This is a critical examination of Zizek's concept of ideology in his work on the Sublime of Ideology. His account on this connotes that people are basing only in the conscious state without considering the unconscious "I." This framework in psychology has led Zizek to relate it in the process of economics which is greatly manifested in the contradictory poles of the oppressor and the oppressed and its relationship to the process of commodities. Looking into this orientation, this leaves the (...) author to incorporate the ideological character of Zizek through the lens of Anti-Terrorism Law which is not seen in the naked eye. (shrink)

Many paradigmatic forms of animal rights and environmental activism have been classed as terrorism both in popular discourse and in law. This paper argues that the labelling of many violent forms of direct action carried out in the name of animal rights or environmentalism as ‘terrorism’ is incorrect. Furthermore, the claim is also made that even those acts which are correctly termed as terrorism are not necessarily wrongful acts. The result of this analysis is to call into (...) question the terms of public debate and the legitimacy of anti-terrorism laws targeting and punishing radical activism. (shrink)

Tough anti-terrorism policies are often defended by focusing on a fixed minority of the population who prefer violent outcomes, and arguing that toughness reduces the risk of terrorism from this group. This reasoning implicitly assumes that tough policies do not increase the group of 'potential terrorists', i.e., of people with violent preferences. Preferences and their level of violence are treated as stable, exogenously fixed features. To avoid this unrealis- tic assumption, I formulate a model in which policies (...) can 'brutalise' or 'appease' someone's personality, i.e., his preferences. This follows the endogenous prefer- ences approach, popular elsewhere in political science and economics. I formally decompose the effect of toughness into a (desirable) deterrence effect and an (un- desirable) provocation effect. Whether toughness is overall effi cient depends on which effect overweighs. I show that neglecting provocation typically leads to toughness exaggeration. This suggests that some tough anti-terrorism policies observable in the present and past can be explained by a neglect of provocation. (shrink)

Responding to recent calls made within UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government’s role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the (...) concept of a government-backed definition of Islamophobia appears hypocritical and untenable. Alongside opposing government attempts to define Islamophobia (and Islam), I argue that advocacy efforts should instead focus on disambiguating government counter-terrorism initiatives from the government management of controversies within Islam. Instead of repeating the mistakes of the governmental adoption of the IHRA definition of antisemitism by promoting a new definition of Islamophobia, we ought to learn from the errors that were made. We should resist the gratuitous securitization of Muslim communities, rather than use such definitions to normalize compliance with the surveillance state. (shrink)

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...) war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the (...) legal context. The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so in (...) various viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)

This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not (...) least, the discussion enables us to reach conclusions as to how terrorism research that combines philosophy and international law in particular, and interdisciplinary research into terrorism in general, can be meaningfully implemented. The individual aspects are clarified on the basis of the discussion surrounding justified measures for combating terrorism and the justification of the targeted killing of terrorists. (shrink)

This review is republished to illustrate how important this book is to us today, with legislation and caselaw additions as follows: UK Anti-terrorism, Crime and Security Act 2001; UK Contempt o Court Act 1981; UK Obscene Publications Act 1964; UK Perjury Act 1911; UK Police Misconduct Regulations 1999; UK Prevention o Corruption Act 1996; UK Fraud Act 2006; UK Bribery Act 2010; UK Prevention o Corruption Act 1926; UK Public Bodies Corrupt Practices Act 1889; and UK Terrorism (...) Act 2000. Case law includes: R v Bellum [1989]; R v Dryden [1995]; R v Kiin [1994]; R v Loosley [2002]; the Steven Lawrence murder case; and Tsang Ping-nam v R [1981]. (shrink)

There is a tension in our theorizing about laws of nature: our practice of using and reasoning with laws of nature suggests that laws are universal generalizations, but if laws are universal generalizations then we face the problem of explanatory circularity. In this paper I elucidate this tension and show how it motivates a view of laws that I call Minimal Anti-Humeanism. This view says that the laws are the universal generalizations that are not grounded in their instances. I (...) argue that this view has a variety of advantages that could make it attractive to people with both Humean and anti-Humean inclinations. (shrink)

Without doubt, terrorism is one of the most vehemently debated subjects in current political affairs as well as in academic discourse. Yet, although it constitutes an issue of general socio-political interest, neither in everyday language nor in professional (political, legal, or academic) contexts does there exist a generally accepted definition of terrorism. The question of how it should be defined has been answered countless times, with as much variety as quantity in the answers. In academic discourse, it is (...) difficult to find two scholars who use the term ‘terrorism’ in the same way. -/- While it is impossible to formulate a definition which satisfies everyone, discussing the definition question is indispensable. The necessity to review existing definitions with a view to improving them is especially obvious in legal and political contexts. How terrorism is defined in these contexts has serious consequences, and if we lack clear definitions we run into problems. How can we have laws or take political measures against something we have not clearly defined? Without doubt, there exists a practical necessity for a definition in these fields. It is important to have clear standards for defining terrorism. -/- In my view, the definition should meet three basic criteria: first, it should cover those cases that we concurrently consider to be instances of terrorism (such as the attacks on the World Trade Center in New York and the Pentagon in September 2001 or those on commuting trains in Madrid Atocha in March 2004). That is, ideally, our definition of terrorism remains close to uncontroversial usages of the term. Second, the definition should abstain from morally judging the act in question. Later I will say more about so called “moral” definitions of terrorism. For now, it suffices to say that defining an action and evaluating it are distinct tasks and should remain so. Third, the definition must identify characteristics that are specific to terrorism alone, characteristics which clearly distinguish it from other phenomena. (shrink)

The thought of Carl Schmitt (1888-1985) helps to place Islamist terrorism within a certain tradition of warfare and political theory. In fact, this form of violence can be clarified by Schmitt’s theoretical endowment, as this brief paper attempts to do. The end of the legal framework of the jus publicum europaeum and the emergence of non-state actors have put into question centuries-old certainties. Schmitt’s theory could help to put order in political concepts today ideologically misused. And his opposition to (...) any universalistic tendencies questions not only Jihadi ideology but also Western anti-terroristic rhetoric, which is equally part of the ongoing global war of annihilation feared by Schmitt during his entire life. (shrink)

First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.

In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This (...) dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a new theoretical model that classifies civil law on the basis of its purpose-to protect religious liberty, engage or fortify the religious sector, or to advance universal norms-the author examines the impact of the three different types of legislation upon religious freedom and the individual autonomy of religious minorities in Sweden, an aggressively secularized industrial society. The author concludes that, viewed from the standpoint of a religious nonconformist, there is no discernible difference between living in a society that is overtly ruled by religious law (e.g., an Islamic state) and living in a "secular” society that is ruled by civil law either embedded with religious norms or designed to facilitate state appropriation of the religious sector as a complementary means of social control. In either environment, the author argues, the religious nonconformist will be forced to conform to the religious norms of the predominant religious group. (shrink)

This chapter is concerned with the role of democracy in preventing terrorism, identifying and apprehending terrorists, and in minimizing and alleviating the damage created by terrorism.1 Specifically, it considers the role of democracy as a resource, not simply a limitation, on counterterrorism.2 I am mainly concerned with the ways in which counterterrorism is similar to more familiar forms of public policy, such as the prevention of crime or the promotion of economic prosperity, and so nothing that I say (...) turns on being able sharply to distinguish terrorism from other bad things that democracies have to face. I will not, then, address the extensive debate on the best way to define terrorism.3 However, I assume that terrorists characteristically seek to terrorize people in order to secure their particular ends. What forms that terror takes, what people terrorists seek to terrorize, and what ends terrorists seek to promote I assume to be indeterminate, open to change, and a matter for empirical investigation. However, I take it that the IRA, Baader Meinhoff, and the Red Brigade, as well as certain animal rights groups in the United Kingdom and certain anti-abortion groups in the United States, are examples of terrorist groups and individuals. In short, I will be assuming that terrorism is principally characterized by the choice of means to given ends, rather than by the ends themselves, and that it is the choice of means, rather than the favored ends, that makes terrorism so problematic from a democratic perspective. However good the goal, terrorizing a population—whether or not this involves killing the innocent—is morally wrong and, from a democratic perspective, an abuse of power over the lives of others. While the use of terror may indicate that the ends sought by terrorists are such that people cannot be expected to support them voluntarily, there is no justification for supposing that the ends of terrorism must be morally or politically unacceptable simply because the means are both. It is a staple of ordinary life—not merely of philosophical examples—that people are sometimes unjustified in the means they use in order to accomplish perfectly acceptable ends. So, the ends terrorists seek are, or might become, morally or politically acceptable without in any way altering our objections to the use of terror as a tool for promoting them. (shrink)

Metaphysicians play an important role in our understanding of the universe. In recent years, physicists have focussed on finding accurate mathematical formalisms of the evolution of our physical system - if a metaphysician can uncover the metaphysical underpinnings of these formalisms; that is, why these formalisms seem to consistently map the universe, then our understanding of the world and the things in it is greatly enhanced. Science, then, plays a very important role in our project, as the best scientific formalisms (...) provide us with what we, as metaphysicians, should be trying to interpret. In this thesis I examine existing metaphysical views of what a law is (both from a conceptual and from a metaphysical perspective), to show how closely causation is linked to laws, and to provide a priori arguments for and against each of these positions. Ultimately, I aim to provide an analysis of a number of metaphysics of natural laws and causation, apply these accounts to our best scientific theories, and see how these metaphysics fit in with our concepts of cause and law. Although I do not attempt a definitive metaphysical account myself, I conclude that any successful metaphysic will be a broadly Humean one, and furthermore that given the concepts of cause and law that shall be agreed upon, Humean theories allow for there to be causal sequences and laws (in line with our concepts) in the world. (shrink)

Metaethics is traditionally understood as a non-moral discipline that examines moral judgements from a standpoint outside of ethics. This orthodox understanding has recently come under pressure from anti-Archimedeans, such as Ronald Dworkin and Matthew Kramer, who proclaim that rather than assessing morality from an external perspective, metaethical theses are themselves substantive moral claims. In this paper, I scrutinise this anti-Archimedean challenge as applied to the metaethical position of expressivism. More precisely, I examine the claim that expressivists do not (...) avoid moral commitments when accounting for moral thought, but instead presuppose them; they do not look at ethics from the outside, but operate from within ethics. This paper defends the non-moral status of expressivism against anti-Archimedeanism by rejecting a new anti-Archimedean challenge which, on the basis of Hume’s Law, aims to exploit expressivist explanations of supervenience in order to show that expressivism is a substantive moral position. (shrink)

In combating international terrorism, it is important to observe some basic principles, such as that international law must be complied with, care should be taken that one does not proceed in such a way that future terrorists are recruited, and one does not oneself become a terrorist. Unfortunately, the war on terrorism.

I argue that the best scientific package is anti-Humean in its ontology, but Humean in its laws. This is because potencies and the best system account of laws complement each other surprisingly well. If there are potencies, then the BSA is the most plausible account of the laws of nature. Conversely, if the BSA is the correct theory of laws, then formulating the laws in terms of potencies rather than categorical properties avoids three serious objections: the mismatch objection, the (...) impoverished worlds objection, and the metaphysical 'oomph' objection. I argue that combining anti-Humean properties with Humean laws into a Potency-Best System Account of Laws is a powerful and science-friendly account---something that people on both sides should be able to appreciate. (shrink)

Humeanism about laws of nature is, roughly, the view that the laws of nature are just patterns, or ways of describing patterns, in the mosaic of events. In this paper I survey some of the (many!) objections that have been raised to Humeanism, considering how the Humean might respond. And I consider how we might make a positive case for Humeanism. The common thread running through all this is that the viability of the Humean view relies on the Humean having (...) an importantly different conception of explanation to the anti-Humean. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file (...) one’s whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

Hedonism is a basic problem in society, especially in Indonesia. There are several negative impacts produced by hedonism such as poverty, debt problems, and social conflict. With an income level that does not match one's level of spending, this can cause an imbalance in one's financial condition. The economic theory of Marxism—which was pioneered by Karl Marx through one of his books entitled The capital—helps us to understand more about logical considerations when consuming and maximizing utility to fulfill the collective (...) interest. Capitalism creates a quite radical push in one's consumption activity, where by analysis Law Diminishing Marginal Utility, capitalists will easily make new innovations so that they can produce new commodities that are deliberately positioned as commodities needed by society. Debt to Income Ratio which is one of the ratios to measure the liability and income of entities can be used as a step to prevent or slow down the development of a culture of hedonism and raise collective awareness in the midst of a fairly chaotic capitalist system. (shrink)

Some argue that time’s causal arrow is grounded in an underlying thermodynamic asymmetry. Often, this is tied to Humean skepticism that causes produce their effects, in any robust sense of ‘produce’. Conversely, those who advocate stronger notions of natural necessity often reject thermodynamic reductions of time’s causal arrow. Against these traditional pairings, I argue that ‘reduction-plus-production’ is coherent. Reductionists looking to invoke robust production can insist that there are metaphysical constraints on the signs of objects’ velocities in any state, given (...) other—including far later—states’ properties. The Past Hypothesis may thus be a metaphysical condition, not a physical law. (shrink)

Hedonisme merupakan permasalahan yang cukup mendasar di dalam masyarakat, khususnya di Indonesia. Terdapat beberapa dampak buruk yang dihasilkan oleh hedonisme seperti kemiskinan, permasalahan hutang-piutang, dan konflik sosial. Dengan tingkat pendapatan yang tidak sesuai dengan tingkat pengeluaran seseorang, hal ini dapat menyebabkan ketidakseimbangan kondisi finansial seseorang. Teori ekonomi marxisme—yang dipelopori oleh Karl Marx melalui salah satu bukunya yang berjudul Das Kapital—membantu kita untuk memahami lebih lanjut tentang pertimbangan logis ketika melakukan konsumsi dan memaksimalkan utilitas untuk memenuhi kepentingan kolektif. Kapitalisme menciptakan dorongan (...) yang cukup radikal di dalam aktivitas konsumsi seseorang, di mana dengan adanya analisa Law Diminishing Marginal Utility, para kapitalis akan dengan mudah untuk membuat inovasi baru sehingga dapat menghasilkan komoditas baru yang dengan sengaja diposisikan sebagai komoditas yang dibutuhkan oleh masyarakat. Debt to Income Ratio yang menjadi salah satu rasio untuk mengukur kewajiban dan pendapatan entitas dapat digunakan sebagai langkah untuk mencegah atau memperlambat perkembangan budaya hedonisme dan menimbulkan kesadaran kolektif di tengah-tengah sistem kapitalisme yang cukup kacau. (shrink)

Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally obligatory given our social practices. (...) A less restrictive view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counter-examples. This form of “inclusive” anti-positivism is not just invulnerable to extensional challenges from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law (...) implicates the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

This paper aims to show how the legacy of socialism with a human face represents a far more serious obstacle for the postsocialist transition than the heritage of rigid socialism. This is because an amalgamation of the perception of the autochthonous character of socialism accompanied by the perception of its soft, human face, creates an anti-capitalist mentality (Ludwig von Mises) that leaves an enormous impact on the long-term understandings of the concepts of individual, society, state, and reforms. This sort (...) of mentality is deeply entrenched in Serbia, where a full-scale process of “debolshevization” has never been initiated. The continuity with socialist legacy is apparent in key segments of the ill-fated transition: political, institutional, economic, symbolical, and no less moral. (shrink)

ABSTRACT In recent years, debates on same-sex marriage and the recognition of transwomen as women have been raging. These debates often seem to revolve around the meaning of, respectively, the word ‘marriage’ and ‘woman’. That such debates should take place might be puzzling. It seems that if debates on gay and transgender rights revolve around the meaning of these words, then those in favor of same-sex marriage and of the recognition of transwomen as women have no room left to maneuver. (...) However, prima facie, the pro – and anti-, in both cases, have genuine disagreements over the meaning of these words: though the analyses of revisionary theorists are revisionary, they are analyses. Sally Haslanger and other philosophers in her wake have appealed to an anti-descriptivist externalist view of meaning to provide the conceptual foundations of this practice of revisionary theorizing: revisionary analyses bring to light what, unbeknownst to us, these words mean. In this paper, I argue that a descriptivist externalist view should be preferred instead. My argument rests on the thesis that what is contested in these debates is the meaning of the words ‘marriage’ and ‘women’ as used in the law. (shrink)

In the 1980s and 1990s, a series of attempts were made to put into U.S. law a civil rights ordinance that would make it possible to sue the makers and distributors of pornography for doing so (under certain conditions). One defence of such legislation has come to be called "the free speech argument against pornography." Philosophers Rae Langton, Jennifer Hornsby and Caroline West have supposed that this defence of the legislation can function as a liberal defence of the legislation: in (...) particular, a defence of the legislation based on the value of women's liberty. This would be somewhat unexpected given MacKinnon's own antipathy toward liberalism. In this paper, I argue that the free speech argument against pornography cannot be used as a liberal defence of the ordinances. The legislation is, to some extent, self-defeating insofar as it understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors and consumers of pornography have to say about why they make, distribute and consume it. (shrink)

If the Past Hypothesis underlies the arrows of time, what is the status of the Past Hypothesis? In this paper, I examine the role of the Past Hypothesis in the Boltzmannian account and defend the view that the Past Hypothesis is a candidate fundamental law of nature. Such a view is known to be compatible with Humeanism about laws, but as I argue it is also supported by a minimal non-Humean "governing'' view. Some worries arise from the non-dynamical and time-dependent (...) character of the Past Hypothesis as a boundary condition, the intrinsic vagueness in its specification, and the nature of the initial probability distribution. I show that these worries do not have much force, and in any case they become less relevant in a new quantum framework for analyzing time's arrows---the Wentaculus. Hence, the view that the Past Hypothesis is a candidate fundamental law should be more widely accepted than it is now. (shrink)

Some collateral harms affecting enemy civilians during a war are agentially mediated – for example, the US-led invasion of Iraq in 2003 sparked an insurgency which killed thousands of Iraqi civilians. I call these ‘collaterally enabled harms.’ Intuitively, we ought to discount the weight that these harms receive in the ‘costs’ column of our ad bellum proportionality calculation. But I argue that an occupying military force with de facto political authority has a special obligation to provide minimal protection to the (...) civilian population. As a result, when an occupying military force collaterally enables a harm affecting the civilian population, the weight that the harm ought to receive in the ad bellum proportionality calculation is unaffected by the fact that the harm is agentially mediated – it ought to be weighed at least as heavily as those harms that the occupying force collaterally commits directly. As a result, satisfying the ad bellum proportionality constraint in wars of territorial occupation is more difficult than it has been thought. (shrink)

This paper seeks to identify the distinctive moral wrong of stalking and argues that this wrong is serious enough to criminalize. We draw on psychological literature about stalking, distinguishing types of stalkers, their pathologies, and victims. The victimology is the basis for claims about what is wrong with stalking. Close attention to the experiences of victims often reveals an obsessive preoccupation with the stalker and what he will do next. The kind of harm this does is best understood in relation (...) to the value of privacy and conventionally protected zones of privacy. We compare anti-stalking laws in different jurisdictions, claiming that they all fail in some way to capture the distinctive privacy violation that stalking involves. Further reflection on the seriousness of the invasion of privacy it represents suggests that it is a deeply personal wrong. Indeed, it is usually more serious than obtrusive surveillance by states, precisely because it is more personal. Where state surveillance genuinely is as intrusive as stalking, it tends to adopt the tactics of the stalker, imposing its presence on the activist victim at every turn. Power dynamics —whether rooted in the power of the state or the violence of a stalker —may exacerbate violations of privacy, but the wrong is distinct from violence, threats of violence and other aggression. Nor is stalking a simple expression of a difference in power between stalker and victim, such as a difference due to gender. (shrink)

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...) it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

The purpose of this paper is to consider whether it is permissible for a liberal democratic state to deny anti-liberal-democratic citizens and groups the right to run for parliament. My answer to this question is twofold. On the one hand, I will argue that it is, in principle, permissible for liberal democratic states to deny anti-liberal-democratic citizens and groups the right to run for parliament. On the other hand, I will argue that it is rarely wise (or prudent) (...) for ripe democracies to exclude anti-liberal-democrats from parliamentary elections. There are at least two reasons for this. The first is related to the inherent stability of just institutions. The second is that exclusion can lead to group polarization and enclave deliberation that can engender political extremism and impair processes of interpersonal and intrapersonal deliberation in liberal democracies. (shrink)

The goal of this thesis to defend the philosophical view of the new ante rem substantivism against its supposed alternatives. To achieve such goal, we will present four views about the nature of laws, two kinds of realism and two kinds of anti-realism, and evaluate them critically. The disadvantages from those theories are going to be presented for us to show that they are insufficient to provide a metaphysics that is able to explain the world's counterfactuality, universality, and regularity, (...) and that just one form of realism, the new ante rem substantivism, can. This goal is important because the concept of laws of nature is widely used in many areas of science and philosophy, and because according to the view we accept, the laws may fulfill some theoretical roles, and not others. We intent to show that the new ante rem substantivism's laws are able to fulfill the roles that scientists would hope the natural laws to fulfill. (shrink)

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

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to (...) skeptical doubt. The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...) pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)

INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Vol. 5, number 1, Autumn 1991, pp. 79-87. R.M. Nugayev. -/- The fundamental laws of physics can tell the truth. -/- Abstract. Nancy Cartwright’s arguments in favour of phenomenological laws and against fundamental ones are discussed. Her criticisms of the standard cjvering-law account are extended using Vyacheslav Stepin’s analysis of the structure of fundamental theories. It is argued that Cartwright’s thesis 9that the laws of physics lie) is too radical to accept. A model (...) of theory change is proposed which demonstrates how the fundamental laws of physics can, in fact, be confronted with experience. -/- . (shrink)

uses Bourdieu to analyze the dynamics between state terror and insurgent terrorism.

This essay contends that Spinoza provides a valuable analysis of the ‘‘affective’’damage to a social body caused by fear, anxiety, and ‘‘superstition.’’ Far from being primarily an external threat, this essay argues that terrorism and the promulgationof fear by the current administration in the United States pose a threat to internalsocial cohesion. The capacity to respond in constructive and ameliorative ways tocurrent global conflicts is radically undermined by amplifying corrosive relationshipsof anxiety, suspicion and hatred among citizens. Spinoza presents a (...) portrait of natural and political existence as deeply relational and ‘‘affective’’ such that human freedom and power depend upon the concern for the affective and passionatedispositions of human bodies and minds. In order for democracy, the power of themany, to exist effectively, the social body must be ruled by ‘‘joyful passions’’ rather than ‘‘sad passions,’’ which are destructive and debilitating by nature. (shrink)

Plato’s attitude towards drunkenness (μέθη) is surprisingly positive in the Laws, especially as compared to his negative treatment of intoxication in the Republic. In the Republic, Plato maintains that intoxication causes cowardice and intemperance (3.398e-399e, 3.403e, and 9.571c-573b), while in the Laws, Plato holds that it can produce courage and temperance (1.635b, 1.645d-650a, and 2.665c-672d). This raises the question: Did Plato change his mind, and if he did, why? Ultimately, this paper answers affirmatively and argues that this marks a substantive (...) shift in Plato’s attitude towards anti-rational desires. More precisely, this paper argues that in the Republic, Plato holds that anti-rational desires are always detrimental to health and virtue, while in the Laws, Plato maintains that anti-rational desires can be instrumental to health and virtue. (shrink)

This paper defends an account of the laws of nature in terms of irreducibly modal properties (aka powers) from the threat posed by functional laws, conservation laws and symmetries. It thus shows how powers theorists can avoid ad hoc explanations and resist an inflated ontology of powers and governing laws. The key is to understand laws not as flowing from the essences of powers, as per Bird (2007), but as features of a description of how powers are possibly distributed, as (...) per Demarest (2017), Kimpton-Nye (2017, 2021) and Williams (2019); call this the Powers-BSA. This underappreciated powers-based account of laws is continuous with actual scientific practice and thereby quite naturally accommodates functional laws, conservation laws and symmetries. This paper thus positions the Powers-BSA as the leading anti-Humean account of the relationship between laws and properties. (shrink)

Along with the promulgation of 2008 Law on Anti-Corruption, thanking to the comprehensive solutions and determinations of the whole governmental apparatus, there are signals of a positive change in the fight against corruption in Vietnam’s market economy. However, compared to other countries around the world, the corruption in Vietnam is still a national problem. The number of corruption cases may decline, but the scale and severity has been increasing. Many cases has involved high-ranking officials in the government with more (...) than 20 general officers in the armed forces to be sentenced. On the basis of analysing the current situation of corruption in recent years, the author hereby recommends some synchronous solutions to improve the effectiveness of anti-corruption. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel (...) with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). (...) -/- The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

The heated debates and severe conflicts between the atomists and the anti-atomists of the latter half of the nineteenth century are well known to the historian of science. The position of Dmitrii Ivanovich Mendeleev towards these nineteenth century debates on atomism will be studied in this paper. A first attempt will thus be offered to reconcile Mendeleev’s seemingly contradictory comments and ambiguous standpoints into one coherent view.