Our essay will be focused in the epistolary relation that Elise Reimarus (1735-1805) maintained with Moses Mendelssohn (1729-1786) and F.H. Jacobi (1743-1819) because of the discussion begun by Jacobi after claiming G.E. Lessing (1729-1783) to be a “spinozist”. The analysis of Reimarus’ intervention will be divided in two parts: in the first one, we will shortly contextualize de discussion by giving the tenets of Lessing’s thought that justify Jacobi’s claim; secondly, we will offer an sketch of Elise’s biography in order (...) to proceed afterwards to judge her role within the debate. (i) By showing the way Elise took part in such intellectual affairs and (ii) by noting the relevance of her contributions, (iii) we will close the essay with a reflection on what tools and strategies are to be considered in order to include women when writing history of philosophy and thought. (shrink)

The connection between brain and mind is an important scientific and philosophical question that we are still far from completely understanding. A crucial point to our work is noticing that thermodynamics provides a convenient framework to model brain activity, whereas cognition can be modeled in information-theoretical terms. In fact, several models have been proposed so far from both approaches. A second critical remark is the existence of deep theoretical connections between thermodynamics and information theory. In fact, some well-known authors claim (...) that the laws of thermodynamics are nothing but principles in information theory. Unlike in physics or chemistry, a formalization of the relationship between information and energy is currently lacking in neuroscience. In this paper we propose a framework to connect physical brain and cognitive models by means of the theoretical connections between information theory and thermodynamics. Ultimately, this article aims at providing further insight on the formal relationship between cognition and neural activity. (shrink)

This paper analyses the arguments for and against what we have called automatic organ procurement model in relation to the organs of the deceased. For this purpose, this work provides empirical evidence to assess the potential impact of this model on donation rates and on public opinion. Specifically, we examine first the reasons supporting this model, with special reference to utilitarian and justice arguments. On the other hand, we analyse both the approaches based on the violation of pre mortem and (...) post mortem interests opposing this theoretical model and the rejection the model would generate in the population. Finally, we point out the aspects that, in our opinion, should be exhaustively regulated if this model were implemented. In particular, we refer to the legal status of the human body, the treatments for end-of-life patients, the incentives for health professionals and the recognition of the right to conscientious objection. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...) the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

It is widely recognized that accurately identifying and classifying competitors is a challenge for many companies and entrepreneurs. Nonetheless, it is a paramount activity which provide valuable insights that affect a wide range of strategic decisions. One of the main challenges in competitor identification lies in the complex nature of the competitive relationships that arise in business envi- ronments. These have been extensively investigate over the years, which lead to a plethora of competition theories and frameworks. Still, the concept of (...) competition remains conceptually complex, as none of these approaches properly formalized their assumptions. In this paper, we address this issue by means of an ontological analysis on the notion of competition in general, and of business competition, in particular, leveraging theories from various fields, including Marketing, Strategic Management, Ecology, Psychology and Cognitive Sciences. Our analysis, the first of its kind in the literature, is grounded on the Unified Foundational Ontology (UFO) and allows us to formally characterize why competition arises, as well as to distinguish between three types of business competitive relationships, namely market-level, firm-level and potential competition. (shrink)

For over a decade now, a community of researchers has contributed to the development of the Unified Foundational Ontology (UFO) - aimed at providing foundations for all major conceptual modeling constructs. This ontology has led to the development of an Ontology-Driven Conceptual Modeling language dubbed OntoUML, reflecting the ontological micro-theories comprising UFO. Over the years, UFO and OntoUML have been successfully employed in a number of academic, industrial and governmental settings to create conceptual models in a variety of different domains. (...) These experiences have pointed out to opportunities of improvement not only to the language itself but also to its underlying theory. In this paper, we take the first step in that direction by revising the theory of types in UFO in response to empirical evidence. The new version of this theory shows that many of the meta-types present in OntoUML (differentiating Kinds, Roles, Phases, Mixins, etc.) should be considered not as restricted to Substantial types but instead should be applied to model Endurant Types in general, including Relator types, Quality types and Mode types. We also contribute a formal characterization of this fragment of the theory, which is then used to advance a metamodel for OntoUML 2.0. Finally, we propose a computational support tool implementing this updated metamodel. (shrink)

While epistemic democrats have claimed that majority rule recruits the wisdom of the crowd to identify correct answers to political problems, the conjecture remains abstract. This article illustrates how majority rule leverages the epistemic capacity of the electorate to practically enhance the instrumental value of elections. To do so, we identify a set of sufficient conditions that effect such a majority rule mechanism, even when the decision in question is multidimensional. We then look to the case of sociotropic economic voting (...) in US presidential elections to provide empirical tractability for these conditions. We find that absent such an epistemic capacity a number of presidential elections might well have been decided differently. By generating clear conditions for the plausibility of claims made by epistemic democrats, and demonstrating their correspondence to empirical data, this article strengthens the broader instrumental grounds recommending democracy. (shrink)

Types are fundamental for conceptual modeling and knowledge representation, being an essential construct in all major modeling languages in these fields. Despite that, from an ontological and cognitive point of view, there has been a lack of theoretical support for precisely defining a consensual view on types. As a consequence, there has been a lack of precise methodological support for users when choosing the best way to model general terms representing types that appear in a domain, and for building sound (...) taxonomic structures involving them. For over a decade now, a community of researchers has contributed to the development of the Unified Foundational Ontology (UFO) - aimed at providing foundations for all major conceptual modeling constructs. At the core of this enterprise, there has been a theory of types specially designed to address these issues. This theory is ontologically well- founded, psychologically informed, and formally characterized. These results have led to the development of a Conceptual Modelling language dubbed OntoUML, reflecting the ontological micro-theories comprising UFO. Over the years, UFO and OntoUML have been successfully employed on conceptual model design in a variety of domains including academic, industrial, and governmental settings. These experiences exposed improvement opportunities for both the OntoUML language and its underlying theory, UFO. In this paper, we revise the theory of types in UFO in response to empirical evidence. The new version of this theory shows that many of OntoUML’s meta-types (e.g. kind, role, phase, mixin) should be considered not as restricted to substantial types but instead should be applied to model endurant types in general, including relator types, quality types, and mode types. We also contribute with a formal characterization of this fragment of the theory, which is then used to advance a new metamodel for OntoUML (termed OntoUML 2). To demonstrate that the benefits of this approach are extended beyond OntoUML, the proposed formal theory is then employed to support the definition of UFO-based lightweight Semantic Web ontologies with ontological constraint checking in OWL. Additionally, we report on empirical evidence from the literature, mainly from cognitive psychology but also from linguistics, supporting some of the key claims made by this theory. Finally, we propose a computational support for this updated metamodel. (shrink)

Enterprise Risk Management and security have become a fundamental part of Enterprise Architecture, so several frameworks and modeling languages have been designed to support the activities associated with these areas. Archi- Mate’s Risk and Security Overlay is one of such proposals, endorsed by The Open Group. We investigate the capabilities of the proposed security-related con- structs in ArchiMate with regard to the necessities of enterprise security modeling. Our analysis relies on a well-founded reference ontology of security to uncover ambiguity, missing (...) modeling elements, and other deficiencies of the security mod- eling capabilities in ArchiMate. Based on this ontologically-founded analysis, we propose a redesign of security aspects of ArchiMate to overcome its original limitations. (shrink)

In recent years, there has been an increasing interest in the development of well-founded conceptual models for Service Management, Accounting Information Systems and Financial Reporting. Economic ex- changes are a central notion in these areas and they occupy a prominent position in frameworks such as the Resource-Event Action (REA) ISO Standard, service core ontologies (e.g., UFO-S) as well as financial stan- dards (e.g. OMG’s Financial Industry Business Ontology - FIBO). We present a core ontology for economic exchanges inspired by a (...) recent view on this phenomenon. According to this view, economic exchanges are based on an agreement on the actions that the agents are committed to perform. This view enables a unified treatment of economic exchanges, regardless the object of the transaction. We ground our core ontology on the Unified Foundational Ontology (UFO), discussing its formal and conceptual aspects, instantiating it as a reusable OntoUML model, and confronting it with the REA standard and the UFO-S service ontology. (shrink)

Enterprise Risk Management involves the process of identification, evaluation, treatment, and communication regarding risks throughout the enterprise. To support the tasks associated with this process, several frameworks and modeling languages have been proposed, such as the Risk and Security Overlay (RSO) of ArchiMate. An ontological investigation of this artifact would reveal its adequacy, capabilities, and limitations w.r.t. the domain of risk and security. Based on that, a language redesign can be proposed as a refinement. Such analysis and redesign have been (...) executed for the risk elements of the RSO grounded in the Common Ontology of Value and Risk. The next step along this line of research is to address the following research problems: What would be the outcome of an ontological analysis of security-related elements of the RSO? That is, can we identify other semantic deficiencies in the RSO through an ontological analysis? Once such an analysis is provided, can we redesign the security elements of the RSO accordingly, in order to produce an improved artifact? Here, with the aid of the Reference Ontology for Security Engineering (ROSE) and the ontological theory of prevention behind it, we address the remaining gap by proceeding with an ontological analysis of the security-related constructs of the RSO. The outcome of this assessment is an ontology-based redesign of the ArchiMate language regarding security modeling. In a nutshell, we report the following contributions: (1) an ontological analysis of the RSO that identifies six limitations concerning security modeling; (2) because of the key role of the notion of prevention in security modeling, the introduction of the ontological theory of prevention in ArchiMate; (3) a well-founded redesign of security elements of ArchiMate; and (4) ontology-based security modeling patterns that are logical consequences of our proposal of redesign due to its underlying ontology of security. As a form of evaluation, we show that our proposal can describe risk treatment options, according to ISO 31000. Finally, besides presenting multiple examples, we proceed with a real-world illustrative application taken from the cybersecurity domain. (shrink)

In recent years, there has been an increasing interest in thedevelopment of ontologically well-founded conceptual models for Information Systems in areas such as Service Management, Accounting Information Systems and Financial Reporting. Economic exchanges are central phenomena in these areas. For this reason, they occupy a prominent position in modelling frameworks such as the REA (Resource-EventAction) ISO Standard as well as the FIBO (Financial Industry BusinessOntology). In this paper, we begin a well-founded ontological analysisof economic exchanges inspired by a recent ontological (...) view on the nature of economic transactions. According to this view, what counts asan economic transaction is based on an agreement on the actions thatthe agents are committed to perform. The agreement is in turn based on convergent preferences about the course of action to bring about. This view enables a unified treatment of economic exchanges, regardless the object of the transaction, and complies with the view that all economictransactions are about services. In this paper, we start developing our analysis in the framework of the Unified Foundational Ontology (UFO). (shrink)

In Risk Management, security issues arise from complex relations among objects and agents, their capabilities and vulnerabilities, the events they are involved in, and the value and risk they ensue to the stakeholders at hand. Further, there are patterns involving these relations that crosscut many domains, ranging from information security to public safety. Understanding and forming a shared conceptualization and vocabulary about these notions and their relations is fundamental for modeling the corresponding scenarios, so that proper security countermeasures can be (...) devised. Ontologies are instruments developed to address these conceptual clarification and terminological systematization issues. Over the years, several ontologies have been proposed in Risk Management and Security Engineering. However, as shown in recent literature, they fall short in many respects, including generality and expressivity - the latter impacting on their interoperability with related models. We propose a Reference Ontology for Security Engineering (ROSE) from a Risk Treatment perspective. Our proposal leverages on two existing Reference Ontologies: the Common Ontology of Value and Risk and a Reference Ontology of Prevention, both of which are grounded on the Unified Foundational Ontology (UFO). ROSE is employed for modeling and analysing some cases, in particular providing clarification to the semantically overloaded notion of Security Mechanism. (shrink)

Risk propagation encompasses a plethora of techniques for analyzing how risk “spreads” in a given system. Albeit commonly used in technical literature, the very notion of risk propagation turns out to be a conceptually imprecise and overloaded one. This might also explain the multitude of modeling solutions that have been proposed in the lit- erature. Having a clear understanding of what exactly risk is, how it be quantified, and in what sense it can be propagated is fundamental for devising high-quality (...) risk assessment and decision-making solutions. In this paper, we exploit a previous well-established work about the nature of risk and related notions with the goal of providing a proper interpre- tation of the different notions of risk propagation, as well as revealing and harmonizing the alternative semantics for the links used in common risk propagation graphs. Finally, we discuss how these results can be leveraged in practice to model risk propagation scenarios. (shrink)

Trust is an attitude that an agent (the trustor) has toward an entity (the trustee), such that the trustor counts upon the trustee to act in a way that is benefi- cial w.r.t. to the trustor’s goals. The notion of trust is relevantly discussed both in in- formation science and philosophy. Unfortunately, we still lack a satisfying account for this concept. The goal of this article is to contribute to filling this gap. First, we take issue with some central tenets (...) shared by the main philosophical accounts, such as that there is just one relation of trust, that this relation has three argument places, and that trust is reliance plus some extra factor. Second, we provide a novel account of trust, also discussing different levels of trust. According to the account we put forth here, the logical form of trust sentences is expressed by a four-place relation. Further, we distinguish and characterize four kinds of trust relations and their connections. We also argue that trust and reliance are different phenomena. Third, on the basis of the proposed account, we extend the Reference Ontology of Trust (ROT). We call the new version of ROT that includes this extension ”ROT 3.0”. Finally, we discuss the implications of the new ontological definitions in the applications we have done of the concept of trust in other works, also pointing out future applications made possible by these novel accounts of trust. (shrink)

A scientific community can be modeled as a collection of epistemic agents attempting to answer questions, in part by communicating about their hypotheses and results. We can treat the pathways of scientific communication as a network. When we do, it becomes clear that the interaction between the structure of the network and the nature of the question under investigation affects epistemic desiderata, including accuracy and speed to community consensus. Here we build on previous work, both our own and others’, in (...) order to get a firmer grasp on precisely which features of scientific communities interact with which features of scientific questions in order to influence epistemic outcomes. (shrink)

The Unified Foundational Ontology (UFO) was developed over the last two decades by consistently putting together theories from areas such as formal ontology in philosophy, cognitive science, linguistics, and philosophical logics. It comprises a number of micro-theories addressing fundamental conceptual modeling notions, including entity types and relationship types. The aim of this paper is to summarize the current state of UFO, presenting a formalization of the ontology, along with the analysis of a number of cases to illustrate the application of (...) UFO and facilitate its comparison with other foundational ontologies in this special issue. (The cases originate from the First FOUST Workshop – the Foundational Stance, an international forum dedicated to Foundational Ontology research.). (shrink)

Reification is a standard technique in conceptual modeling, which consists of including in the domain of discourse entities that may otherwise be hidden or implicit. However, deciding what should be rei- fied is not always easy. Recent work on formal ontology offers us a simple answer: put in the domain of discourse those entities that are responsible for the (alleged) truth of our propositions. These are called truthmakers. Re-visiting previous work, we propose in this paper a systematic analysis of truthmaking (...) patterns for properties and relations based on the ontolog- ical nature of their truthmakers. Truthmaking patterns will be presented as generalization of reification patterns, accounting for the fact that, in some cases, we do not reify a property or a relationship directly, but we rather reify its truthmakers. (shrink)

Academic excellence and intelligence are commonly lauded as commendable attributes synonymous with success. However, a disconcerting trend has surfaced within educational institutions, challenging the prevailing narrative of scholastic accomplishment—smart shaming. This research delves into the increasing concern of smart shaming within educational settings, particularly at Immaculate Conception College of Balayan, Inc., questioning the predominant emphasis on academic excellence and intelligence. A qualitative case study design, along with judgmental sampling, was employed to examine fifteen (15) student leaders who had experienced smart (...) shaming on campus. Thematic analysis revealed that sarcastic remarks including "edi wow," "Okay ikaw na matalino," "bidabida," and "sipsip" were a prevalent manifestation of smart shaming, adversely affecting emotional well-being, academic and leadership prowess, mental health, and self-perception. Coping mechanisms, predominantly centered around ignoring and focusing on goals, were identified. The findings underscore the imperative for educators to remain vigilant regarding instances of smart shaming in classrooms, promoting open communication to ensure student well-being. Additionally, guidance counselors play a pivotal role in aiding students in effectively navigating the repercussions of smart shaming. This study advocates for proactive programs and interventions to address and alleviate the deleterious effects of smart shaming on students. (shrink)

Spermatogenesis is the process of producing sperm in the testicles. It occurs in several stages, starting with the primordial germ cells, which differentiate into spermatogonia. Spermatogonia undergo successive mitoses to form primary spermatocytes, which, in turn, undergo meiosis, resulting in secondary spermatocytes. Secondary spermatocytes later transform into spermatids, which are immature sperm. Spermatids undergo maturation and differentiation to become mature sperm, ready for fertilization. This process is highly regulated by hormones and is essential for male fertility and reproduction. Spermatogenesis is (...) a complex process divided into three phases: spermatogonial or proliferative phase, meiotic phase, and spermiogenic phase, which are strictly related to animal physiology. These phases are influenced by several factors, including temperature, nutrition, diseases, and stress. Understanding these factors that influence spermatogenesis determines the animals’ productivity, in cases of changes, it can be suspected whether they are of genetic origin or environmental causes. (shrink)

Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and exit of goods and to (...) pay then refund the price. Moreover, the goods are exposed again to damage and perishing risks. Furthermore, the international sale contract is inherently associated with other international contracts such as goods transport contract, insurance contract and documentary credit through which the price is paid. If the sale contract is terminated, its effect will apply to all other associated contracts, if not performed, which produces many issues and hardships. (shrink)

Janet Radcliffe Richards’ The Ethics of Transplants outlines a novel framework for moral inquiry in practical contexts and applies it to the topic of paid living kidney donation. In doing so, Radcliffe Richards makes two key claims: that opponents of organ markets bear the burden of proof, and that this burden has not yet been satisfied. This paper raises four related objections to Radcliffe Richards’ methodological framework, focusing largely on how Radcliffe Richards uses this framework in her discussion of kidney (...) sales. We conclude that Radcliffe Richards’ method of inquiry hinders our ability to answer the very question that it ought to help us resolve: What is there best reason to do, all things considered? (shrink)

The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I argue that this (...) policy proposal is not only compatible with the right to asylum, but also supported by moral considerations. Despite some undesirable moral features, a market in asylum facilitates the provision of asylum to those who need it. (shrink)

This paper explores various strategies and techniques that retailers use to mitigate buyer resistance and enhance sales effectiveness. It examines methods such as product demonstrations, trial offers, and leveraging third-party testimonials to address consumer hesitations. The paper underscores the importance of understanding buyer concerns related to need, product specifics, sources, pricing, and timing to craft effective sales approaches. Additionally, it discusses the evolving retail landscape, emphasizing the critical role of loyalty programs in fostering consumer retention and encouraging repeat (...) purchases. It also highlights the negotiation process as a tool for building strategic customer relationships and adapting to competitive pressures. Consumer buying behavior, including decision-making stages and factors influencing complex choices, is explored to provide retailers with practical solutions to enhance customer engagement and drive market success. (shrink)

This paper explores various strategies and techniques that retailers use to mitigate buyer resistance and enhance sales effectiveness. It examines methods such as product demonstrations, trial offers, and leveraging third-party testimonials to address consumer hesitations. The paper underscores the importance of understanding buyer concerns related to need, product specifics, sources, pricing, and timing to craft effective sales approaches. Additionally, it discusses the evolving retail landscape, emphasizing the critical role of loyalty programs in fostering consumer retention and encouraging repeat (...) purchases. It also highlights the negotiation process as a tool for building strategic customer relationships and adapting to competitive pressures. Consumer buying behavior, including decision-making stages and factors influencing complex choices, is explored to provide retailers with practical solutions to enhance customer engagement and drive market success. (shrink)

Ongoing research in the fields of genetics and biotechnology hold the promise of improved diagnosis and treatment of genetic diseases, and potentially the development of individually tailored pharmaceuticals and gene therapies. Difficulty, however, arises in determining how these services are to be evaluated and integrated equitably into public health care systems such as Canada's. The current context is one of increasing fiscal restraint on the part of governments, limited financial resources being dedicated to health care, and rising costs for new (...) health care services and technologies. This has led to increasing public debate in the last few years about how to reform public health care, and whether we should prohibit, permit or perhaps even encourage private purchase of health care services. ;In Canada, some of these concerns have crystallized around the issue of gene patents and commercial genetic testing, in particular as illustrated by the case of Myriad Genetics' patented BRACAnalysis test for hereditary breast and ovarian cancer. While most Canadians who currently access genetic services do so through the public health care system, for those with the means, private purchase is becoming an option. This situation raises serious concerns---about justice in access to health care; about continued access to safe and reliable genetic testing supported by unbiased patient information; and about the broader effects of commercialization for ongoing research and the Canadian public health care system. Commercial genetic testing presents a challenge to health care professionals, policy analysts, and academics concerned with the social, ethical and policy implications of new genetic technologies. Using the Myriad case as an exemplar, tools from moral philosophy, the social sciences, and health policy and law will be brought to bear on the larger issues of how as a society we should regulate commercial research and product development, and more coherently decide which services to cover under public health insurance and which to leave to private purchase. Generally, the thesis is concerned with the question of "how best to bring capital, morality, and knowledge into a productive and ethical relationship". (shrink)

Business models for biomedical research prescribe decentralization due to market selection pressures. I argue that decentralized biomedical research does not match four normative philosophical models of the role of values in science. Non-epistemic values affect the internal stages of for-profit biomedical science. Publication planning, effected by Contract Research Organizations, inhibits mechanisms for transformative criticism. The structure of contracted research precludes attribution of responsibility for foreseeable harm resulting from methodological choices. The effectiveness of business strategies leads to overrepresentation of profit values (...) versus the values of the general public. These disconnects in respect to the proper role of values in science results from structural issues ultimately linked to the distinct goals of business versus applied science, and so it seems likely that disconnects will also be found in other dimensions of attempts to combine business and science. The volume and integration in the publishing community of decentralized biomedical research imply that the entire community of biomedical research science cannot match the normative criteria of community-focused models of values in science. Several proposals for changing research funding structure might successfully relieve market pressures that drive decentralization. (shrink)

Due to the shortage of organs, it has been proposed that the ban on organ sales is lifted and a market-based procurement system introduced. This paper assesses four prominent proposals for how such a market could be arranged: unregulated current market, regulated current market, payment-for-consent futures market, and the family-reward futures market. These are assessed in terms of how applicable prominent concerns with organ sales are for each model. The concerns evaluated are that organ markets will crowd out (...) altruistic donation, that consent to sell organs is invalid, that sellers will be harmed, and that commodification of organs will affect human relationships in a negative way. The paper concludes that the family-reward futures market fares best in this comparison but also that it provides the weakest incentive to potential buyers. There is an inverse relationship between how applicable prominent critiques are to organ market models and the increase in available organs they can be expected to provide. (shrink)

There has been considerable debate over regulated organ markets. Especially current markets, where people sell one of their kidneys while still alive, have received increased attention. Futures markets remain an interesting and under-discussed alternative specification of a market-based solution to the organ shortage. Futures markets pertain to the sale of the right to procure people’s organs after they die. There is a wide range of possible specifications of the futures market. There are, however, some major unaddressed efficiency concerns. This article (...) presents this class of concerns and discusses the implication for organ futures markets. It identifies a number of inefficiency sources pertaining to crowding out, bad organs, costs and missed opportunities, family refusals, moral hazard and strength of the provided incentive. However, a complete assessment of futures market requires better knowledge regarding the potential reaction from donors, families and health professionals. (shrink)

Được mừng tuổi có thích hay không, điều này còn tùy thuộc tính cách, quan niệm từng người. -/- Nhưng hôm nay, ngày đầu năm 1-1-2024, được mừng tuổi thì tôi cảm thấy rất thích thú. Vì đó chính là “em”: sales.

This book can be useful for college seniors or graduate students who have studied law to some extent. It also can inspire law professors, business people, Members of the National Assembly, administrative officials, in addition to all intellectuals who suffer from whipping or beating due to an incomprehensible legal structure and mandates relevant with their routine desk work. -/- Chapter 1 of this book examines the essence of existing constitution and international law theories directed to the nature of state power, (...) market and civil democracy in a rapidly developing international society in the age of globalization. Most of discussions had been expended to introduce and survey a new legal perception and its logic of reasoning as a law indebted to the concept of world law theory. Chapter 2 studies the core contents of international law according to the chapter on international law and international relations of the United States. It was spelled out to comply with the explanations and comments incorpated within the 4th edition of the Restatement of the United States. -/- Chapter 3 refers to the legal system characterized as a public law and concerning a regulatory measure over the world market by states. An idealistic class of citizens, who emerged for a capitalist hegemony, generally have a status of sovereign, which came into being as owed to their revolution. However, it is also true that the citizens as an individual or laity are required to obey the regulations of state in the market. The interstate commerce clause of the United States Constitution is generally viewed as being shunned with an intention that state governments' measures to regulate the market should not hinder the prosperity of US market at the federal level. WTO laws known to be the most important international trade law, in fact, have a structure similar to the interstate commerce clause of United States Constitution. In this point of view, scholars gave a name to WTO as the world economic constitutional system. In the same vein, WTO member countries should not hinder the prosperity of a single world market as if the Clause requires pursuing that of a single federal market. Chapter 4 summarizes the core of legal norms, which is purported to study the jurisprudence of global market in coverage of fundamental principles espousing the freedom of contract, laws of sales, contract, documentary letter of credit, basic rule on the agencies of civil law. Therefore, we will be exposed to the laws of United Nations convention on the sales contract (CISG), the United Nations contract law, popularly cllled Principles as well as short introductions for the agency laws and cases relating the civil dispute of documentary L/Cs. -/- I am unfeigned to confess that this book is neither thorough nor complete in terms of the craftsmanship of necessary exhaustiveness. So its contents may insufficiently cover issues or discussions as contrary to the author's purpose. However, I have exerted utmostly to include and cover as much as possible what I think is necessary for readers to grasp new theories and basic principles. I plan to add necessary revisions and supplements as opportunities arise. As a scholar, I always feel cautious and sorry about publishing books. However, the development of global market, civil democracy, and the universal legal system related to them is certainly Darwinistic and an evolutionary joy that can be duly sensed in the field of law. I dare to recommend that readers can enjoy. (shrink)

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...) is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (shrink)

Substantially increased wealth inequality across the developed world has prompted many philosophers, economists and legal theorists to support comprehensive taxes on all forms of wealth. Proposals include levying taxes on the basis of total wealth, or alternatively the change in the value of capital holdings measured from year-to-year. This contrasts with most existing policies that tax capital assets at the point they are transferred from one beneficiary to another through sale or gifts. Are these tax reforms likely to meet their (...) aims of greater economic and political equality? We argue that these policies are likely to fail because, following neoclassical economic theory, they are based on a conception of capital as possessing given values in what amounts to a static equilibrium. This mischaracterizes the dynamic and subjective character of market economies and the contested value of real instantiations of capital goods. This makes them very difficult, often impossible, to value apart from at the point of voluntary transfer or profit realization. This means most taxes levied on a mark-to-market basis will be arbitrary and unfair. We propose alternative policies based on an income realization approach to taxation that are more likely to curb excessive wealth holdings. This includes introducing international treaties that prohibit preferential tax treatment for individual companies and specific sectors, and broadening the income tax base to include the imputed rent of personal housing wealth. (shrink)

Most people agree that inflicting unnecessary suffering upon animals is wrong. Many fewer people, including among ethicists, agree that painlessly killing animals is necessarily wrong. The most commonly cited reason is that death (without pain, fear, distress) is not bad for them in a way that matters morally, or not as significantly as it does for persons, who are self-conscious, make long-term plans and have preferences about their own future. Animals, at least those that are not persons, lack a morally (...) significant interest in continuing to live. At the same time, some argue that existence itself can be good, insofar as one’s life is worth living. For animals, a good life can offset a quick, if early, death. So, it seems to follow that breeding happy animals that will be (prematurely) killed can be a good thing overall. Insofar as slaughter and sale makes it economically sustainable to raise new ones, who would otherwise not exist, raising and killing animals for food who will have lives worth living is good overall. It benefits them as well as consumers, and makes the world better by adding to the sum of happiness. The process of raising and killing animals with positive welfare produces a sequence of replacement that maintains or increases overall welfare, all else being equal (assuming in particular no overall negative impact on the welfare of other parties). Call this the Replaceability Argument (RA) and the ensuing controversy the Replaceability Problem (RP). This is a problem at the crossroads of the ethics of killing, agricultural ethics, procreation ethics, and population ethics. (shrink)

Many people think that citizenship should not be for sale. On their view, it is morally wrong for states to sell citizenship to foreigners. In this article, I challenge this view. I argue that it is in principle permissible for states to sell citizenship. I contend that, if states can permissibly deny foreigners access to citizenship in some cases, then states can permissibly give foreigners the option of buying citizenship in these cases. Furthermore, I defend the permissibility of selling citizenship (...) against the objections that selling citizenship values citizenship in the wrong way, corrupts civic norms, and unfairly discriminates against poor foreigners. I conclude by noting that, although selling citizenship is not intrinsically wrong, it could still be wrong for states to sell citizenship in practice. If existent immigration restrictions are unjust, then it may be impermissible for states to sell citizenship in the real world. (shrink)

In this paper we propose an Ontology of Commercial Exchange (OCE) based on Basic Formal Ontology. OCE is designed for re-use in the Industrial Ontologies Foundry (IOF) and in other ontologies addressing different aspects of human social behavior involving purchasing, selling, marketing, and so forth. We first evaluate some of the design patterns used in the Financial Industry Business Ontology (FIBO) and Product Types Ontology (PTO). We then propose terms and definitions that we believe will improve the representation of contractual (...) obligations, sales processes, and their associated documents. A commercial exchange, for instance, involves mutual agreement to reciprocate actions, such as transferring money, performing a service, or transferring goods. (shrink)

Melalui pandangan Timothy Morton tentang ‘hiposubjektivitas’, artikel ini mencoba memberikan alternatif baru terhadap filsafat manusia yang tidak antroposentris. Antroposentrisme sendiri merupakan paradigma yang memberikan keistimewaan bagi manusia secara kosmologis, epistemik, dan aksiologis. Pandangan alternatif penting karena krisis lingkungan skala besar sedang terjadi dengan akibat kehidupan pada biosfer terancam punah hingga memunculkan usulan klasifikasi waktu geologis baru: dari kala Holosen menjadi Antroposen. Secara ironis, kala Antroposen menunjukkan di satu sisi kebenaran premis antroposentris bahwa kedigdayaan manusia telah berhasil mengintervensi kondisi non-manusia, tetapi (...) di sisi lain perubahan ini kemudian justru membuat manusia tidak berdaya di hadapan krisis yang diakibatkannya sendiri. Melalui konsep hiposubjektivitas, Morton menawarkan penjelasan relasi antara manusia dan non-manusia sebagai suatu kolektif simbiotis yang seharusnya saling bekerja sama melalui solidaritas antara ‘makhluk spesies’. Dengan demikian, artikel ini menekankan pemaknaan bahwa manusia bukanlah segala-galanya di semesta ini. -/- This article proposes a new alternative account to anthropocentric explanations of the philosophy of man through Timothy Morton’s view of ‘hyposubjectivity’. Anthropocentrism is a paradigm that privileges human beings in cosmology, epistemology, and axiology. An alternative view is important because large-scale changes are threatening and may lead to the extinction of life in the biosphere, which results in a new proposed geological time classiÞcation that shifts the Holocene epoch to the Anthropocene. Ironically, while the anthropocentric view proves its premise on human dominance over non-human conditions, this change has in fact made humans powerless in the face of the change itself. Through the concept of hyposubjectivity, Morton offers an explanation of the relationship between humans and nonhumans as a symbiotic collective that should work together through solidarity between ‘species beings’. This article wants to emphasize the meaning that human being does not constitute the totality of the universe. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become (...) more liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

Commodification is a broad and crosscutting issue that spans debates in ethics (from prostitution to global market practices) and bioethics (from the sale of body parts to genetic enhancement). There has been disagreement, however, over what constitutes commodification, whether it is happening, and whether it is of ethical import. This chapter focuses on one area of the discussion in bioethics – the commodification of human tissue – and addresses these questions – about the characteristics of commodification, its pervasiveness, and ethical (...) significance – in order to clarify and map the commodificatory debate. The chapter does this in three parts. First, it defines commodification as the shift from “persons” to “things” and from “relationships” to services for “contract.” Second, using examples of kidney and gamete sale and commercial surrogacy, it argues that commodification is rife in bioethics. Third, it contends that commodification is an ethical problem for three key reasons: First, because it leads to exploitation; second, because some things should not be for sale; and third, because it damages social goods. The chapter concludes that commodification and commodificatory practices should be resisted. (shrink)

The ethics of betel nut use in Taiwan are examined in this article. It first presents scientific facts about the betel quid, its consumption and negative health consequences and then analyses the cultural background and economic factors contributing to its popularity in Asia. Governmental and institutional attempts to curb betel nut cultivation, distribution and sales are also described. Finally, the bioethical implications of this often ignored subject are considered.

Disney’s Frozen (2013) and Frozen 2 (2019) are among the highest-grossing films of all time (IMDb 2021) and are arguably among the most influential works of fantasy produced in the last decade in any medium. The films, based loosely on Hans Christensen Andersen’s “The Snow Queen” (Andersen 2014) focus on the adventures of the sisters Anna and Elsa as they, together with their companions, seek to safeguard their people both from external threats and (importantly) from Elsa’s inabilities to control her (...) magical abilities to summon ice and snow. While Anna’s choices drive much of the action of both films, Elsa has undoubtedly been the more influential and popular of the two characters, as indicated by measures such as merchandise sales (Ellen Byron and Paul Ziobro 2014), Google search data (Play Like Mum 2020), and even baby name choices (Wolfers 2015). -/- Despite her popularity, Elsa is in many ways a paradoxical sort of hero, as she finds her actions all but predetermined by both external and internal forces. This is particularly the case in the first film, where we meet an Elsa who has been born with a power she cannot control, and which appears more as a force of nature than as anything that “belongs” to Elsa. The film’s action is driven, in large part, precisely by Elsa’s failures to exert control over her emotions and abilities. She begins the film by accidentally injuring Anna. This, in turn, causes Elsa to become fearful and withdrawn and to isolate herself from her sister, even after their parents die on a quest to find a cure for Elsa. Elsa's fear and lack of control lead to an even more dire outcome when she inadvertently calls down winter on Arendelle and abandons her people for the mountains. It is only through Anna's devoted quest to rescue her sister, first by pursuing her to the mountains, and later by throwing herself in front of the villainous Hans’ sword attack on her sister, that Elsa (and Arendelle) are saved. Elsa's most active contribution to this is to appreciate the import of Anna's sacrifice and to discover the power of "love" to overcome her fear. -/- What then, are we to make of Elsa as a character? It is the younger sister Anna who corresponds most closely to Gerda, the unquestioned protagonist of Andersen’s original tale, and her character arc fits neatly with the well-known “Hero’s Journey” model for describing myth (Campbell 2020). It is Anna, for example, who goes on a quest, meets a group of motley companions (the human Kristoff, the reindeer Sven, and the magical snowman Olaf), accepts advice from wise elders (the trolls), undergoes a severe trial, and even gets the "reward" of romantic love at the end. All of this has led some scholars (Niemiec and Bretherton 2015; Heit 2019) to hold up Anna, rather than Elsa, as something like the hero of the story. Existing scholarship on Elsa, by contrast, has focused largely on issues related to her gender and sexuality (Law 2014; Lee 2015; Steinhoff 2017; Streiff and Dundes 2017; Dundes, Streiff, and Streiff 2018; Dundes 2020; Llompart and Brugué 2020). In what follows, I’ll be taking a closer look at Elsa’s unique status as a protagonist, and what her struggles with fate reveal about the nature of free will and ethical responsibility. I’ll argue that Elsa provides a useful model of a “Stoic hero” and that her strengths and weaknesses as a character provide valuable insight into an often-misunderstood school of philosophy. My argument will proceed in several stages. I’ll begin by describing the basic tenets of Stoic philosophy, paying special attention to the role of fate and nature. I’ll then move on to a more detailed treatment of Stoic ethics, as exemplified by Elsa’s own character development. I’ll close by considering the infamous “Lazy Argument” against. (shrink)

This paper is the first major and a thorough study on the Merger & Acquisition (M&A) activities in Vietnam’s emerging market economy, covering almost entirely the M&A history after the launch of Doi Moi. The surge in these activities since mid-2000s by no means incidentally coincides with the jump in FDI and FPI inflows into the nation. M&A industry in Vietnam has its socio-cultural traits that could help explain economic happenings, with anomalies and transitional characteristics, far better than even the (...) most complete set of empirical data. Proceeds from the sales of existing assets and firms have mainly flowed into the highly speculative industries of securities, banking, non-bank financials, portfolio investments and real estates. The impact of M&A on Vietnam’s long-term prosperity is thus highly questionable. An observable high degree of volatility in the M&A processes would likely blow out the high ex ante expectations by many speculators, when ex post realizations finally arrive. The effect of the past M&A evolution in Vietnam has been indecisively positive or negative, with significant presence of rent-seeking and likelihood of causing destructive entrepreneurship. From a socio-economic and cultural view, the degree of positive impacts may result in domestic entrepreneurship which will perhaps be the single most important indicator. (shrink)

În anul 1942 Pr. D. Stăniloae publica cartea Poziţia Domnului Blaga faţă de Creştinism şi Ortodoxie, o „reacţie” la ideile pe care filozoful Lucian Blaga le formulase în cărţile sale, mai ales în Trilogii. Atitudinea Pr. Stăniloae nu este singulară, dar este cea care a stârnit controverse dintre cele mai interesante. Ideile de bază ale acestei cărţi, ca şi ale articolelor ce s-au scris după, au în centrul lor definirea religiei şi caracteristicile fenomenului religios, poziţiile fiind diferite: teologică şi filozofică. (...) Deşi discuţiile nu au fost „prietenoase”, de multe ori ironia punându-şi pecetea pe scrisul celor antrenaţi în disputa de idei, consecinţele acestei controverse au avut o valoare pozitivă, punând faţă în faţă doi dintre cei mai mari gânditori români ce au creat în domenii diferite: teologic şi filozofic. (shrink)

Abstract. In this article we developed scientific and applied foundations of commercialization of the nature-resource potential of anthropogenic objects, on the example of exhausted mines. It is determined that the category of “anthropogenic object” can be considered in a narrow-applied sense, as specific anthropogenic objects to ensure the target needs, and in a broad theoretical sense, meaning everything that is created and changed by human influence, that is the objects of both artificial and natural origin. It was determined that problems (...) of commercialization of the natural-resource potential of anthropogenic objects are most often considered by researchers for specific objects, without having complex methodological coverage from the point of view of combining environmental, technical, economic and managerial components. When studying the substantiation of the scientific base, the authors confirmed the feasibility of the commercialization of natural-resource potential of anthropogenic objects on the example of a number of theoretical scientific studies in reclamation, reconstruction, recreation, remediation, restoration of biological productivity and economic value of land disturbed by economic activity. The considered examples of exhausted mines in the 21st century in the USA, Canada, Germany, Romania, and Poland indicate a wide range of opportunities for their commercialization. The study of the potential for commercialization of exhausted mines in the post-Soviet countries testified to the underused reserves for the commercialization of their nature-resource potential and their high potential for further development. The authors proposed the identification of anthropogenic objects on the basic livelihood spheres of society. There were identified the main system (natural, biological, technical, economic, social, managerial) and structural (subjects, trends, threats, risks, problems, challenges) factors of diagnosing the state of an anthropogenic object. A set of measures has been developed for commercialization of an anthropogenic object in functional and production activities, product policy, financial and investment spheres, pricing and sales policies, promotion, management and determination of property rights. Recommendations were provided on optimizing the management decision-making process based on a set of positivistic development principles, methods, and management functions. The study allows international organizations, state and local authorities, territorial communities, owners and potential investors to see new opportunities and make mutually beneficial decisions on the rational use of the nature-resource potential of anthropogenic objects. (shrink)