Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

Aworkshop was held August 26–28, 2015, by the Earth- Life Science Institute (ELSI) Origins Network (EON, see Appendix I) at the Tokyo Institute of Technology. This meeting gathered a diverse group of around 40 scholars researching the origins of life (OoL) from various perspectives with the intent to find common ground, identify key questions and investigations for progress, and guide EON by suggesting a roadmap of activities. Specific challenges that the attendees were encouraged to address included the following: What key (...) questions, ideas, and investigations should the OoL research community address in the near and long term? How can this community better organize itself and prioritize its efforts? What roles can particular subfields play, and what can ELSI and EON do to facilitate research progress? (See also Appendix II.) The present document is a product of that workshop; a white paper that serves as a record of the discussion that took place and a guide and stimulus to the solution of the most urgent and important issues in the study of the OoL. This paper is not intended to be comprehensive or a balanced representation of the opinions of the entire OoL research community. It is intended to present a number of important position statements that contain many aspirational goals and suggestions as to how progress can be made in understanding the OoL. The key role played in the field by current societies and recurring meetings over the past many decades is fully acknowledged, including the International Society for the Study of the Origin of Life (ISSOL) and its official journal Origins of Life and Evolution of Biospheres, as well as the International Society for Artificial Life (ISAL). (shrink)

Desire is an important philosophical topic that deeply impacts everyday life. Philosophical practice is an emerging trend that uses philosophical theories and methods as a guide to living a eu‐ daimonic life. In this paper, we define desire philosophically and compare different theories of desire in specific Eastern and Western traditions. Based on the Lacanian conceptual–terminological triad of “Need‐Demand‐Desire”, the research of desire is further divided into three dimensions, namely, the subject of desire, the object of desire, and the desire (...) itself. The concept of desire is then an‐ alyzed from this triad and these three dimensions through different philosophical theories. This paper selects Buddhism as the representative of Eastern tradition, and Stoicism as the representative of the West, paying special attention to Stoicism’s “spiritual exercises” following Pierre Hadot. By exploring and comparing the Buddhist paths to liberation from suffering (i.e., the Four Noble Truths and the Noble Eightfold Path) and the two theoretical pillars in Stoicism (i.e., the notions of “living according to nature” and “the dichotomy of control”), practical guidance is then provided for un‐ derstanding and regulating desire in times of crisis. This understanding and regulation of desire constitutes a philosophical therapy for today’s troubles, particularly those caused by excessive or irrational desires. (shrink)

In this eleventh book of scilogs – called in-turns and out-turns –, one may find new and old questions and solutions, referring mostly to topics on Neutrosophy, but also Multispace, with miscellaneous addition of topics on Physics, Mathematics, or Sociology – email messages to research colleagues, or replies, notes about authors, articles, or books, spontaneous ideas, and so on. -/- Exchanging ideas with Prem Kumar Singh, Feng Liu, Nicolae Bălașa, Jimmy Quellet, Minodora Rușchița, Frank Gelli, A. R. Vătuiu, Victor (...) Christianto, Vladimir I. Rogozhin, Robert Neil Boyd, Akira Kanda, Stefan Spaarmann, Oliver Consa, Yabin Shao, Junle Zhuo, Nivetha Martin, Said Broumi, Jean Dezert, Erick González, Tomasz Witczak, B. De Baets, I. Couso, D. Dubois, L. Good, Mihaela Colhon, Atiqe Ur Rahman, Muhammad Saeed, Muhammad Ihsan, Edeline Nancy, Shawkat Alkhazaleh, Shazia Rana, Vasantha Kandasamy, Santanu Acharjee, Mohamed Al-Shmrani, Parimala Manie, Mehmet Unver, Murat Olgun, Adel Aleidhri, Akira Kanda, Ilanthenral Kandasamy, Mircea Zărnescu, R. Tayebi Khorami, Arsham Borumand Saeid, Maisam Jdid, M. Abobala, Riad Hamido, Rafael Rojas, Esmaeil Zarei, Faisal Khan, Rouzbeh Abbassi, Adel Al-Odhari, Henry Garrett, Ackbar Rezaei, Saeid Jafari, Karthika Muthusamy, Harish Garg, Huda E. Khalid, Gonca D. Güngör, Muslim A. Noah Zainal, Fakhry Asad Agusfrianto, Madeleine Al-Tahan, Mariam Hariri, Yudi Mahatma, Masoud Ghods, Marco Brigliadori, Luis Enrique Aponte Pérez, Amr Mohammed, M. Aslam (in order of reference in the book). (shrink)

This tenth volume of Collected Papers includes 86 papers in English and Spanish languages comprising 972 pages, written between 2014-2022 by the author alone or in collaboration with the following 105 co-authors (alphabetically ordered) from 26 countries: Abu Sufian, Ali Hassan, Ali Safaa Sadiq, Anirudha Ghosh, Assia Bakali, Atiqe Ur Rahman, Laura Bogdan, Willem K.M. Brauers, Erick González Caballero, Fausto Cavallaro, Gavrilă Calefariu, T. Chalapathi, Victor Christianto, Mihaela Colhon, Sergiu Boris Cononovici, Mamoni Dhar, Irfan Deli, Rebeca Escobar-Jara, Alexandru Gal, N. (...) Gandotra, Sudipta Gayen, Vassilis C. Gerogiannis, Noel Batista Hernández, Hongnian Yu, Hongbo Wang, Mihaiela Iliescu, F. Nirmala Irudayam, Sripati Jha, Darjan Karabašević, T. Katican, Bakhtawar Ali Khan, Hina Khan, Volodymyr Krasnoholovets, R. Kiran Kumar, Manoranjan Kumar Singh, Ranjan Kumar, M. Lathamaheswari, Yasar Mahmood, Nivetha Martin, Adrian Mărgean, Octavian Melinte, Mingcong Deng, Marcel Migdalovici, Monika Moga, Sana Moin, Mohamed Abdel-Basset, Mohamed Elhoseny, Rehab Mohamed, Mohamed Talea, Kalyan Mondal, Muhammad Aslam, Muhammad Aslam Malik, Muhammad Ihsan, Muhammad Naveed Jafar, Muhammad Rayees Ahmad, Muhammad Saeed, Muhammad Saqlain, Muhammad Shabir, Mujahid Abbas, Mumtaz Ali, Radu I. Munteanu, Ghulam Murtaza, Munazza Naz, Tahsin Oner, ‪Gabrijela Popović‬‬‬‬‬, Surapati Pramanik, R. Priya, S.P. Priyadharshini, Midha Qayyum, Quang-Thinh Bui, Shazia Rana, Akbara Rezaei, Jesús Estupiñán Ricardo, Rıdvan Sahin, Saeeda Mirvakili, Said Broumi, A. A. Salama, Flavius Aurelian Sârbu, Ganeshsree Selvachandran, Javid Shabbir, Shio Gai Quek, Son Hoang Le, Florentin Smarandache, Dragiša Stanujkić, S. Sudha, Taha Yasin Ozturk, Zaigham Tahir, The Houw Iong, Ayse Topal, Alptekin Ulutaș, Maikel Yelandi Leyva Vázquez, Rizha Vitania, Luige Vlădăreanu, Victor Vlădăreanu, Ștefan Vlăduțescu, J. Vimala, Dan Valeriu Voinea, Adem Yolcu, Yongfei Feng, Abd El-Nasser H. Zaied, Edmundas Kazimieras Zavadskas.‬‬. (shrink)

1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding and (...) topic revitalized the study of the printed word. Gadamer’s turn to language for understanding the meaning of Being also appealed to the post-modern antipathy toward modernity and metaphysics.3 If the truth and validity of interpretations are limited to communities of language, then our mode of being in history cannot but be historical. This point of view rendered Gadamer’s phenomenological hermeneutics vulnerable to the critique of moral and epistemological relativism. However, Gadamer’s theory of interpretation also stems from re-examination of the beginning of knowledge in the Pre-Socratics and Plato, and on this basis, is receptive to another dimension of inquiry than that which was trending in North America. -/- At the East-West Center, University of Hawai’i at Manoa in 1982, Chung-ying Cheng for the first time introduced onto-hermeneutics to an audience of esteemed philosophers including Li Zehou, Ren Jiyu, Feng Youlan, and Zhang Liwen.4 In contrast to schools of deconstruction and literary theory that had disengaged the interpreter from trans-historical sources of meaning and truth, Cheng explained that interpreters exist within a cosmological order inextricable from responsibility to harmonize Heaven and Earth in creative acts of interpretation. By integrating Chinese cosmology into hermeneutics through ontology, he tacitly challenged philosophers in the West to re-examine assumptions about humanity’s place in nature and by implication, Gadamer’s recovery of the beginnings of knowledge in Western philosophy. -/- Cheng’s Neo-Confucianism is inspired by the method and goals of Thomé H. Fang. The following words by Fang seem to prefigure, although in an indistinct and bundled way, aspects of Cheng’s philosophy including a Mencian theory of human nature, comprehensive observation, and creativity: “In the very process of living in concord with creative Nature, Man is charged with an ideal to be fully realized in the light of the principle of comprehensive harmony.”5 Like Fang, Cheng reinvigorates Chinese culture and language, but not solely in order to vindicate the insights of Neo-Confucianism. He has studied Western thought, from pragmatism and the analytic school to German idealism and phenomenology, to unlock and clarify philosophical concepts within the Yijing tradition and thereby render them intelligible to Anglophones. The result has been an awakening of Western scholars to the moral and cultural consequences of decoupling their thought from metaphysical foundations that are neither dogmatic nor doctrinal. -/- Not unlike the dialectic of Gadamer’s dialogue form, onto-generative hermeneutics integrates contrary positions on the same topic in order to blend both sides into a world philosophy, or as Cheng says, a “totalizing or integrative theory,”6 not to be confused with a theoretical rewording of a theory. On the contrary, the universal scope and relevance of hermeneutics stems from personal experience. Just as Gadamer, in response to faction and strife, immersed himself in Plato during the war years, and developed a method with which to harmonize opposites, so too, according to On-cho Ng, was Cheng moved by faction, strife and political persecution to develop a path toward unity.7 Gadamer taught at McMaster University in Hamilton, Ontario, and Cheng at the University of Hawai’i at Manoa among other institutions in North America. They facilitated trans-continental educational and cultural ties. Similar experiences yield similar insights irrespective of differences of time and place. Hence, authors in this issue who reside in Europe, China and North America, delineate the differences between Gadamer and Cheng, yet also, in light of Cheng’s onto-generative method and cosmology, develop integrative theories. Due to the page-budget restriction of the publisher, certain articles of this special theme will be subsequently published in the next issue. -/- 2 Integrative Theory This special issue of The Journal of Chinese Philosophy confirms a dimension of hermeneutics that Cheng has both motivated and inspired. The contributors do not abide by the conviction that since thought is mediated by language, interpretations cannot transcend culture. On the contrary, their research exemplifies the fruits of trans-historical onto-dialogical hermeneutics within limits defined by their field inquiry, organized into Parts I and II, around three themes: language, the philosophy of history and ethics. -/- Andrew Fuyarchuk introduces the theme of ontology in relation to Gadamer’s turn to language. Fuyarchuk argues that Chung-ying Cheng’s criticism of Gadamer’s hermeneutics is informed by Heidegger’s concept of Dasein and thereby overlooks how Gadamer’s Platonic-Pythagorean problem of the division between the One and Many is harmonized in the event of language, which in turn positions Gadamer in proximity to the presupposed grounds of receptivity in Cheng’s onto-generative hermeneutics. Lauren Pfister’s contributing article addresses the year 2000 meeting between Cheng and Gadamer in Heidelberg and expands the transhistorical grounds of meaning in Gadamer to matters of theology. Pfister’s summary of the written Chinese record of their conversation indicates that Cheng does not address the role of Christian philosophy and hence, the role of the inner word in Gadamer’s hermeneutics. This is important not only for detecting changes in Cheng’s philosophical development, but also for modifying his hermeneutics along the lines of a living conversation, possibilities explored by Pfister in a sequel to the article submitted to this issue. Nevertheless, by raising the issue of how Gadamer’s turn to language for understanding the meaning of Being extends possibilities in Cheng’s thought, Pfister anticipates the article by Katarina Gajdosova. She returns to the roots of Chinese thought during the Warring States period and broadens the meaning of names in recently excavated texts. Contrary to the conventions about how to understand terms, she appeals to both Heidegger’s ontology and Cheng’s notion of receptivity and creativity to reinterpret naming in relation to cosmology. Along the same lines, insofar as the event of Being is lingual, Jay Goulding captures its emergent structure in an evolving community of scholars and scholarship. He recalls his philosophical journey toward Cheng’s philosophy that begins in conversations with Gadamer at McMaster University in Hamilton, leads to Heidegger and Asian thought, expands into turning points with teachers and colleagues from various backgrounds that by increments contributed to Goulding’s formulation of “Daoist phenomenology.” -/- Although differing traditions guide their inquiries and research, Cheng and Gadamer recall the wisdom of the past to ameliorate the fragmentation in contemporary life. This leads them to re-examine the origins of philosophy; historical roots and thus sources of creative re-interpretations East and West whose affinities are developed in contributions by Hyun Höchsmann and Friederike Assandri. Höchsmann assesses convergences and divergences in the origins of Chinese and Western philosophy (Confucius and Socrates, the Yijing and Pre-Socratics) that culminates in pairing Gadamer’s understanding of paideia in the context of Plato’s political cosmology in the Timaeus with moral and social cultivation in The Western Inscription. She delineates the limits of this comparison which in turn justifies introducing Vattimo’s notion of locality. Assandri’s comparative analysis moves between India and China, Buddhism and Tang Daoism. Based on Gadamer’s argument that writing detaches concepts from their cultural moorings, she defines and applies three levels of understanding in onto-generative hermeneutics to Buddhist terms that were assimilated into the Benji Jing and in so doing clarifies essential dimensions of Daoism. -/- Contributions by Stephen Palmquist and Nicholas Brasovan position Cheng in relation to Kant and Gadamer by way of Aristotle’s ethics respectively. On the one hand, Palmquist plots Cheng’s evolving criticism of Kant’s moral philosophy and draws on crucial dimensions of Gadamer’s hermeneutics to reposition that criticism in a constructive relation to Kant’s emphasis on the philosophical conditions of morality while also indicating how religious dimensions of his thought answer Cheng’s concerns for lived moral action. For Palmquist, Gadamer enables a constructive criticism of Cheng. On the other hand, Brasovan compares Cheng’s Yijing-based account of moral deliberation with Gadamer’s Aristotelian-based ethics and reasons that in contrast to Cheng, Gadamer’s hermeneutical consciousness is disengaged from practical knowledge. For Brasovan, Cheng is a constructive critic of Gadamer. Palmquist and Brasovan’s divergent angles on Gadamer and Cheng map onto a dialectic of contrast and complementarity that constitutes the inner logic of Cheng’s philosophy. In other words, Gadamer and Cheng ought to be read alongside one another for the sake of removing discrepancies and contradictions, which constitutes the organic structure of their thinking. -/- 3 Our Mode of Being in History Is Not Historical The conversations between Cheng and Gadamer in this issue of The Journal of Chinese Philosophy pivot on language, philosophy of history and ethics within a comparative framework of analysis, but also explore the grounds that make the comparisons possible. Those grounds are informed by Chinese cosmology, and function to wrest Gadamer from the shadow of Heideggerian facticity and reposition him within the range of Cheng’s ideas about our place in nature that is embedded in his question about how mind emerges from inorganic matter.8 -/- For Gadamer scholars of Heidegger, human finitude, our ownmost individuating death ensures that hermeneutics is always open to the other as other, always on the way toward understanding the meaning of Being. To arrest the process in a concept of “the Absolute” cannot but represent someone’s point of view, and thereby render hermeneutics indistinguishable from ideology. However, insofar as finitude is defined by them in terms of an onto-theological concept of immorality, finitude is a metaphysical concept consistent with epistemologies and confuse beings with the meaning of Being. As a result, the celebrated political value of hermeneutics to always be on the way toward an understanding of the meaning of Being admits subtle variations on the same worldview that are insufficiently self-critical. -/- Gadamer scholars of Heidegger are right. A transformation in ethos and opening to the meaning of Being depends on awareness of finitude. Yet this awareness does not yield openness to more of the same, i.e., discourse structurally incapable of coming to unity but instead, for both Gadamer and Cheng, openness to a distinctly different ontological dimension of reality. As Sandra Wawrytko and So-Seong Park indicate,9 this ontological dimension is prefigured in the experience of being-as-a-whole or the totality of all possible relations in both Chinese totemic shamanistic rituals,10 and Greek Dionysian festivals.11 Through these religious experiences human ethos and therefore consciousness is expanded and elevated from being centered on one’s ownmost concerns toward an affinity with all sentient beings from insects and plants to animals. The channel for this affinity is an auditory disposition and hence, the emotions, compassion, and feeling response. -/- The capacity for an auditory disposition, or as Gadamer calls it, listening consciousness to respond to the inter-relationality and therefore inherent balance of nature is developed through music, song and dance of the religious rituals and festivals. They facilitate the unity of mind with nature. This use of music, that transforms ordinary consciousness, explains Cheng’s emphasis on the receptivity of feeling response in comprehensive observation, and Gadamer’s emphasis on openness to the other in attunement. However, an auditory disposition characteristic of pre-literate oral cultures that reveals the “All” need not rely on religion. As theorists about the evolution of language have explained,12 modern languages preserve their pre-historical past in music or prosody. That is to say, the song and dance that revealed the totality of inter-related beings to an ethos of comprehensive observation and attunement toward beings in classical civilizations is retained in the back-and-forth movement or rhythm of the dialogue form. Our mode of being in history is a mode of being in nature – through the music of language. -/- While alerting the reader to the limits of a nominalist interpretation, Gadamer expresses the inner law of the nature as follows: “in perishing there is always becoming, and in becoming there is always perishing.”13 Considered in process, opposites generate and blend into each other. This law of nature applies to everything.14 Hence, in a manner comparable to Pfister’s concluding insights, onto-dialogical hermeneutics is not only open to discrete events of otherness but moreover, to the moving structure of reality expressed, as Gajdosova suggests, in the existential moment of naming. Considered as interplay of tension and resolution with a life of its own, the dialectic of a dialogue is self-similar to the way in which an organism grows (by instinct). There is, therefore, a sense in which the art of interpretation extends the human mind into the eternal cycles of nature such that we participate in the articulation of the inner telos/homeostasis toward which all beings strive and importantly for Gadamer scholars of Heidegger, within the material limits of energy to which our embodied minds are self-evidently subject. In mortality there is always immortality. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

Starting from the many-world interpretation of quantum mechanics, this work gives a holistic view of consciousness. The entirety is complete and does not possess any particular physical properties or subjective experience. It is the superposition of all possibilities. Its partition, however, gives rise to physical properties and subjective experience simultaneously. They play complementary roles to each other. The latter cannot be conveyed to a third person, and cannot be reduced to the former. It in fact fills the informational gap which (...) is impossible for the former to fill. The casual effect and the privilege of subjective experience are related to the role it plays, which is to identify the subject's self location. (shrink)

This paper connects the hard problem of consciousness to the interpretation of quantum mechanics. It shows that constitutive Russellian pan(proto)psychism (CRP) is compatible with Everett’s relative-state (RS) interpretation. Despite targeting different problems, CRP and RS are related, for they both establish symmetry between micro- and macrosystems, and both call for a deflationary account of Subject. The paper starts from formal arguments that demonstrate the incompatibility of CRP with alternative interpretations of quantum mechanics, followed by showing that RS entails Russellian pan(proto)psychism. (...) Therefore, CRP and RS are mutually supportive. It then provides a unified ontological picture by combining CRP and RS. The challenge faced by CRP, the combination problem, can be resolved by adopting a RS version of quantum mechanics. Technically, this is achieved by a co-consciousness relation capable of explaining the difference between first-person and third-person perspectives. The hierarchical structure of the relation removes any concern on the structural mismatch between the physical and the phenomenal. (shrink)

El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

The second law of thermodynamics is traditionally interpreted as a coarse-grained result of classical mechanics. Recently its relation with quantum mechanical processes such as decoherence and measurement has been revealed in literature. In this paper we will formulate the second law and the associated time irreversibility following Everett’s idea: systems entangled with an object getting to know the branch in which they live. Accounting for this self-locating knowledge, we get two forms of entropy: objective entropy measuring the uncertainty of the (...) state of the object alone, and subjective entropy measuring the information carried by the self-locating knowledge. By showing that the summation of the two forms of entropy is a conserved and perspective-free quantity, we interpret the second law as a statement of irreversibility in knowledge acquisition. This essentially derives the thermodynamic arrow of time from the subjective arrow of time, and provides a unified explanation for varieties of the second law, as well as the past hypothesis. (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)

Residents' high medical expenses is the core challenge that needs to be solved urgently in China's medical reform for a long time. Based on the panel data of 30 provinces in Chinese Mainland during 2011–2019, we evaluate the impact of China's national comprehensive medical reform pilot policy on residents' medical expenses by using the difference-in-differences model. The results show that the pilot policy was generally conducive to reducing residents' medical expenses, resulting in a reduction of 2.13% in per capita medical (...) expenses for inpatients, but the effect on per capita medical expenses for outpatients was insignificant. Mechanism analysis shows that hospital competition and institutional environment played a moderating role in the effect of the pilot policy on residents' medical expenses reduction. The more intense the hospital competition and the better the institutional environment, the more significant of the reduction effect. In addition, the reduction effect of the pilot policy was greater in the central provinces, the provinces with poor medical infrastructure, and the provinces with strong financial strength. This study provides useful policy insights for deepening medical reform and reducing residents' medical expenses. (shrink)

This paper presents five studies on the development and validation of a scale of intellectual humility. This scale captures cognitive, affective, behavioral, and motivational components of the construct that have been identified by various philosophers in their conceptual analyses of intellectual humility. We find that intellectual humility has four core dimensions: Open-mindedness (versus Arrogance), Intellectual Modesty (versus Vanity), Corrigibility (versus Fragility), and Engagement (versus Boredom). These dimensions display adequate self-informant agreement, and adequate convergent, divergent, and discriminant validity. In particular, Open-mindedness (...) adds predictive power beyond the Big Six for an objective behavioral measure of intellectual humility, and Intellectual Modesty is uniquely related to Narcissism. We find that a similar factor structure emerges in Germanophone participants, giving initial evidence for the model’s cross-cultural generalizability. (shrink)

In the 16th century, western science made a great leap. Meanwhile, in China, the development of textual criticism (including scholars Gu Yanwu 1613-1682, Dai Zhen 1724-1777, Duan Yucai 1735-1815, Wang Niansun 1744-1832) also facilitated the development of scientific factors (Hu Shi 1967).This paper argues that Qian-Jia scholars爷work represented a new era of traditional research that the value of scholarships and intellectual work (starting from Gu Yanwu 1613-1682, Dai Zhen 1724-1777, Duan Yucai 1735-1815, Wang Niansun 1744-1832, etc.) is essentially based on (...) what they created and believed, overtly or overtly, the principle of logic certainty—a newly developed indigenous rationalism in the Chinese intellectual history. (shrink)

The oil and gas industry is a complex data-driven industry with compute-intensive, data-intensive and business-intensive features. Cloud computing and big data have a broad application prospect in the oil and gas industry. This research aims to highlight the cloud computing and big data issues and challenges from the informatization in oil and gas industry. In this paper, the distributed cloud storage architecture and its applications for seismic data of oil and gas industry are focused on first. Then,cloud desktop for oil (...) and gas industry applications are also introduced in terms of efficiency, security and usability. Finally, big data architecture and security issues of oil and gas industry are analyzed. Cloud computing and big data architectures have advantages in many aspects, such as system scalability, reliability, and serviceability. This paper also provides a brief description for the future development of Cloud computing and big data in oil and gas industry. Cloud computing and big data can provide convenient information sharing and high quality service for oil and gas industry. (shrink)

The Swiss psychologist Jean Piaget contends that children below the age of 12 see no necessity for the logical law of non-contradiction. I argue this view is problematic. First of all, Piaget's dialogues with children which are considered supportive of this position are not clearly so. Secondly, Piaget underestimates the necessary nature of following the logical law of non-contradiction in everyday discourse. The mere possibility of saying something significant and informative at all presupposes that the law of non-contradiction is enforced.

The paper begins with the assumption that in order to explain the efficacy of harmony as an organizing force in human and natural affairs we must pay attention to the dynamic features characteristic of the growth and maintenance of harmonious forms. Two dynamic features are highlighted for their especial significance: revitalization, and self-surpassing. It is then argued that the two are substantively connected through the agency of creativity which, when given free reign, tends to preserve and fortify harmony by surpassing (...) existing harmonious configurations. It follows that the impetus towards self-transcendence is a vital aspect of the growth, the sustenance, and the flourishing of harmony. I then argue that this urge towards self-transcendence can be broadly identified with Plato's notion of Eros. Nevertheless, I also argue that this affinity does not commit us to a rigid Platonic scheme of the sort criticized by Chenyang Li (2014) as harmony by conformity. (shrink)

Green space around the university campus is of paramount importance for emotional and psychological restorations in students. Positive emotions in students can be aroused when immersed in green space and naturalness. However, to what extent can perceived naturalness influence students' positive emotion remains unclear, especially in the context of COVID-19 countermeasures. This study, therefore, attempts to investigate in-depth the nature and strength of the relationships between students' positive emotion and their perceived naturalness, place attachment, and landscape preference, which are potentially (...) varying across universities in different social and environmental contexts and different restrictions policies regarding the COVID-19 pandemic. (shrink)

In this paper, I analyse Agrippa’s trilemma, an old skeptical argument that questions the possibility of justifying any arbitrary belief p and its paradox about jus-tification. Assuming that neither infinitism nor skepticism are satisfactory positions, the main alternatives available to face the problem (foundationism, coherentism and epistemic externalism) are outlined, as well as some central arguments that show the serious difficulties they face. In the case of foundationalism, these problems arise from two dilemmas, which work together with the trilemma to (...) make our philosophical life even more difficult: the so-called Sellar’s dilemma and Bergmann’s dilemma —although the latter is a very general attack on internalism. The former calls into question the inte-lligibility of a key idea of standard foundationalism: the notion of justified basic belief. The second casts doubt on the rational sustainability of epistemic internalism, which is a usual presupposition of the presentation of the trilemma. I explore a Humean way out of the trilemma that also manages to escape such dilemmas. Like any position in this difficult territory the way out has costs. However, they do not seem unaffordable. Here I only intend to tentatively present the idea, as a possible way out of our difficulties, which deserves to be seriously discussed. (shrink)

Background: Postoperative pneumonia is a preventable complication associated with adverse outcomes, that greatly aggravates the medical expenses of patients. The goal of our study is to identify risk factors and outcomes of postoperative pneumonia.

The purpose of the article is to reveal the scientific approach that substantiates the impact of the creation of strategic alliances (SA) on the digital transformation of business and the development of their innovative power based on identified success factors. The aim was achieved using the following methods: abstract logic and typification (for classification of SA's success factors), generalization (to determine the peculiarities of SA's influence on their innovation development), analytical and ranking method (to determine the relationship between the dynamics (...) creating of SA and the degree of acceleration of digital transformation), expert evaluation (to determine the degree of influence of SA success factors by business areas). Implementing a business-integrated approach to understanding digital transformation will accelerate implementation of innovation and organizational change, identifies future prospects for market, customer and business relationships, highlighting the importance of researching the factors that ensure their success. An alternative vision of SA’s success factors is suggested, which are determined by the possibilities the organization of partnerships and organizational culture, integration of business sectors, compatibility of management goals, external relevance, obtaining synergies. Innovation is considered by the authors as an integration factor that reconciles all groups of SA success factors, giving them the necessary focus to solve business problems. The results of the study show that the creation of SA has a significant impact on accelerating and changes priority of digital transformation of business areas involved in strategic partnerships, and the impact of SA on the development of their innovation power is crucial. (shrink)

People are motivated by shared social values that, when held with moral conviction, can serve as compelling mandates capable of facilitating support for ideological violence. The current study examined this dark side of morality by identifying specific cognitive and neural mechanisms associated with beliefs about the appropriateness of sociopolitical violence, and determining the extent to which the engagement of these mechanisms was predicted by moral convictions. Participants reported their moral convictions about a variety of sociopolitical issues prior to undergoing functional (...) MRI scanning. During scanning, they were asked to evaluate the appropriateness of violent protests that were ostensibly congruent or incongruent with their views about sociopolitical issues. Complementary univariate and multivariate analytical strategies comparing neural responses to congruent and incongruent violence identified neural mechanisms implicated in processing salience and in the encoding of subjective value. As predicted, neuro-hemodynamic response was modulated parametrically by individuals’ beliefs about the appropriateness of congruent relative to incongruent sociopolitical violence in ventromedial prefrontal cortex, and by moral conviction in ventral striatum. Overall moral conviction was predicted by neural response to congruent relative to incongruent violence in amygdala. Together, these findings indicate that moral conviction about sociopolitical issues serves to increase their subjective value, overriding natural aversion to interpersonal harm. (shrink)

In this book, Ilhan Inan questions the classical definition of curiosity as _a desire to know._ Working in an area where epistemology and philosophy of language overlap, Inan forges a link between our ability to become aware of our ignorance and our linguistic aptitude to construct terms referring to things unknown. The book introduces the notion of inostensible reference. Ilhan connects this notion to related concepts in philosophy of language: knowledge by acquaintance and knowledge by description; the referential and the (...) attributive uses of definite descriptions; the _de re/de dicto_ distinction; and Kripke’s distinction between rigid and accidental designators. Continuing with a discussion of the conditions for curiosity and its satisfaction, Inan argues that the learning process—starting in curiosity and ending in knowledge—is always an effort to transform our inostensible terms into ostensible ones. A contextual account is adopted for the satisfaction of curiosity. It then discusses the conditions of successful reference to the object of curiosity and its presuppositions. The book concludes with a discussion on the limits of curiosity and its satisfaction. (shrink)

According to data provided by CRAN, in November 2023, the number of downloads of the bayesvl program reached 293, showing an increase of +57.5% compared to the previous month.

The central aim of this article is to specify the ontological nature of constitutive mechanistic phenomena. After identifying three criteria of adequacy that any plausible approach to constitutive mechanistic phenomena must satisfy, we present four different suggestions, found in the mechanistic literature, of what mechanistic phenomena might be. We argue that none of these suggestions meets the criteria of adequacy. According to our analysis, constitutive mechanistic phenomena are best understood as what we will call ‘object-involving occurrents’. Furthermore, on the basis (...) of this notion, we will clarify what distinguishes constitutive mechanistic explanations from etiological ones. 1 Introduction 2 Criteria of Adequacy 2.1 Descriptive adequacy 2.2 Constitutive–etiological distinction 2.3 Constitution 3 The Ontological Nature of Constitutive Mechanistic Phenomena 3.1 Phenomena as input–output relations 3.2 Phenomena as end states 3.3 Phenomena as dispositions 3.4 Phenomena as behaviours 4 Phenomena as Object-Involving Occurrents 4.1 What object-involving occurrents are and why we need them 4.2 The object in the phenomenon 4.3 The adequacy of option 5 Conclusion. (shrink)

Accomplishing the sustainable development goal is challenging and requires the joint effort of the whole community, especially when humans are approaching the climate tipping point [1]. To contribute to promoting sustainable development, the AISDL Team has aggregated reliable and open-access scientific journals about environmental issues here as sources of knowledge for any interested researchers.

In her Idea of Perfection, Ms. Murdoch criticizes what she takes to be an existentialist conception of ethics. This conception is not, however, existentialist, either in the sense in which Sartre characterized it, or any of those other existentialists from Dostoyevsky onwards. Whether her alternative ethic is better or worse than that of the existentialist, I do not know; but the one is not in contrast to the other.

This collection of writings on aesthetics includes selections from Theodor Adorno, Walter Benjamin, Mikhail Bakhtin, Sigmund Freud, Martin Heidegger, Amy Mullin, Friedrich Nietzsche, and Frederich Wilhelm Joseph von Schelling. This collection may still be available as a print-on-demand title at the Ryerson University bookstore.

This paper examines the adequacy of causal graph theory as a tool for modeling biological phenomena and formalizing biological explanations. I point out that the causal graph approach reaches it limits when it comes to modeling biological phenomena that involve complex spatial and structural relations. Using a case study from molecular biology, DNA-binding and -recognition of proteins, I argue that causal graph models fail to adequately represent and explain causal phenomena in this field. The inadequacy of these models is due (...) to their failure to include relevant spatial and structural information in a way that does not render the model non-explanatory, unmanageable, or inconsistent with basic assumptions of causal graph theory. (shrink)

The article is aimed at studying environmental responsibility of multinational enterprises in electronics and IT sectors. The main aspects of environmental policy of global business enterprises have been systematized, their characteristics for such high-tech market leaders as Alphabet Inc, IBM and Intel Corporation have been given. Corporate policies have been analyzed and compared in three aspects of environmental activity of the companies selected for this study: waste recycling, energy use and environmental impact. The results of the analysis of eco-responsible companies’ (...) practices show that each company forms management style and tools by implementing environmental responsibility, but none of them has managed to hold higher positions in the ranking of business environmental responsibility. Reserves for activating eco-oriented companies’ policy in IT sector have been identified. (shrink)

It is sometimes thought that the Problem of Evil entails the inexistence of God. However, this is not the case: it only entails the inexistence of an omnipotent-benevolent god, of which the God of Classical Theism is an example. As for ‘limited’ deities such as that of process theology, or malevolent deities such as that of dystheism, the problem of evil is not a problem at all.

The Ganga is one of the most sacred and worshipped river of India, is regarded as the cradle of Indian civilization. Uttar Pradesh the largest state of India is blessed with the most holy and important river in its region but due to increased urbanization and industrialization this river is under intimidation of high water pollution. The major objectives of the present study were to investigate heavy metal's concentration in water and sediments of the River Ganga. Water and sediments collected (...) from different locations were analyzed for Iron (Fe), Chromium (Cr), Lead (Pb),Nickel(Ni) and Zinc(Zn). The concentration of these heavy metals in the study area indicates that the river is highly polluted. The possible sources of these heavy metal pollutants are diverse, originated from natural or anthropogenic sources and point sources. The concentrations determined were more than the maximum admissible and desirable limit when compared with the National and International organizations like WHO, USEPA. Exposure to heavy metals has been linked to chronic and acute toxicity developing retardation, neurotoxicity, kidney damage, various cancers, liver damage, lung damage, and fragile bones and even death in instances of very high exposure. (shrink)

It is reasonable to say that the team had efficiently managed its limited resources to overcome the very challenging months before its fifth anniversary (Aug. 1, 2022).

Intermediate phenomena of reality present particular characteristics of systemic self-organization, multilevel interrelations, recursivity, emergence of new «objects» with properties different from those of the elements that form them, and evolutionary dynamics, that probably need the formulation of new theoretical concepts and different paradigm principles. The sciences or perspectives of complexity, or the «complex» thinking, try to respond adequately to this complexity of reality. This approach adopts a multidimensional, integrated and dynamic view of reality: the world is made up of overlapping (...) levels of different elements which produce new properties or new organizations at higher levels. If we conceive what we call languages as simple and decontextualized objects, we can understand some of the more mechanical aspects but we will ignore their conditions of existence, functionality, maintenance, variation, change and extinction. (shrink)

This paper seeks to bring cosmopsychism, a contemporary metaphysical position on the nature of mind and consciousness, into contact with the philosophical tradition of Hinduism. Behind this exercise lies the motivation to examine how ideas developed within this rich tradition could aid in the effort to think constructively and creatively about issues which occupy the contemporary literature on panpsychism, and in particular cosmopsychism. I argue that, within the Hindu philosophical corpus, contemporary cosmopsychism finds its most natural allies in two world-affirming (...) views: Kashmir Śaivism, and the integral Advaita of Sri Aurobindo. After discussing these views, and their affinities to cosmopsychism, I argue that one important potential contributions of such perspectives lies in the fact that they present us with a form of priority monism little developed within contemporary philosophy. I call this neglected perspective generative monism, and I offer a preliminary exposition of the view and of its explanatory potential. (shrink)

This collection for a course in Social Thought and the Critique of Power includes selections from Sandra Bartkey, Wendy Brown, Judith Butler, Luc Boltanski, Eve Chiapello, Juergin Habermas, Margaret Kohn, Saskia Sassen, Margit Mayer, David Ciavatta, Michael Hardt, Antonio Negri, and Jeremy Waldron. Selections include material on the city, neoliberalism, computer-mediated life, precarity, cosmopolitanism, and gender. This packet may still be available as a print-on-demand title at the Ryerson University Bookstore.

This out-of-print collection in the area of European twentieth-century political philosophy includes selections from Adorno, Benjamin, Benhabib, Marcuse, Ciavatta, Comay, Honneth, and Fraser.

This collection in the area of continental philosophy of language, aesthetics, and semiotics includes articles and book selections from Derrida, Ricouer, McCumber, Oliver, Sheshradi-Krooks, Lacan, and Kristeva. This collection is available in the University of Guelph bookstore.

This out-of-print collection on animal rights, applied ethics, and continental philosophy includes readings by Martin Heidegger, Karin De Boer, Martha Nussbaum, David De Grazia, Giorgio Agamben, Peter Singer, Tom Regan, David Morris, Michael Thompson, Stephen Jay Gould, Sue Donaldson, Carolyn Merchant, and Jacques Derrida.

This out-of-print, two-volume, photocopy packet, in the area of "Surrealism and the Politics of the Particular" includes readings on language, meaning, and surrealism from Adorno, Benjamin, McCumber, Breton, Heidegger, Freud, Kristeva, Ricouer, and Bataille.

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

I show that the recent account of levels in neuroscience proposed by Craver and Bechtel is unsatisfactory since it fails to provide a plausible criterion for being at the same level and is incompatible with Craver and Bechtel’s account of downward causation. Furthermore, I argue that no distinct notion of levels is needed for analyzing explanations and causal issues in neuroscience: it is better to rely on more well-defined notions such as composition and scale. One outcome of this is that (...) apparent cases of downward causation can be analyzed away. (shrink)

The original book chapter does not have an abstract. However, I have written an abstract for this repository: Religious life encompasses a wide diversity of situations for which the emotional tone is on a continuum from extreme euphoria to extreme dysphoria. In this book chapter, we propose the novel hypothesis that euphoria and dysphoria have distinctly separate functional consequences for religious evolution and survivability. This is due to the differential cognitive states that are created in euphoric and dysphoric situations. Based (...) on readings from religious studies and cognitive psychology, we propose that euphoria in religion is conducive to social bonding and situations needing lateral thinking and creativity; whereas dysphoria in religion is conducive to situations where precision and analogical reasoning are necessary. (shrink)

The aptly called “simulation hypothesis” is the latest version of the historical skeptical philosophical speculation. The simulation hypothesis in its contemporary form is tied to sense inputs from sources (typically technologically based) other than external objects in the immediate environment. Let’s explore this: so why might some people take the modern-day philosophical simulation hypothesis seriously, and others think it is a bunch of covfefe? A wide-ranging consideration of the belief that we are living in a simulated world. Considers both philosophical (...) and psychological aspects of such belief. An annotated reference list is provided for those interested in pursuing the topic in more detail. (shrink)

A critic of metaphysically robust accounts of the human self, Nietzsche means not to do away with the self entirely, but to reimagine it. He pursues an account according to which the unity of the self is born out of a coherent organization of drives and yet is not something other than that organization. Readers of Nietzsche have pointed to a so-called “lack of fit” between this theoretical account of the self, according to which the self is nothing apart from (...) the organization of drives, and Nietzsche’s practical account of human agency, which often seems to require that the self be something more than mere drives. I suggest Nietzsche’s interest in Greek agonistic norms of contest sheds light on this apparent incongruity. Agonistic relationships, insofar as they cultivate contest among diverse forces, are for Nietzsche one appropriate model for the subjectivity of beings whose psychology is similarly characterized by contest among diverse forces—that is, beings like us. (shrink)

The idea of levels of organization plays a central role in the philosophy of the life sciences. In this article, I first examine the explanatory goals that have motivated accounts of levels of organization. I then show that the most state-of-the-art and scientifically plausible account of levels of organization, the account of levels of mechanism proposed by Bechtel and Craver, is fundamentally problematic. Finally, I argue that the explanatory goals can be reached by adopting a deflationary approach, where levels of (...) organization give way to more well-defined and fundamental notions, such as scale and composition. (shrink)