In this article, we analyze how the checks-and-balances principle in the Finnish Constitution regarding the declaration of the state of emergency. We first discuss the basic principles of the separation of powers and checks and balances, and explicate how these principles are relevant to declaring a state of emergency (section 2). We then move on to analysing the Finnish legal order, de lege lata, regarding the declaration of the state of emergency, both on the level of (...) the Constitution and on the level of the Emergency Powers Act (section 3). This section elaborates the role of the legislative branch in checking the executive and the authority of the executive(s) in declaring a state of emergency. By means of our theoretical discussion and legal analysis, we will evaluate critically the declaration requirement’s political entailments for the Finnish legal system and propose some changes for the future, de lege ferenda (section 4). This evaluation critically assesses the present legislation regarding the declaration and its recent practice during COVID-19 pandemic. (shrink)

This paper makes an argument for the democratic value of distrust. It begins by analyzing distrust, since distrust is not merely the negation of trust. The account that it develops is based primarily on Martin Luther King Jr.’s work in Why We Can’t Wait. On this view, distrust is the confident belief that another individual or group of individuals or an institution will not act justly or as justice requires. It is a narrow normative account of distrust, since it concerns (...) a specific normative task. Distinctions between vertical and horizontal distrust, as well as trust and agnostic trust are also discussed. This paper argues that distrust’s democratic value lies in its ability to secure democracy by protecting political minorities from having their voices ignored. As such, distrust can be viewed as a kind of Madisonian “check and balance” that works to prevent tyranny. Distrust also works to secure democracy by forging new or alternative forms of democratic participation. The main example discussed in this paper is King’s involvement in the Birmingham Campaign during the Black Civil Rights movement in America. In this case, King and his supporters’ distrust of fellow White citizens and political institutions led to alternative forms of political expression such as non-violent protests, boycotts, and other forms of civil disobedience, all of which led to greater racial justice by working to alleviate White tyranny. (shrink)

This article illustrates in which sense genetic determinism is still part of the contemporary interactionist consensus in medicine. Three dimensions of this consensus are discussed: kinds of causes, a continuum of traits ranging from monogenetic diseases to car accidents, and different kinds of determination due to different norms of reaction. On this basis, this article explicates in which sense the interactionist consensus presupposes the innate?acquired distinction. After a descriptive Part 1, Part 2 reviews why the innate?acquired distinction is under attack (...) in contemporary philosophy of biology. Three arguments are then presented to provide a limited and pragmatic defense of the distinction: an epistemic, a conceptual, and a historical argument. If interpreted in a certain manner, and if the pragmatic goals of prevention and treatment are taken into account, then the innate?acquired distinction can be a useful epistemic tool. It can help, first, to understand that genetic determination does not mean fatalism, and, second, to maintain a system of checks and balances in the continuing nature?nurture debates. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

The expression ‘a university without research is a dignified high school’ is becoming a both local and global concern in the academia. The purpose of this paper is to assess the extent to which collaborative research methodologies can enhance integration of faculties of arts and humanities in the universities in Malawi for knowledge development and transfer. It has been argued over and over that universities are spotlighted by their outstanding work in research, developing and sharing ideas, new inventions and creativity (...) within the spectrum of partnership development. While striving for partnership through collaborative research approaches, research activities still remain an area of concern in institutions that offer diverse tertiary education in Malawi. The question of how can these institutions or faculties engage each other in collaborative research methodologies in the quest of knowledge development and transfer remains crucial and relevant The study analyzed strengths, weaknesses, threats and opportunities of the existing research methods in Arts and Humanities and how the two disciplines can create a space for amalgamation so that research findings can benefit both disciplines. The study reveals that collaboration in various disciplines is a challenge owing to variations of conceptual analyses and the deficiency of technical no-how of both teaching staff and students as well as tools for data collection and analysis as may be emphasized in each of the areas of study; Arts and Humanities. Furthermore, while other institutions of higher learning have research ethics committees for checks and balances as a collaborative tool, some institutions do not know that this committee plays a crucial role in the field of research. Within this backdrop, there is need to develop research collaborations within an institution or with other institutions of higher learning that have a well-defined research profile for mutual benefits as far as collaborative research methodologies are concerned. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the 2010s – Re-politicising of the public (...) sphere, removing most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought. (shrink)

In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, I place (...) the primary focus of this article on how the doctrine should apply in context to judicial evaluation of the regulatory state. In so doing, I discover that the Court’s current reliance on constitutional separation of powers and checks and balances analyses seem too narrow both with respect to the concerns of the founding generation but also, and perhaps more importantly, to the Constitution’s goals for the kind of government it sought to establish going into the future. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

During times of emergency like the pandemic itself, governments are often seen as exercising “exceptional power”. Given the state of growing urgency in responding to the pandemic, there is a worry that governments may resort to exercising their exceptional power arbitrarily—either willingly, unintentionally or perhaps even negligently. When power is exercised by states or even by non-state actors arbitrarily over a person or group, that is, at their own will in the absence of appropriate institutional checks and balances, (...) republican theorists argue that we are confronted with a threat to our freedom as non- domination. In this chapter, I explore whether, and in what ways, worries about domination could surface in the context of government’s enforcement of risk- containment measures in response to the pandemic. While imposition of these measures is deemed necessary and important for reducing risks in response to the pandemic, their imposition is prima facie problematic if it constitutes or entails wrongful exercise of arbitrary power, thereby risking domination of citizens. I motivate this claim by examining India’s initial response to the Covid-19 pandemic, particularly focussing on the public health emergency legislature (or lack thereof) authorising the implementation of emergency risk-containment measures. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

Heralded as the “Father of the Constitution,” James Madison was, besides one of the most influential architects of the U.S. Constitution, a man of letters, a politician, a scientist and a diplomat who left an enduring legacy for American philosophical thought. As a tireless advocate for the ratification of the Constitution, Madison advanced his most groundbreaking ideas in his jointly authoring The Federalist Papers with John Jay and Andrew Hamilton. Indeed, two of his most enduring ideas—the large republic thesis and (...) the argument for government separation-of-powers/checks-and-balances—are contained in there. In his life’s work, Madison fused together the three dominant philosophies in post-revolutionary, antebellum America: Lockean liberalism, classical republicanism and Christian Protestantism. (shrink)

This essay examines the implications Wikipedia holds for theories of deliberative democracy. It argues that while similar in some respects, the mode of interaction within Wikipedia represents a distinctive form of “collaborative editing” that departs from many of the qualities traditionally associated with face-to-face deliberation. This online mode of interaction overcomes many of the problems that distort face-to-face deliberations. By mitigating problems that arise in deliberative practice, such as “group polarization” and “hidden profiles,” the wiki model often realizes the epistemic (...) and procedural aspirations of deliberative democracy. These virtues of the Wikipedia model should not, however, lead to the simple conclusion that it ought to replace traditional face-to-face deliberation. Instead, this essay argues that the collaborative editing process found within Wikipedia ought to be viewed as a promising supplement to traditional deliberation. These two modes of communication ought to be viewed in Madisonian terms – as distinctive forms of interaction that check and balance the vices of one another. When combined, the wiki model promotes the virtues of inclusion and accuracy at large scales, while the face-to-face model excels in conditions of localism and promotes the virtues of solidarity and social capital. (shrink)

In his recent book, Knowing and Checking, Guido Melchior argues that, when we attempt to check whether p, we tend to think that we do not know p. Melchior then uses this assumption to explain a number of puzzles about knowledge. One outstanding question for Melchior's account, however, is why this tendency exists. After all, Melchior himself argues that checking is not necessary for knowing, so why would we think that we fail to know that p when we are in (...) the midst of checking that p? I will explore one such suggestion for why this occurs, arguing that the connection between checking and inquiry can shed light on the impact that checking has on knowing. (shrink)

This paper is about Cultural Organizations Management, more specifically, in Museums Management, and it is framework in Balanced Scorecard. The paper focuses on one of the perspectives, known as the customer perspective, which is divided into two parallel dimensions, the Visitor's Perspective, and the Social Demand Perspective. It should be noted that typology of museums is diverse, and each organization has a unique mission, a strategic plan according to it and, therefore, its own balanced scorecard. But there may be common (...) strategic objectives and indicators that are useful for managing different museums. The objective of this paper is to be able to provide indicators that facilitate cultural management in the design of a Balanced Scorecard. Likewise, having general indicators allows comparability between different organizations, and provides a useful tool to evaluate the management of a group of museums in a community or region. This paper shows the different ways museums can increase visitors, either through the permanent collection, temporary exhibitions, the online collection, or the opportunity’s provided by Museum Friends Association. Indicators are proposed to meet the strategic objective of increasing visitors in its different types. Likewise, emphasis is placed on Social Demand, which is user's demand for certain heritage assets, including museums. (shrink)

This book is primarily about checking and only derivatively about knowing. Checking is a very common concept for describing a subject’s epistemic goals and actions. Surprisingly, there has been no philosophical attention paid to the notion of checking. In Part I, I develop a sensitivity account of checking. To be more explicit, I analyze the internalist and externalist components of the epistemic action of checking which include the intentions of the checking subject and the necessary externalist features of the method (...) used. Crucially, successfully checking whether p is true requires using a method that is sensitive with respect to p, i.e. a method that would not indicate that p, if p were false. In Part II, I use the distinction between knowing and checking to explain central puzzles about knowledge, particularly puzzles centering on knowledge closure, puzzles concerning bootstrapping and the skeptical puzzle. Moreover, the book clarifies a dispute about modal epistemology, concerning the application of the sensitivity principle. By arguing that sensitivity is necessary for checking but not knowing, I explain where our persisting intuitions about sensitivity have their place in epistemology. (shrink)

When a society is characterized by a climate of distrust, how does this impact the professional practices of news journalism? I focus on the practice of balance, or fair presentation of both sides in a story. I articulate a two-step model of how trust modulates the acceptance of tes-timony and draw out its implications for justifying the practice of balance.

Body checking, characterized by the repeated visual or physical inspection of particular parts of one’s own body (e.g. thighs, waist, or upper arms) is one of the most prominent behaviors associated with eating disorders, particularly Anorexia Nervosa (AN). In this paper, we explore the explanatory potential of the Recalcitrant Fear Model of AN (RFM) in relation to body checking. We argue that RFM, when combined with certain plausible auxiliary hypotheses about the cognitive and epistemic roles of emotions, is able to (...) explain key characteristics of body checking, including how body checking behavior becomes habitual and compulsive. (shrink)

Can you rationally double-check what you already know? In this paper, I argue that you can. Agents can know that something is true and rationally double-check it at the very same time. I defend my position by considering a wide variety of cases where agents double-check their beliefs to gain epistemic improvements beyond knowledge. These include certainty, epistemic resilience, and sensitivity to error. Although this phenomenon is widespread, my proposal faces two types of challenges. First, some have defended ignorance norms, (...) on which agents are only allowed to inquire about things they don’t already know. Second—motivated by strong conceptions of belief or pragmatic encroachment—some have argued that doublechecking destroys knowledge. I argue that these competing views fail to capture both the epistemic value of double-checking and the many reasons why agents might double-check. Moreover, they rely on overly strong assumptions about what inquiry, knowledge, or belief requires. Finally, I marshal linguistic data in favor of the compatibility of knowledge and doublechecking. (shrink)

The paper proposes an account of the rational response to higher-order evidence whose key claim is that whenever we acquire such evidence we ought to engage in the inquiring activity of double-checking. Combined with a principle that establishes a connection between rational inquiry and rational belief retention, the account offers a novel explanation of the alleged impermissibility of retaining one’s belief in the face of higher-order evidence. It is argued that this explanation is superior to the main competitor view which (...) appeals to the notion of defeat. (shrink)

Distributing the system workload and balancing all incoming requests among all processing nodes in cloud computing environments is one of the important challenges in today cloud computing world. Many load balancing algorithms and approaches have been proposed for distributed and cloud computing systems. In addition the broker policy for distributing the workload among different datacenters in a cloud environment is one of the important factors for improving the system performance. In this paper we present an analytical comparison for the combinations (...) of VM load balancing algorithms and different broker policies. We evaluate these approaches by simulating on CloudAnalyst simulator and the final results are presented based on different parameters. The results of this research specify the best possible combinations. (shrink)

The aim of this paper is to provide a detailed characterisation of some ways in which our preferences reflect our reasons. I will argue that practical reasons can be characterised along two dimensions that influence our preferences: their balance and their weight. This is analogous to a similar characterisation of the way in which probabilities reflect the balance and weight of evidence in epistemology. In this paper, I will illustrate the distinction between the balance and weight of reasons, and show (...) how this is crucial for an adequate account of preference and choice. The upshot is a more complete picture of a particular kind of decision, labelled by Isaac Levi and, more recently, Ruth Chang as ‘hard choices’. These are choices in which one option is better than another in some ways, the other is better than the first in some ways, but neither seems better overall. The distinction between the balance and weight of reasons presents a new way of understanding how hard choices vary by degree and what it is that makes them so hard. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

One of the features of John Locke’s moral philosophy is the idea that morality is based on our beliefs concerning the future good. In An Essay Concerning Human Understanding II, xxi, §70, Locke argues that we have to decide between the probability of afterlife and our present temptations. In itself, this kind of decision model is not rare in Early Modern philosophy. Blaise Pascal’s Wager is a famous example of a similar idea of balancing between available options which Marcelo Dascal (...) has discussed in his important 2005 article “The Balance of Reason”. -/- Leibniz, however, was not always satisfied with this kind of simple balancing. In his commentary to Locke’s Essay, Nouveaux essais sur l’entendement humain, II, xxi, §66, he presented an alternative model which is based on an idea of plural, mutually conflicting inclinations. This kind of model, called as vectorial theory of rational decision by Simo Knuuttila, fits well with Leibniz’s theory of the soul where volitions are formed as a kind of compromise between different inclinations to different goods. -/- I will present these two models and show how they illustrate the practical rationality of Locke and Leibniz and how their moral philosophies differ, although being similar in certain respects. The topics include Leibniz’s criticism of Lockean hedonism and the discussion of akratic behaviour in II, xxi of Essay and Nouveaux essais. (shrink)

Defining actions in contradistinction to mere happenings runs into the problem of specifying the role of the agent and separating what the agent does from what they exploit or suffer. Traditionally these problems have been approached by starting with a simple act, such as an incidental movement, and considering causality, or by seeking to elucidate the connection between the act and the agent's intentions or reasons. It is suggested here that a promising approach is to shift attention from 'simple' movements (...) and start instead by exploring the general character of acquired skills. Balancing the body is one such skill and serves here as an exemplar. Some remarks made by Reid on balance are used in a Peircean framework for perception to suggest that, at least for humans, an action is always the performance of an acquired skill. Also, while action is constitutive of perception, bodily perception is the basis of action, providing in a feeling of ownership direct knowledge of an asymmetric opposition between the agent and the world. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...) actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

The article offers forecasts of the geopolitical and geo-economic development of the world in the forthcoming decades. One of the main accusations directed toward globalization is that it deepens the gap between the developed and developing countries dooming them to eternal backwardness. The article demonstrates that the actual situation is very different. It is shown that this is due to the globalization that the developing countries are generally growing much faster than the developed states, the World System core starts weakening (...) and its periphery begins to strengthen. At the same time there is a continuing divergence between the main bulk of developing countries and the group of the poorest developing states. The article also explains why the globalization was bound to lead to the explosive rise of many developing countries and the relative weakening of the developed economies. In the forthcoming decades this trend is likely to continue (though, of course, not without certain interruptions). It is also demonstrated that this convergence constitutes a necessary condition for the next technological breakthrough. (shrink)

Eva Schmidt argues that facts about incoherent beliefs can be non-evidential epistemic reasons to suspend judgment. In this commentary, I argue that incoherence-based reasons to suspend are epistemically superfluous: if the subjects in Schmidt’s cases ought to suspend judgment, then they should do so merely on the basis of their evidential reasons. This suggests a more general strategy to reduce the apparent normativity of coherence to the normativity of evidence. I conclude with some remarks on the independent interest that reasons-first (...) epistemology might have within an evidentialist framework. (shrink)

In Propelled, Elpidorou persuasively argues that the three prima facie undesirable conditions of boredom, frustration and anticipation are, in fact, importantly valuable to human life. His method is an interesting combination of existentialist explorations and reporting of cognitive science research, all written in a style more friendly to the analytic-philosophical tradition. However, I argue, the book’s precision and depth of philosophical analysis have some limitations. This is so in two main respects: first, in the relative lack of discussion of important (...) philosophical antecedents, and secondly, in the relative lack of critical engagement with some of the empirical literature the book discusses. (shrink)

In this Précis, I provide an overview of my Monograph Knowing and Checking: An Epistemological Investigation (Melchior 2019), which is subject to a book symposium organized by the University of Maribor. This volume in Acta Analytica contains contributions by Peter Baumann, Kelly Becker, Marian David, Nenad Miščević, Robert Weston Siscoe, and Danilo Šuster along with my replies.

Philosophers have often noted a contrast between practical and theoretical reasons when it comes to cases involving equally balanced reasons. When there are strong practical reasons for A-ing, and equally strong practical reasons for some incompatible option, B-ing, the agent is permitted to make an arbitrary choice between them, having sufficient reason to A and sufficient reason to B. But when there is strong evidence for P and equally strong evidence for ~ P, one isn’t permitted to simply believe one (...) or the other. Instead, one must withhold belief, neither believing that P nor believing that ~ P. This paper examines what explains this contrast, focusing in particular on a proposal recently developed by Mark Schroeder across several papers. Schroeder aims to explain the contrast by an appeal to non-evidential, epistemic reasons against belief. But, I argue, it’s not clear exactly what those reasons are, nor how those reasons are to be weighed against evidential reasons. Despite these challenges, I argue that there are grounds for optimism that the contrast can be explained within the broad framework Schroeder provides, and I aim to provide resources to meet the aforementioned challenges. (shrink)

Over the last six decades work-life balance emerged as an important human resource management aspect for employers. Globally, a wide gamut of work-life balance facilities is being provided by a large number of organisations. The recent economic downturn has witnessed a sudden interruption in the spread and growth of work-life balance facilities at the organisational level. This paper presents the key recessionary reasons which have negatively influenced employee work-life balance. Further, important recession specific benefits which organisations can avail due to (...) enhanced employee work-life balance have been presented, followed by suggestions for adapting work-life balance facilities under current economic downturn as well as in any such situation in the future. (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

Political fact-checkers evaluate the truthfulness of politicians’ claims. This paper contributes to an emerging scholarly debate on whether fact-checkers treat political parties differently in a systematic manner depending on their ideology (bias). We first examine the available approaches to analyze bias and then present a new approach in two steps. First, we propose a logistic regression model to analyze the outcomes of fact-checks and calculate how likely each political party will obtain a truth score. We test our model with (...) a sample of fact-checks from Newtral, a major Spanish fact-checker. Our model would signal bias under two assumptions: a) all political parties are on average equally accurate in their statements; b) the verification method gives precise instructions and is implemented systematically. We investigate this second assumption with a series of interviews with Newtral fact-checkers. We show that standard verification protocols are so loosely implemented that fact-checks reflect a set of journalistic decisions, rather than a bias in the statistical sense. We call for a more rigorous definition of verification methods as a pre-requisite for an unbiased assessment of politician’s claims. (shrink)

This paper concerns model-checking of fragments and extensions of CTL* on infinite-state Presburger counter systems, where the states are vectors of integers and the transitions are determined by means of relations definable within Presburger arithmetic. In general, reachability properties of counter systems are undecidable, but we have identified a natural class of admissible counter systems (ACS) for which we show that the quantification over paths in CTL* can be simulated by quantification over tuples of natural numbers, eventually allowing translation of (...) the whole Presburger-CTL* into Presburger arithmetic, thereby enabling effective model checking. We provide evidence that our results are close to optimal with respect to the class of counter systems described above. (shrink)

The claim that we live in a post-truth era has led to a significant body of work across different disciplines exploring the phenomenon. Many have sought to investigate the role of fake news in bringing about the post-truth era. While this work is important, the narrow focus on this issue runs the risk of giving the impression that it is mainly new forms of media that are to blame for the post-truth phenomenon. In this paper, we call attention to the (...) ways in which journalistic practices in traditional forms of media also play an important role in contributing to a post-truth environment. We will do so by focusing on one particular practice common in news journalism. False balance involves presenting two sides of a debate as more equal than is justified by the evidence. We will argue that although false balance does not constitute fake news, it does contribute to an environment in which truth is devalued. By obscuring what counts as evidence and who qualifies as an authority, false balance legitimizes post-truth attitudes. We finish by outlining the virtues that journalists should develop in order to guard against false balance. While fake news is made more likely when journalists possess the vices of dishonesty, prejudice or corruption, we argue that focusing too much on guarding against these vices may actually make false balance more likely. In order to be responsible gatekeepers and to avoid false balance, journalists must also develop the virtues of wisdom, vigilance, courage, care and justice. (shrink)

There is a familiar problem in moral theories that recognize positive obligations to help others related to the practical room these obligations leave for ordinary life, and the risk that open-ended obligations to help others will consume our lives and resources. Responding to this problem, Kantians have tended to emphasize the idea of limits on positive obligations but are typically unsatisfactorily vague about the nature and extent of these limits. I argue here that aspects of Kant’s discussion of duties of (...) virtue owed to ourselves suggest a useful metric we can use in discussing these limits and that generalizing this account and combining it with elements of Barbara Herman’s view, offers us an attractive model of moral deliberation with the resources we need to engage the critic’s challenge properly. (shrink)

Common goods and political sovereignty of nation-states are intertwined, since without government the orderly treatment of common goods would be unlikely. But large corporations, especially global multinationals, reshape and restrict national sovereignty through economic forces. Consequently, corporations have specific social responsibilities. This article articulates those responsibilities as they pertain to managing common goods.

The point of departure of this paper is the striking similarities between the dispositions critical media literacy education aims to cultivate and the characteristics conspiracy theorists claim to embody. The golden question of critical literacy, “who benefits?” is in fact the central question of conspiracy theorists: “cui bono?” While critical media literacy educators teach learners to disrupt the common sense, to interrogate multiple viewpoints, to focus on sociopolitical issues, and to take actions and promote social justice, conspiracy theorists claim that (...) they do exactly those things. What I wish to illuminate through this juxtaposition, however, is not a way to clearly demarcate “critical” from “conspiratorial” theorizing, but is a question of educational desirability of skepticism. Skepticism in this paper is not understood as a classical epistemological question of the possibility of knowledge attainment, but as a form of vigilance toward epistemic authorities like the government, media, and academic institutions. Drawing on philosophy of conspiracy theories and political epistemology, I illuminate the problem of radical skepticism that characterizes some conspiracy theories and discuss the pivotal epistemic role of trust. Through this, I claim that critical media literacy education for democratic citizenship must strike a balance between cultivation of skepticism and building of trust toward epistemic authorities. (shrink)

Control measures, such as “lockdowns”, have been widely used to suppress the COVID-19 pandemic. Under some conditions, they prevent illness and save lives. But they also exact an economic toll. How should we balance the impact of such policies on individual lives and livelihoods (and other dimensions of concern) to determine which is best? A widely used method of policy evaluation, benefit–cost analysis (BCA), answers these questions by converting all the effects of a policy into monetary equivalents and then summing (...) them up. A different method, social welfare analysis, proceeds by determining the effects of a policy on individual wellbeing and then applying an aggregation formula to them to evaluate the overall effects of a policy. In this chapter, we survey these methods and argue that social welfare analysis has important advantages. One crucial advantage is that it enables ethical considerations relating to the impact of policies on individual wellbeing and its distribution to be incorporated into policy assessments in a transparent way. We illustrate this with a simple numerical model for evaluating pandemic policies that vary in terms of the stringency of the controls that they impose on individual behaviour, showing how the evaluation depends on the ethical significance accorded to their impact on the wellbeing of different age and income groups. (shrink)

Concerns about emerging and re-emerging infectious diseases have given a new lease of life to quarantinist measures: a series of time-honoured techniques for controlling the spread of infectious diseases through breaking the chain of human contagion. Since such measures typically infringe individual rights or privacy their use is subject to legal regulations and gives rise to ethical and political worries and suspicions. Yet in some circumstances they can be very effective. After considering some case studies that show how epidemics are (...) unique, fluid and affected by a multitude of contingent factors, it is argued that the legal and ethical guidelines may not always be the best approach to discipline the use of quarantinist measures. An alternative model based on ex-post political accountability for reasonableness is proposed. This model restores the centrality of political decision and expert judgement in situations characterized by high risk, uncertainty and contingency. It is argued that such alternative model affords quicker and more flexible responses to serious outbreaks of infections, while providing adequate protection against abuses. (shrink)

Factors influencing work-life balance are evolving at a very fast pace, thus creating a fecund ground for innovative work-life balance tools and techniques. The increasing significance of expatriates in the global workforce necessitates a targeted set of work-life balance initiatives to help expatriate workers contribute more effectively in the competitive work environment. Health and recreation are the two important life spheres which play a very important role in success or failure of an expatriate assignment. While work-life balance researches are being (...) conducted globally in plenty, yet research on expatriate adjustment and expatriate work-life balance is still in its nascent stage especially in an expatriate dominated work environment in the Gulf Cooperation Council (GCC) countries. This research paper investigates the health and recreation spheres of expatriate academicians working in private higher education institutes in Bahrain, Oman and the UAE. The research paper illustrates and evaluates the health and recreation spheres in relation to the demographic factors of the respondents and suggests ways to improve work-life balance of expatriate employees. (shrink)

Experimental balance is usually understood as the control for the value of the conditions, other than the one under study, which are liable to affect the result of a test. We will discuss three different approaches to balance. ‘Millean balance’ requires to identify and equalize ex ante the value of these conditions in order to conduct solid causal inferences. ‘Fisherian balance’ measures ex post the influence of uncontrolled conditions through the analysis of variance. In ‘efficiency balance’ the value of the (...) antecedent conditions is decided ex ante according to the efficiency they yield in the estimation of the treatment outcome. Against some old arguments by John Worrall, we will show that in both Fisherian and efficiency balance there are good reasons to randomize the allocation of treatments, in particular when there is no agreement among experimenters as to the antecedent conditions to be controlled for. (shrink)

During the second half of 20th century, with work demands increasingly encroaching on family and personal time at a faster pace, employers acknowledged the need of work-life balance programmes to facilitate employees maintain a healthy balance between the conflicting demands of their work and personal life. Availability of work-life balance facilities to employees witnessed a phenomenal growth between the late eighties of the 20th century and early years of the 21st century. This growth has been abruptly interrupted by the current (...) economic downturn. Increasing numbers of organisations, in the name of cost cutting, have either curtailed work-life balance facilities or are contemplating to do the same. This paper analyses the emergence of work-life balance discourse, from the days of early communal living till the present day theories, and presents a macro level model of work-life balance. Further, a detailed analysis of proven and anticipated benefits of work-life balance is presented to justify the need of work-life balance initiatives at organisational level during the present economic downturn. (shrink)

In the long history of moral theory, non-human animals—hereafter, just animals—have often been neglected entirely or have been relegated to some secondary status. Since its emergence in the early 19th century, utilitarianism has made a difference in that respect by focusing upon happiness or well-being (and their contraries) rather than upon the beings who suffer or enjoy. Inevitably, that has meant that human relations to and use of other animals have appeared in a different light. Some cases have seemed easy: (...) once admit that the interests of animals matter and there can be little hesitation in condemning their cruel treatment. Among the more difficult cases has been the bearing of utilitarianism upon the use of animals in various kinds of research where, though the animals might suffer, there were believed to be prospects of great human benefit and where no cruel or malicious motives need be involved. What I shall provide in the current paper is an extended discussion of the bearing of utilitarianism upon practices of animal research. Since such practices have attracted both utilitarian criticism and defense, this will require the examination of arguments on both sides, including consideration of the human benefits, the animal costs, and the ways in which the one can be weighed against the other. (shrink)

Aim: This paper assessed the relationship of the university teachers’ work-life balance with their work commitment in Jimei University Chengyi College in creating dynamics on managing competing demands aligned with personal and professional satisfaction. -/- Methodology: A descriptive research design was used in this study. The research locale is at Jimei University Chengyi College. The purposive sampling technique was used. This study used statistical treatment wherein responses were summarized, classified, and tabulated using statistical treatment such as frequency, percentage, weighted mean, (...) standard deviation and Likert scale. -/- Results: The overall mean of 3.52 shows that the teachers strongly agree that the work-life-school balance is very highly manifested in their lives and that they are able to juggle the different responsibilities in both their personal and professional lives. Teacher’s commitment is shown to a very great extent and is indicative of their commitment being very highly manifested which shows that the teachers are very committed to their task as a teacher. Comparing the assessment of the teacher respondents on their relationship between level of work-life-school balance and work commitment, the R-value indicates a weak positive correlation between the teacher’s level of work-life-school balance and work commitment. -/- Conclusion: Teachers experience feelings of anxiety or depression if the balance between the three aspects of their lives, their work, the school, and their personal lives, is disrupted. They constantly think about many other things about their work and their personal life that ‘easily’ relaxing might not be the easiest thing to do. Teachers strongly agree that the work-life-school balance is very highly manifested in their lives and that they are able to juggle the different responsibilities in both their personal and professional lives. (shrink)

Card argues that we should not give injustice priority over evil. I agree. But I think Card sets us up for some difficult balancings, for example of small evils against middle sized injustices. I suggest some ways of staying off the tightrope.

This paper replies to the comments made in Acta Analytica by Peter Baumann, Kelly Becker, Marian David, Nenad Miščević, Wes Siscoe, and Danilo Šuster on my Knowing and Checking: An Epistemological Investigation (Routledge 2019), hereinafter abbreviated as KC. These papers resulted from a workshop organized by the department of philosophy of the University of Maribor. I am very thankful to the organizers of the workshop and to the authors for their comments.

Mentalities like scientism and relativism idealise or belittle science respectively, and thus hurt science education and our literacy. However, it seems very hard to avoid the former mentality without sliding to the latter, and vise versa. I will suggest that part of what makes balancing between the two so difficult, is a representational account of meaning that science educators, like most of us really, usually endorse. Scientism then, arises from the assumption that ​there is such a thing called science​. Relativism, (...) on the other hand, assumes that ​there is no such thing called science,t​hereisnorealmeaningattachedtotheterm​.Wittgenstein'sremarksonrule-following then, could help us escape this twofold danger. Addressing scientism, Wittgensteinian writings remind us that, in order to understand the sciences, we do not need to point to some mental referendum of what science is. We rather need to grasp a matrix of overlapping, often implicit, always evolving rules that govern scientific practices. Addressing relativism, Wittgenstein's comments help us realise that there are always certain criteria about what kinds of things we call by a name; there are rules governing scientific practices, rules that even though they may be context dependent or evolving, are always in play. (shrink)

Alongside the direct parallels and contrasts between traditional narrative fiction and games, there lie certain partial analogies that provide their own insights. This article begins by examining a direct parallel between narrative fiction and games—the role of fictional reliefs and reality checks in shaping aesthetic engagement—before arguing that from this a partial analogy can be developed stemming from a feature that distinguishes most games from most traditional fictions: the presence of rules. The relation between rules and fiction in games (...) has heretofore been acknowledged but not examined in detail, giving an impression of a tension that is constant. However, the paired concepts of formal reliefs and representation checks, once introduced, allow us to explain how rules and fiction interact to alter the ways in which players engage with games in a dynamic but limited way. (shrink)