Climate change adaptation is largely a local matter, and adaptation planning can benefit from local climate change projections. Such projections are typically generated by accepting climate model outputs in a relatively uncritical way. We argue, based on the IPCC’s treatment of model outputs from the CMIP5 ensemble, that this approach is unwarranted and that subjective expert judgment should play a central role in the provision of local climate change projections intended to support decision-making.

I provide a new account of what it is for the laws of nature to govern the evolution of events. I locate the source of governance in the content of law propositions. As such, I do not appeal to primitive notions of ground, essence, or production to characterize governance. After introducing the account, I use it to outline previously unrecognized varieties of governance. I also specify that laws must govern to have two theoretical virtues: explanatory power as well as a (...) theoretical virtue I call expansiveness. A theory is expansive, roughly, when it can do more with less. (shrink)

Face-to-face learning engagement has been suspended due to the health crisis that affected the whole world. This led to the adaptation of modular distance learning to continue delivering quality education. As the transition continues, its effectiveness has been frequently assessed. The key purpose of this study is to determine the relationship between the level of implementation of modular distance learning and English Writing Proficiency among the senior high school students in Saint Joseph College Maasin City School year 2021-2022. The study (...) employed a descriptive correlational design with 39 purposively chosen respondents. The main tools used in gathering the data were questionnaires, learning modules, and rubrics. Findings revealed that the implementation of modular distance learning (MDL) has an overall very satisfactory rating based on the perception of the students. The student’s perception of the implementation of modular distance learning and their writing proficiency is significantly related. Moreover, it revealed that students had difficulties in finding supplementary learning materials and educational support from home. The researcher recommends a set of guidelines for the successful and effective implementation of modular distance learning as the output of the study. (shrink)

I explore proposals for stating identity criteria in terms of ground. I also address considerations for and against taking identity and distinctness facts to be ungrounded.

Models of discourse and narration elaborated within the classical compositional framework have been characterized as bottom-up models, according to which discourse analysis proceeds incrementally, from phrase and sentence local meaning to discourse global meaning. In this paper we will argue against these models. Assuming as a case study the issue of discourse coherence, we suggest that the assessment of coherence is a top-down process, in which the construction of a situational interpretation at the global meaning level guides local meaning analysis. (...) In support of our hypothesis, we explore the role of executive functions (brain functions involved in planning and organization of goal-oriented behaviors) in coherence’s establishment, discussing the results of several studies on narrative abilities of patients with brain injuries. We suggest that, compared to other models of discourse processing focused on comprehension, our model is a viable candidate for an integrated account of discourse comprehension and production. (shrink)

Despite the common use of the concept of emergence, no uncontroversial theoretical framework has been yet formulated in this regard. In this paper, I examine what this circumstance suggests about the significance and usefulness of this concept. I first trace a brief history of the notion of emergence from its first formulation among the British Emergentists to its contemporary uses. Then, I outline its most common features and examine three examples of emergent phenomena, namely particle decay, free will, and division (...) of labour in ant colonies. These three cases of emergence exhibit different features and imply criteria which only partially overlap. I then suggest that the multiplicity of features and criteria recognised as defining emergence, rather than being a threat to the tenability of the concept, should encourage the assumption of a pluralist attitude that is consistent with both the employment of this idea in different sciences and the recognition of emergent phenomena across different levels of organisation. Finally, I propose that emergence can be approached in a similar way to how Richard Boyd approached the problem of natural kinds, namely by identifying an open cluster of properties, rather than a set of necessary and sufficient conditions. (shrink)

As highlighted by the last IPCC report on climate change (IPCC 2022), in addition to mitigation strategies relying on technological innovation and national and international policies, a relevant way to deal with the climate crisis is through personal behaviours such as shifting to sustainable diets. Despite being described as strategies relying on individual choices, however, the need for a global dietary change is hindered by some common narratives about food that have a relevant social dimension. Among them, the most entrenched (...) and troublesome are those related to the idea of «freedom of choice» or «consumer autonomy» (Korthals 2004; Kaplan 2019), which have at their core the idea that humans should always be free to choose their foods. The realisation of a shift from the actual diets, which in developed countries has an extremely high environmental impact, to more sustainable ones, helpful in reaching mitigation targets, seems therefore to require an examination and change in the collective stories we tell about food and, especially, an adjustment of those “freedom narratives” about our relationships with it. In this paper I first suggest that freedom narratives are misleading because the right to food choice is conflated with the right to adequate (quantity and quality of) food. Then, I show that freedom narratives are too narrow because they imply a too narrow view of human rights and lack contextual depth. Novel narratives about food should therefore be broader and should offer deeper knowledge about the relationships between humans, food and the environment. In the frame of these novel, wider stories about food, individual shifts toward sustainable lifestyles will be easier, and these achievements might be able to benefit both climate change mitigation and adaptation. (shrink)

This study explores the relation between pain sensitivity and the cognitive processing of words. 130 participants evaluated the pain-relatedness of a total of 600 two-syllabic nouns, and subsequently reported on their own pain sensitivity. The results demonstrate that pain-sensitive people (based on their self-report) associate words more strongly with pain than less sensitive people. In particular, concrete nouns like syringe, wound, knife, and cactus, are considered to be more pain-related for those who are more pain-sensitive. We discuss our results in (...) the light of three theoretical frameworks – cognitive bias, prototype theory, embodied account. We argue that the latter is best suited to explain the results of this study in the sense in which it implies the principle of body specificity, according to which different bodily characteristics lead to corresponding differences in the way in which people construct concepts and word meanings. (shrink)

When do probability distribution functions (PDFs) about future climate misrepresent uncertainty? How can we recognise when such misrepresentation occurs and thus avoid it in reasoning about or communicating our uncertainty? And when we should not use a PDF, what should we do instead? In this paper we address these three questions. We start by providing a classification of types of uncertainty and using this classification to illustrate when PDFs misrepresent our uncertainty in a way that may adversely affect decisions. We (...) then discuss when it is reasonable and appropriate to use a PDF to reason about or communicate uncertainty about climate. We consider two perspectives on this issue. On one, which we argue is preferable, available theory and evidence in climate science basically excludes using PDFs to represent our uncertainty. On the other, PDFs can legitimately be provided when resting on appropriate expert judgement and recognition of associated risks. Once we have specified the border between appropriate and inappropriate uses of PDFs, we explore alternatives to their use. We briefly describe two formal alternatives, namely imprecise probabilities and possibilistic distribution functions, as well as informal possibilistic alternatives. We suggest that the possibilistic alternatives are preferable. -/- . (shrink)

Feeding is a fundamental physiological need that falls within the realm of what we consider natural. However, throughout history, human beings have developed and employed several techniques to produce and manipulate food. Therefore, if the classical metaphysical distinction between natural and artefactual entities must be accepted, our food seems to predominantly fall into the latter category. Yet, discussions of artefacts do not typically involve organisms but rather material objects that cannot be found “in nature”. Thus, food may appear as a (...) sui generis artefact. This paper, after an analysis of the relationships holding between food and human beings, suggests that the former, rather than being an unusual artifact is the quintessential artifact, one that seems to reflect better than any other the complex connections between Homo sapiens and its environment. (shrink)

The article of Montecchi and Bufacchi is a very interesting and comprehensive analysis of the risk factors involved in the phenomenon of immigrant children. The condition of migrant involves several individual and relational changes, which form the basis for the development of psychopathology or a risky behaviour.

In the United States, roughly 1 out of 4 births takes place at a hospital certified as Baby-Friendly. This paper offers a multi-disciplinary perspective on the Baby-Friendly Hospital Initiative (BFHI), including empirical, normative, and historical perspectives. Our analysis is novel in that we trace how medical practices of “quality improvement,” which initially appear to have little to do with breastfeeding, may have shaped the BFHI. Ultimately, we demonstrate that a rich understanding of the BFHI can be obtained by tracing how (...) norms of gender/motherhood interact with, and are supplemented by, other normative, historical, and institutional realities. We conclude with suggestions for practical revisions to the BFHI. (shrink)

The distinctive experiences of multiracial people have been underexplored in philosophy. For instance, it is not uncommon for a multiracial person to anticipate or encounter racial denials. A racial denial occurs when a person’s assertion of their racial identity, e.g. “I am Black,” is challenged or called into doubt. While monoracial individuals can generally assert their race without being challenged (e.g. “I am Black” or “I am White”), a multiracial person may be met with the rejoinder, “You aren’t really Black” (...) or “You aren’t really White.” Utilizing Miranda Fricker’s work on epistemic injustice, this essay argues that some racial denials arise because our existing racial vocabulary has gaps, and that these gaps can be traced to unjust origins. Ultimately, this essay’s aim is threefold. First, it aims to understand the nature of racial denials. Second, it demonstrates that attending to the lives multiracial people can yield important insights into race and epistemic injustice. Third, by focusing on multiracial experience, this essay aims to redress — in a limited way — the marginalization of multiracial lives within philosophical theory. (shrink)

En este artículo analizaré el modelo de emergencia propuesto por Maurizio Ferraris en 2016, investigando sus raíces teóricas en su doctrina de la huella (icnología). Después de una revisión dedicada al debate emergentista clásico y contemporáneo, mostraré que la noción de emergencia desarrollada por Ferraris es ontológica y diacrónica. Este emergentismo, que se basa en los conceptos de huella y registro, también se configura como un concepto clave dentro del pensamiento de Ferraris, ya que representa la piedra angular de una (...) visión de la realidad que podemos definir como textualismo metafísico y que se expresa por primera vez en el texto Emergenza de 2016. (shrink)

Memory perspectives on past events allegedly take one of two shapes. In field memories, we recall episodes from a first-person point of view, while in observer memories, we look at a past scene from a third-person perspective. But this mere visuospatial dichotomy faces several practical and conceptual challenges. First, this binary distinction is not exhaustive. Second, this characterization insufficiently accounts for the phenomenology of observer memories. Third, the focus on the visual aspect of memory perspective neglects emotional, agential, and self-related (...) social aspects. Fourth, the focus on the time of recall neglects the fact that visual, emotional, agential, and social aspects of perspective can also be dissociated in the original experience. In this chapter, we move away from the standard visual dichotomy. Instead, we propose that memory perspective is better understood along four lines: visual, agential, emotional, and social. Drawing on empirical research, we argue that these dimensions predict a disposition to recall a past event based on the present situation of the memorizer. This account supports seeing episodic memory as a natural kind, supported by scenario construction mechanisms and minimal memory traces. By remapping the classic distinction between field and observer perspectives along four dimensions, our proposal provides explanatory advantages and secures practical gains by enabling testable hypotheses. (shrink)

Negli ultimi anni, il richiamo al concetto di emergenza si è fatto sempre più diffuso in molte aree della filosofia e della scienza. Il termine viene usato per riferirsi alla circostanza in cui un sistema (fisico, chimico, biologico, ma anche sociale) manifesta delle proprietà e dei comportamenti che sembrano nuovi rispetto a quelli delle sue parti più semplici. Questo libro si propone di chiarire questo fenomeno, tenendo conto, da un lato, che le discipline coinvolte nel dibattito sono molte, quindi un (...) approccio univoco all'emergenza potrebbe non bastare e, dall'altro, che per comprendere cosa sia l'emergenza è necessario delinearne le relazioni con altre questioni filosofiche di primaria importanza come quelle che coinvolgono la fondamentalità, la complessità e la causalità. (shrink)

The continued development of General Circulation Models (GCMs) towards increasing resolution and complexity is a predominantly chosen strategy to advance climate science, resulting in channelling of research and funding to meet this aspiration. Yet many other modelling strategies have also been developed and can be used to understand past and present climates, to project future climates and ultimately to support decision-making. We argue that a plurality of climate modelling strategies and an equitable distribution of funding among them would be an (...) improvement on the current predominant strategy for informing policy making. To support our claim, we use a philosophy of science approach to compare increasing resolution and complexity of General Circulation Models with three alternate examples: the use of machine learning techniques, the physical climate storyline approach, and Earth System Models of Intermediate Complexity. We show that each of these strategies prioritises a particular set of methodological aims, among which are empirical agreement, realism, comprehensiveness, diversity of process representations, inclusion of the human dimension, reduction of computational expense, and intelligibility. Thus, each strategy may provide adequate information to support different specific kinds of research and decision questions. We conclude that, because climate decision-making consists of different kinds of questions, many modelling strategies are all potentially useful, and can be used in a complementary way. (shrink)

Imagine that someone recovers relatively quickly, say, within two or three months, from grief over the death of her spouse, whom she loved and who loved her; and suppose that, after some brief interval, she remarries. Does the fact that she feels better and moves on relatively quickly somehow diminish the quality of her earlier relationship? Does it constitute a failure to do well by the person who died? Our aim is to respond to two arguments that give affirmative answers (...) to these questions. The first argument, which is developed by Dan Moller in “Love and Death”, states that recovering relatively quickly from grief over the deaths of people who are close to us is deeply regrettable, in one respect, because it means that these people were relatively unimportant to us. The second, which derives from some classic literary discussions of grief, states that such a recovery is regrettable because it amounts to abandoning the person who died. Responding to these arguments promises to dissolve certain anxieties about whether we do well by the people we love when they die. Beyond this, it promises to help us better understand what it means to cultivate good relationships with these people during their lives. (shrink)

This study delves into the feasibility of introducing a market in Barangay Tanagan, Calatagan, Batangas, with a primary focus on assessing its viability and potential impact on local economic development. Utilizing survey questionnaires and employing statistical analysis techniques, the research gathered data from a carefully selected sample of 366 residents out of the total population of 4,224. The study evaluates both the potential benefits and challenges associated with establishing the proposed market. Findings, subjected to thorough analysis through methods such as (...) frequency counts and weighted mean calculations, provide valuable insights into discernible patterns, emerging trends, and relevant correlations. This analytical approach contributes to a pragmatic perspective that informs and guides future studies in the field. The study reveals an interest among respondents in the establishment of public markets in their vicinity, recognizing its potential to bolster the barangay and attract diverse opportunities. The anticipated positive impact extends to fostering economic growth and enhancing local commerce in Barangay Tanagan. Consequently, based on these compelling findings, the researchers advocate for a proposal outlining the establishment of a public market in Barangay Tanagan as a means of addressing the identified needs and aspirations of the community. (shrink)

The world of entrepreneurship has historically been linked with taking risks and the potential for significant rewards. However, there persists a notable gender imbalance in the entrepreneurial landscape, wherein women entrepreneurs remain a minority. Women navigating the entrepreneurial path encounter distinct challenges, setting their experiences apart from their male counterparts. In Balayan, Batangas, despite strides towards gender equality, women entrepreneurs continue to face challenges in the entrepreneurial landscape. This qualitative study delves into the experiences of 10 successful female entrepreneurs who (...) met specific criteria. Accordingly, semi-structured interviews are conducted, exploring various aspects of participants' experiences and revealing their motivations, achievements, challenges, and strategies. Thematic analysis reveals the connection between familial, community-driven, and personal motivations that drive these entrepreneurs forward. Despite facing obstacles such as financial constraints and gender biases, they prioritize financial gains and personal growth. With resilience, innovation, and dedication, these women overcome challenges and achieve success, utilizing support networks and online marketing strategies to their advantage. Recommendations include empowering women in entrepreneurship, strengthening support networks, introducing tailored financial literacy programs, and advocating against gender biases. Implement skill development initiatives and provide specialized education in online marketing. Engage in policy advocacy, celebrate success stories, and continuously research challenges and successes. Foster collaborative partnerships between businesses, educational institutions, and communities, and advocate for increased funding opportunities for sustainable growth. This research emphasizes the strength and capabilities of women entrepreneurs in Balayan, Batangas, affirming that "pink doesn't mean weak.". (shrink)

The latest news from our planet is threatening: climate change, pollution, forest loss, species extinctions. All these words are frightening and there is no sign of improvement. Simple logic leads to the conclusion that humanity has to react, for its own survival. But at the scale of a human being, it is less obvious. Organizing one’s daily life in order to preserve the environment implies self-questioning, changing habits, sacrificing some comfort. In one word, it is an effort. Then, what justifies (...) such an effort? The personal choice to act in order to preserve our environment is often made by simple altruism. This choice is based on our love for other human beings: our love for the others grounds our effort. Our moral values, our ethical reflections and our religious beliefs are the deep core of these choices. “This is my commandment, that you love one another as I have loved you.” (John 15.12 NRSV). This Charter shows the moral and religious values that can help us react regarding the current environmental crisis and it should empower us to transcend the ideas of effort and sacrifice in order to consider the respect of the shared house, in a prophetic fulfillment of the being. (shrink)

A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most (...) influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights. (shrink)

Pierwszorzędnym przedmiotem badań są przyjęte w Karcie, wprost lub domyślnie, rozstrzygnięcia typu aksjologicznego. Przez „aksjologiczne podstawy” rozumiane są rozstrzygnięcia dotyczące uznania takich, a nie innych, wartości czy dóbr za przedmiot ochrony; a ponieważ chodzi o „podstawy”, przedmiotem zainteresowania są rozstrzygnięcia fundamentalne w takim sensie, że stanowią one uzasadnienie dla bardziej szczegółowych rozstrzygnięć aksjologicznych i normatywnych. Pozwala to m.in. na formułowanie wniosków co do spójności rozstrzygnięć szczegółowych. Zagadnienie aksjologicznych podstaw obejmuje także problematykę relacji między wartościami a prawami podstawowymi oraz zagadnienie ontologicznego (...) statusu wartości i chronionych praw. Artykuł zawiera także wyniki badań nad wprowadzeniem do preambuły Karty w wersji niemieckojęzycznej zapisu o religijnym dziedzictwie, odbiegającego od brzmienia w innych językach mówiącego o dziedzictwie duchowym. (shrink)

Zasadniczym przedmiotem analiz tego opracowania jest pojęcie godności w Karcie praw podstawowych Unii Europejskiej z 7 grudnia 2000 r. Interpretacja Karty prowadzona jest z uwzględnieniem postanowień Traktatu z Lizbony z 13 grudnia 2007 r., który podniósł Kartę do rangi prawa traktatowego. Uwyraźnienie treści pojęcia godności w Karcie dokonywane jest przez pryzmat paradygmatu rozumienia godności utrwalonego już w prawie międzynarodowym praw człowieka na poziomie uniwersalnym, czyli prawa kształtowanego i funkcjonującego w ramach Organizacji Narodów Zjednoczonych. Paradygmat uniwersalny, w którego centrum znajduje się (...) uznanie godności za przyrodzoną (inherent – „nieoddzielalną), powszechną, równą i za źródło wszystkich praw człowieka, był dotąd w systemach prawnych powszechnie akceptowany. Obejmował on elementy prawnonaturalne, które po doświadczeniach z dwudziestowiecznymi systemami totalitarnymi i systemami – mówiąc słowami Gustawa Radbrucha – „ustawowego bezprawia”, uważane były za pożądane, nie tylko w prawie międzynarodowym. Przy bliższym przyjrzeniu się najważniejszym postanowieniom prawa europejskiego dotyczącym godności i podstaw praw człowieka okazuje się, że paradygmat uniwersalny został radykalnie zakwestionowany – w miejsce ugruntowania praw człowieka w czymś obiektywnym, przyjęto ich ugruntowanie w kulturze. (shrink)

Most Americans and many residents of other democratic countries hold public schools to the social and political goal of preparing children to be good citizens. This goal is being challenged by some new forms of schooling promoted through popular education reform movements, especially in the US. This article reveals potentially insurmountable conflicts between the beliefs and practices of one of those forms of schools, for-profit charter schools, and their public task of educating for citizenship. This study begins by exploring the (...) public nature and purposes of public schools, especially their role in creating particular types of citizens. This understanding of public schooling and good citizenship, then, becomes the theoretical lens for analysing the practices of for-profit charter schools. A critical discourse analysis was conducted of school materials such as websites, curricula, investor relation materials, proposals for new charter schools, and interviews with charter school founders. That analysis was used to indicate aspects of support for and incompatibility with quality citizenship education and to assess the overall likelihood that for-profit schools can educate citizens well. (shrink)

Published in 1951, The origins of totalitarianism was a quantum leap in Hannah Arendt’s academic career. The book made her one of the most important scholars of Nazi ideology. Arendt’s work also won wide acclaim, partly due to a critical review by Eric Voegelin, which did not remain without responses from the author (both in public and in private correspondence). This paper tries to reconstruct the debates of Hannah Arendt and Eric Voegelin (including in the articles New science of politics (...) and Some problems of German hegemony) on the origins of Nazism. (shrink)

The ecological crisis almost forces different disciplines to search together for a better world. We all share one earth: the closer we reach a certain point, the closer we come together. This places the paper amid the so-called science and religion dialogue in which theology increasingly cognises empirical research and scientific data. On the other hand, sciences are becoming increasingly aware of the need to transcend their evidential limitations to find a comprehensive paradigm. This paper will apply an exemplary methodology (...) by selecting the eco-theology of Jürgen Moltmann as a theologian who takes relevant results of scientific ecological research seriously. The Club of Rome, on the other hand, is an example of social (and natural) sciences urging to find a new inclusive paradigm for a world in peril. The juxtaposition of theology and science provides the need for a new value system emerging in social sciences. Randers makes clear that the culture of consumerism had to be replaced by cultural elements that provide substantial longer-term satisfaction and increase well-being. The latest report of the Club of Rome (2022) and Moltmann’s latest two titles on this topic (2019 and 2020) have been integrated into the argument and previous publications of the author. Contribution: This exemplary approach contributes to a scientifically grounded and biblically founded eco-theology. The two exponents of science and eco-theology provide the much-needed vocabulary for each other. The Earth Charter, one could add, provides a grammar for the engagement of eco-theology and environmental science. (shrink)

Neoliberalism is an approach to social policy, now globally influential, that applies market approaches to all aspects of social life, including education. Charter schools, privately operated but publicly funded, are its most prominent manifestation in the U.S. The neoliberal principles of competition, consumerism, and choice cannot serve as foundations of a sound and equitable public education system. Neoliberalism embraces socio-economic inequality overall and in doing so constricts any justice mission its adherents espouse in virtue of serving a relatively disadvantaged student (...) population, as charter schools often (by no means always) do. It constricts educational justice by (1) embracing a “human capital” approach as the primary good of education, (2) creating educational inequality through (unofficially) selecting a relatively advantaged segment of the disadvantaged demographic it serves, (3) denying the effect of poverty on educational performance, and (4) devaluing its students’ familial ethnic cultures. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...) (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

A one-boxer, Erica, and a two-boxer, Chloe, engage in a familiar debate. The debate begins with Erica asking Chloe: ‘If you’re so smart, then why ain’cha rich?’. As the debate progresses, Chloe is led to endorse a novel causalist theory of rational choice. This new theory allows Chloe to forge a connection between rational choice and long-run riches. In brief: Chloe concludes that it is not long-run wealth but rather long-run wealth creation which is symptomatic of rationality.

Entrevista com Érica Danielle Silva por Alex Pereira de Araújo, em julho de 2014, na Paris 3 (Sorbonne Nouvelle). Érica Danielle Silva é doutoranda em Letras, pela Universidade Estadual de Maringá, na linha do Texto e do Discurso e integrante do Grupo de Estudos em Análise do Discurso da UEM – GEDUEM (UEM/CNPq). Entrevistada em julho de 2014, no início de seu estágio sanduíche em Paris, Érica contou um pouco de seu percurso acadêmico, sua pesquisa e as expectativas para as (...) pesquisas na França. (shrink)

The Preamble to the Charter of Rights and Freedoms claims "Canada is grounded upon principles that recognize the supremacy of God." This claim is hopelessly confused and it has no place in our constitution. This is true, moreover, whether you are a Christian, a Jew, a Muslim, a Pantheist, an atheist, or someone who has never given one moment's thought to "the supremacy of God" -- much less "recognized" it.

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, (...) the concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Art can be addressed, not just to individuals, but to groups. Art can even be part of how groups think to themselves – how they keep a grip on their values over time. I focus on monuments as a case study. Monuments, I claim, can function as a commitment to a group value, for the sake of long-term action guidance. Art can function here where charters and mission statements cannot, precisely because of art’s powers to capture subtlety and emotion. (...) In particular, art can serve as the vessel for group emotions, by making emotional content sufficiently public so as to be the object of a group commitment. Art enables groups to guide themselves with values too subtle to be codified. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

The aim of this paper is to discuss the “Austro-American” logical empiricism proposed by physicist and philosopher Philipp Frank, particularly his interpretation of Carnap’s Aufbau, which he considered the charter of logical empiricism as a scientific world conception. According to Frank, the Aufbau was to be read as an integration of the ideas of Mach and Poincaré, leading eventually to a pragmatism quite similar to that of the American pragmatist William James. Relying on this peculiar interpretation, Frank intended to bring (...) about a rapprochement between the logical empiricism of the Vienna Circle in exile and American pragmatism. In the course of this project, in the last years of his career, Frank outlined a comprehensive, socially engaged philosophy of science that could serve as a “link between science and philosophy”. (shrink)

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in Article 2[4] (...) of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains underdeveloped in contemporary just war theory. This essay begins to fill that gap. I argue that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. I then provide an account and limited defense of the deterrence argument. I show that deterrence is morally justified in relatively few cases and examine two problems with the argument: deterrence failures and the level of uncertainty under which leaders who use deterrent force operate. I conclude that we should take seriously the possibility that nonintervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

At the first Online Philosophy Conference back in 2006, I offered some pretty thorough comments on Joshua Knobe and Erica Roedder's x-phi studies on valuing. While they suggested that our concept of valuing involves moral considerations, I argue here that we can explain the observed asymmetries in attribution of values by appeal to the Principle of Charity, even if the concept of valuing is purely psychological and descriptive. Roughly, to make sense of people with conflicted attitudes, we tacitly attribute (...) to them background attitudes that make them come out as lovers of the good as well as believers of truths and as rational as possible. (shrink)

The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)

Corporations are increasingly asked to specify a ‘purpose.’ Instead of focusing on profits, a company should adopt a substantive purpose for the good of society. This chapter analyses, historicises, and radicalises this call for purpose. It schematises the history of the corporation into two main purpose/power regimes, each combining a way of thinking about corporate purpose with specific institutions to hold corporate power to account. Under the special charter regime of the seventeenth to mid-nineteenth centuries, governments chartered companies to pursue (...) specific public purposes. Under criticism for corruption and lack of competition, the special charter regime gave way to the contemporary general incorporation regime, under which no particular purposes are demanded of corporations, and profit-seeking has become the norm. This regime has now come under criticism, with calls for a new social purpose regime. The analysis of these three regimes focuses on politicisation. The chapter argues that orienting companies to substantive social purposes requires politicising the business corporation, creating meaningful accountability mechanisms to align companies with the goals of the public. The purpose paradigm must overcome its political timorousness and be more institutionally radical. The difficulty is doing this without unacceptable corruption and inefficiency. A form of ‘proper politicisation’ is needed. At the end of the chapter, some directions for reform are discussed, which may deliver on that desideratum. (shrink)

Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights are based on equality and individual (...) independence. Freedom, life, and property are the three basic pillars of Locke's theory. However, many international charters that defend human rights also in some way protect personal freedom, life, and property of individuals around the world. One of the international agreements is the Convention on the Rights of the Child in the United Nations, which defends the freedom and security of children worldwide and guarantees their basic rights. In this convention, natural rights patterns, especially those of Locke, can be seen, and he is also considered the spiritual father of human rights and one of the sources of modern human rights, the foundations of natural rights. Therefore, the main purpose of this paper is to examine the foundations of natural rights in the Convention on the Rights of the Child and compare them with the foundations of John Locke. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

The structure "home - world - ideals" is presented as the structure of "philosophical striving" (F. Marković). It could be formally described as a model consisting of a domain, relations and a valuation. On that basis, the identity, openness, and the significance of Croatian philosophy is investigated. The programme of the renewal of Croatian philosophy (as proposed 1882 by Franjo Marković) is re-examined, and some unsolved historical-cultural discontinuities within the programme are described. The written beginnings of Croatian philosophical thought are (...) detected in the Charter of Duke Trpimir (852). (shrink)