In the opinion of many Slovenian and Croatian scholars, the constitutional and legislative design of citizen-initiated referendums in their respective countries was in many ways flawed. Referendums initiated by citizens have caused, at least from the point of view of governments in these two countries, many unexpected constitutional, political and/or economic problems. Over the years, several unsuccessful constitutional reforms of the institute of referendum have been attempted both in Slovenia and Croatia. In 2013, Slovenia finally attained its (...) ‘constitutional moment’ in which it was possible to reach an almost universal consensus in the National Assembly on constitutionally redesigning the legislative referendum. On the other hand, several attempts by the Croatian Parliament to amend the constitutional provision relating to citizens’ initiatives have come to nothing due to the interests of the major parties in the constitutional amendment process being different. (shrink)

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with (...) the principle of intergenerational justice. Recurring constitutional reform commissions in fixed time intervals would give each generation of citizens a say without leaning too much to the side of flexibility. (shrink)

The elections and political parties are necessary ingredients of democratic governance. Elections are a necessary condition of representative democracy. In representative democracy citizens participate in politics primarily by choosing political authorities in competitive elections. Elections, hence, are a necessary and crucial instrument to make democracy work. In India, free and fair elections are held at regular intervals as per guidelines of the constitution and the Election Commission. To make them free of flaws it is essential to reform them from (...) time to time. Electoral reform means introducing fair electoral systems for conducting fair elections. It also rejuvenates the existing systems to enhance and increase the efficiency of the same. Following the demands of electoral reforms several committees were being set up. Some of the measures like reduction of voting age and anti defection law are appreciable but there are other vital areas in election field completely neglected. This paper will evaluate about different attempts made for electoral reforms in India. Different challenges before the Election Commission are also been discussed, also how it can be made effective as suggested by Commission in India will be presented. A comparative analysis with other democratic countries like U.S.A and U.K. is added to it. (shrink)

The experience of Costa Rica highlights the potential for conflicts between the right to health and fair priority setting. For example, one study found that most favorable rulings by the Costa Rican constitutional court concerning claims for medications under the right to health were either for experimental treatments or for medicines that should have low priority based on health gain per unit of expenditure and severity of disease. In order to better align rulings with priority setting criteria, in 2014, (...) the court initiated a reform in its assessment of claims for medicine. This paper assesses this reform’s impact on the fairness of resource allocation. It finds three effects. First, a reduction in successful claims for experimental medication, which is beneficial. Second, an increase in the success rate of medication lawsuits, which is detrimental because most claims are for extremely cost-ineffective medications. Third, a decline in the number of claims for medicine, which is beneficial because it forestalls such low-priority spending. This paper estimates that, taking all three effects into account, the reform has had a modest net positive impact on overall resource allocation. However, it also argues that there is a need for further reforms to lower the number of claims to low-priority medicines that are granted. (shrink)

In the present paper I address two significant and prevalent errors concerning to natural theology within the Reformed theological tradition. First, contrary to Alvin Plantinga, I argue that the idea of properly basic theistic belief has not motivated or otherwise grounded opposition to natural theology within the Reformed tradition. There is, in fact, a Reformed endorsement of natural theology grounded in the notion that theistic belief can be properly basic. Secondly, I argue that late nineteenth- and twentieth-century Reformed criticisms of (...) natural theology do not constitute an objection to natural theology as such but rather an objection to natural theology construed in a particular way. I explore the nature of this objection and its compatibility with an alternative understanding of natural theology. (shrink)

Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously reforming philosophizing (...) by transcendental reduction is revisited, leaving the latter incomplete as new conversions are required by noetic-noematic correlations between world and consciousness. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...) other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...) their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

This study presents the Accra Confession as a theological response to the ecological crisis from a Reformed perspective while also addressing its critical weakness, namely the problem of universality in both Reformed ecclesiology and global approaches to ecological destruction. Because of a fragile universality, both Reformed churches and global institutions find it difficult to agree on a concrete plan to address climate change. Theologically, this difficulty arrives not primarily from disagreement with the existence or causes of climate change but how (...) Christian theological values translate concretely to acts of justice. This study proposes a way to ground these discussions on the concept of dangerous memory by resourcing the theology of Johann Baptist Metz. Dangerous memories allow stories of the suffering vanquished to be constitutive to the construction of caritas, which in turn serves as a suitable theological foundation for addressing differing approaches to engaging climate issues. Reading the Accra Confession as dangerous memory, then, provides a valuable resource to the Reformed community by allowing the testimonies of those affected adversely by climate change to substantially inform theological discourses on climate justice. (shrink)

Conservadurismo y dogmática constitucional en Japón. Conservatism and the dogmatic part of constitution in Japan.

The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology enables access (...) to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern. In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge. (shrink)

The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...) Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)

This article constitutes a contribution to the critique of the political economy of contemporary higher education. Its notes form, intended to open "windows" on the thorny issue of metrics permeating academia on both the local/national and global levels, facilitates a conceptualization of the academic law of value as a mechanism responsible for regulating the tempo and speed of academic labor in a higher education system subsumed under capital. First, it begins with a presentation of the Marxist approach to acceleration and (...) measure. Second, it presents the academic law of value as a socially necessary impact/time. Third, it conceptualizes a figure of capital that operates in the contemporary global higher education system. Fourth, it describes the conditions of operation of merchant capital within higher education and explores the close links of global university rankings, metadata providers, and the academic publishing industry. As a fifth and final point, the analysis turns to Central Eastern Europe and the case study of Poland to demonstrate that, to function properly, the academic law of value needs to be imposed by political means, that is, through policy reforms that establish and legitimize the sets of parameters and criteria for the evaluation of academic labor. In conclusion, the argument suggests that the domination of merchant capital over academic labor, resulting in the latter's ongoing and uncontrolled acceleration, cannot be overcome without addressing not so much the issue of private property but, first and foremost, the politically and socially defined metrics. (shrink)

On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no (...) change in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

In recent years, Islamic feminism has become a prevalent and controversial topic among scholars from Muslim countries and Western feminists. While respecting the efforts of Muslim activists, this paper argues that because Islamic perspective is inherently anti-pluralist, it is not conducive to feminism and even at odds with it. Since it is impossible to make any generalizations about Muslim countries, this paper focuses on the debate of Islam and feminism as it relates to Iran. Islamic laws that are the ground (...) for constitutions in many Muslim countries treat men and women unequally. In countries with a theocracy, Islam becomes a political system where the power of the ruling elite, which are the clerics, becomes an important obstacle on the way of reforms. As a worldview, Islam provides a fixed identity of women and men that is irreconcilable with any liberating theory. The significance of this discussion lies in the potential of celebration of “Islamic feminism” for reinforcing the fusion of religion and politics in a country such as Iran, which has a religious state. (shrink)

PREFACE WORD The Tanzimat period, which was the starting point of reform movements in many areas such as social, political, economic, military, etc., in which steps were taken towards Westernization, is considered to be an important milestone in drawing the fate of the Ottoman Empire. In this longest century of the empire, when many things were rushed, education partially received its share of change and reform. However, since the field of education was under the control of religious institutions (...) such as the Şeyhülislâmlık and the Nezâresi Evkâf-ı Hümâyun, the changes and reforms in this field remained limited. Regarding philosophy, which is the subject of our study, we can say in advance that philosophical movements in the West, the ideas of philosophers and philosophical education in the Western sense began to enter our country in the post-Tanzimat period. It is noteworthy that during this period when the Ottoman Empire became acquainted with Western philosophy, philosophy in the West experienced a period of crisis. In the period preceding this acquaintance, philosophy education in our country was carried out in a style loyal to the tradition of Islamic philosophy, and the break in this tradition occurred with the Tanzimat. One of the most widely debated issues from the Tanzimat to the present day has been whether or not a philosophical tradition unique to us can be established. Issues such as whether a philosophy built on our own culture and values can provide us with the opportunity to raise philosophers who are considered philosophers in the Western sense, and the level of competence and proficiency of Turkish in terms of creating a philosophical language on the way to realizing this opportunity, and efforts to establish a deep-rooted tradition continue to stand before us. In this study, from a holistic perspective, the changes in philosophical paradigms in certain periods from Tanzimat to the present day have been tried to be determined chronologically and problematically. The fact that the movements that emerged with Tanzimat were broken in certain periods, such as 1915, 1933 and 1960, and left their place to different movements, and the changes in our country in parallel with the change in the perception of philosophy in the world have been tried to be revealed in this study, and as a result of the study, results that have not been expressed so far have been reached. Again, whether the perception of philosophy has changed in society along with the change in philosophy in higher education is among the topics investigated in this study. For example, the fact that professors such as Mehmet İzzet, Niyazi Berkes and Necati Öner, who studied philosophy, regretfully admitted that it was embarrassing to say "I am studying philosophy", and instead took refuge in evasive answers such as "I am studying at the Faculty of Literature, I am studying at the Faculty of Language and History", clearly shows how the difficulty of doing philosophy in Turkey is at a high level with these prejudices. From the times when philosophy was identified with irreligion and atheism, and philosophers were seen as useless people who only criticized and did not produce solutions, to the present situation, the paths taken and the obstacles overcome make us hopeful for the bright future of philosophy in Turkey. In the Dârülfünun, which was de facto established in 1863 and opened and closed many times, philosophy courses were able to find a wide place in the curriculum after 1900 and especially after 1916. However, the contribution of philosophy courses and departments, which have been a significant part of the academy since 1916 both as a field of research and education, to the establishment and development of the longed-for original philosophical thought is currently the subject of a separate discussion. Indeed, philosophy departments have never escaped the criticism that they teach Western thought, transfer Western intellectual currents, ignore social values, and provide an exclusively Western and unproductive education. Our study, which deals with the processes of change and transition in philosophy education in Turkey and the debates on these processes, consists of three chapters and three appendices. In the first part, the studies in the field of philosophy from Tanzimat to the Republic are discussed theoretically and a general framework is tried to be drawn about the establishment of philosophy in Turkey. The topics covered in this section are mainly philosophy education until the establishment of the first university in 1863 under the name Dârülfünun and its closure and reopening in 1900 under the name Dârülfünun-ı Şâhâne. As is known, after a long period of trial and error, Dârülfünun was reformed under the name "Dârülfünun-ı Osmânî" in 1908 during the Second Constitutional Monarchy. Reforms in the field of education continued unabated, and with the university reforms in 1915 and 1933, philosophy departments also underwent significant change and transformation. Especially German faculty members, who were influential in these reforms, played an active role in the restructuring of the philosophy department. Apart from universities, philosophical activities were also carried out in non-governmental organizations, newspapers and journals. In particular, the philosophers who tried to become an association under the name of the Turkish Philosophical Society are today actively working under the name of the Philosophical Society of Turkey and the Turkish Philosophical Association. In this part of our study, in addition to these issues, the philosophers of the Republican period, which we have identified as four generations, and their philosophical attitudes and behaviors are evaluated together with the aspects reflected and not reflected in their works, and the interaction between the similarities and differences between the general characteristics of the generations and the philosophical atmosphere in the country is tried to be analyzed. The similarities and differences between the generations are analyzed since they are the main factors that determine and govern the course of philosophy in Turkey. The second chapter is devoted to "Philosophical Disciplines in Purgatory in the Republican Era". In this section, the disciplines of history of science, logic, Islamic philosophy and philosophy of religion, which we characterize as disciplines in limbo because their place in philosophy departments has always been controversial, are analyzed. In the third and final chapter, under the title "Philosophical Problems and Movements in the Republican Era", the problem of establishing the practical implications of the philosophical issues discussed in the first two chapters on the theoretical level, the question of whether Turkish can be the language of philosophy, Western philosophical movements in Turkey and their representatives are discussed. This chapter concludes with the main purpose of the study, which is to discuss the problems of philosophy in Turkey, suggestions for solutions and future perspectives. We have tried to enrich our research with three appendices that are considered to be complementary to these three chapters. The first appendix contains interviews with twelve senior professors who retired after teaching philosophy in Turkey for many years. These senior professors were asked questions about the changes in the view of philosophy in Turkey, philosophy education in higher education, their perceptions of philosophy, etc., and an important historical note was made with their answers based on their experiences. In this respect, we believe that these interviews will serve as an important source and reference for future generations and the social sciences community. Although the speeches of these professors contain many important discourses, messages and references, we have chosen one motto phrase to carry in the title. On this occasion, we would like to express our gratitude to our esteemed professors for sharing their vast knowledge and experience in the field of philosophy with us. In the second appendix, the short life stories and works of about a hundred professors in the field of philosophy in the Republican period are included. Although this information is sometimes easily obtained through the internet, biographical books or the works of the professors themselves, sometimes, after a very long and laborious work, original information has been reached, which is expressed for the first time in this study. Sometimes the capture of a very small detail required great efforts. In the third and final appendix, the names and periods of the senior philosophers of the Republican period are listed chronologically. (shrink)

Sometimes people posit "beliefs" to explain mundane instrumental actions (e.g., Neil believes the switch is connected to the light, so he flipped the switch to illuminate the room). Sometimes people posit "beliefs" to explain group affiliation or identity (e.g., in order to belong to the Christian Reformed Church Neil must believe that God is triune). If we set aside the commonality of the word "belief," we can pose a crucial question: Is the cognitive attitude typically involved in the first "light (...) switch" sort of case the same as the cognitive attitude typically involved in the second "Trinity" sort of case? Or: Is mundanely believing the same cognitive relation as groupishly believing? In this essay, I argue that the answer is no. Mundane Beliefs play their instrumental roles well if they are true, and their manner of processing is accordingly sensitive to evidence. Groupish Beliefs play their identity-constituting roles well if they are distinctive, and their manners of processing accordingly allow for and often support distortions of evidence and truth. The manners of processing are thus so different that--despite the common word "belief"--philosophy of mind and epistemology would do well to recognize distinct cognitive attitudes. (shrink)

In this paper, I argue for the necessity of including what I call “categorical norms” in Thomas Aquinas’s account of the ground of obligation (normativity theory) by drawing on the value phenomenology of Dietrich von Hildebrand. A categorical norm is one conceptually irreducible to any non-normative concept and which obligates us irrespective of pre-existing aims, goals, or desires. I show that Thomistic normativity theory on any plausible reading of Aquinas lacks categorical norms and then raise two serious objections which constitute (...) master arguments against it. The upshot is that this theory requires reform. I end by proposing work remaining for such reform, namely, an expansion of the Thomistic metaphysic and anthropology. (shrink)

Rejecting or reforming anthropocentrism for the sake of human survival is a central moral challenge in our time. The rejection of anthropocentrism relies on the view that anthropocentrism has pervasively constituted the historical character of humankind and must be replaced in the future as understood by historical theory. This critique arises from new realist ontologies, including neo-materialisms and object-oriented ontology. Their rigid rejection of anthropocentrism requires the view of history and sociality proposed by proponents of object-oriented ontology. It is based (...) on a specialized form of the totalized logic of identity, the concept of antitypy; and by careful examination this is found to be inadequate. The consequence is that rigid rejection of anthropocentrism from any ontologically realist point of view must therefore fail because it is necessarily based on a logic that must be rejected. A better approach relies on the necessity of relatedness in moral and social thought. (shrink)

Meritocracy claims to reward the meritorious with more resources, thereby achieving social efficiency and justice in a level playground. This article argues that the rise of meritocracy in a society is the institutional consequence of adopting progressive humanism, an ideal-type worldview that advocates the harmonious co-realization of individual achievement and social contribution. However, meritocracy is a self-defeating illusion because, even in a level playground, it only rewards conspicuous and wasteful display of ‘merit’ rather than genuine contributions to society. Similar to (...) the promise of an afterlife to Catholicism, the illusion of meritocracy constitutes an indispensable theodicy to progressive humanism. For societies holding such worldviews, meritocracy is a necessary illusion that cannot be dispelled by institutional reforms or political movements. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory of (...) second best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

This paper argues that the concept and role of ‘institutional racism’ in contemporary discussions of race should be reconsidered. It starts by distinguishing between ‘intrinsic institutional racism’, which holds that institutions are racist in virtue of their constitutive features, and ‘extrinsic institutional racism’, which holds that institutions are racist in virtue of their negative effects. It accepts intrinsic institutional racism, but argues that a ‘disparate impact’ conception of extrinsic conception faces a number of objections, the most serious being that it (...) has no plausible account of what it is that makes extrinsically racist institutions racist. It also argues that claims about the explanatory indispensability of institutional racism are overstated (individual racism is at least as important), critiques structural approaches to racial inequality, and suggests that there is reason to doubt whether institutional reform can provide us with all that morality may require in the racial domain. (shrink)

The Second World War and its associated political events of a national and global scale brought new circumstances, which was considerably influenced the development processes of Tehran. During World War II, Iran hoped that Washington would keep Britain and the Soviet Union from seizing control of the country’s oil fields. In 1951 and 1952 Truman worked with Iranian Prime Minister, though unsuccessfully, to regain some of those lost oil rights for Iran. By the late 1950s and President Kennedy’s presidency, he (...) used aid as leverage for social reform. During the early years of 1960s, the Kennedy Administration was urging its allies in the third world to carry out necessary reforms in order to prevent popular discontent and enhance the dominant ideology of ‘modernism’. In 1968, a major piece of legislation, the Urban Development and Renewal Act, enabled the municipality to implement Tehran’s Comprehensive Plan (TCP 1968), which integrated all the elements of a 1960s’ American city such as the separation of functions, highways, suburbs, shopping centers and housing area. The export of these American cities principles can only be understood from the background of the Cold War period, in which the east and west were both competing for cultural colonization of Middle Eastern strategically important cities like Tehran. During this period, the new developments supported by the oil boom of 1970s, were built in different forms to constitute an expanding metropolis. In 1974, the second “International Congress of Architecture” with the theme of “Toward a Quality of Life” held at Persepolis and brought together all leading world architects and planners to review Iran’s progress in its professional response to the challenges posed by increasing oil revenues. This research aims to represent the export of planning as a political means of cultural colonization of the Third World during the cold war period. (shrink)

The Council of Trent and the Second Vatican Council are significant both to Lutheranism and Science. The first inaugurated the Counter Reformation and formulated a decree related to biblical hermeneutics later used as a basis for Galileo's condemnation. The second modernized the Roman Catholic Church and formulated the Pastoral Constitution Gaudium et spes used by Pope John Paul II as a basis for the reconsideration of the condemnation. In both cases, however, the Church of Rome may not have followed the (...) spirit of its councils. In the 17th century it condemned Galileo following a radical interpretation of the teaching of Trent, that of Cardinal Robert Bellarmine. Recently it reconsidered the ‚Affair’ unsatisfactorily probably because Gaudium et spes encouragement of science clashes with the possibility that Saint Bellarmine misinterpreted the Trent decree. (shrink)

How does precarious work entail social vulnerabilities and moral complicities? Theorists of precarity pose two challenges for analysing labour conditions in Asia. Their first challenge is to distinguish the new kinds of social vulnerability which constitute precarious work. The second is to assign moral responsibility in the social network that produces vulnerability in depoliticised and morally detached ways. In this article, the social and normative dimensions of precarious work are connected through a conceptual investigation into how Singapore allocates responsibility for (...) managing temporary migrant labour. First, it analyses how various management strategies, driven by globalisation and government deregulation, increase worker vulnerabilities. These strategies intensify relations of dependence, disempowerment and discrimination, which the workers may accommodate or resist in limited ways. Second, it assesses why the strategies leave the state, employers, agents and others complicit in producing the vulnerabilities. These actors enable, collaborate with, or condone the production of precarity. Their complicity is complicated by varying support or resistance to reforms. The result is a novel conceptual scheme for analysing the complicit network behind precarious work, which can be used in other sites of precarity where some are complicit in the vulnerability of others. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...) the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

The main goal of this thesis is to provide a clear basis for the analysis of alternative currencies, such as Bitcoin, LETS, Local currencies, the WIR or Carbon currencies. It attempts to determine whether alternative currencies might constitute just and workable alternatives, either in the form of small-scale experiments or in the form of more radical reforms. The first chapter proposes a new way to classify currencies. The second examines the case in favour of monetary plurality. The third analyses the (...) claims in favour of restricting the use of money locally, within a community, or to certain goods. The fourth studies the link between money and the market. Finally, a post-scriptum focuses on Bitcoin and cryptocurrencies. This thesis highlights that these currencies are drivers of several potential conflicts. Their widespread use might conflict with the adequate management of monetary policy, with social justice, and with liberal values. These conflicts are potential, for they would come into existence only if alternative currencies increased in scope. However, there is no reason to disregard potential conflicts when the case in their favour relies mostly on their potential benefits. (shrink)

Gravitation is interpreted to be an “ontomathematical” force or interaction rather than an only physical one. That approach restores Newton’s original design of universal gravitation in the framework of “The Mathematical Principles of Natural Philosophy”, which allows for Einstein’s special and general relativity to be also reinterpreted ontomathematically. The entanglement theory of quantum gravitation is inherently involved also ontomathematically by virtue of the consideration of the qubit Hilbert space after entanglement as the Fourier counterpart of pseudo-Riemannian space. Gravitation can be (...) also interpreted as purely mathematical or logical “force” or “interaction” as a corollary from its ontomathematical (rather than physical) realization. The ontomathematical approach to gravitation is implicit in general relativity equating it to operators in pseudo-Riemannian space obeying the Einstein field equation and also well-known by the “geometrization of physics”. Quantum mechanics shares the same by the separable complex Hilbert space and defining “physical quantity” by the Hermitian operators on it. One can interpret special Minkowski space involved by special relativity and the qubit Hilbert space of quantum information as Fourier counterparts immediately noticing that general relativity means gravitation as the Fourier counterpart of non-Hermitian operators implying non-unitarity and the violation of energy conservation and thus destroying Pauli’s particle paradigm. Since the Standard model obeys it, this explains the impossibility of “quantum gravitation” in any framework conservatively generalizing the Standard model so that it would include gravitation along with electromagnetic, weak, and strong interactions. Einstein’s geometrization of gravitation can be continued into a purely mathematical theory of it following Euclid’s realization for geometry to be exhaustively built in a deductive and axiomatic way as well as Riemann’s parametrization of all the class of Euclidean and non-Euclidean geometries by “space curvature”, then being generalized to Minkowski space as the operators on pseudo-Riemannian space as the Einstein field equation means gravitation. The transition from mathematical gravitation to logical one can rely on the historical lesson of the pair of Lobachevski’s and Riemann’s approaches now “reversely”, i.e., from the latter to the former. Logical gravitation is linkable to Hegel’s dialectical logic and ontological dialectics abandoning their interpretations as a new zero logic substituting classical propionyl logic. The approach of ontomathematics generalizing that of ontology, traceable even to Aristotle’s reformation of Plato’s doctrine, needs Hegel’s doctrine to be formalized as a first-order logic naturally containing Boolean algebra, isomorphic to both classical propositional logic and set theory being the class of all first-order logics, as a sub-logic along with Peano arithmetic as another sub-logic. The first-order logic at issue is called Hilbert arithmetic and elaborated in detail in other papers. It allows for both self-foundation of mathematics to be internally proved as complete and furthermore, quantum mechanics reinterpreted as quantum information to be included by the qubit Hilbert space interpretable in turn as a dual and physical counterpart of Hilbert arithmetic in a narrow sense, that is, both counterparts constitute Hilbert arithmetic in a wide sense, being mathematical and physical simultaneously and thus overcoming the Cartesian dualism of “body” gapped from “mind” by an abyss. Then, the proper philosophical interpretation of gravitation to be the fundamental ontomathematical force or interaction overcomes the ridiculous belief of the Big Bang wrongly alleged to be a scientific theory. Ontomathematical gravitation suggests an omnipresent and omnitemporal medium of “God’s” creation “ex nihilo” following only the natural necessity of quantum-information conservation particularly and locally manifested as energy conservation. (shrink)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates. (...) -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

The Stoics are famously committed to the thesis that only bodies are, and for this reason they are rightly called “corporealists.” They are also famously compared to Plato’s earthborn Giants in the Sophist, and rightly so given their steadfast commitment to body as being. But the Stoics also notoriously turn the tables on Plato and coopt his “dunamis proposal” that being is whatever can act or be acted upon to underwrite their commitment to body rather than shrink from it as (...) the Giants do. The substance of Stoic corporealism, however, has not been fully appreciated. This paper argues that Stoic corporealism goes beyond the dunamis proposal, which is simply an ontological criterion for being, to the metaphysics of body. This involves, first, an account of body as metaphysically simple and hence fundamental; second, an account of body as malleable and continuous, hence fit for blending (krasis di’ holou) and composition. In addition, the metaphysics of body involves a distinction between this composition relation seen in the cosmology, and the constitution relation by which the four-fold schema called the Stoic Categories proceeds, e.g. the relation between a statue and its clay, or a fist and its underlying hand. It has not been appreciated that the cosmology and the Categories are distinct — and complementary — explanatory enterprises, the one accounting for generation and unity, the other taking those individuals once generated, and giving a mereological analysis of their identity and persistence conditions, kinds, and qualities. The result is an elegant division of Plato’s labor from the Battle of Gods and Giants. On the one hand, the Stoics rehabilitate the crude cosmology of the Presocratics to deliver generation and unity in completely corporeal terms, and that work is found in their Physics. On the other hand, they reform the Giants and “dare to corporealize,” delivering all manner of predication (from identity to the virtues), and that work is found in Stoic Logic. Recognizing the distinctness of these explanatory enterprises helps dissolve scholarly puzzles, and harmonizes the Stoics with themselves. (shrink)

What do we talk about when we talk about ethical diversity as a challenge to the normative justifiability of liberal democracy? Many theorists claim that liberal democracy ought to be reformed or rejected for not being sufficiently ‘inclusive’ towards diversity; others argue that, on the contrary, liberalism is desirable because it accommodates (some level of) diversity. Moreover, it has been argued that concern for diversity should lead us to favour (say) neutralistic over perfectionist, universalistic over particularistic, participative over representative versions (...) of liberal democracy. This paper provides a conceptual framework to situate those debates, and argues that there are two fundamental ways in which diversity constitutes a challenge to the justificatory status of liberal democracy: consistency (whereby diversity causes clashes between the prescriptions generated by normative political theories), and adequacy (whereby diversity generates a rift between our experience of what is considered valuable and what the theory treats as such). (shrink)

In Thomas More’s Utopia, the character of Raphael Hythloday bestows upon the islanders of Utopia a library of Greek authors that includes Herodotus (alongside more traditional political thinkers such as Plato, Aristotle, and Thucydides). Herodotus’ inclusion on the Utopian reading list invites the question of whether his Histories is in any sense a work in utopian political theory. Although Herodotus is sometimes excluded from the canon of the Histories of political thought because of his lack of interest in political constitutions, (...) I argue: That Herodotus (like More) should be categorized as a political thinker because of his focus on political and social customs rather than constitutional arrangements. That Herodotus (similar to More) uses the otherness of political and social customs in distant societies as an opportunity to theorize and evaluate political institutions. And that Herodotus (like More) is a utopian political thinker in his evaluation of superlatively good political institutions and his embrace of incremental political reform. (shrink)

If we accept the 7th letter as authentic and reliable, a matter that we will not be addressing in this paper, the text that we have in front of us is “an extraordinary autobiographic document”, an autobiography where the “I” as a subject becomes “I” as an object, according to Brisson. The objective of the paper is to examine how we could approach and interpret the excerpt from Plato’s 7th letter regarding the Doric way of life (Δωριστὶ ζῆν). According to (...) Plato, the Sicilian life (Σικελικὸν βίον) that was allegedly a blissful life (βίος εὐδαίμων) would never allow anyone to become virtuous with all these excesses on behalf of the appetitive part of the soul (ἐπιθυμητικόν). In contrast to this specific type of life that is presented as prevalent in the 7th Letter, only Dion used to live virtuously above pleasure and luxury. The “therapy” for this φλεγμαίνουσαν πόλιν of Syracuse is the return to Δωριστὶ ζῆν κατὰ τὰ πάτρια, the return to the Doric way of the forefathers. The phrase Δωριστὶ ζῆν in its context in the 7th Letter is an important one, because it probably shows the significance of adopting the Doric way of life, in order to create the appropriate conditions for a political reform. Examining the guardians who are the ἄριστοι of the ideal city, a class that constitutes the platonic idea of aristocracy in the Republic, we can understand that they receive many important traits from the Doric ideal (especially the educational program). Combining the concept of Δωριστὶ ζῆν with the Doric ideal, we suggest that the Doric model is quite important for the Athenian philosopher functioning as the cornerstone of reform. (shrink)

My chapter explores Aristotle’s account of classical Greek democracy in three parts. The first part examines the notion of democracy “taxonomically,” namely as a kind of political organization that admits of a number of normatively ranked “species.” The second part provides an overview of Aristotle’s historical remarks on Athenian democracy and a more focused analysis of his account of the political reforms that Solon introduced to Athens in the early 6th C., a form of political organization that Aristotle characterizes as (...) the “ancestral democracy” (δημοκρατίαν τὴν πάτριον [Pol 2.12.1273b38]). I argue that Aristotle judges Solon’s moderating political reforms—specifically, assigning to the δῆμος or “the people” the roles of electing and auditing (εὐθύναι) magistrates—as a pre-eminent solution to the problem of democratic participation. Finally, in the third part of my chapter I examine Aristotle’s evaluation of democracy, especially “democratic justice”, and the overlapping ways that he evaluates constitution-types. My analysis of Aristotle’s evaluation of justice claims that the features of moderate democracy and polity are very similar to those of the Solonian constitution, which further supports my claim that Aristotle views Solon as the pre-eminent democratic theorist of ancient Greece. (shrink)

The extended mind thesis claims that some mental states and cognitive processes extend onto the environment. Items external to the organism or exploratory actions may constitute in part mental states and cognitive processes. In Clark and Chalmers’ original paper, ‘The Extended Mind’, this thesis receives support from the parity principle and from the active externalism. In their paper, more emphasis is given to the parity principle, which is presented as neutral regarding the nature of cognition. It would be advantageous to (...) maintain that extended mental states and processes do not require a reform of our pre-theoretical view of cognition. In the present paper, I submit that we should give more emphasis on the active externalism, which, I argue, is not neutral regarding the nature of cognition. Cognition is viewed as successful adaptation to a specific task. Although this move may seem at first disadvantageous, it is necessary for the correct understanding and justification of Otto case as an example of extended mental state. Additionally, the parity principle cannot handle Weiskopf’s criticism that information registered in Otto’s notebook is not responsive to reasons. In order to address this criticism, we need to appeal to active externalism and its corresponding view of cognition. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

SUMMARYThis article investigates the context of a side line in Leibniz's critique of Locke on maxims. In an enigmatic and little-explored remark, Leibniz objects that Locke has overlooked some legal maxims that fulfil the function of ‘constituting the law’. I propose to read this remark against the background of the divergence between conceptions of legal maxims in the common law tradition and conceptions of legal maxims in the Roman law tradition. In a few remarks, Locke seems to echo the common (...) law emphasis on customs and conventions expressed by legal maxims. According to such a conception, reason would mainly fulfil the function of subsuming particular norms under more general conventional norms. By contrast, Leibniz uses the Roman law idea that some ‘rules of law’ express demands of natural reason and, thereby, express principles constitutive of natural law. This is why he proposes to reform vague and confused ‘brocards’ used by jurists in order to identify sound maxims that provide a natural-law foundation for legal institutions. (shrink)

The main goal of this thesis is to provide a clear basis for the analysis of alternative currencies, such as Bitcoin, LETS, Local currencies, the WIR or Carbon currencies. It attempts to determine whether alternative currencies might constitute just and workable alternatives, either in the form of small-scale experiments or in the form of more radical reforms. The first chapter proposes a new way to classify currencies. The second examines the case in favour of monetary plurality. The third analyses the (...) claims in favour of restricting the use of money locally, within a community, or to certain goods. The fourth studies the link between money and the market. Finally, a post-scriptum focuses on Bitcoin and cryptocurrencies. This thesis highlights that these currencies are drivers of several potential conflicts. Their widespread use might conflict with the adequate management of monetary policy, with social justice, and with liberal values. These conflicts are potential, for they would come into existence only if alternative currencies increased in scope. However, there is no reason to disregard potential conflicts when the case in their favour relies mostly on their potential benefits. (shrink)

While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of (...) his time, Hegel was committed to expand the scope of a free economy and concurrently to ensure that the social practice of subjective freedom did not endanger political stability and order. Aware that a system of mutual advantage failed to integrate the members of civil society and that profound social disharmonies were ineradicable, Hegel adopted the views of the French liberal _doctrinaires_, who sought to realize the principles of the French Revolution by supporting Louis XVIII’s sovereign assertion of the monarchical principle. Not surprisingly, Hegel hailed the French _Charte_ of June 1814 as a beacon of freedom. Endorsement of the monarchical principle was meant to prevent the atomized individuals of civil society from gaining control of the state through appeals to popular sovereignty. This challenges most conventional interpretations of Hegel’s theory of the state and draws it closer to the conservative-authoritarian end of the political spectrum than is usual. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This paper investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onwards voluntary contractarian defenses of non-democratic government and even slavery—all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the consent of the governed” and (...) slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, e.g., the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the Reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most-delegation dictum would also rule out the employer-employee or human rental contract which is a contract of alienation “within the scope of the employment.”. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may not be fully consensual (...) but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

This Open Access volume is based on the 'Early Carnap in Context’ workshop that took place in Konstanz in 2017 and looks at Rudolf Carnap’s philosophy, documented in his recently released diaries, from a combination of historical, cultural and philosophical perspectives. It enables further evaluation of the diaries and traces newly found interrelationships and their systematic definition. From a cultural and historical point of view, Logical Empiricism and Carnap’s pivotal opus, The Logical Structure of the World, did not evolve in (...) a vacuum. This applies equally in a history of philosophy context as well as under consideration of contemporary historical and cultural influences such as the socio-cultural setting in Vienna and Prague, the correlation between Logical Empiricism and Bauhaus modernism, the connection to the Life Reform Movement or the Youth Movement with its own life philosophy. Pursuing Carnap’s progression on a micro level of history and referring the results back to Carnap’s philosophy is now facilitated by recent access to his Diaries from 1908–1935. These shorthand records, reading lists, travel reports and notes constitute a valuable source for the research of networks and social movements which left their mark on him. (shrink)

It is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, relinquishes some progressive stances and retreats to conservative positions. According to several interpreters, this is especially evident from Kant’s discussion of moral progress and public use of reason. Kant avers that moral progress can only occur through state-sanctioned education “from top to bottom” and entrusts the emergence of a state endowed with the relevant resolution and ability to “a wisdom from above” (7:92-93). According to numerous (...) interpreters, this call for state intervention and the accompanying surrender to a superhuman wisdom manifest Kant’s retreat from initially republican to later conservative positions. In Kant’s previous writings, the notion of public use of reason indicates the unrestricted freedom to communicate one’s thoughts, provided that the communication does not take place in the exercise of one’s function as a state official, and potentially encompasses all adult men. Instead, in The Conflict of the Faculties, Kant contrasts university professors’ freedom to make public use of their reason with the other public officials’ obligation “to uphold whatever […] the crown sanctions for them to expound publicly” (07:08). Thus, according to several scholars, Kant ends up disenfranchising the vast majority of people from the public use of reason and adjusting an emancipatory notion to the absolutist conception of speech and civil service. On my reading, with The Conflict of the Faculties, Kant neither retreats to conservative positions nor softens any progressive tenets of critical philosophy. On the contrary, I intend to show that a) the project of a state-sanctioned education constitutes Kant’s republican rebuttal of conservative positions on their ground, and is fully in keeping with critical philosophy; b) Kant sets forth a new notion of public use of reason that reverses the order of moral progress presented in his previous writings, but retains all its emancipatory character. I intend to support my interpretation by a) conducting a rhetorical analysis showing how Kant’s rhetoric aims to persuade the ruler that his interests are best served by fostering the regulative ideas of pure practical reason as discovered by critical philosophy; b) analysing Kant’s use of the term ‘public’ (both as the adjective ‘öffentlich’ and the noun ‘Publikum’) and showing how it retains its wide scope and emancipatory function and even expands them to areas previously subjected to legitimate censorship. (shrink)

In modern Russian society, it is possible to trace the division into citizens who support the reforms of the education system, carried out over the past 20 years, and their ideological opponents. The purpose of the article is to identify the grounds of this social conflict and the failure of the reforms at the level of public consciousness. The author argues that the discrepancy between conceptual education metaphors guiding the vector of education policy causes a different understanding of the essence, (...) goals and objectives of education, which leads to social conflict and dysfunction of the system. The article seeks to identify the leading conceptual metaphors of education at the regulatory level and in the citizens’ consciousness; to elucidate of the values constituting the core of each metaphor; to compare the found metaphors with the leading philosophical approaches to education; to detect other conceptual metaphors; and, finally, to suggest recommendations for resolving the conflict. The two found leading metaphors of education in modern Russia contradict at the axiological level, which leads to social conflict. The author sees a solution in adopting philosophic-anthropological approach and, according to the results of the survey, the corresponding conceptual metaphors of education as construction and educational journey. (shrink)

Certain principle aspects of the fundamental science state in Ukraine as of 2014 were analyzed. It was shown that no awareness exists in the country that the main although not unique task of the science consists in the creation of new knowledge. The special attention was paid to state academies of science, in particular, to the National academy of science of Ukraine. It was demonstrated that the active law concerning science as well as the project of the new law have (...) substantial shortcomings from the judiciary viewpoint and inhibit a free progress of science in line with general trends of the developed countries. The existing status of the autonomous state academies, being a peculiar symbiosis the non-governmental organization and state institution, was criticized. The concept of a scientific elite was analyzed, which was used to determine its true level. Certain scientometric data on the Ukrainian science were presented. A very unsatisfactory situation with social sciences and humanities was shown. Criteria were discussed for the future audit of the Ukrainian science in order to reform it in the European style. (shrink)

Alvin Plantinga’s theory of knowledge, as developed in his Warrant trilogy, has shaped the debates surrounding many areas in epistemology in profound ways. Plantinga has received his share of criticism, however, particularly in his treatment of belief in God as being “properly basic”. There has also been much confusion surrounding his notions of warrant and proper function, to which Plantinga has responded numerous times. Many critics remain unsatisfied, while others have developed alternative understandings of warrant in order to rescue Plantinga’s (...) theory from certain objections. The most promising of such attempts fall under the broad category of “virtue epistemology” or a “virtue-theoretic” approach. The work being done in virtue epistemology is still in its early stages and a consensus on what actually constitutes virtue epistemology has yet to be reached. While some have attempted to structure an entire theory of knowledge based on the virtues possessed by the knower, others have focused more on the role of epistemic virtues as an attempt to supplement existing theories, including Plantinga’s. In this paper, I will offer an analysis of what such an attempt might look like and evaluate the potential success of broadening Plantinga’s original model. -/- My proposal is that certain features of a virtue-theoretic approach (also referred to as “agent-reliabilism”) could improve Plantinga’s model in significant ways. Not only would such a broadened approach be better equipped to handle common objections, but it would also be better suited to contribute an enhanced understanding of the task of epistemology, one that seeks to discover multiple epistemic goods other than what has been traditionally confined to the realm of knowledge. I conclude by applying this approach to Plantinga’s treatment of theistic belief in Warranted Christian Belief and by articulating a few of the ways in which epistemic virtues can increase the degree of warrant enjoyed by such belief. (shrink)

The Husserlian concept of intersubjectivity has been criticized for the fact that it belongs exclusively to a philosophy of representation and to a solipsistic consciousness. In this conceptual framework, the other (ego) appears to be constituted by a singular ego through the synthesis of the series of its appearances (perceptive or imaginative representations) and by extrapolation (transposition) of its own “sphere of originality”. For this theory of constitution seemed to be essentially related to the concept of objective representation that post-Husserlian (...) phenomenologists have criticized and eventually replaced with another, in which affectivity is supposed to open the way to otherness, as we can see in Heidegger, Levinas, Merleau-Ponty, Michel Henry or Jacques Derrida. Our hypothesis is that the difficulty does not regard the theory of constitution, but the fact that the other and the community that he forms with me and with many others are thought only in terms of representation. Even those who discharged the “abstract” objective representation of Husserl’s function and replaced it with “affectivity” were not finally able to overpass the representational framework, because the other has always been for me (and vice-versa, I have been for him) only a “picture” (no matter whether representative or “affective”), something which simply “stands” before my eyes. But this is certainly a reductive way of understanding the relation between the I and the other. If we focus our attention on the phenomenon of community and not on some interpretations or simplifications of it, we realize that it is not sufficient that objective representation or affectivity or any other faculty constitute or disclose the other for the I (even if that is a necessary starting point). As a multilayered concept, “intersubjectivity”, in Husserl’s sense, is a system of transitions from mere appearance to transcendence, from passivity to activity, from cognitive and affective representation to volition and action. As soon as we see the relation between the I and the other as active, as an influence or intrusion of one consciousness in another, as an intention to “move” the other, to determine him to assume or to begin an action (a real one, effected in real life), the concept of intersubjectivity changes drastically, even though the “representation” of the other before the I and of the I in the eyes of the other remains a necessary interface. Accordingly, constitutive phenomenology has to take into consideration volition, action and communication not simply as extensions of the constitution of the thing. A reform of the theory of constitution, or rather its enlargement, to encompass this new type of “objectivity” (praxis) which would thus offer an adequate conceptual framework is strongly recommended. (shrink)

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always (...) appreciated its distinctive forms and function. Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands—oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity—once considered irreconcilable, are actually interlocked by the right’s core historical function to protect children’s liberty and equality interests. And yet the right to education is ill equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that the right can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform. (shrink)