This article focuses on the so-called “Area of Freedom, Security and Justice” (ASFJ), namely the policy field of the European Union (EU) that covers judicial and police cooperation, migration and asylum policies and the control of external borders. The article explores how the AFSJ has emerged and how, within it, the relationship between freedom and security has evolved over time and brought about a shift towards a “Security Union”.

This special issue of Science and Engineering Ethics is devoted to the ethical, societal and political implications of new and emerging technologies in the area of Human Security. Its aim is to address the wider implications of an altered security landscape. Specifically, and in accordance with SEE’s main area of interest, contributions to this special issue focus on those ethical considerations warranted by scientific and technological advances in the field of human security. This includes, but (...) is not restricted to, issues of privacy and data protection, control, trust, surveillance, authority, and freedom. Papers consider some of the ethical and societal challenges related to new and emerging technologies in the context of the Human Security Doctrine (HSD), as it has been initially formulated by the United Nations Commission on Human Security (UNCHS 2003). The HSD argues for a paradigm shift from understanding security based on tangible assets (e.g., national borders, goo .. (shrink)

This article develops an intuitive idea of proportionality as a placeholder for a substantive conception of equality, and contrasts it with Ripstein’s ideas, as presented in an annual guest lecture to the Society of Applied Philosophy in 2016. It uses a discussion of racial profiling to illustrate the conceptual and normative differences between the two. The brief conclusion spells out my concern that talk of ‘proportionality’, though often helpful and, sometimes, necessary for moral reasoning, can end up concealing, rather than (...) illuminating, people’s claims to be treated as equals. (shrink)

Today, we observe the process of the constant expansion of the list of countries using AI in order to ensure the state of security, although depending on the system in force in them, its intensity and depth of interference in the sphere of rights and freedoms of an individual are different. The purpose of this article is to define what is AI, which is applicable in the area of state security, and to indicate the prospects for the (...) development of AI. The historical method was used as the leading one in the research process, supported by the comparative method and the dogmatic method. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

This paper examines the justice of unconditional basic income (UBI) through the lens of the Hegel-inspired recognition-theory of justice. As explained in the first part of the paper, this theory takes everyday social roles to be the primary subject-matter of the theory of justice, and it takes justice in these roles to be a matter of the kind of freedom that is available through their performance, namely ‘social’ freedom. The paper then identifies the key criteria of (...) social freedom. The extent to which the introduction of an UBI would meet these criteria is then examined, with a focus on the social role that stands to be most affected by an UBI, namely that of the worker-earner. It is argued that while an UBI is likely to be only partially effective as an instrument of specifically social freedom, its main justification lies not here, but in securing a basis for the subjective freedom that social freedom presupposes. (shrink)

Freedom and security are often portrayed as things that have to be traded off against one another, but this view does not capture the full complexity of the freedom-security relationship. Rather, there seem to be four different ways in which freedom and security connect to each other: freedom can come at the cost of security, security can come at the cost of freedom, freedom can work to the benefit of security, and security can (...) work to the benefit of freedom. This paper analyses each of these connections in turn. It shows that particular understandings of freedom can help us to see particular connections between freedom and security. The practical examples used to illustrate these connections are drawn from the context of the COVID-19 pandemic. It will be suggested that, in the face of challenges such as this one, taking into account all four connections between freedom and security can ultimately help decision-makers in upholding both. (shrink)

In this article I describe and defend an account of social freedom grounded in intersubjective recognition. I term this the ‘normative authorisation’ account. It holds that a person enjoys social freedom if she is recognised as a discursive equal able to engage in justificatory dialogue with other social agents about the appropriateness of her reasons for action. I contrast this with Axel Honneth’s theory of social freedom, which I term the ‘self-realisation’ account. According to this view, the affirmative recognition of (...) others is necessary for obtaining a positive relation-to-self and hence freedom. I identify several problems with this account, which challenge the connection Honneth draws between social recognition and freedom. I show how the normative authorisation account avoids these problems and captures some basic features of our everyday, normative interactions. Finally, I suggest that the account fits well with recent work on epistemic injustice. Specifically, it shows that securing the social conditions of freedom requires ensuring epistemically-just social relations. Thus, the normative authorisation account is an explanatorily powerful, inclusive theory of social freedom that fits well with wider accounts of justice and freedom. Thus, it represents the most promising way of understanding social freedom in terms of interpersonal recognition. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Purpose: The research explored empirical evidence to assess the impact of cyber security and supply chain risk on digital operations in the UAE pharmaceutical industry. Methodology/Design/Approach: Based on responses from 243 personnel working at 14 pharmaceutical manufacturing companies in Dubai, data were examined for normality, instrument validity and regression analysis. Cyber security and SC risk on digital operations were explored by applying convenient sampling and descriptive and analytical research design. Findings: The findings validated the significant positive association between (...) cyber security and supply chain risk with digital operations. Research implications and Limitations: The research model was developed with three variables evaluated only on the pharmaceutical industry in Dubai. Future research should focus on multiple manufacturing industries by covering a larger geographic area. Practical implications: When suppliers are highly concentrated, customer-focused organisations with uncertain levels of digital transformation could improve their ability to manage supply chain risk by diversifying their clients. Pharmaceutical firms may require a greater focus on technology-based manufacturing firms to build and maintain customer trust. Originality Value: To illustrate how the pharmaceutical industry has explored the relationship between cyber security, supply chain risk and digital operations, the research highlights the significant and convoluted consequences of the relationship model that have not been previously considered. (shrink)

This paper aims to examine human freedom and habits based on justice. The main issue guiding this research is how justice can direct human freedom and habits to create equality in the state, and the authors use a historical-factual approach to the thought of St. Thomas Aquinas to sketch out how this can be achieved. The main result of this research shows that justice is a moral virtue which perfects the will and directs human acts for good. (...) Justice is also called a habit because it perfects the will and inclines the will to give each man what is his, equality. It implies equality because it relates to others and indicates a significant relationship with others. Justice is principally in rulers because of their primary authority and competency, while it is secondary and administrative in the people. Power exists among the people through the law to bring the common good, whereas the people are indirectly present in the state community through obedience to the law. However, the law can be unjust because power prioritizes the interests of capital owners over those of the vulnerable. This practice is common because power benefits from their existence. Furthermore, when power moves away from the common good in favor of itself, the classical notion of justice suggests depriving those in power of their rights of appointment and leaving the offices of state to the best. Therefore, the people have to strive diligently to provide good leaders and keep them from falling under tyranny. (shrink)

Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of (...) conditions and restrictions on mobility. On the contrary, open borders claim an unrestricted and unconditional (not unqualified) freedom of movement, limited only by public health considerations, serious threats to national security or democratic institutions, but not by an aspiration for maximizing global redistributive utility. The main point is that not only would freedom of movement be instrumentalized, losing its presumptive moral force, but ultimately open borders as a remedy of global justice are an oxymoron. The article concludes with an alternative defence of freedom of international movement. (shrink)

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

Despite the minimal attention paid by philosophers to gardening, the activity has a myriad of philosophical implications—aesthetic, ethical, political, and even edible. The same could be said of community food security and struggles for food justice. Two of gardening’s most significant practical benefits are that it generates communal solidarity and provides sustenance for the needy and undernourished during periods of crisis. In the twentieth century, large-scale community gardening in the U.S. and Canada coincided with relief projects during war-time (...) and economic downturn. More recently, small-scale gardening projects have emerged in schools, blighted urban areas, and communities of activists committed to increasing food security and resisting neo-liberal city planning policies. It is therefore surprising that pragmatist philosophers, who typically work at the nexus of theory and practice, have remained relatively silent about the relationship between gardening and food security. If more were to take up the challenge, they would find considerable guidance from several contemporary scholars working in diverse disciplines, from cultural geography to community studies, who explore the topic in a number of non-philosophical, though equally effective and imaginative, ways. In this paper, I propose a tentative pragmatist model for understanding how gardens make our food system more secure—a model inspired by John Dewey’s writings on school gardening, which I call the pragmatic pyramid. (shrink)

Animals who live in cities must coexist with us. They are, as a result, entitled to the conditions of their flourishing. This article argues that, as the boundaries of cities and urban areas expand, the boundaries of our conception of captivity should expand too. Urbanization can undermine animals’ freedoms, hence their ability to live good lives. I draw the implications of an account of “pervasive captivity” against the background of the Capabilities Approach. I construe captivity, including that of urban animals, (...) as affecting a range of animal capabilities, understood as freedoms, and I address some tensions within Nussbaum’s treatment of human-animal conflicts. Using the Capabilities Approach as a guide, I will attempt to motivate a convergence between habitat preservation in urbanized environments, urban design guided by justice, and the individual freedoms of animals. (shrink)

Our concern is with the ethical issues related to girlhood and bodily integrity—the right to be free from physical harm and harassment and to experience freedom and security in relation to the body. We defend agency, positive self-relations, and health as basic elements of bodily integrity and we advocate that this normative concept be used as a conceptual tool for the protection of the rights of girls. We assume the capability approach developed by Martha Nussbaum as an ethical framework (...) that enables us to evaluate girls’ well-being and well-becoming in relation to the potential, and often subtle, threats they face. The capability approach can be understood as a theory of justice, and, therefore, as an ethical and political approach. An enriched concept of bodily integrity can help in the design of better policies to address gender biases against girls because it could contribute to seeing them as active agents and valid participants. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining occurs (...) in three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (shrink)

This paper explores the tensions between two disparate approaches to addressing hunger worldwide: Food security and food sovereignty. Food security generally focuses on ensuring that people have economic and physical access to safe and nutritious food, while food sovereignty movements prioritize the right of people and communities to determine their agricultural policies and food cultures. As food sovereignty movements grew out of critiques of food security initiatives, they are often framed as conflicting approaches within the wider literature. (...) This paper explores this tension, arguing that food security is based on a particular model of justice, distributive justice, which limits the sovereignty and autonomy of communities as food producers and consumers. In contrast, food sovereignty movements view food security as a necessary part of food sovereignty, but ultimately insufficient for creating food sustainable communities and limiting wider harms. Rather than viewing food security and food sovereignty as in conflict, we argue that food sovereignty’s justice framework both encompasses and entails justice claims that guide food security projects. (shrink)

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and (...) unwritten laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or (...) any other status.”1 We are all equally entitled to our human rights without discrimination. But we when come the present conditions of Indian society, it is painful to say we find lots of discrimination and violations of human rights is a common problem. In this paper it is an attempt is made to describe that casteism cause social insecurity and is a form of violation of human rights. (shrink)

The present proposal is an approach to the vision, cosmogony and philosophy of the Totonacapan people, and particularly with the inhabitants of the Totonacapan region in Veracruz Mexico, a town whose wisdom is manifested to this day, in the conservation of customs and traditions , as well as the hierarchy of collective desire that seeks health, well-being and peace in the region, are guides in the evolution of their cultural processes, where a closeness, respectful and deep with Mother Nature stands (...) out. This wisdom by the Council of Elders, transmitted to the new generations, by the Supreme Council of Totonacapan who seek share the basis to understand and conceive the current world, from the ancestral vision and cosmogony to identify their space, thought, spirituality and in the building your social context. In the Totonacapan region, the first pre-hispanic population concentrations were located around 1259 to 1311. Already by the year 1450, there is a record of incursions and the conquest of Totonaca territory, by the Mexica, establishing a relationship of domain and subordination. As a result of the presence of "Mexica" in the Totonaco territory, there was an imposition of customs and language, since in some areas they begin to speak in Nahuatl, resulting in the presence of a bilingualism (Nahuatl-Totonac) , situation that persists, until the encounter with the Spaniards in the year of 1519. At present, the Totonacapan region includes the area that extends from the Cazones River to the north, to the towns of Gutiérrez Zamora and Tecolutla, in the State of Veracruz in Mexico. 2 The importance of the document is that it constitutes an invitation to deepen and understand the vision of the inhabitants of Totonacapan, in the construction of their social context and their connection with nature, as part of an ancient culture, which creates and recreates their vision, in the search for the feeling of belonging and as an inheritance of the children of thunder (Tajin), as well as the need to preserve the benefits that nature itself offers them, seeking a peaceful and harmonious coexistence, in the social and environmental environment. However, the preservation of its history, tradition and philosophy of life, contrast with public policy strategies, particularly in the social sphere, and which are aimed at achieving economic development in the fight against multidimensional poverty and marginalization, all Once they have not incorporated into them, the feeling and living of the relationship between individual and nature, as the guiding axis, of the philosophy of the Totonacapan people. What is sustainability for the people of Totonacapan? What is social justice in the search for sustainability? And what is your concept of justice in sustainability and human development? From the vision and philosophy of the people of Totonacapan, as part of the history and tradition of the children of thunder "Tajin" and in whose worldview, he is responsible for regulating the rain, climate and life of the people of the region. How does the people of Totonacapan live and live in the face of the maelstrom of actions that, from public policy, that seek human development? How do you adjust, your way of life and how do you adapt to the requirements, which from the perspective of justice, are required to contribute to the objectives of the 2030 development agenda? This document is an effort to learn and recognize one of the most important millenary cultures in Mexico, in the construction of a more inclusive vision of the social development of the Totonacapan people, which invites us to reflect on the direction and scope of this response. (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...) global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

We all know that problems of transportation and allocation appear frequently in practical life. We need to transfer materials from production centers to consumption centers to secure the areas’ need for the transported material or allocate machines or people to do a specific job at the lowest cost, or in the shortest time. We know that the cost factors Time is one of the most important factors that decision-makers care about because it plays an “important” role in many of the (...) practical and scientific issues that we face in our daily lives, and we need careful study to enable us to avoid losses. For this, the linear programming method was used, which is one of the research methods. Processes, where the problem data is converted into a linear mathematical model for which the optimal solution achieves the desired goal. Since these models are linear models, we can solve them using the direct simplex method and its modifications, but the specificity that these models enjoy has enabled scholars and researchers to find special methods that help us in obtaining the optimal solution. Whatever the method used, the goal is to determine the number of units transferred from any material from production centers to consumption centers, or to allocate a machine or person to do a job so that the cost or time is as short as possible. These issues were addressed according to classical logic, but the ideal solution was a specific value appropriate to the conditions in which the data was collected and does not take into account the changes that may occur in the work environment. In order to obtain results that are more accurate and enjoy a margin of freedom, we present in this book a study of transport issues and neutrosophic allocation issues and some methods for solving them. By neutrosophic issues we mean These are the problems in which the data are neutrosophic values, i.e. the required quantities and the available quantities. (shrink)

This article asks whether a country that suffers from serious environmental problems caused by another country could have a just cause for a defensive war? Danish philosopher Kasper Lippert-Rasmussen has argued that under certain conditions extreme poverty may give a just cause for a country to defensive war, if that poverty is caused by other countries. This raises the question whether the victims of environmental damages could also have a similar right to self-defense. Although the article concerns justice of (...) war, we will concentrate only on the issue of what can be just causes of war, instead of evaluating the entire justification of war. This is to say that we will limit our discussion to the question concerning just cause and leave aside more general questions concerning justness and moral permissibility of war. Our aim is to list the questions that must be made and settled if defensive war in the case of serious environmental problems is said to have (or not to have) a just cause. We will argue that there are three questions that are most important in this context. They are the question concerning liability, the question of collective responsibility, and the question whether environmental harms may create a “sufficient reason” for raising a war. (shrink)

This paper investigates one of the central questions in the ethics of migration: is migration a matter of freedom or justice? The former claims that it is a human right, whereas the latter defends a remedial right to immigrate as a way to meet the requirements of global distributive justice. These arguments seem to enter into an intractable contradiction. On the one hand, if freedom of movement is a human right, it should not be subordinated to the maximization (...) of justice. On the other hand, in a non-ideal world an open-borders policy would be of little help in the assignment of priorities, and its redistributive effects would be suboptimal. The solution, I will argue, lies in a package of global redistributive measures. More open borders now can bring us closer to justice, and only then would immigration make sense as a human right. (shrink)

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

The monograph summarizes energy and environmental aspects of biofuel production from waste in the context of rural development; institutional aspects of the formation of a “green economy” in the agricultural sector are considered; attention is paid to energy auditing as a form of implementing the state policy on energy saving and energy efficiency. The monograph includes the results obtained in the implementation of the state scientific work “Development of the concept of ensuring energy security and energy efficiency as priority (...) areas for sustainable development of rural areas” (0121U109443), 2021-2022. For researchers, agriculture specialists, ecologists, economists, entrepreneurs, teachers, students, graduate students. (shrink)

Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying (...) the concern lies with arguing that state coercion need not be dominating; and that this is possible only within the republican theory that identifies freedom with the absence of domination, not interference. (shrink)

This article analyses the conceptual foundations of the notion of economic security in the context of the organizational culture of the tourism companies of Ukraine. The influence of the organizational culture on the economic security of the companies is justified. The areas of the security services of tourism companies are described. The conditions and criteria for establishing the systems of economic security at tourism.

Catholic integralism is a tradition of thought which insists upon the ideal nature of political arrangements on which the Church can mandate the State to advance the supernatural good of the baptized. Thomas Pink, one of the foremost defenders, has proposed controversially that these arrangements are ideal because the Church possesses rights to civil coercive authority. But I argue this fact would not entail – by itself – the ideal nature of those arrangements. To the contrary, I argue that integralism (...) is unjust, even assuming Pink’s claims are true. The integralist ideal necessarily involves violating moral duties toward unbaptized citizens. Integralism does so in imposing differential civic burdens upon baptized/unbaptized citizens and in implying that non-Catholics might be rightly excluded from power merely on account of religious beliefs, both without just cause. I conclude by showing that readings of the relevant Catholic teaching can be given which are non-integralist. (shrink)

Anger is often an appropriate reaction to harms and injustices, but is it a politically beneficial one? Martha Nussbaum (Journal of the American Philosophical Association 1 (1), 41–56, 2015, Anger and Forgiveness. Oxford University Press, 2016) has argued that, although anger is useful in initially recruiting agents for action, anger is typically counterproductive to securing the political aims of those harmed. After the initial shockwave of outrage, Nussbaum argues that to be effective at enacting positive social change, groups and individuals (...) alike, must move quickly out of the state of anger. Feminist theorists (Frye, The Politics of Reality. Crossing Press, 1983; Lorde, 1997; Narayan, Hypatia 3 (2): 31–48, 1988) on the other hand have for long highlighted the efficacy of anger, as well as its moral and epistemic value, in fighting against the oppressive status quo. It might be thought therefore that for political action to be effective, a continued state of anger is preferable. Protestors must after all create and sustain a sense of moral obligation and justice. A main way of doing so is to promote successive moral shocks that trigger outrage (Jasper, Emotion Review 6 (3): 208–213, 2014). I present a novel, empirically informed defense of anger’s efficacy in political action. Nussbaum holds a traditional view on the nature of anger, inherited from Aristotle and the Stoics, which holds that anger constitutively involves a desire for retribution. The view that anger is counterproductive falls out of this and is dominant in academic work as well as in our personal and political lives. Based on work in social psychology, I argue that we need to reconsider this. In doing so, I highlight anger’s aim for recognition, rather than retribution, as key. Furthermore, I uncover conditions for anger’s political efficacy, as well as reasons for why the traditional view of anger has been so pervasive. (shrink)

Nowadays Fog Computing has become a vast research area in the domain of cloud computing. Due to its ability of extending the cloud services towards the edge of the network, reduced service latency and improved Quality of Services, which provides better user experience. However, the qualities of Fog Computing emerge new security and protection challenges. The Current security and protection estimations for cloud computing cannot be straightforwardly applied to the fog computing because of its portability and heterogeneity. (...) So these issues in fog computing arises new research challenges and opportunities. This survey features about existing security concerns for fog computing and new proposed system to tackle some of the issues in fog computing related to security and privacy, thereby enhancing the cloud security. (shrink)

The aim of the book is to uncover the relation between market and justice through the critical examination of the work of Friedrich Hayek. The book argues for the following thesis: the institution of free market is not the only candidate social system; substantial, not merely formal distributive justice must become the central virtue of our social institutions. Notwithstanding its achievements and virtues, the Hayekian theory makes a simple mistake by equivocating possible social systems, dividing them into two (...) groups. One is the world of liberty and free market where people follow the general and abstract rules of conduct, accepting the outcome of market processes, be those good or bad. The other is the world of coercion and repression in which organized distributive instituions dominate and free market is non-existent. According to Hayek’s famous thesis, although freedom is possible in the latter world, we are nevertheless already on the road to serfdom: this fate is inevitable. In this dichotomy the decision is indeed simple. If justice is nothing else but the Trojan horse of oppression, then it is indeed a dangerous and unworkable ideal. However, if this dichotomy does not hold and there is a variety of acceptable social systems, then justice may become the central virtue of institutions, thereby contradicting Hayek’s theory. In the second half of the book I present this alternative, justice-governed social system in more detail. (shrink)

Abstract: In an era of rapid technological advancements, artificial intelligence (AI) has transformed surveillance systems, enhancing security capabilities across the globe. However, the deployment of AI-driven surveillance raises significant ethical concerns, particularly in balancing the need for security with the protection of individual privacy. This paper explores the ethical challenges posed by AI surveillance, focusing on issues such as data privacy, consent, algorithmic bias, and the potential for mass surveillance. Through a critical analysis of the tension between (...) class='Hi'>security and privacy, this paper examines the implications of AI technologies on civil liberties and human rights. It also highlights the importance of establishing clear regulatory frameworks and ethical guidelines to ensure that AI surveillance systems operate within boundaries that respect individual freedoms. In navigating this delicate balance, we propose solutions that prioritize transparency, accountability, and the protection of privacy in the digital age. (shrink)

This paper attempts to argue that a radically different notion of freedoms and rights that originates from the other, that is founded on the infinite responsibility for the other, and that demands an encounter with the other as pure alterity, could be a plausible starting point towards the conception and possible realization of a Levinasian society of neighbors. First, an explication is made on why a radical change in the area of freedoms and rights could be the starting point (...) towards a social, political, and moral philosophical framework based on the radical philosophy of Levinas as elaborated in his Otherwise than Being or Beyond Essence. Then, a discussion on conventional conceptions of freedoms and rights, particularly those based on liberalism, libertarianism, and utilitarianism, is presented as groundwork for a comparative analysis between these conventional conceptions and a radical notion that would be entailed by a conception of a Levinasian society of neighbors. Lastly, an attempt is made to characterize a radically different conception of freedoms and rights based on the philosophy of Levinas and to argue how it could be the starting point towards the conception and possible realization of a Levinasian society of neighbors. (shrink)

This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations and other key organisations have put (...) in place to ensure religious and belief freedoms are protected for every human being around the world. Compiled by Cometan, this dictionary follows on from the Concise Dictionary of Astronism (First Edition; 2020) and The Institutional Dictionary of Astronism (First Edition; 2021). (shrink)

A considerable literature has emerged around the idea of using ‘personal responsibility’ as an allocation criterion in healthcare distribution, where a person's being suitably responsible for their health needs may justify additional conditions on receiving healthcare, and perhaps even limiting access entirely, sometimes known as ‘responsibilisation’. This discussion focuses most prominently, but not exclusively, on ‘luck egalitarianism’, the view that deviations from equality are justified only by suitably free choices. A superficially separate issue in distributive justice concerns the two–way (...) relationship between health and other social goods: deficits in health typically undermine one's abilities to secure advantage in other areas, which in turn often have further negative effects on health. This paper outlines the degree to which this latter relationship between health and other social goods exacerbates an existing problem for proponents of responsibilisation (the ‘harshness objection’) in ways that standard responses to this objection cannot address. Placing significant conditions on healthcare access because of a person's prior responsibility risks trapping them in, or worsening, negative cycles where poor health and associated lack of opportunity reinforce one another, making further poor yet ultimately responsible choices more likely. It ends by considering three possible solutions to this problem. (shrink)

In Nicomachean Ethics V.6 Aristotle contrasts political justice with household justice, paternal justice, and despotic justice. My paper expands upon Aristotle’s sometimes enigmatic remarks about political justice through an examination of his account of justice within the oikia or ‘household’. Understanding political justice requires explicating the concepts of freedom and equality, but for Aristotle, the children and wife within the household are free people even if not citizens, and there exists proportionate equality between (...) a husband and wife. Additionally, Aristotle’s articulation and defence of political justice arises out of his examination of despotic justice in the first book of the Politics. Not only are the polis and the oikia similar insofar as they are associations, but Nicomachean Ethics VIII.9–11 suggests they are even isomorphic with respect to justice and friendship. Thus, in this paper I explore the relationships between father and son, husband and wife, master and slave, and between siblings in order to see what they tell us about Aristotle’s understanding of freedom, equality, and justice. (shrink)

Stephen Houlgate has written an introduction to Hegel that is more than historical. For him, “Hegel’s is still a viable philosophical endeavour with extremely important things to contribute to modern debates, particularly the debates about historical relativism, poverty and social alienation, the nature of freedom and political legitimacy, the future of art, and the character of the Christian faith”. This ambitious book is clearly written and very thoughtful. By concentrating on a number of central themes, Houlgate avoids giving us another (...) numbing summary of the whole Hegelian system, yet he conveys a general idea and feel for the overall project. He also provides fresh looks at areas of Hegel’s thought not usually treated by those in his wing of Hegel interpretation. (shrink)

The purpose of the paper is to consider genesis and approaches to forming a security culture of tourism and hospitality enterprises that are superstructures of economic, industrial, professional, household, ecological, psychological and social security. In the research, apart from general scientific methods, we used the collection and analysis of primary information obtained from the survey of 220 respondents. Three areas that have a decisive influence on the security of tourism and hospitality enterprises have been identified: organizational culture, (...) decision-making responsibility, and competitiveness. The decision-making methods for different leadership styles were identified. There were conceptualized connection and strength of correlation between types of strategic decisions, leadership styles and organizational culture of tourism and hospitality enterprises. It has been proposed the factors’ configuration relevant to the security of tourism and hospitality enterprises, which focuses on the economic security formation as a function of organizational culture, responsibility for decision making and competitiveness. The styles of leadership and decision-making styles have been revealed, which determine the effectiveness of economic security of tourism and hospitality enterprises. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics (...) of particular justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions debate: egalitarianism, (...) prioritarianism, and sufficientarianism. On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as non-interference unifies these (...) concerns in a way that does justice to neither. In particular, it focuses our attention on phenomena that are at best tangential, and at worst hostile, to our interest in respect. If we wish to preserve the distinctive significance of the interpersonal, we would be better served by a conception of freedom that focuses immediately on what I call "the social conditions of respect.". (shrink)

Enterprise Risk Management and security have become a fundamental part of Enterprise Architecture, so several frameworks and modeling languages have been designed to support the activities associated with these areas. Archi- Mate’s Risk and Security Overlay is one of such proposals, endorsed by The Open Group. We investigate the capabilities of the proposed security-related con- structs in ArchiMate with regard to the necessities of enterprise security modeling. Our analysis relies on a well-founded reference ontology of (...) class='Hi'>security to uncover ambiguity, missing modeling elements, and other deficiencies of the security mod- eling capabilities in ArchiMate. Based on this ontologically-founded analysis, we propose a redesign of security aspects of ArchiMate to overcome its original limitations. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more (...) basic concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about (...) the ethics of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

Over 60% of all epidemics have a zoonotic origin, that is, they result from the transmission of infectious diseases from animals to humans. The spill-over of diseases often happens because humans exploit and use animals. In this article, I outline the four most common interfaces that favour the emergence and spread of zoonotic infectious diseases: wildlife hunting, small-scale farming, industrialised farming practices and live animal markets. I analyse which practices serve human food security – and thus have a non-trivial (...) purpose – and which predominantly have an economic purpose or serve as a symbol of wealth. I conclude that many practices that increase the risk for zoonotic infectious disease outbreaks actually do not contribute to the survival and food security of humans. I make two arguments in turn. First, I argue that in cases where the consumption and use of animal products does not contribute to the food security of a population, then this population has a duty to abstain from them, since they impose a grave and avoidable risk to themselves as well as to innocent third-parties. However, some communities must sometimes rely on practices that increase the risk of emergence and transmission of zoonotic infectious diseases, because they have no healthy alternatives. That is, the food security of the local population depends on the consumption and use of risky animal products. The second argument I advance is that, in such scenarios, the international community has a duty to provide the communities concerned with alternative food options, as well as economic and educational opportunities and technologies, in order to reduce the spill-over risk of infectious diseases. Given that abstention from such practices contributes signifcantly to the public good and benefits the international community, the latter has a corresponding duty to provide local communities which abandon such practices with alternatives. (shrink)

Decommodification is an important support for the development of our excellences and the pursuit of our freedom of conscience. In order to show this, the paper will be structured as follows. First, it will be argued that a decommodified social threshold of goods and services is a necessary part of a free-standing politically liberal conception of justice. The authors to be reviewed in this section are R.H. Tawney and John Rawls. The second section will discuss a compendium of possible (...) decommodified goods and services. Finally, an alternative of partial decommodification and a brief comment on basic income grants will be presented in the last sections. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is (...) the means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

Sikhism, a panentheistic religion, originated in the Punjab province of the Indian subcontinent during the 15th century. It is one of the youngest and fifth major world religions. The fundamental beliefs of Sikhism have been enshrined in the sacred scripture, Sri Guru Granth Sahib. These beliefs include faith in and meditation on one universal creator, unity of all humankind, engaging in selfless service, striving for social justice for all, honest livelihood and ethical conduct while living a householder's life. Sikhism (...) has about 28 million adherents worldwide. World peace is an ideal state of freedom, peace, and happiness among and within all nations and people. This idea of a peaceful world, free from violence, provides a basis for peoples and nations to willingly cooperate to prevent warfare. While different cultures, religions, philosophies, and organizations may have different concepts about how such an ideal state might come about, they have in common this ideal of a cessation of all hostility amongst all humanity. World Peace could be established through religious or secular organizations that address human rights, education, or diplomacy to end all forms of fighting. All religions are potential bearers of peace, reconciliation and reflection. This is true for Sikhism as well. As we are aware that peaceful co-existence between individuals, communities and nations is possible provided freedom, justice, human dignity, and equal opportunity to all are guaranteed. Sikhism with its doctrines of sangat (holy company), pangat (equality), wand chhakna (sharing with others), love of nature, sarbat da bhala (universal welfare), seva (selfless service), universal brotherhood, justice, liberty and fraternity, offers a pragmatic approach to achieve our well-cherished goal of world peace. (shrink)