This chapter contains sections titled: The Philosophical Context in Jena around 1800 A Metaphysics of Freedom Analytic and Synthetic Philosophy Metaphysics of Humanity Socioeconomic Philosophy The Natural World Harmonious Freedom Krause's Philosophy in Spain Ideal de la humanidad (the ideal of humanity) Latin American Reception Conclusion References Further Reading.

What is the status of a cat in a virtual reality environment? Is it a real object? Or part of a fiction? Virtual realism, as defended by D. J. Chalmers, takes it to be a virtual object that really exists, that has properties and is involved in real events. His preferred specification of virtual realism identifies the cat with a digital object. The project of this paper is to use a comparison between virtual reality environments and scientific computer simulations to (...) critically engage with Chalmers’s position. I first argue that, if it is sound, his virtual realism should also be applied to objects that figure in scientific computer simulations, e.g. to simulated galaxies. This leads to a slippery slope because it implies an unreasonable proliferation of digital objects. A philosophical analysis of scientific computer simulations suggests an alternative picture: The cat and the galaxies are parts of fictional models for which the computer provides model descriptions. This result motivates a deeper analysis of the way in which Chalmers builds up his realism. I argue that he buys realism too cheap. For instance, he does not really specify what virtual objects are supposed to be. As a result, rhetoric aside, his virtual realism isn’t far from a sort of fictionalism. (shrink)

This chapter uncovers a less investigated aspect of the relationship between the two most important scholastic schools of the Renaissance, Thomism and Scotism: the influence of Scotist literature on distinctions as seen in some sixteenth-century Thomists. The chapter has a primary focus on Chrysostomus Javelli’s engagement in his discussion of divine attributes with the Scotist doctrine of distinctions, but also considers other Thomist sources. First, the beginnings of the highly specialised Scotist literature on distinctions are traced back to the start (...) of the fourteenth century; I show how some early followers of Duns Scotus, in particular Francis of Meyronnes and Petrus Thomae, systematised Scotus’ ontology of the various grades of being by compiling lists of subtle distinctions to be applied to various levels of reality. I give some indications as to the later reception of these models of distinctions in the Scotist school. Special attention is paid to Étienne Brulefer, since his summary of Petrus Thomae’s model of seven distinctions was Javelli’s source for the Scotist doctrine. I then investigate how Javelli worked with Brulefer’s summary, and how he sought to integrate the Scotist doctrine into his own discussion of divine attributes. Thomists traditionally allowed only a rational or mental kind of distinction among divine attributes, and between them and the divine essence. Javelli, however, endeavours to show how the Thomist position may be reconciled with the Scotist doctrine of a formal or ex natura rei distinction. He did not always endorse this conciliatory approach; I hypothesise that he changed his mind on the subject over time. Finally, I show how other Renaissance Thomists reacted to the Scotist system of distinctions; in particular, I draw attention to the Thomists Andreas Bodenstein von Karlstadt, Bartolomeo Manzoli, and Mattia Gibboni da Aquario, who all wrote treatises on Thomist distinction theory modelled on the Scotist system of distinctions. In some of this literature, lists of distinctions based on Thomist metaphysics were compiled in order to replace the Scotist system. I argue that Javelli’s approach is more conciliatory and, in fact, has some overlap with the concordist thought of Giovanni Pico della Mirandola, who himself considered Scotus and Aquinas to be in fundamental agreement as regards the distinction between divine attributes. (shrink)

In den vergangenen Jahren hat die Europäische Union (EU) wiederholt versucht, ihre Institutionen zu reformieren. Als der Entwurf für eine Europäische Verfassung und später der Vertrag von Lissabon ausgehandelt wurden, betraf einer der meistdiskutiertesten Streitpunkte die Frage, nach welcher Entscheidungsregel der EU-Ministerrat abstimmen sollte. Diese Frage ist eine genuin normative Frage. Deshalb sollten auch politische Philosophen und Ethiker etwas zu dieser Frage beitragen können. Im folgenden wollen wir uns dieser Herausforderung stellen und alternative Entscheidungsregeln für den EU-Ministerrat bewerten. Dabei erweisen (...) sich die Methoden der probablistische Modellierung und der Simulation sozialer Prozesse als unerlässlich.1 Damit wird deutlich, wie Simulationen auch innerhalb der angewandten politischen Philosophie als Methode eingesetzt werden können. (shrink)

In this exploration of self-identity, I argue that the self is not a standalone entity but an integral part of a broader consciousness. Deep meditation reveals the self as a construct beyond egoistic confines, interlinked with the external world and others' experiences. Decisions arise from an awareness that transcends individual ego, suggesting that our sense of self is an inexhaustible center of dynamic consciousness rather than an ultimate emptiness.

Bartolomeo Mastri’s Disputations on Metaphysics is the single most important work on metaphysics produced in the Scotist school during the Early Modern period. This contribution guides through the work by highlighting a selection of key passages that convey an impression of its historical-literary context, its subject matter, its main motifs and scientific aims, but also its limitations. Especially, we see Mastri emphasizing the theological aspect of theology, though he in the end refrains from exploring this aspect of metaphysics within his (...) work on metaphysics. I suggest that this discrepancy between Mastri’s concept of metaphysics and his work on metaphysics showcases the difficulty of organizing this discipline during the phase of transition from the traditional commentary format typical of medieval scholasticism to the Early Modern scholastic Cursus philosophicus literature. (shrink)

There are striking parallels between current capability theories and the moral philosophy of Karl Christian Friedrich Krause. This article reconstructs central arguments of Krause’s ethics and correlates them with passages from the works of Martha Nussbaum, showing that such similarities extend not only to what, substantially, is being professed in either philosophy but also, procedurally, to the question of how the respective moral conclusions are reached. As Krause correlates responsibility with capability, the article begins with an examination of Krause’s idea (...) of human — as compared to animal — freedom and their respective normative implications. Next, the argument is extended to the social responsibilities of personal freedom, before widening the scope to the cosmopolitan plane. The paper then briefly examines historical links between Krause and current capability theorists, before concluding. (shrink)

Abstract The first part argues that being an image is an (at least) four part relation between the image itself (x2), properties of recipients (B), the object (x3), and properties of the object (M). Referring to Grice, Schiffer, and Meggle, a distinction is made between communicativity and non-communicativity (manipulativity) of x2 regarding to B, x3, and M. The second part substitutes sign and image by explicates that denote properties relevant for x2 being an image regarding to B, x3, and M, (...) making thus clear why images are signs. Intentional relations and causal relations are the basis of this explication (influenced by Posner) that is also meant to give an idea of those properties that are typical of pieces of fine arts and of some other cultural practices. Additionally, it helps in understanding the difference between typical images and more abstract symbols. -/- Im ersten Abschnitt werden Gründe dafür genannt, Bildsein als mindestens vierstellige Beziehung aufzufassen: als Beziehung zwischen dem Bild (x2), Rezipienteneigenschaften (B), dem Bildgegenstand (x3) und Eigenschaften (M) des Bildgegenstandes. Dabei wird – anknüpfend an Grice, Schiffer und Meggle – zwischen Kommunikativität und NichtKommunikativität (Manipulativität) von x2 bzgl. B, x3 und M unterschieden. Im zweiten Abschnitt wird die Rede von ›Zeichen‹ und von ›Bildsein‹ ersetzt durch Explikate, die Eigenschaften bezeichnen, welche relevant dafür sind, dass x2 ein Bild bzgl. B, x3 und M ist – derart, dass deutlich wird, inwiefern Bilder Zeichen sind. Basis dieser – von Posner angeregten – Explikationen sind intentionale Beziehungen und Bewirken. Aus den Begriffspräzisierungen ergeben sich Einsichten sowohl in Bezug auf Eigenschaften, die typisch für Werke Bildender Kunst und einige andere kulturelle Praktiken sind, als auch in Bezug auf eine Abgrenzung zentraler Vertreter der Kategorie ›Bild‹ von eher nur bildhaften Symbolen. (shrink)

Das Hauptargument dieses Buches ist die unleugbare Offenheit jedes Systems zum Unbekannten hin. Und die Grundfrage lautet: Was ergibt sich aus dieser Offenheit? Wir sind ein Teil des unendlichen Universums und eine Verkörperung seiner Ganzheit. Beides bedeutet für uns eine individualisierte Wirklichkeit, durch die sich das Universum ausdrückt und durch die es andererseits mit gebildet wird. Es bedeutet ebenfalls unsere Notwendigkeit, Wichtigkeit und Unzerstörbarkeit für die Gesamtheit seiner Verkörperungen. Die meisten Verbindungen untereinander sind uns kaum bewusst. Indessen gewährleistet die Infinitesimalstruktur (...) allen Bewusstseins nicht nur die logische Widerspruchsfreiheit dieser Verbindungen, sondern auch die unaufhebbare Wahlfreiheit jedes einzelnen Individuums. Unser Ziel kann jedoch keineswegs darin liegen, vollkommen bewusst zu entscheiden. Verantwortung schließt Spontanität beziehungsweise das Vertrauen auf ein sinnvolles Zusammenwirken der Kräfte ein. Wir werden unserer Rolle im Gesamtzusammenhang zunehmend gewahr und lernen, einen optimalen Beitrag zur Werterfüllung aller Individuen, einschließlich uns selbst, zu leisten. Jenseits der vermeintlichen Unterschiede zwischen objektiver und subjektiver Wirklichkeit begreifen wir, dass wir unsere Realität aus unserem tiefsten Innern heraus erschaffen. (shrink)

The mean majority deficit in a two-tier voting system is a function of the partition of the population. We derive a new square-root rule: For odd-numbered population sizes and equipopulous units the mean majority deficit is maximal when the member size of the units in the partition is close to the square root of the population size. Furthermore, within the partitions into roughly equipopulous units, partitions with small even numbers of units or small even-sized units yield high mean majority deficits. (...) We discuss the implications for the winner-takes-all system in the US Electoral College. (shrink)

This paper details the content and structure of the folk concept of life, and discusses its relevance for scientific research on life. In four empirical studies, we investigate which features of life are considered salient, universal, central, and necessary. Functionings, such as nutrition and reproduction, but not material composition, turn out to be salient features commonly associated with living beings (Study 1). By contrast, being made of cells is considered a universal feature of living species (Study 2), a central aspect (...) of life (Study 3), and our best candidate for being necessary for life (Study 4). These results are best explained by the hypothesis that people take life to be a natural kind subject to scientific scrutiny. (shrink)

We will begin with seemingly simple interactions in our daily lives, examine how they originate on a deeper level, come to understand the essentials of consciousness, and finally recognize that we create our reality in its entirety. In the course of this quest, we will uncover little-heeded paths to accessing our subconscious, other individuals, and that which can be understood by the term "God". And the solution to the classical problem of free will constitutes the gist of the concepts is (...) thus revealed. The present text is a very abridged version of a book I wrote out of the desire to examine the structure of our reality from a standpoint unbiased by established teachings, be they academic- scientific, popular- esoteric, or religious in nature. (shrink)

The uniqueness of each standpoint, each point of effect, can only be "overcome" by the standpoint changing to other standpoints and returning. In such alternation, which can also appear as constant change, lies the unity of the world. The wholeness of an alternation, however, is a structure of consciousness due to the special relationship between the circumscribing periphery and the infinitesimal center. This process structure unites determinacy and indeterminacy also totally in every place. Therefore, everywhere we are dealing with forms (...) of consciousness with more or less freedom of choice and an increasingly unknown depth. We live in a world of choosing consciousness, or rather awareness. In this respect, our environment expresses a deep truth about ourselves. (shrink)

Can we trace back consciousness, reality, awareness, and free will to a single basic structure without giving up any of them? Can the universe exist in both real and individual ways without being composed of both? This dialogue founds consciousness and freedom of choice on the basis of a new reality concept that also includes the infinite as far as we understand it. Just the simplest distinction contains consciousness. It is not static, but a constant alternation of perspectives. From its (...) entirety and movement, however, there arises a freedom of choice being more than reinterpreted necessity and unpredictability. Although decisions ultimately involve the whole universe, they are also free in varying degrees here and now. The unity and openness of the infinite enables the individual to be creative while this creativity directly and indirectly enters into all other individuals without impeding them. A contrary impression originates only in a narrowed awareness. But even the most conscious and free awareness can neither anticipate all decisions nor extinguish individuality. Their creativity is secured. (shrink)

This article is not an attempt to explain consciousness in terms basically of quantum physics or neuro-biology. Instead I should like to place the term "Consciousness" on a broader footing. I shall therefore proceed from everyday reality, precisely where we experience ourselves as conscious beings. I shall use the term in such a general way as to resolve the question whether only a human being enjoys consciousness, or even a thermostat. Whilst the difference is considerable, it is not fundamental. Every (...) effect exists in the perception of a consciousness. I elaborate on its freedom of choice, in my view the most important source of creativity, in a similarly general way. The problems associated with a really conscious decision do not disappear by mixing determination with a touch of coincidence. Both must enter into a higher unity. In so doing it will emerge that a certain degree of freedom of choice is just as omnipresent as consciousness - an inherent part of reality itself. (shrink)

What George Spencer-Brown wants to rationalize out of existence is alternation itself – the prerequisite of his whole operation. By that he simplifies (identifies) more than he says. And he does not say all that is important.

Everything is in motion. "Inertness" arises from (approximative) repetition, that is, through rotation or an alternation that delineates a focus of consciousness. This focus of consciousness, in turn, must also move/alternate (the two differ only in continuity). If its alternation seems to go too far - physically, psychically or intellectually - it reaches into the subconscious. In this way, interconnection is established by the alternation of the focus of consciousness. Therefore, in a world in which everything is interconnected, all focuses (...) must reciprocally transition into each other. "Reality" is a common "goal", a focus which all participants can switch into and which is conscious to them as such, as a potential one. Its "degree of reality" is the probability of its fully becoming conscious (or more simply: its current degree of consciousness). Thus, a reality is created when all participants increase its probability or, respectively, their consciousness of it. (shrink)

Biosemiotics is a growing fi eld that investigates semiotic processes in the living realm in an attempt to combine the fi ndings of the biological sciences and semiotics. Semiotic processes are more or less what biologists have typically referred to as “ signals, ” “ codes, ”and “ information processing ”in biosystems, but these processes are here understood under the more general notion of semiosis, that is, the production, action, and interpretation of signs. Thus, biosemiotics can be seen as biology (...) interpreted as a study of living sign systems — which also means that semiosis or sign process can be seen as the very nature of life itself. In other words, biosemiotics is a field of research investigating semiotic processes (meaning, signification, communication, and habit formation in living systems) and the physicochemical preconditions for sign action and interpretation. -/- (...). (shrink)

The main argument in this book is the undeniable openness of every system to the unknown. And the fundamental question goes: What does this openness produce? We are a part of the infinite universe and an incorporation of its wholeness. Both for us means an individualized reality, through which the universe expresses itself and on the other hand through which it is built up with. It also means our necessity, importance and indestructibility for the sum of its incorporations. Most connections (...) among ourselves are hardly conscious for us. Meanwhile the infinitesimality structure of all consciousness guarantees not only the logical lack of inconsistency of these connections but also the freedom of choice of every individual. Our goal by no means can be to decide completely consciously. Responsibility contains spontaneity or rather trust in a meaningful working together of the forces. We increasingly become aware of our role in the entire relationship and we learn to contribute optimally to the value fulfillment of all individuals, ourselves included. Beyond the supposed differences between objective and subjective reality, we at some point of awareness comprehend that we create our reality out of our innermost depths. (shrink)

Over the last decades, network-based approaches have become highly popular in diverse fields of biology, including neuroscience, ecology, molecular biology and genetics. While these approaches continue to grow very rapidly, some of their conceptual and methodological aspects still require a programmatic foundation. This challenge particularly concerns the question of whether a generalized account of explanatory, organisational and descriptive levels of networks can be applied universally across biological sciences. To this end, this highly interdisciplinary theme issue focuses on the definition, motivation (...) and application of key concepts in biological network science, such as explanatory power of distinctively network explanations, network levels, and network hierarchies. (shrink)

Karl Christian Friedrich Krause left an impressive oeuvre consisting of 256 books and articles, covering numerous branches of philosophy, the humanities, and science.[1] His Urbild der Menschheit, his Vorlesungen über das System der Philosophie and his Vorlesungen über die Grundwahrheiten der Wissenschaft are of particular pertinence for philosophers today. [1] See: E. M. Ureña and E. Fuchs, “Einführung in das Gesamtwerk”, in Karl Christian Friedrich Krause. Band 1: Entwurf des Systems der Philosophie, ed. T. Bach and O. Breidbach.

This article is an account of an electronic discussion which took place between November 1995 and June 1996. A number of specialists in relevant research areas had been invited to take part in the discussion from the very beginning, and some were added later. Altogether 30 individuals subscribed to the list. The “target paper,” written by Allen Renear, was sent to the list on November 27, 1995. The target paper alone comprised 8,500 words. The ensuing discussion, to which 9 of (...) the members on the list made one or more individual contributions, comprises 30 entries of altogether 37,000 words. It is the function of this printed article to provide a brief summary and a key to the full electronic discussion which accompanies it. (shrink)

Statements such as “X is beautiful but I don’t like how it looks” or “I like how X looks but it is not beautiful” sound contradictory. How contradictory they sound might however depend on the object X and on the aesthetic adjective being used (“beautiful”, “elegant”, “dynamic”, etc.). In our study, the first sentence was estimated to be more contradictory than the latter: If we describe something as beautiful, we often intend to evaluate its appearance, whereas it is less counterintuitive (...) to appreciate an appearance without finding it beautiful. Furthermore, statements including “beautiful” appeared more contradictory than those including “elegant” and “dynamic”, pointing to its greater evaluative component. When related to artworks, sentences could appear less contradictory due to readers’ consideration of the divergence between conventional beauty and art-related sensory pleasures that can even include negative valence. Such ambivalence might be more frequent in art-objects than in other artefacts. Indeed, in our study, sentences referring to artworks were estimated to be less contradictory compared to sentences referring to other artefacts. Meanwhile, an additional small group of graphic design students showed a less clear difference between art-related and non-art-related sentences. We discuss the potential influence of art experience and interest as well as theoretical and methodological challenges like the conceptualization of beauty. (shrink)

Terms loaded with informational connotations are often employed to refer to genes and their dynamics. Indeed, genes are usually perceived by biologists as basically ‘the carriers of hereditary information.’ Nevertheless, a number of researchers consider such talk as inadequate and ‘just metaphorical,’ thus expressing a skepticism about the use of the term ‘information’ and its derivatives in biology as a natural science. First, because the meaning of that term in biology is not as precise as it is, for instance, in (...) the mathematical theory of communication. Second, because it seems to refer to a purported semantic property of genes without theoretically clarifying if any genuinely intrinsic semantics is involved. Biosemiotics, a field that attempts to analyze biological systems as semiotic systems, makes it possible to advance in the understanding of the concept of information in biology. From the perspective of Peircean biosemiotics, we develop here an account of genes as signs, including a detailed analysis of two fundamental processes in the genetic information system (transcription and protein synthesis) that have not been made so far in this field of research. Furthermore, we propose here an account of information based on Peircean semiotics and apply it to our analysis of transcription and protein synthesis. (shrink)

I argue that imperatives express contents that are both cognitively and semantically related to, but nevertheless distinct from, modal propositions. Imperatives, on this analysis, semantically encode features of planning that are modally specified. Uttering an imperative amounts to tokening this feature in discourse, and thereby proffering it for adoption by the audience. This analysis deals smoothly with the problems afflicting Portner's Dynamic Pragmatic account and Kaufmann's Modal account. It also suggests an appealing reorientation of clause-type theorizing, in which the cognitive (...) act of updating on a typed sentence plays a central role in theorizing about both its semantics and role in discourse. (shrink)

This paper argues that "that"-clauses do not reference propositions because they are not intersubstitutible with other expressions that do reference propositions. In particular, "that"-clauses are shown to not be intersubstitutible with propositional anaphors like "so." The substitution failures are further argued to support a semantics on which "that"-clauses are predicates.

This study examined the usage of the relative clause as a wealthy, crucial and complicated syntactic procedure in modern English Literature through the examination of Amaka Azuike’s Violated, a short play. The study determined the use of relative clauses in terms of their frequency of occurrence and type used, and it showed that English language speakers mostly attempt to use the "easier" type of the relative clauses to combine sentences for clarity of relaying messages. The paper extracted examples of relative (...) clauses from Violated to determine its aim of identifying the types of relative clauses used and the frequency of occurrence as well as the functions of the relative clauses in the play. The study also exposed the clarity the reader derives from the author’s use of relative clauses in creating a visible mental picture of issues presented in the story. The study adopted the descriptive grammar framework to account for the way relative clauses have been used in the play by the author. The study found that the author of the text used finite relative clauses and only one complex relative clause. Also, it discovered that the usage of relative clauses made the story quite state-of-the-art in style. (shrink)

The standard view of clauses embedded under attitude verbs or modal predicates is that they act as terms standing for propositions, a view that faces a range of philosophical and linguistic difficulties. Recently an alternative has been explored according to which embedded clauses act semantically as predicates of content-bearing objects. This paper argues that this approach faces serious problems when it is based on possible worlds-semantics. It outlines a development of the approach in terms of truthmaker theory instead.

Hobbs (2010) introduced ‘clause-internal coherence’ (CIC) to describe inferences in, e.g., ‘A jogger was hit by a car,’ where the jogging is understood to have led to the car-hitting. Cohen & Kehler (2021) argue that well-known pragmatic tools cannot account for CIC, motivating an enrichment account familiar from discourse coherence research. An outstanding question is how to compositionally derive CIC from coherence relations. This paper takes strides in answering this question. It first provides experimental support for the existence of CIC (...) via offline evidence that attributive (non-)deverbal adjectives can trigger the same causal inferences within clauses that their predicative counterparts can trigger across clauses, albeit more weakly. To explain the experimental results, we use tools in Segmented Discourse Representation Theory (SDRT), which allows us to show that causal inferences can be derived in various ways, depending on whether deverbal adjectives are used attributively or predicatively. If the former, they are presupposition triggers and the coherence relations Elaboration/Continuation compete with Background; if the latter, Explanation/Result compete with Background. These different competitions -- cashed out in terms of interaction between default axioms -- correlate with the difference in the relative salience of the causal inferences. (shrink)

We investigate a novel use of the English temporal modifier ‘now’, in which it combines with a subordinate clause. We argue for a univocal treatment of the expression, on which the subordinating use is taken as basic and the non-subordinating uses are derived. We start by surveying central features of the latter uses which have been discussed in previous work, before introducing key observations regarding the subordinating use of ‘now’ and its relation to deictic and anaphoric uses. All of these (...) data, it is argued, can be accounted for on our proposed analysis. We conclude by comparing ‘now’ to a range of other expressions which exhibit similar behavior. (shrink)

NPs with intensional relative clauses such as 'the impact of the book John needs to write' pose a significant challenge for trope theory (the theory of particularized properties), since they seem to refer to tropes that lack an actual bearer. This paper proposes a novel semantic analysis of such NPs on the basis of the notion of a variable object. The analysis avoids a range of difficulties that an alternative analysis based on the notion of an individual concept would face.

I draw attention to two questions which arise from: Frege’s underlining in a letter to Russell, some of his remarks in ‘Meine grundlegenden logischen Einsichten’/‘My basic logical insights’, and a plausible thesis regarding indirect Bedeutungen. Addressing these questions is necessary for a proper understanding of Frege’s account of „dass“-sentences/“that”-clauses.

NPs with intensional relative clauses such as 'the book John needs to write' pose a significant challenge for semantic theory. Such NPs act like referential terms, yet they do not stand for a particular actual object. This paper will develop a semantic analysis of such NPs on the basis of the notion of a variable object. The analysis avoids a range of difficulties that a more standard analysis based on the notion of an individual concept would face. Most importantly, unlike (...) the latter, the proposed analysis can be carried over NPs such as 'the number of people that fit into the bus', which describe tropes (particularized properties). (shrink)

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal position? What (...) are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

The central claim of the Parfitian psychological approach to personal identity is that the fact about personal identity is underpinned by a non-branching psychological continuity relation. Hence, for the advocates of the Parfitian view, it is important to understand what it is for a relation to take or not take a branching form. Nonetheless, very few attempts have been made in the literature of personal identity to define the non-branching clause. This paper undertakes this task. Drawing upon a recent debate (...) between Anthony Brueckner and Harold Noonan on the issue, I present three candidates for the non-branching clause. (shrink)

The purpose of this paper is to examine the labor and environment provisions of the US-Jordan FTA.

Noncompete agreements are among the most commonly used methods to restrict employment. Upwards of 38% of American workers, many of which are low-wage workers, have signed noncompete agreements. These agreements effectively hold those workers hostage to their current employer. This project analyzes the use of noncompete clauses in employment contracts with low-wage workers. We show that noncompetes with low-wage workers are not enforceable in the U.S.; employers nevertheless continue to include noncompete clauses in employment contracts with low-wage workers. We survey (...) states’ attempts to regulate the use of (even unenforceable) noncompetes and argue that current legislation is ineffective at preventing employers from including noncompetes in low-wage worker contracts. We argue that employers’ use of (even unenforceable) noncompete agreements with low-wage workers is wrongfully exploitative of those workers, and we provide suggestions for how states can effectively regulate the use of noncompetes, and thus protect low-wage workers from exploitation, using Virginia’s recently passed noncompete bill as a model. (shrink)

The dissertation is a contrastive analysis. It deals with the acquisition of English relative clause (RC) by German and Turkish students(in Germany and Turkey) learning English as a second and third language and attending the 11th grades of a German school. The main question of the study is to find out whether the acquisition of English RCs is more difficult for German or for Turkish learners. The other study is the corpus analysis of the English relative clauses. For this research (...) I have chosen various school books from the fields such as History, Chemistry and Literature. The target is to find out how often the English relative clauses are used. They are from the same school level (11th grade) where I have applied the tests. I wanted to know which difficulties exists for the students. Moreover the frequency of English relative clauses in the school books has been given. (shrink)

The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. Due to (...) an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition — at the level of a constitutional standard — of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of the inviolability of human rights. This term takes different meaning in the context of: 1) inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5) inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning of inviolability. -/- Punktem wyjścia jest analiza argumentacji na rzecz tezy o stosowalności do prawa do ochrony życia (art. 38 Konstytucji RP), klauzuli limitacyjnej określającej warunki ograniczania konstytucyjnych wolności i praw (art. 31 ust. 3). Mimo niemal powszechnej akceptacji tej tezy, nie wytrzymuje ona krytyki opartej na pierwszeństwie, które w polskim porządku prawnym mają zobowiązania traktowe dotyczące praw człowieka, wobec regulacji ustawowych. Ze względu na wzorzec międzynarodowy, który nie przewiduje stosowania klasycznej klauzuli limitacyjnej do prawa do życia, mimo uznania - na poziomie standardu konstytucyjnego - stosowalności klauzuli z art. 31 ust. 3 do art. 38 i ochrony życia w ogóle, stosowalność tej klauzuli będzie uniemożliwiona przy każdej próbie formułowania standardu ustawowego. Autor zwraca uwagę na wadliwość wnioskowania prowadzącego od uznania dopuszczalności pewnych ograniczeń ochrony jakiejś wartości (np. życia) na podstawie wyjątków ex definitione obecnych w standardzie międzynarodowym, do tezy o stosowalności klauzuli limitacyjnej przy kształtowaniu standardu ustawowego w polskim systemie prawnym. (shrink)

I develop a problem for the Fregean Reference Shift analysis of that-clause reference. The problem is discussed by Stephen Schiffer in his recent book The Things We Mean (2003). Either the defender of the Fregean Reference Shift analysis must count certain counterintuitive inferences as valid, or else he must reject a plausible Exportation rule. I consider several responses. I find that the best response relies on a Kaplan-inspired analysis of quantified belief reports. But I argue that this response faces some (...) serious problems. (shrink)

A presente resenha propõe a realizar uma breve análise reflexiva da doutrina do Professor Doutor Claus Roxin. O autor iniciou os seus estudos em direito na Universidade de Hamburgo entre 1950 a 1954, onde se doutorou em 1956 e habilitou em 1962 em Direito e Processo Penal e Teoria Geral do Direito. Lecionou nas Universidades de Hamburgo, Göttingen e Munique, onde é professor catedrático em Direito de Processo Penal e diretor do respectivo Instituto de Direito Penal. Colaborou nos projetos (...) alternativos de Código Penal (1966-1974), Lei de Execução das Penas (1963) e Reforma do Código de Processo Penal (1980). (shrink)

Global society issues are putting increasing pressure on both small and large organizations to communicate ethically at all levels. Achieving this requires social skills beyond the choice of language or vocabulary and relies above all on individual social responsibility. Arguments from social contract philosophy and speech act theory lead to consider a communication contract that identifies the necessary individual skills for ethical communication on the basis of a limited number of explicit clauses. These latter are pragmatically binding for all partners (...) involved and help to ensure that the ground rules of cooperative communication are observed within a group or an organization. Beyond promoting ethical communication, the communication contract clarifies how individual discursive behaviour can be constructively and ethically monitored by group leaders in business meetings. A case study which shows what may happen when ground clauses of ethical communication are violated is presented. The conclusions of the study highlights why attempting to respect the communication contract is in the best interest of all partners at all levels within any group or organization. (shrink)

W NINIEJSZYM opracowaniu analizuję klauzulę dobra wspólnego zawartą w art. 1 Konstytucji Rzeczypospolitej Polskiej z 2 kwietnia 1997 r., zmierzając do uwyraźnienia, w jakim sensie można mówić o jej prawnonaturalnym charakterze (zatem i do zarysowania możliwych znaczeń zwrotu "prawnonaturalny charakter klauzuli dobra wspólnego") oraz do ujawnienia „momentów" prawnonaturalnych, które mogą wchodzić w grę przy interpretacji tej klauzuli.

The standard view of "believes" and other propositional attitude verbs is that such verbs express relations between agents and propositions. A sentence of the form “S believes that p” is true just in case S stands in the belief-relation to the proposition that p; this proposition is the referent of the complement clause "that p." On this view, we would expect the clausal complements of propositional attitude verbs to be freely intersubstitutable with their corresponding proposition descriptions—e.g., "the proposition that p"—as (...) they are in the case of "believes." In many cases, however, intersubstitution of that-clauses and proposition descriptions fails to preserve truth value or even grammaticality. These substitution failures lead some philosophers to reject the standard view of propositional attitude reports. Others conclude that propositional attitude verbs are systematically ambiguous. I reject both these views. On my view, the that-clause complements of propositional attitude verbs denote propositions, but proposition descriptions do not. (shrink)

This paper argues that truth predicates in natural language and their variants, predicates of correctness, satisfaction and validity, do not apply to propositions (not even with 'that'-clauses), but rather to a range of attitudinal and modal objects. As such natural language reflects a notion of truth that is primarily a normative notion of correctness constitutive of representational objects. The paper moreover argues that 'true' is part of a larger class of satisfaction predicates whose semantic differences are best accounted for in (...) terms of a truthmaker theory along the lines of Fine's recent truthmaker semantics. (shrink)

Determiner phrases embedded under a propositional attitude verb have traditionally been taken to denote answers to implicit questions. For example, 'the capital of Vermont' as it occurs in 'John knows the capital of Vermont' has been thought to denote the proposition which answers the implicit question 'what is the capital of Vermont?' Thus, where 'know' is treated as a propositional attitude verb rather than an acquaintance verb, 'John knows the capital of Vermont' is true iff John knows that Montpelier is (...) the capital of Vermont. The traditional view lost its popularity long ago, because it was thought to rest on the controversial assumption that determiner phases embedded under a propositional attitude verb function semantically in the same way as the corresponding wh-clauses. Here we defend the traditional assumption against objections. We then argue that wh-clauses are not to be given a uniform treatment as indirect questions. When occurring under a propositional attitude verb, wh-clauses are better treated as having a predicate-type semantic value. We conclude by considering some possible objections to the predicate view. (shrink)

In this paper, I argue that not only PPs and adverbs can act as predicates of the event argument of the verb, but certain NPs and certain clauses can, as well. I will give syntactic and semantic arguments that NPs that are cognate objects and clauses of (at least some) nonbridge verbs are optional predicates of the event argument of the verb. With respect to clauses, I will argue that for independent reasons the meaning of both independent and embedded sentences (...) can be construed as event-properties, namely as properties of intentional events. (shrink)