UNRWA’s Mediation Process is a key element in the organization’s efforts to strengthen its internal justice system. The research aims to study the reality of mediator competencies, emotional intelligence and case characteristics variables, (UNRWA) Gaza. The research also aims at identifying the differences between respondents as attributed to their professional and personal traits of age, gender, educational level, distribution of department, dispute resolution experience and representation party. The researchers adopted mixed data collection methods; quantitative and qualitative. For qualitative, a (...) semi-structured interview was conducted with (9) officials including management, staff unions and expert external mediators. (63) Questionnaires were distributed to a systematic random sample population; (56) were received, with a response rate 88.9%. The results proved that there are no significant differences among respondents attributed to personal and professional traits of age, academic background, gender, department, years’ of experience, educational degree and representation party. The research has presented some recommendations concerning the factors affecting the mediation outcomes of workplace disputes resolution. The recommendations include: UNRWA should adopt mediation as a method to resolve disputes at workplace instead of following litigation before the courts, as many organizations today increasingly started to adopt mediation as a method to resolve disputes at workplace. This will help decreasing the high cost, non-flexibility, and threatening features of disputes and conflicts resolution before courts, as well as enhance the relationship between disputant parties. Mediators are essentially recommended to attend regular training such as guiding negotiation processes, employing group sessions properly, overcoming obstacles, summarizing & analytical skills and selecting emotional words and phrases, it is also important to encourage the mediation experts' training workshops and meetings. Regular training sessions will not only improve skills and abilities, but will also imply variety and flexibility. This leads to having competent qualified mediators who are able to resolve organization’s workplace disputes in a way, which satisfies the need of disputants. (shrink)

Abstract: The research also aims at identifying the differences between respondents as attributed to their professional and personal traits of age, gender, educational level, distribution of department, dispute resolution experience and representation party. Researchers adopted mixed data collection methods; quantitative and qualitative. For qualitative, a semi-structured interview was conducted with (9) officials including management, staff unions and expert external mediators. (63) Questionnaires were distributed to a systematic random sample population; (56) were received, with a response rate 88.9%. The results (...) proved that there are no significant differences among respondents attributed to personal and professional traits of age, academic background, gender, department, years’ of experience, educational degree and representation party. The research has presented some recommendations concerning the factors affecting the mediation outcomes of workplace disputes resolution. The recommendations include: Selecting expert mediators to deal with multi-culture groups. Ensuring equal gender representation in working groups, teamwork and committees and encouraging female participation in mediation processes to resolve dispute at work place. Developing the mediation schema in a way that empowers the mediator to increase her/his ability to lead and establish compromise solutions for workplace disputes. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (...) (OADR) can maximize the growth of e-commerce. (shrink)

Modern Hume scholarship is still divided into two major camps when it comes to the issue of causation. There are those scholars who interpret Hume as a causal anti-realist, and there are those who interpret him as a causal realist. In my paper, I argue that there is an overwhelming amount of evidence – especially textual evidence – that should lead us to read Hume as being a causal anti-realist. That is to say, one who believes that cause and effect (...) relations are felt and known in the mind of the perceiver alone; not in objects themselves. I then attempt to settle, at least partially, the ‘two definitions of cause dispute’ that was brought about by Hume’s giving us not one, but two non-equivalent and non-substitutable definitions of the cause and effect relation. (shrink)

Within the Thomistic moral tradition, the is-ought gap is regularly treated as identical to the fact-value gap, and these two dichotomies are also regularly treated as being identical to Aristotle and Aquinas’s distinction between the practical and speculative intellect. The question whether (and if so, how) practical (‘ought’) knowledge derives from speculative (‘is’) knowledge has driven some of the fiercest disputes among the schools of Thomistic natural lawyers. I intend to show that both of these identifications are wrong and (...) the debate has been misframed. The is-ought gap is not the fact-value gap, nor does the is-ought gap correspond to Aquinas’s distinction between the speculative and practical. This opens the possibility of a resolution--within the Thomistic school--to a debate that has, heretofore, proven particularly resistant of consensus. I close by offering a tentative account of precisely how synderesis gives us our first awareness of moral law from a prior speculative understanding. (shrink)

Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of (...) two recent cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

Higher-order realists about properties express their view that there are properties with the help of higher-order rather than first-order quantifiers. They claim two types of advantages for this way of formulating property realism. First, certain gridlocked debates about the nature of properties, such as the immanentism versus transcendentalism dispute, are taken to be dissolved. Second, a further such debate, the tropes versus universals dispute, is taken to be resolved. In this paper I first argue that higher-order realism does not in (...) fact resolve the tropes versus universals dispute. In a constructive spirit, I then develop higher-order realism in a way that leads to a dissolution, rather than a resolution, of this dispute too. (shrink)

Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (...) (OADR) can maximise the growth of e-commerce. (shrink)

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)

It is widely thought that, in §201 of the Philosophical Investigations, Wittgenstein reveals himself to oppose a definite view or theory of rule-following. I argue that, due to the self-undermining character of that section, no such interpretation should be accepted. Then I sketch a reading of Wittgenstein’s method that accounts for the paradoxical nature of §201, and I show how this methodology is realized in his remarks on following a rule.

The conception of a ‘law of nature’ is a human product. It was created to play a role in natural philosophy, in the Cartesian tradition. In light of this, philosophers and scientists must sort out what they mean by a law of nature before evaluating rival theories and approaches. If one’s conception of the laws of nature is yoked to metaphysical notions of truth and explanation, that connection must be made explicit and defended. If, on the other hand, one’s aim (...) is to disentangle laws from truth or from explanation, that must be stated and defended as well. If philosophers do not make such assumptions, intuitions, and methodological commitments clear, then it will be impossible to identify the source of disagreement in debates about the laws of nature. Are the conflicts rooted in disagreement about the conclusions reached, or do the background commitments of the combatants block any resolution to the dispute in principle or in practice? (shrink)

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.

This article brings to bear findings from the debate on the boundary problem in democratic theory on discussions of workplace democracy to argue that workplace democrats’ focus on workers is unjustified and that more constituencies will have to be included in any prospective scheme of workplace democracy. It thereby provides a valuable and underdiscussed perspective on workplace democracy that goes beyond the debate’s usual focus on the clarification and justification of workplace democrats’ core claim. It (...) also goes beyond approaches like stakeholder theory in law and economics that determine decision-making rights without taking into account genuinely democratic considerations. My discussion proceeds by considering three principles for inclusion from democratic theory for the specific case of the corporation. I submit that two of them, the all-coerced and the all-subjected principle, are not appropriate for this specific case, because they cannot capture the distinguishing features of the corporation. The all-affected principle however is appropriate but has a very wide range. I further argue that this is not as big of a problem as it first might seem and that this principle is still the most appropriate for defining the demos of the democratic corporation. The article closes by pointing out the consequences of this result for the workplace democracy debate and for the legitimacy of the market as a coordination mechanism. (shrink)

Recent advancements in artificial intelligence have fueled widespread academic discourse on the ethics of AI within and across a diverse set of disciplines. One notable subfield of AI ethics is machine ethics, which seeks to implement ethical considerations into AI systems. However, since different research efforts within machine ethics have discipline-specific concepts, practices, and goals, the resulting body of work is pestered with conflict and confusion as opposed to fruitful synergies. The aim of this paper is to explore ways to (...) alleviate these issues, both on a practical and theoretical level of analysis. First, we describe two approaches to machine ethics: the philosophical approach and the engineering approach and show how tensions between the two arise due to discipline specific practices and aims. Using the concept of disciplinary capture, we then discuss potential promises and pitfalls to cross-disciplinary collaboration. Drawing on recent work in philosophy of science, we finally describe how metacognitive scaffolds can be used to avoid epistemological obstacles and foster innovative collaboration in AI ethics in general and machine ethics in particular. (shrink)

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)

Anaphora resolution is one of the most active research areas in natural language processing. This study examines focusing as a tool for the resolution of pronouns which are a kind of anaphora. Focusing is a discourse phenomenon like anaphora. Candy Sidner formalized focusing in her 1979 MIT PhD thesis and devised several algorithms to resolve definite anaphora including pronouns. She presented her theory in a computational framework but did not generally implement the algorithms. Her algorithms related to focusing (...) and pronoun resolution are implemented in this paper. This implementation provides a better comprehension of the theory both from a conceptual and a computational point of view. The resulting program is tested on different discourse segments, and evaluation and analysis of the experiments are presented together with the statistical results. (shrink)

A long-running dispute concerns which adaptation-related explananda natural selection can be said to explain. At issue are explananda of the form: why a given individual organism has a given adaptation rather than that same individual having another trait. It is broadly agreed that one must be ready to back up a “no” answer with an appropriate theory of trans-world identity for individuals. I argue, against the conventional wisdom, that the same is true for a “yes” answer. My conclusion recasts the (...) landscape and opens the door to a potential resolution. (shrink)

This paper proposes a philosophically informed decision-making methodology, inspired by Aristotle, that encourages constructive discussions amongst employers and employees; is directed towards shared higher-level goals; is consistent with planning frameworks already in place in many businesses; can be amended over time without disruptive disputes; and accounts for the particularities of each industry, enterprise, workplace, and job. It seeks to establish a more fundamental basis for discussions about remote vs. in-person office work: specifically, the purpose and nature of the (...) work of those affected. If these matters can be decided, then subsequent discussions might be focused more upon the shared outcomes to which stakeholders are committed and less upon individual preferences and ‘hunches.’. (shrink)

Citation:Christodoulou, Marina. “Technopolis as the Technologised Kingdom of God. Fun as Technology, Technology as Religion in the 21st Century. God sive Fun.” Cahiers d'études germaniques N° 74, 2018. La religion au XXIe siècle - Perpectives et enjeux de la discussion autour d'une société post-séculière. Études reunites par Sébastian Hüsch et Max Marcuzzi, 119-132. -/- -------- -/- Neil Postman starts his book Technopoly: The Surrender of Culture to Technology (1993)1 with a quote from Paul Goodman’s New Reformation: “Whether or not it (...) draws on new scientific research, technology is a branch of moral philosophy, not of science.” (Postman 1993: motto; Goodman 2010: 40). I would extend Postman’s Technopoly to Technopolis, to give it more of a presence in time and space. Hence, I will use the term Technopoly when I am referring to Postman; the term Technopolis is my own. -/- In his book From Faith to Fun: The Secularisation of Humour, Russel Heddendorf argues that humour is a technology (Heddendorf 2009: 32-34), as it is understood and theorized by Neil Postman in Technopoly. Russel Heddendorf also argues that “Technopoly” is a term correlated with Wittgenstein’s use of the term “worldview” (Weltanschauung) (Heddendorf 2009: 11). -/- I would like to draw on these thoughts to propose that Technopoly (or Technopolis) could be the secularized Kingdom of God, namely that Technology is the Religion of the 21st century, and that Fun is a paradigm of such a Technology / Technique. God is yet another technique or Technology of and in Technopoly. -/- The godless individual in the 21st century, I will argue, is as much a believer as the faithful in the Sacred Religion (term used in opposition to Secular or rather Technological or Technologized Religion, which is Fun). He believes in Fun (as a post-modern form of pleasure), as much as the believer believes, or more accurately, believed in God. In the 21st century, the faithful in Sacred Religion believes in a fun God, as opposed to the serious God of the past. Fun is turning into the Technologized Religion for all; for the faithful in Godly / Sacred Religion, as well for as the unfaithful. Fun (pleasure, humour) is the definitive qualia of 21st century pleasure. The mechanics of Fun make it absolutely functional for controlling people; as Aldous Huxley wrote in Brave New World, people “are controlled by inflicting pleasure” (cited in Heddendorf 2009: 158). Now, indulging in pleasure is having Fun. In the 21st century, nobody is unfaithful, nobody disputes God, because God has been manufactured into Fun. We are living in the most religious century of all. -/- The commodity of God, now inextricably blended into work and leisure ethics and culture, is as unavoidable as survival. You don’t work, you don’t survive, you don’t exist. You work, you are entitled to leisure, or free time – the time (“busy-time”) when you are busy is work. The free time of leisure (“fun-time”) is a time for fun (pleasure). The time dedicated to Fun is culturally (capitalistically) pre-defined; no moment is actually free, each moment that is sold as free is to be bought with Work Time tokens –which is money. Believe is Enjoy. Happiness, achieved through pleasure, and pleasure through Fun, and Life as Play, is the recipe for Teleology in the 21st century. -/- The Technological God (Fun), as the Sacred God before him, is sovereignty’s technique or a social “mode of release”: demonstrations, marches, petitions, freedom of speech, citizen and human rights vindications, are “modes of release”, so that the next day, feeling relieved and released that you are working for a better life and a better world, you can wake up cheerfully to walk to your workplace, feeling it will change because of your marching, or your petition, or your speech, or the mass you attended, or the prayer you said yesterday. Thus life continues unchanging, through postponing hope; the tension of the tragedy is always released (lysis) in catharsis: refreshment for the next day of work. Art, especially cinema, (namely, simulated life) follows the same cathartic principles as real life. Thus, you can keep coping, and hoping in the meantime is of much help. Religion, Art, Science, Therapy, and Technology are all technologies used to market life, sell it or lend it, and humans are buying it back. Fun is free to produce, and expensive to buy. (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological a (...) priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” (...) from elders, witchcraft, and customary law judgments, more widely accessible. The paper concludes that while legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically “defective” along this dimension. (shrink)

The phenomena of terrorism and other politically motivated violence have been assessed across different disciplines from political science and economics to theology and psychology. Whereas the definitions of the concepts of “terrorism” and “terrorist” are disputed and they rather reflect the perspectives of the defining entity, there is a common consensus that terrorism can be classified in terms of its type (such as state-sponsored, dissent, religious, pathological, narco-, cyber-, and bioterrorism), the scale (i.e. domestic vs. international), motives, and objectives. By (...) the same token, the roots and causes of terrorism can be enumerated as internal sources (such as social, economic, political, and cultural indicators) and external sources (such as colonialism and neocolonialism, regional conflicts and historical enmities, failed/failing states and lawless areas, and the penetration of foreign cultures and lifestyles). Although such grounds can be considered as the collective causes, they can merely address how one becomes a potential appropriate recruit for terrorist organizations. Hence, identifying the causes of terrorism is of paramount significance in order to both combat and most importantly prevent terrorism. Given that the first generation of psychological approaches to terrorist violence, chiefly drawing from psychoanalytic theory, has basically run its course, this study takes a systematic approach to evaluate the root causes of terrorism, particularly from social and behavioral perspectives, and attempts to address some key questions such as the progress of and reasons for individuals supporting, joining and leaving terrorist organizations, the relevance of psychopathology to comprehending and preventing terrorism, and the roles of ideology, identity, and belonging in terrorist behavior. (shrink)

Previously it was found that the Thing is both One Thing and another Thing at the same time. The Understanding rejects such a contradiction but Reason accepts what comes before it and allows the necessity in thought to proceed to its own conclusion. The attempt to maintain distinctions such as essential vs. unessential, singleness vs. universality, etc. may appeal to what is called ‘ordinary common sense,’ but it can now be seen that they are really only abstractions from the actual (...) truth that constitutes the entirety of perceptual consciousness. Those who do not have the presence of mind to rise above the being of the material of sense may proudly assert what they consider to be real and solid, while in truth it is only the play of abstractions that they deal with, so that such boasting is poorest where it fancies itself to be the richest. Rather than apprehending Truth, such an attitude sets itself against the Truth by calling it mere thought, ‘only in the mind’, etc. It is not possible for them to engage in scientific philosophy in which one result proceeds from another by rational necessity because they think that convincing by argument (holding one side against the other) is the natural process for winning Truth. But this is the definition of sophistry, directly the opposite of scientific philosophy in which Truth unveils itself by the rational necessity of its own dialectical development. In fact, Philosophy does also deal with mental entities but at the same time it recognizes thought as the pure essentiality that it is. It is the ignorance of our ‘scientific age’ that we neither appreciate, understand or even know how to comprehend the origin and nature of thought which is so fundamentally essential to human culture. Those who are the most neglectful of such knowledge are at the same time those who most vehemently propound sensuous materialism in the name of realism and seek to annul the place of thought altogether, thus sapping Truth of its own essence. Perceptual understanding holds on to mere abstract fixed essentialities without comprehending their specific determinations, i.e. it apprehends concepts as simple familiarities and therefore does not penetrate into the actual determinateness that constitutes such concepts. In that way it fails to master them; rather such abstract essentialities become the master of this understanding, constraining it to an endless bondage in opposing dualities. By holding on to only one determinateness as truth in opposition to its other and then turning to the opposite one (e.g., as we find in Kant’s antinomies) the ultimate unessentiality of both is established, yet it ignores this fact. What perceptual consciousness should do is accept the unessentiality of both sides and thereby recognize the sublimation of these opposing elements in a higher unity. Instead of doing that, however, it resorts to the in so far as and thus leads itself into abstractions and untruth. (shrink)

The vision and yearning of any Theater Administrator involves basically the tripartite objective of guaranteeing satisfaction, having a full house and maximizing profits. But due to the nature of theater as predominantly a collaborative art and the variances in temperament, aspiration and vocation of the various artistic endeavors, conflict often arise which militates against the attainment of the above objective by the theatre administrator. This work examines some conflict in the play production (the theater production) and prescribes certain measures, which (...) the theater administrator can adopt in order to surmount them. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Most businesses are aware of the costs associated with sexual harassment and are concerned about limiting its presence in the workplace. Although the business ethics literature contains work on sexual harassment, it has very little to say on chastity or its value in the workplace, even though unchaste behavior underlies the prevalence of sexual harassment. This article begins this investigation into chastity worth having in the workplace, taking typical company policies as a guide for what kind of (...) chastity is worth having in the workplace in particular. The first question asked in this article is: for what reasons is chastity worth having in the workplace? I consider four answers—harm prevention, respect for employee consent/dissent, respect for others’ dignity, and conflict of interest avoidance—and I examine workplace policies that enforce chaste behavior in search for a unified and underlying reason for these policies. In the process of locating the primary reason for the value of being chaste in the workplace in particular, we will be given tools to develop an account of chastity worth having in the workplace, which I will argue is primarily cognitive, rather than volitional or affective. I conclude that chastity is the disposition not to construe a coworker as a satisfier of one’s sexual interest, and I argue that chastity is valuable in the workplace because it secures coworkers’ ability to have their contributions appropriately valued. The hope is that once the reason and locus of chastity is identified, the professionals who know how to train businesspeople in developing virtues will better be able to focus their attention and efforts. (shrink)

This work deals with the discussion about the characterization of the emotions that maintain the so called "cognitive current" and "perceptive current". These have been canonically conceived as incompatible ways of accounting for the same phenomenon: the basic emotions. In this paper I intend to examine the disagreement between these opposing approaches, seeking to clarify the scope of this disagreement, and to elucidate the key concepts on this discussion. The article reviews the structure that is detailed below. Each of the (...) positions in question is presented first. To this end, both philosophy and psychology have been considered: R. Solomon and R. Lazarus (cognitive perspective) and W. James and R. Zajonc (perceptive perspective). In this section (The approaches in dispute) I will try to offer a conceptual reconstruction of each of the positions, establishing the fundamental theses of each of them, to be examined in depth in the next section (Cognition and perception) in order to show that the disagreement itself and the difficulties that emerge from it, to provide an adequate characterization of the phenomenon, that can be overcome or at least, must be reconceptualized. In this sense, I will offer two ways in which this reconceptualization can be given: in a dissolute sense, by showing that the discrepancy between the two perspectives are based on false dichotomies, turning the discussion into a terminological disagreement. Second, I will outline a mode of resolution in the proper sense along with consideration. (The meaning of "emotion": are there unconscious emotions?). (shrink)

5-MeO-DMT is a psychedelic substance with a short duration of action and intensive effects. Its therapeutic efficacy and practicality may significantly surpass those of classical psychedelics such as ayahuasca and LSD. -/- This retrospective ethnographic inquiry features a woman in her mid-thirties who witnessed her mother's violent suicide and its bloody aftermath at the age of three. Before and after that, her childhood was characterized by domestic violence and sexual abuse perpetrated by several members of her family and extended family. (...) In her twenties and thirties, she dated a member of the local mafia with the intention of asking him to kill her father, who had been the main perpetrator of the sexual abuse and violence. This plan was eventually not carried out, but it reflected her deep bitterness and wrath. -/- A process initiated in her early thirties involving four 5-MeO-DMT sessions and a few additional sessions with psilocybin and ayahuasca in the course of two years completely resolved her symptoms related to the abuses, to the extent that she could rebuild a functional relationship with her father and feel love and compassion towards him. This outcome, i.e., the complete reversal of her attitude and emotions towards her father, appeared highly unusual. For the last three years, the outcome had remained stable. -/- The article also presents the perspective of a female facilitator of this treatment process. The article contributes to a better understanding of the use of 5-MeO-DMT in severe traumatization as well as exemplifies the possible positive contributions of actors who are not medical professionals in resolving deep collective traumatization in societies. (shrink)

This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty officials, (...) who are therefore not sufficiently constrained by law. But the paper looks beyond the discretion of petty officials and argues that, in a way, the biggest threat to legality of our age comes from the proliferation of contractual norms, and the increasing diversion of contractual dispute-resolution into arbitration (and other ADR processes). The paper argues that those who rely on the law to recognise contracts should be subjected to an non-excludable jurisdiction of the courts in respect of all questions of law arising under those contracts, including their proper legal meaning. A compulsory arbitration clause, in other words, should be valid only subject to extensive judicial review of the arbitrator’s decisions. It is argued that contractual arbitration (and other ADR) that does not meet this condition is free-riding on the work of courts and professional lawyers, and should be regarded as antisocial – and that this is true even when it does more perfect justice between the parties. (shrink)

As automating technologies are increasingly integrated into workplaces, one concern is that many of the human workers who remain will be relegated to more dull and less positively impactful work. This paper considers two rival theories of meaningful work that might be used to evaluate particular implementations of automation. The first is achievementism, which says that work that culminates in achievements to workers’ credit is especially meaningful; the other is the practice view, which says that work that takes the form (...) of an open-ended practice is especially meaningful. Of the two, the practice view is the better tool for assessing the future of meaningful work, because achievementism is explanatorily inadequate in two ways. Moreover, the practice view can explain why the most meaningful forms of work cannot be automated. A procedure can only be automated as long as the steps are defined, whereas, in such work, which steps to take is indefinitely open to redefinition. This reveals the real threat to meaningful work to be a political-economic one. The relevant ethical questions there have to do with how much creative control workers retain in crafting their own jobs, when those jobs involve meaningful work in collaboration with machines; and how to liberate workers from jobs that do not involve meaningful work, which should be left to machines anyway. (shrink)

In the last century, philosophers turned their attention to language. One place they have looked for clues about its nature is Plato’s Cratylus, which considers whether names are naturally or conventionally correct. The dialogue is a source of annoyance to many commentators because it does not take a clear position on the central question. At times, it argues that language is conventional, and, at other times, defends the view that language is natural. This lack of commitment has led to a (...) longstanding dispute over the outcome of the dialogue. I argue that the Cratylus provides no clear resolution to this problem because it presupposes certain unexamined metaphysical commitments about the nature of reality, which are in need of thorough investigation. (shrink)

Abstract In this paper, I pursue the question whether extending democratic rights to work is good in the broadest possible sense of that term: good for workers, firms, market economies, and democratic states. The argument makes two assumptions in a broadly consequentialist framework. First, the configuration of any relationship among persons in which there is less rather than more coercion makes individuals better off. Second, extending democratic rights to work will entail costs and benefits to both the power and authority (...) of employers and meaningful work for employees. These costs and benefits cannot be determined in advance because they are largely empirical, but there are still good reasons for expanding worker participation all-things-considered. First, I examine the parallel case for extending democratic rights to the workplace based on several similarities between politics and work organization. In addition, I consider the objections from voluntariness and efficiency. Although both objections raise interesting problems I believe that a properly formulated conception of democratic workplaces can answer them. In the final section, I sketch a minimal conception of these rights at the level of the firm that does not require a large-scale transformation of the market economy. (shrink)

The study investigated university workers’ perception of the verbal and non-verbal communication variables that are important to workplace peace. Three research questions were posed. Questionnaires were used for data collection. The analysis was done using simple percentages. The results showed that for verbal communication, participants considered a rich vocabulary and good diction as very important to workplace peace. For non-verbal communication, politeness and words of endearment were rated most important to workplace peace.

This paper is, in part, a report on the conclusions reached at a retreat on Part One of Kant's Conflict of the Faculties, held at the Center for Insight into Philosophic Health, Education, and Renewal, in Mendocino, California. It argues that Kant's distinction between the public and private spheres does not remove but intensifies the philosopher's duty to influence the general public. I conclude with some reflections on how a Kantian philosopher might have a positive influence on religious communities. Includes (...) an appendix coauthored by Richard W. Mapplebeckpalmer. (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)

In a recent article, Madelaine Ley evaluates the future of work, specifically robotised workplaces, via the lens of care ethics. Like many proponents of care ethics, Ley draws on the approach and its emphasis on relationality to understand ethical action necessary for worker wellbeing. Her paper aims to fill a research gap by shifting away from the traditional contexts in which care ethics is employed, i.e., health and care contexts and instead appropriates the approach to tackle the sociotechnicity of robotics (...) and how caring should be integrated into non-traditional contexts. This paper comments on that of Ley’s, making the case that the author does, in fact, achieve this end while still leaving areas of potential future research open to buttressing the approach she presents. (shrink)

This paper is, in part, a report on the conclusions reached at a retreat on Part One of Kant's Conflict of the Faculties, held at the Center for Insight into Philosophic Health, Education, and Renewal, in Mendocino, California. It argues that Kant's distinction between the public and private spheres does not remove but intensifies the philosopher's duty to influence the general public. I conclude with some reflections on how a Kantian philosopher might have a positive influence on religious communities. Includes (...) an appendix coauthored by Richard W. Mapplebeckpalmer. (shrink)

This paper inquires into how the new techniques of 14th-century physics, especially the doctrines of the maxima and minima of powers and the latitudes of forms, were applied to the issue of propagation of light. The focus is on several Prague disputed questions, originating between 1377 and 1409, dealing with whether illumination has infinite or finite reach and whether illumination’s intensity remains constant (uniformis) or is rather uniformly decreasing (uniformiter difformis). These questions are contextualised through examination of Oxford, Paris, and (...) Prague sources of the era (John Dumbleton, John Buridan, Nicole Oresme, Albert of Saxony, Henry of Langenstein, John of Holland) to construct a fresh survey of late medieval theories of light. Along the way, the discovery of a hitherto unknown Prague disputation from the 1370s is announced, and new evidence for the dating and Central European dissemination of Jacobus de Sancto Martino’s De latitudinibus formarum and Nicole Oresme’s Questiones super Geometriam is uncovered. (shrink)

With the current international competition among global companies, Business English as a Lingua Franca (BEFL) has become a necessity. As for one, Boardwalk Direct Selling Company recognizes the adoption of the BEFL concept within the organization to equip its workforce with adequate English language skills at par with global standards. This study aims to assess the organization’s current English proficiency and the readiness of its employees to embrace BEFL. This also presents the major English language skills areas that need improvement (...) through training intervention. A stratified sampling method is utilized to extract data via an online survey. Respondents are strategically chosen to represent different strata such as organizational departments or groups, job levels, tenure, and age. A convenient size of 34 respondents participated in this study. Generally, respondents acknowledge the importance of the English language skill set in their job functions and as criteria for their career growth. Half of the sampling population affirms their English language proficiency. However, the study reveals that Boardwalk employees are willing to subject themselves to improving their English skills, most particularly in speaking and writing aspects. Given their willingness, the employees recommend that the company strengthen its BEFL trainings across the organization. Moreover, with the current setup of mostly working from home due to COVID restrictions, majority of the employees prefer online learning. (shrink)

This paper studies the conflict between critical rationalism and critical theory in Karl Popper and Theodor Adorno’s 1961 debate by analyzing their shared rejection of Karl Mannheim’s sociology of knowledge. Despite the divergences in their respective projects of critical social research, Popper and Adorno agree that Mannheim’s sociology of knowledge is uncritical. By investigating their respective assessments of this research program I reveal a deeper similarity between critical rationalism and critical theory. Though both agree on the importance of critique, they (...) are less concerned with the development of critical consciousness as a focus of this project. In this way, Mannheim’s sociology of knowledge, particularly in its formative stages, revolves around a set of problems relatively inaccessible to critical rationalism and critical theory, since it is centrally concerned with identifying and cultivating the possibility of critique in society. In closing, I gesture to the importance of political education in Mannheim’s early work, suggesting that a return to these experimental texts will yield resources for political thought today. (shrink)

A new online social network service – Threads – was recently created and launched by Mark Zuckerberg to compete with Twitter. The rate at which people throughout the world accepted and created accounts on this new social network within hours of its creation and launching was prodigious. Conflicts have been inevitable in the world. As one of the Sustainable Development Goals of the United Nations (SDGs) (Goal 16) has to do with peaceful coexistence by the year 2030, this paper aims (...) at comparing the features of Twitter that can be used for conflict resolution to the emerging features of Threads. The paper gives the origin and acceptance of Threads. The discussion in the paper is based on the review of some selected literature, Public Sphere as a Theory of social media, an empirical review of a previous study, and comparisons of some features of Twitter with those of Threads. The paper concluded by giving a recommendation that while Twitter as a social network should not be jettisoned especially in resolving conflicts, the new social network – Threads – should be studied more to discover how it can be used better to resolve conflicts and promote peaceful coexistence in society thereby achieving Goal 16 of the SDGs by the year 2030. (shrink)

Purpose. The purpose of this study is to investigate how professionals learn from varying experiences with errors in health-care digitalization and develop and use negative knowledge and digital ignorance in efforts to improve digitalized health care. Design/methodology/approach. A two-year qualitative field study was conducted in the context of a public health-care organization working with digital patient communication. The data consisted of participant observation, semistructured interviews and document data. Inductive coding and a theoretically informed generation of themes were applied. Findings. The (...) findings show that both health-care and digital communication professionals learn through experiences with digital “rule-” and “knowledge-based” errors in patient communication and develop negative knowledge and awareness of digital ignorance. In their joint efforts, they use negative knowledge to “bend the rules” and to explore digital ignorance in efforts to improve patient communication. Originality/value. This study provides insight into the importance of collaboration between professionals with varying experience of errors in digitalizing patient communication. Such collaboration is required to acknowledge own shortcomings and create complementary negative knowledge to improve digital patient communication. This is particularly important when working with innovative digitalization in health care. (shrink)

This paper defends substantivism about disputes in the metaphysics of composition. That is, it defends the view that disputes about the metaphysics of composition are substantial: they are neither merely apparent disputes in which disputants are talking past one another in virtue of disagreeing about the truth conditions for certain sentences; nor are they disputes in which there is no fact of the matter in the world in virtue of which one party to the dis-pute is (...) right and the other(s) wrong. (shrink)

In the 1990s, a debate raged across the whole postsocialist world as well as in Western development agencies such as the World Bank about the best approach to the transition from various forms of socialism or communism to a market economy and political democracy. One of the most hotly contested topics was the question of the workplace being organized based on workplace democracy (e.g., various forms of worker ownership) or based on the conventional employer-employee relationship. Well before 1989, (...) many of the socialist countries had started experimenting with various forms of "self-management" operating in more of a market setting, Yugoslavia being the most developed example. Thus one "path to the market" would .. (shrink)

The West German positivist dispute in the 1960s is well known and thoroughly studied. At about the same time positivist disputes also took place in two Scandinavian countries: one in Norway and one in Sweden. What did the front lines in the debate look like in the three countries? What was the outcome of the different disputes? The main focus in the article is on the Swedish case, but some comparative perspectives relating to the three disputes will (...) also be presented. The Swedish positivist dispute originated with Gerard Radnitzky’s doctoral dissertation in theory of science, defended at the University of Gothenburg in May 1968, Contemporary Schools of Metascience (2 volumes). The dissertation caused a stir of controversy. It meant a challenge to the Swedish philsophical establishment because it leaned heavily on continental philosophers such as Karl-Otto Apel and Jürgen Habermas, who at the time were more or less unknown in Sweden. The controversy was continuated in the following years, most notably in the leftist journal Häften för kritiska studier (Notebooks for Critical Studies). (shrink)

In Willing, Wanting, Waiting, Richard Holton lays out a detailed account of resolutions, arguing that they enable agents to resist temptation. Holton claims that temptation often leads to inappropriate shifts in judgment, and that resolutions are a special kind of first- and second-order intention pair that blocks such judgment shift. In this paper, I elaborate upon an intuitive but underdeveloped objection to Holton’s view – namely, that his view does not enable agents to successfully block the transmission of temptation in (...) the way that he claims, because the second-order intention is as equally susceptible to temptation as the first-order intention alone would be. I appeal to independently compelling principles – principles that Holton should accept, because they help fill an important explanatory gap in his account – to demonstrate why this objection succeeds. This argument both shows us where Holton’s view goes wrong and points us to the kind of solu-tion we need. In conclusion, I sketch an alternative account of resolutions as a first-order intention paired with a second-order desire. I argue that my account is not susceptible to the same objection because a temptation that cannot be blocked by an intention can be blocked by a desire. (shrink)

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)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation (...) of overtime and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

Genetic testing in the workplace is a technology both full of promise and fraught with ethical peril. Though not yet common, it is likely to become increasingly so. We survey the key arguments in favour of such testing, along with the most significant ethical worries. We further propose a set of pragmatic criteria, which, if met, would make it permissible for employers to offer (but not to require) workplace genetic testing.