will be, on average, more likely than incompetent voters to possess certain attributes that reduce the probability of voting correctly. Our objection generalizes the "demographic objection" discussed in previous literature, showing that the range of realistic scenarios in which epistocracy is vulnerable to selection bias is substantially broader than previous discussions appreciate. Our discussion also shows that previous discussions have obscured the force of the threat of selection bias. Since we lack reasons to believe that epistocratic proposals can avoid selection bias, we have no reason to seriously entertain epistocracy as a practical proposal. (shrink)

Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely weak and, if (...) taken seriously, lead to consequences that we would not (and should not) accept. I then propose that the best philosophical argument that defenders of conscientious objection in medicine can consistently deploy is one that appeals to (some form of) either moral relativism or subjectivism. I suggest that, unless either moral relativism or subjectivism is a valid theory—which is exactly what many defenders of conscientious objection (as well as many others) do not think—the role of moral integrity and conscientious objection in health care should be significantly downplayed and left out of the range of ethically relevant considerations. (shrink)

This article focuses on epistemic challenges related to the democratisation of scientific knowledge production, and to the limitations of current social accounts of objectivity. A process of ’democratisation’ can be observed in many scientific and academic fields today. Collaboration with extra-academic agents and the use of extra-academic expertise and knowledge has become common, and researchers are interested in promoting socially inclusive research practices. As this development is particularly prevalent in policy-relevant research, it is important that the new, more (...) democratic forms of research be objective. In social accounts of objectivity only epistemic communities are taken to be able to produce objective knowledge, or the entity whose objectivity is to be assessed is precisely such a community. As I argue, these accounts do not allow for situations where it is not easy to identify the relevant epistemic community. Democratisation of scientific knowledge production can lead to such situations. As an example, I discuss attempts to link indigenous oral traditions to floods and tsunamis that happened hundreds or even thousands of years ago. (shrink)