The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

It is assumed that the parties to the FTA will carry out their commitments in good faith. Persons and companies would risk capital and may suffer potential loss; therefore FTAs require a strong legal foundation incentivizing stability, transparency and compliance with obligations. -/- The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships (...) among trading partners. (shrink)

The fact that Gilbert Ryle and J.L. Austin seem to disagree about the ordinary use of words such as ‘voluntary’, ‘involuntary’, ‘voluntarily’, and ‘involuntarily’ has been taken to cast doubt on the methods of ordinary language philosophy. As Benson Mates puts the worry, ‘if agreement about usage cannot be reached within so restricted a sample as the class of Oxford Professors of Philosophy, what are the prospects when the sample is enlarged?’ (Mates 1958, p. 165). In this chapter, we (...) evaluate Mates’s criticism alongside Ryle’s and Austin’s specific claims about the ordinary use of these words, assessing these claims against actual examples of ordinary use drawn from the British National Corpus (BNC). Our evaluation consists in applying a combination of methods: first aggregating judgments about a large set of samples drawn from the corpus, and then using a clustering algorithm to uncover connections between different types of use. In applying these methods, we show where and to what extent Ryle’s and Austin’s accounts of the use of the target terms are accurate as well as where they miss important aspects of ordinary use, and we demonstrate the usefulness of this new combination of methods. At the heart of our approach is a commitment to the idea that systematically looking at actual uses of expressions is an essential component of any approach to ordinary language philosophy. (shrink)

The fact that Gilbert Ryle and J.L. Austin seem to disagree about the ordinary use of words such as ‘voluntary’, ‘involuntary’, ‘voluntarily’, and ‘involuntarily’ has been taken to cast doubt on the methods of ordinary language philosophy. As Benson Mates puts the worry, ‘if agreement about usage cannot be reached within so restricted a sample as the class of Oxford Professors of Philosophy, what are the prospects when the sample is enlarged?’ (Mates, Inquiry 1:161–171, 1958, p. 165). In this (...) chapter, we evaluate Mates’s criticism alongside Ryle’s and Austin’s specific claims about the ordinary use of these words, assessing these claims against actual examples of ordinary use drawn from the British National Corpus (BNC). Our evaluation consists in applying a combination of methods: first aggregating judgments about a large set of samples drawn from the corpus, and then using a clustering algorithm to uncover connections between different types of use. In applying these methods, we show where and to what extent Ryle’s and Austin’s accounts of the use of the target terms are accurate as well as where they miss important aspects of ordinary use, and we demonstrate the usefulness of this new combination of methods. At the heart of our approach is a commitment to the idea that systematically looking at actual uses of expressions is an essential component of any approach to ordinary language philosophy. (shrink)

This book is a general defence of Donald Davidson's and G.E.M. Anscombe's 'unifying' approach to the individuation of actions and other events against objections raised by Alvin I. Goldman and others. It is argued that, ironically, Goldman's rival 'multiplying' account is itself vulnerable to these objections, whereas Davidson's account survives them. Although claims that the unifier-multiplier dispute is not really substantive are shown to be unfounded, some room for limited agreement over the ontological status of events is indicated. (...) Davidson's causal criterion of event identity is then defended against charges of triviality or inadequacy. It is concluded that Davidson's criterion is not primarily a criterion for arriving at particular judgments of individuation, but a metaphysical standard for the correctness of such judgments, however arrived at. Contents: Unifiers vs. Multipliers - Davidson's individuation of events - Goldman's act generation - causal, 'by'-relational, and temporal problems - ontology and event constituents - Davidson's causal criterion. This book is unique in providing a detailed survey and analysis of the recent unifier-multiplier dispute, and will be of interest to all researchers in action theory, as well as those working more broadly in metaphysics, philosophy of language, and philosophy of mind. (shrink)

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...) agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

Suppose an inquiring group wants to let a certain view stand as the group's view. But there’s a problem: the individuals in that group do not initially all agree with one another about what the correct view is. What should the group do, given that it wants to settle on a single answer, in the face of this kind of intragroup disagreement? Should the group members deliberate and exchange evidence and then take a vote? Or, given the well-known ways that (...) evidence exchange can go wrong, e.g., by exacerbating pre-existing biases, compromising the independence of individual judgments, etc., should the group simply take a vote without deliberating at all? While this question has multiple dimensions to it—including ethical and political dimensions—we approach the question through an epistemological lens. In particular, we investigate to what extent it is epistemically advantageous and disadvantageous that groups whose members disagree over some issue use deliberation in comparison to voting as a way to reach collective agreements. Extant approaches in the literature to this ‘deliberation versus voting’ comparison typically assume there is some univocal answer as to which group strategy is best, epistemically. We think this assumption is mistaken. We approach the deliberation versus voting question from a pluralist perspective, in that we hold that a group’s collective endeavor to solve an internal dispute can be aimed at different, albeit not necessarily incompatible, epistemic goals, namely the goals of truth, evidence, understanding, and epistemic justice. Different answers to our guiding question, we show, correspond with different epistemic goals. We conclude by exploring several ways to mitigate the potential epistemic disadvantages of solving intragroup disagreement by means of deliberation in relation to each epistemic goal. (shrink)

The motivating question of this paper is: ‘How are our beliefs in the theorems of mathematics justified?’ This is distinguished from the question ‘How are our mathematical beliefs reliably true?’ We examine an influential answer, outlined by Russell, championed by Gödel, and developed by those searching for new axioms to settle undecidables, that our mathematical beliefs are justified by ‘intuitions’, as our scientific beliefs are justified by observations. On this view, axioms are analogous to laws of nature. They are postulated (...) to best systematize the data to be explained. We argue that there is a decisive difference between the cases. There is agreement on the data to be systematized in the scientific case that has no analog in the mathematical one. There is virtual consensus over observations, but conspicuous dispute over intuitions. In this respect, mathematics more closely resembles stereotypical philosophy. We conclude by distinguishing two ideas that have long been associated -- realism (the idea that there is an independent reality) and objectivity (the idea that in a disagreement, only one of us can be right). We argue that, while realism is true of mathematics and philosophy, these domains fail to be objective. One upshot of the discussion is that even questions of fundamental physics may fail to be objective in roughly the sense that the question, ‘Is the Parallel Postulate is true?’, understood as one of pure mathematics, fails to be. Another is a kind of pragmatism. Factual questions in mathematics, modality, logic, and evaluative areas go proxy for non-factual practical ones. -/- . (shrink)

This article examines A.J. Heschel’s “Theology of pathos” in light of the critique Eliezer Berkovits raised against it. Heschel’s theology of pathos is the notion of God as the “most moved mover”, who cares deeply for humans, and thus highly influencing their prophetic motivation for human-social improvement. Berkovits, expressing the negative-transcendent theology of Maimonides, assessed that Heschel’s theology of pathos is not systematic, is anthropomorphic, and reflects a foreign Christian influence. However, when checking Berkovits’s own views as a thinker, it (...) turns out that he formulated some immanent theological notions that were overlapping those of Heschel, for example in attributing God the personal trait of caring. Surprisingly, most Heschel’s scholars did not consider this point. This riddle addressed here in two ways: (1) Psychological and Social, on which I understand Berkovits’s critique as a way of coping with his own religious perplexities, and in a wider sense, it is asserted that trans-denominational critique may be a discursive opportunity for mutual corrigibility. (2) Theological, since Heschel and Berkovits indeed faced a similar theological challenge, of rejecting any description of God as anthropomorphism. I thus offer a constructive theological argument for providing a justification to the immanent theologies of both Heschel and Berkovits. (shrink)

A central dispute in discussions of self-locating attitudes is whether attitude relations like believing and knowing are relations between an agent and properties (things that vary in truth value across individuals) or between an agent and propositions (things that do not so vary). Proponents of the proposition view have argued that the property view is unable to give an adequate account of relations like communication and agreement. We agree with this critique of the property view, and in this (...) essay we show that the problems facing the property view are much more serious than has been appreciated. We then develop and explore two versions of the proposition view. In each case, we show how facts about the self-ascription of properties may be determined by facts about propositional attitudes in conjunction with certain other facts. (shrink)

Most bioethicists who address questions to which global justice matters have not considered the significance of the disputes over the correct theory of global justice. Consequently, the significance of the differences between theories of global justice for bioethics has been obscured. In this paper, I consider when and how these differences are important. I argue that certain bioethical problems can be resolved without addressing disagreements about global justice. People with very different views about global justice can converge on the existence (...) of a duty to aid the very badly off — those in absolute poverty — wherever they may be. However, despite agreement on extreme cases, there should be disagreement over the extent of international obligations to those who are only relatively poor. Consequently, different theories of justice will diverge in their implications for a number of important problems in contemporary bioethics. I close by sketching in more detail two contemporary bioethical issues —concerning pharmaceutical patents and the health worker brain drain —and show how responses to them might be developed by cosmopolitan and statist liberals. (shrink)

The aim of this paper is to refer basic philosophical approaches to the problem of musical meaning and, on the other hand, to describe some examples of the research on musical meaning found in the field of cognitive neuroscience. By looking at those two approaches together it can be seen that there is still no agreement on how musical meaning should be understood, often due to several methodological problems of which the most important seem to be the possibility of (...) inter-theoretical reduction and application of an accurate theory of explanation. I am suggesting that the application of some form of the mechanistic model of explanation might be found useful for clarifying reductionism-antireductionism dispute concerning musical meaning, and more importantly, for providing some answers for the debate in music-as-language controversy. (shrink)

Metaethical absolutism is the view that moral concepts have non-relative satisfaction conditions that are constant across judges and their particular beliefs, attitudes, and cultural embedding. If it is correct, there is an important sense in which parties of moral disputes are concerned to get the same things right, such that their disputes can be settled by the facts. If it is not correct, as various forms of relativism and non-cognitivism imply, such coordination of concerns will be limited. The most influential (...) support for absolutism comes from an argument with two related premises. According to the first premise, moral thinking and moral discourse display a number of features that are characteristically found in paradigmatically absolutist domains, and only partly in uncontroversially non-absolutist domains. According to the second, the best way of making sense of these features is to assume that absolutism is correct. This paper defends the prospect of a non-ad hoc, non-absolutist, explanation of these "absolutist" features, thus calling into question the second premise. But instead of attempting to directly explain why the moral domain displays these features, it attends to how they are partially displayed by paradigmatically non-absolutists judgments about taste and likelihood. Based on this, it proposes independently motivated general accounts of attributions of agreement, disagreement, correctness and incorrectness that can explain both why absolutist domains display all "absolutist" features and why these non-absolutist domains display some. Based on these accounts, it provides preliminary reasons to think that these features of moral discourse can be given a non-absolutist explanation. (shrink)

Social animals need to share space and resources, whether sexual partners, parents, or food. Sharing is indeed at the core of social life. Humans, however, of all social animals, have distinct ways of sharing. They evolved to become Homo Negotiatus; a species that is prone to bargain and to dispute the value of things until some agreement is reached.

It is one of the premises of eliminative materialism that commonsense psychology constitutes a theory. There is agreement that mental states can be construed as posited entities for the explanation and prediction of behavior. Disputes arise when it comes to the range of the commonsense theory of mental states. In chapter one, I review major arguments concerning the span and nature of folk psychology. In chapter two, relying on arguments by Quine and Sellars, I argue that the precise scope (...) of commonsense psychology cannot be determined because there are no resources to distinguish claims that are commonsense from all others. I use this conclusion to evaluate Churchland’s proposal that folk psychology should be eliminated in favor of a scientific theory. I argue that, although such an elimination is possible, it is unnecessary because commonsense psychology is in part informed by scientific theories. The properties that are usually attributed to mental states, on my view, are not common sense and would re-emerge even if we replaced our current theory with a scientific one. In chapter three, I examine how this affects eliminativist arguments, such as Churchland’s proposals for how to solve the emergence of the phenomenal character of sensations. I argue that it might be the case that some phenomenal properties are the result of endorsing a particular theory, but phenomenal character as such is a permanent feature of any theory about internal states. Addressing the problem of the incorrigibility of mental states, in chapter four, I challenge Rorty’s idea that such a property is the mark of the mental and can be attributed to our mental states based on our everyday usage of mental terms. The position asserted in the dissertation is compatible with the view that any theory can be revised, but doubts are expressed concerning the likelihood for a complete replacement of the current folk-psychological theory. Taking inspiration form Sellars, in chapter five, I argue that the establishment of a conceptual framework entails a wholistic jump from no concepts to a rudimentary framework. With this leap some properties are solidified and stand in the way of elimination. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the (...) nature and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

It is common to distinguish between disagreement in the state sense (being in disagreement) and disagreement in the activity sense (having a disagreement). This paper deals with the question of what it is for two people to have a disagreement. First, I present and reject the thesis according to which having a disagreement is a matter of expressing conflicting attitudes. I argue that this is not sufficient for having a disagreement: two people can express conflicting attitudes without having a disagreement. (...) Second, I present and reject the thesis according to which having a disagreement involves not only the expression of conflicting attitudes, but also the persuasive attempt to bring the other around to one’s view. I argue that this is not necessary for having a disagreement: two people can have a disagreement without trying to change each other’s minds. Finally, I put forward an alternative account that goes beyond the mere expression of conflicting attitudes, but that does not go as far as to posit the attempt to change someone’s mind. Having a disagreement, I submit, is a matter of expressing conflicting attitudes and demanding agreement, that is, advancing the normative claim that the other should share one’s attitude. (shrink)

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

Philosophers of language and metaethicists are concerned with persistent normative and evaluative disagreements – how can we explain persistent intelligible disagreements in spite of agreement over the described facts? Tim Sundell recently argued that evaluative aesthetic and personal taste disputes could be explained as metalinguistic negotiations – conversations where interlocutors negotiate how best to use a word relative to a context. I argue here that metalinguistic negotiations are neither necessary nor sufficient for genuine evaluative and normative disputes to occur. (...) A comprehensive account of value talk requires stronger metanormative commitments than metalinguistic negotiations afford. (shrink)

To say that a philosophical dispute is ‘merely verbal’ seems to be an important diagnosis. If that diagnosis is correct for a particular dispute, then the right thing to do would be to declare that dispute to be over. The topic of what the disputing parties were fighting over was just a pseudo-problem (thus not really a problem), or at least – if there is a sense in which also merely verbal disputes indicate some problem, for example, (...) insufficient clarity of terminology – this problem is not substantial, or not as substantial as the disputing parties believed their problem initially to be. In this paper I will try to clarify what it means if we diagnose that two arguing parties are having a merely verbal dispute. (shrink)

Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's (...) four-dimensionalist assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. (shrink)

Jerry Fodor, by common agreement, is one of the world’s leading philosophers. At the forefront of the cognitive revolution since the 1960s, his work has determined much of the research agenda in the philosophy of mind and the philosophy of psychology for well over 40 years. This special issue dedicated to his work is intended both as a tribute to Fodor and as a contribution to the fruitful debates that his work has generated. One philosophical thesis that has dominated (...) Fodor’s work since the 1960s is realism about the mental. Are there really mental states, events and processes? From his first book, Psychological Explanation (1968), onwards, Fodor has always answered this question with a resolute yes. From his early rejection of Wittgensteinian and behaviourist conceptions of the mind, to his later disputes with philosophers of mind of the elminativist ilk, he has always been opposed to views that try to explain away mental phenomena. On his view, there are minds, and minds can change the world. (shrink)

This paper explains and defends Reinhold’s epistemology of disagreement. The concept of agreement is of central importance for Reinhold’s philosophy. He attempts to settle the most basic disputes among post-Kantian philosophers by offering intermediate positions that reconcile the seemingly incompatible views. Moreover, Reinhold argues for epistemic objectivism, that is, the thesis that a group of philosophers sharing the same information and respecting each other’s opinion may not reasonably disagree. If the members of such a group search for truth then (...) they must converge toward consensus. Disagreement is irrational. (shrink)

We analyze Case in terms of independent constraints on syntactic structures — namely, the Projection Principle (inherent Case), the ECP (marked structural Case), and the theory of extended projections (the nominative, a Caseless nominal projection). The resulting theory accounts for (1) the government constraint on Case assignment, (2) all major Case systems (accusative, ergative, active, three-way, and split), (3) Case alternations (passive, antipassive, and ECM), and (4) the Case of nominal possessors. Structural Case may correlate with pronominal agreement because (...) the former can, and the latter must, involve antecedent-government by a functional head. However, neither phenomenon implies the other. (shrink)

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is how (...) to improve trade integration among Arab countries through more effective rules of origin. (shrink)

Truths will be defined as an agreement on uncertainties, the consensus over matters of empirical and social nature such as mathematics, physics or economics. As illustrated by Dennis Lindley , ‘individuals tend to know things to be true and false but the extent of this truth and falsity would always remain unknown’. Leading individuals to a permanent state of stress, uncertainty becomes a risk for the social community. Problems could not be presumed to be solvable as any kind of (...) solution would be perceived as uncertain. The struggle for solutions would develop into a state of insecurity and conflict where no individual could trust the answers given by any other member of the community. To prevent a ‘war of all against all’ that would cause anxiety and permanent conflict, it will become an essential duty for the social community to diminish uncertainty by imposing truths. With those, individuals can be reassured about the certainty of their knowledge and use truths as a resolution tool for any dispute that might occur within the social space. For the purpose of social peace, truths will therefore be every outcome of the process through which uncertainty is transformed into an agreed form of knowledge. “Gravity”, “Death” and “God” will all be considered truths as they represent a form of agreement over different domains of the human and social life. It is not the intention of this essay to examine each of the truths separately but rather, to analyse them all together in order to formulate a hypothesis for all empirical and social matters. (shrink)

This paper argues that virtue ethics and prevailing epistemic norms in moral and political philosophy more generally both support a new kind of empirically-informed moral-virtue epistemology, or “experimental ethics” – an epistemology according to which disputed normative premises in moral and political philosophy should be epistemically evaluated on the basis of empirically-observed relationships they bear to morally admirable and morally repugnant psycho-behavioral traits, as defined by cross-cultural, cross-historical, and cross-debate agreement on the moral valence of particular traits and behaviors.

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

Our paper presents a novel theory of weak crossover effects, based entirely on quantifier scope preferences and their consequences for variable binding. The structural notion of 'crossover' play no role. We develop a theory of scope preferences which ascribes a central role to the AGR-P System.

We investigate adverbial agreement in Sandəmarkesə (S. Marco in Lamis, Apulia) proposing phase-bound, local agreement relations, reducible to coordination, as in past and absolute participial constructions, suggesting a copulaless analysis where arguments are subjects in a small clause. With disjunct nominals with matching φ-features, the adverb agrees separately with each part in the set, otherwise resulting in ‘non-agreeing’ forms, which we test also with negative polarity items (niʃun-, ‘nobody’ and nentə, ‘nothing’). With fragment answers, the negation scopes over (...) adverbs agreeing with the two proposed topics: matching of the φ-features of both nouns values the negative operator with the same features. In fronted adverbs, agreement occurs when the question contains overt coordinated arguments, elements continuing a chain, and if coordinated arguments have matching φ-features. In agreement in topical contexts with fronted adverbs, agreement occurs with the aboutness-shift topic closely preceding them, rather than with the embedded direct object. (shrink)

South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets (...) of the dispute. I argue that the law is unjust and should be revised. (shrink)

James Shaw has written an excellent book on Wittgenstein’s rule-following considerations. It manages to provide fresh perspectives on a topic on which it seemed.

For Plato, philosophy depends on, or is perhaps even identical with, dialectic. Few will dispute this claim, but there is little agreement as to what Platonic dialectic is. According to a now prevailing view it is a method for inquiry the conception of which changed so radically for Plato that it "had a strong tendency ... to mean ‘the ideal method’, whatever that may be" (Richard Robinson). Most studies of Platonic dialectic accordingly focus on only one aspect of (...) this method that allegedly characterizes one specific period in Plato’s development. -/- This volume offers fresh perspectives on Platonic dialectic. Its 13 chapters present a comprehensive picture of this crucial aspect of Plato’s philosophy and seek to clarify what Plato takes to be proper dialectical procedures. They examine the ways in which these procedures are related to each other and other aspects of his philosophy, such as ethics, psychology, and metaphysics. Collectively, the chapters challenge the now prevailing understanding of Plato’s ideal of method. -/- New Perspectives on Platonic Dialectic will appeal to scholars and advanced students interested in Plato, ancient philosophy, philosophical method, and the history of logic. (shrink)

Typical agreements can be seen as joint decisions, inherently involving obligations of a distinctive kind. These obligations derive from the joint commitment' that underlies a joint decision. One consequence of this understanding of agreements and their obligations is that coerced agreements are possible and impose obligations. It is not that the parties to an agreement should always conform to it, all things considered. Unless one is released from the agreement, however, one has some reason to conform to it, (...) whatever else is true. In this sense, one is under an obligation to the other parties. The relevance of these points to the issue of political obligation is discussed. (shrink)

Here the relationship between understanding and knowledge of meaning is discussed from two different perspectives: that of Dummettian semantic anti-realism and that of the semantic externalism of Putnam and others. The question addressed is whether or not the truth of semantic externalism would undermine a central premise in one of Dummetts key arguments for anti-realism, insofar as Dummetts premise involves an assumption about the transparency of meaning and semantic externalism is often taken to undermine such transparency. Several notions of transparency (...) and conveyability of meaning are distinguished and it is argued that, though the Dummettian argument for anti-realism presupposes only a weak connection between knowledge of meaning and understanding, even this much is not trivially true in light of semantic externalism, and that semantic externalism, if true, would thus represent a reason for rejecting the crucial assumption on which the Dummettian argument depends. (shrink)

Divine grace is the hand of Christ that sustains the Christian in his acts: such is the mystery explored at the end of the 16th century in the profound studies carried out by various Catholic theologians in a debate in Spain known as the “Controversy on divine aids” (de auxiliis). Its problematic covers both the drama of the loving agreement between divine initiative and human response, as well as the subtle questions of causal determinism or freedom of the will. (...) In this book, the participation of one of the main Dominicans involved in this dispute, Pedro de Ledesma, one of the last members of the School of Salamanca, is studied for the first time. For this purpose, his manuscript work is reviewed, contrasting it with the teachings of other Dominicans of the time. This also makes it possible to show that among the theologians of the Order of Preachers, despite their profound coincidences, there were also different approaches to providence, predestination and divine grace. Thus, this book provides a specific introduction to Ledesma, whose understanding of physical premotion is quite original, but it also provides a broad overview of the early years of the controversy on grace in the Iberian Peninsula. (shrink)

In the literature on philosophical progress it is often assumed that agreement is a necessary condition for progress. This assumption is sensible only if agreement is a reliable sign of the truth, since agreement on false answers to philosophical questions would not constitute progress. This paper asks whether agreement among philosophers is (or would be) likely to be a reliable sign of truth. Insights from social choice theory are used to identify the conditions under which (...) class='Hi'>agreement among philosophers would be a reliable indicator of the truth, and it is argued that we lack good reason to think that philosophical inquiry meets these conditions. The upshot is that philosophical agreement is epistemically uninformative: agreement on the answer to a philosophical question does not supply even a prima facie reason to think that the agreed-upon view is true. However, the epistemic uninformativeness of philosophical agreement is not an indictment of philosophy's progress, because philosophy is valuable independent of its ability to generate agreement on the correct answers to philosophical questions. (shrink)

In this paper I examine the ethics of benefit-sharing agreements between victims and beneficiaries of injustice in the context of trans-national bodily giving, selling, and sharing. Some obligations are the same no matter who the parties to a transaction are. Prohibitions on threats, fraud and harm apply universally and their application to transactions in unjust contexts is not disputed. I identify three sources of obligations that are affected by unjust background conditions. First, power disparities may illegitimately influence transactions in unintentional (...) ways. Second, better-off individuals have duties to ameliorate injustices. These are not specifically duties to those with whom they interact, though often it is easier and more effective to help those with whom one already interacts. Third, the power differentials created by injustice make exploitative transactions more likely. I summarize a transactional account of exploitation and argue that avoiding exploitation is usually easiest to achieve by ensuring that the more powerful party does not obtain an unfair share of the benefits from the transaction. The beneficiaries of a transaction do not have to be only those individuals directly involved in it. Indeed, in many cases it is thought that exploitation may be avoided by providing benefits to third parties. Working out when this is the case requires working out when a contribution or burden on another’s behalf can count towards the avoidance of exploitation. I argue that it counts as such in two main cases: when the people in question are already involved in relationships of reciprocation, and when the individual making the contribution identifies with the interests of the other people. (shrink)

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this (...) article is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)

Some recent researches in experimental philosophy have posed a problem for philosophers’ appeal to intuition (hereinafter referred to as PAI); the aim of this paper is to offer an answer to this challenge. The thesis against PAI implies that, given some experimental results, intuition does not seem to be a reliable epistemic source, and —more importantly— given the actual state of knowledge about its operation, we do not have sufficient resources to mitigate its errors and thus establish its reliability. That (...) is why PAI is hopeless. Throughout this paper I will defend my own conception of PAI, which I have called the Deliberative Conception, and consequently, I will defend intersubjective agreement as a means to mitigate PAI errors, offering empirical evidence from recent studies on the Argumentative Theory of Reason that favor the conception I defend here. Finally, I will reply to some objections that might arise against the Deliberative Conception, which will lead me to discuss some metaphilosophical issues that are significantly relevant for the future of the dispute about the appeal to intuition. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...) occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

Assessment of those with whom one finds oneself in dispute is indispensable in the epistemology of disagreement. The assessment of one’s opponents is necessary in order to determine whether a particular disagreement constitutes evidence of a likely error in one’s own understanding. However, assessment of an opponent’s capacity to know the matter in dispute is only possible when the conditions for knowledge are not themselves open to debate. Consequently, epistemic significance can only be recognised in disagreements among those (...) who are in tacit or explicit agreement about what constitutes justification in a given case. The result is that the epistemic significance that disagreement possesses is always strictly conditional upon prior assumptions. The difference between a peer disagreement and a non-peer disagreement cannot indicate whether one is or is not more likely to be right than one’s opponent in an absolute sense, only whether one is or is not more likely to be right given the presupposed conditions. (shrink)

Muslim philosophers separated the material cause and formal cause as essential, and the efficient cause and intention cause as existential, which are the four causes stated by Aristoteles. Mulla Sadra addresses the efficient cause in two parts which are natural and emanative (creative) causes. Natural perpetrator is preparatory perpetrator and the creative perpetrator is the perpetrator bestowing entity. According to a almohad, Allah is the perpetrator of everything. However, there are disputes concerning what kind of perpetrator Allah is. Muslim philosophers (...) dealt with all types of perpetrator to put forth the attributes of emanative perpetration. Agents by Intentional, Agreement, Providence, Manifestation are perpetrators who have knowledge and will. Agents by intentional perform their actions by the virtue of a purpose. Their knowledge is detailed in their actions. The knowledge of agent by agreement is collective before creation and detailed after creation. The knowledge of agents by providence on their entity is presential and their knowledge on their actions is conceptual and detailed. On the other hand, agents by manifestation have a detailed presential knowledge on their actions. This study addresses all the perpetrator types which may be attributed to Allah and identifies the perpetrator type which can possibly be attributed to Allah. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition (...) as the capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

A fundamental question in responsibility theory concerns the relation between being responsible and our practices of holding responsible. ‘Strawsonians’ often claim that being responsible is somehow a function of our practices of holding responsible, while others think that holding responsible depends on being responsible, and still others think of being and holding responsible as interdependent. Based on a Wittgensteinian reading of Strawson, I develop an account of the relation between being and holding responsible which respects major concerns of all parties (...) in this debate. I characterize the way in which being responsible depends on holding responsible as genealogical, and the way in which holding responsible depends on being responsible as justificatory. I show how my account cuts across received ways of carving up the debate, and how it allows for all the kinds of fallibility about moral responsibility that are worth wanting. (shrink)

The Industrial Disputes (Amendment) Bill, 2009 was introduced in the Rajya Sabha on 26th February, 2009. The bill seeks to amend a few provision of the Industrial Disputes Act, 1947. Industrial Disputes and their settlement have been provided in Industrial Disputes Act, 1947. The Act defines the relevant terms and also defines the Industrial Dispute, Industry and the mechanism of the settlement of dispute. Now we will study different dimensions in detail for managerial perspective. The study of Industrial (...) Dispute prevention involves the study of determining the types of disputes and their causes along with the settlement and prevention of disputes in Management. What is the management attitude towards labour.An exploratory study to use in this paper for industrial dispute act and its impact on industrial development for analysis of different dimensions of this topic and the research paper based on secondary data sources. Finally study gives the suggestions and conclusion about how to prevent the industrial dispute. (shrink)

Standard models in epistemic game theory make strong assumptions about agents’ knowledge of their own beliefs. Agents are typically assumed to be introspectively omniscient: if an agent believes an event with probability p, she is certain that she believes it with probability p. This paper investigates the extent to which this assumption can be relaxed while preserving some standard epistemic results. Geanakoplos (1989) claims to provide an Agreement Theorem using the “truth” axiom, together with the property of balancedness, a (...) significant relaxation of introspective omniscience. I provide an example which shows that Geanakoplos’s statement is incorrect. I then introduce a new property, local balancedness, which allows us both to correct Geanakoplos’s result, and to extend it to cases where the truth axiom may fail. I exploit this general Agreement Theorem to provide novel epistemic conditions for correlated and Nash equilibrium, both of which relax the assumption of introspective omniscience. In all three cases, the results are also extended to infinite state spaces. (This is Chapter 5 of my 2014 Oxford DPhil (PhD) thesis.). (shrink)

Some recent work in formal epistemology shows that “witness agreement” by itself implies neither an increase in the probability of truth nor a high probability of truth—the witnesses need to have some “individual credibility.” It can seem that, from this formal epistemological result, it follows that coherentist justification (i.e., doxastic coherence) is not truth-conducive. I argue that this does not follow. Central to my argument is the thesis that, though coherentists deny that there can be noninferential justification, coherentists do (...) not deny that there can be individual credibility. (shrink)

This article argues, first, that there is plenty of agreement among philosophers on philosophically substantive claims, which fall into three categories: reasons for or against certain views, elementary truths regarding fundamental notions, and highly conditionalized claims. This agreement suggests that there is important philosophical progress. It then argues that although it's easy to list several potential kinds of philosophical progress, it is much harder to determine whether the potential is actual. Then the article attempts to articulate the truth (...) that the deniers of philosophical progress are latching on to. Finally, it comments on the significance of the agreement and progress. (shrink)