This article presents a new interpretation of the notorious "Horen" dispute between Schiller and Fichte by examining the text that was the catalyst for it, Fichte’s "On Spirit and Letter in Philosophy" (1795-1800), from the overlooked perspective of Schiller’s 1793 essay "On Grace and Dignity". It demonstrates that the Horen dispute is based on a theoretical misunderstanding rather than an irreconcilable opposition, arguing that Schiller’s notion of grace as beauty in movement provides the idealism and aesthetics (...) of Fichte’s Wissenschaftslehre with a powerful conceptual tool that was lacking in Kant’s critical philosophy. (shrink)

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

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

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

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

It is fundamental that, in philosophy, we make sure that we are not mistaking merely verbal disputes, or “conceptual” disputes, for substantive ones. This essay presents a tripartite framework that is useful for clarifying cases where it is difficult to tell whether we are engaged in substantive or non-substantive disputes. For this purpose, the essay offers some combinatorial possibilities between the following levels: verbal, conceptual, and objectual. We need to distinguish whether we are arguing about the world, concepts, or words (...) to avoid talking at cross-purposes and to recognize when our disputes are not worth the time. Distinguishing between these three levels can also throw light and guide research on conceptual engineering, metalinguistic negotiations, metaontology, and so on. (shrink)

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

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

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

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

In this paper, we argue that, in order to account for the apparently substantive nature of definitional disputes, a commitment to what we call ‘Socratic essentialism’ is needed. We defend Socratic essentialism against a prominent neo-Carnapian challenge according to which apparently substantive definitional disputes always in some way trace back to disagreements over how expressions belonging to a particular language or concepts belonging to a certain conceptual scheme are properly used. Socratic essentialism, we argue, is not threatened by the possibility (...) that some apparently substantive definitional disputes may turn out to be verbal or conceptual, since this pluralist strategy, in our view, requires a commitment to more, rather than fewer, essences. What is more, a deflationary, metaphysically ‘light-weight’ construal of the essence-ascriptions in question leads to a peculiar conception of the pursuit of metaphysicians as behaving like deceptive (or self-deceived) grammarians pretending to be scientists. Moreover, this deflationary attitude, we argue, spreads beyond metaphysics and philosophy more broadly to apparently substantive definitional disputes in the sciences as well as other in other disciplines, such as art criticism. (shrink)

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

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

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

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

WHAT is art? Classificatory disputes.. Classificatory disputes about what is art Art historians and philosophers of art have long had classificatory disputes about art regarding whether a particular cultural form or piece of work should be classified as art. Disputes about what does and does not count as art continue to occur today -/- Defining art is difficult if not impossible. Aestheticians and art philosophers often engage in disputes about how to define art. By its original and broadest definition, art (...) (from the Latin ars, meaning “skill” or “craft”) is the product or process of the effective application of a body of knowledge, most often using a set of skills; this meaning is preserved in such phrases as “liberal arts” and “martial arts”. However, in the modern use of the word, which rose to prominence after 1750, “art” is commonly understood to be skill used to produce an aesthetic result (Hatcher, 1999). (shrink)

The paper aims to address the following two questions: what kind of discourse is that which attempt to found or defend the autonomy or the boundaries of a discipline? Why do such discourses tend to turn into normative, dogmatic-excommunicating discourses between disciplines, schools or scholars? I will argue that an adequate answer may be found if we conceive disciplines as dogmatics, where such discourses often take the form of a discourse on the foundation of a discipline, a foundation in the (...) name of which the scholar speaks and with which he/she entertains an identity relationship. To this purpose I will re-examine the methodological discourses of (and debates between) Pareto, Croce and Einaudi on the demarcation issue between philosophy, economics and value-judgments as highly instructive to understand such issues. (shrink)

This article suggests a change of perspective on philosophy’s engagement with its past. It argues that rather than the putative purport of giving life to the past philosopher’s work, philosophical engagement with the past gives life to one’s own. Drawing on the neo-pragmatist thesis of Robert Brandom, it suggests looking to what philosophers do when they attribute meaning to concepts and considering their engagement with the past as appropriation in consequence. By scrutinizing Robert Pippin’s opposing thesis of philosophical engagement with (...) the past as dialogue, and carefully examining Brandom’s, the article suggests an account for appropriation that shows it to be non-dialogical, and hence unable to yield the fruits associated with this conception, but also insightful and rich with other philosophical values. Brandom and John McDowell’s dispute over the interpretation of Wilfrid Sellars provides an illustration of the proposed perspective and of those values. (shrink)

Disputes over territory are a major contributing factor to the disruption of international relations. We believe that a cumulative, integrated, and continuously updated resource providing information about such disputes in an easily accessible form would be of benefit to intelligence analysts, military strategists, political scientists, and also to historians and others concerned with international disputes. We propose an ontology-based strategy for creating such a resource. The resource will contain information about territorial disputes, arguments for and against claims pertaining to sovereignty, (...) proffered evidence for such claims, political and military motives (overt or hidden), and associated conflicts. Our approach is designed to address several issues surrounding the representation of geopolitical conflict, including the tracking and individuation of disputes and the validation of disseminated information. (shrink)

A central dispute in social ontology concerns the existence of group minds and actions. I argue that some authors in this dispute rely on rival views of existence without sufficiently acknowledging this divergence. I proceed in three steps in arguing for this claim. First, I define the phenomenon as an implicit higher-order disagreement by drawing on an analysis of verbal disputes. Second, I distinguish two theories of existence—the theory-commitments view and the truthmaker view—in both their eliminativist and their (...) constructivist variants. Third, I examine individual contributions to the dispute about the existence of group minds and actions to argue that these contributions have an implicit higher-order disagreement. This paper serves two purposes. First, it is a study to apply recent advances in meta-ontology. Second, it contributes to the debate on social ontology by illustrating how meta-ontology matters for social ontology. (shrink)

Many philosophers regard the persistence of philosophical disputes as symptomatic of overly ambitious, ill-founded intellectual projects. There are indeed strong reasons to believe that persistent disputes in philosophy (and more generally in the discourse at large) are pointless. We call this the pessimistic view of the nature of philosophical disputes. In order to respond to the pessimistic view, we articulate the supporting reasons and provide a precise formulation in terms of the idea that the best explanation of persistent disputes entails (...) that they are pointless. We then show how to answer the pessimistic argument. Taking a well-known mathematical controversy as our paradigm example, we argue that some persistent disputes reflect substantive disagreements at the “meta-analytic” level, i.e., disagreements about the best way, among quite different candidates, to understand the topic at issue, and the best associated cluster of analytic truths one should accept concerning it. Moreover, our concrete example shows that such meta-analytic disagreements can in principle be settled and yield a genuine theoretical (as opposed to merely pragmatic) breakthrough. We conclude optimistically that persistent disputes can be an important means of fostering epistemic progress. (shrink)

There is currently debate between deflationists and anti-deflationists about the ontology of persisting objects. Some deflationists think that disputes between, for example, four-dimensionalists (e.g. Ted Sider and David Lewis) and quasi-nihilists (e.g. Peter Van Inwagen and Trenton Merricks) are merely verbal disputes. Anti-deflationists deny this. Eli Hirsch is a deflationist who maintains that many ontological disputes are merely verbal. Theodore Sider maintains that the disputes are not merely verbal. Hirsch and Sider are thus engaged in a metaontological dispute. In (...) this paper, I argue that Hirsch's metaontological dispute with Sider is, by Hirsch's own lights, itself merely verbal. I conclude that the mere verbalness of his metaontological dispute with Sider suggests that Hirsch's account of what makes a dispute merely verbal may be problematic. (shrink)

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

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

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

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

The issue of the definition and position of archaeology as a discipline is examined in relation to the dispute which took place from 1980 to 2009 between the archaeologist Jean-Claude Gardin and the sociologist Jean-Claude Passeron. This case study enables us to explore the actual conceptual relationships between archaeology and the other sciences (as opposed to those wished for or prescribed). The contrasts between the positions declared by the two researchers and the rooting of their arguments in their disciplines (...) are examined: where the sociologist makes use of his philosophical training, the archaeologist relies mainly on his work on semiology and informatics. Archaeology ultimately plays a minor role in the arguments proposed. This dispute therefore cannot be considered as evidence for the movement of concepts between archaeology and the social sciences. A blind spot in the debate, relating to the ontological specificities of archaeological objects, nevertheless presents itself as a possible way of implementing this movement. (shrink)

“Terrorism” is a polysemic, emotionally laden term. Belligerent groups could be labeled “terrorist” by some and “freedom” or “guerrilla” fighters by others. Similarly, the same organization or group could be labeled “terrorist” by some and “humanitarian organization” by others. Hence, depending on which perspective people take in a given conflict, and how the international community reacts to the conflict in question, members of different organizations or groups might end up being classified in a negative sense as terrorists or in a (...) positive sense as freedom fighters. Such perspectivism partly explains why so much disagreement exists on the meaning, justification, or excuse of terrorism. (shrink)

The paper delves into manuscript sources connected with various disputations held at Prague University from around 1390 to 1420 and singles out a set of hitherto unknown quaestiones dealing with the nature of the human intellect and its relation to the body. Prague disputations from around 1400 arguably offer a unique vantage point on late medieval anthropological issues, since they encompass an entanglement of numerous doctrinal influences from Buridanian De anima commentaries to John Wyclif’s theories. The paper delineates several conceptual (...) tensions regarding the nature of the intellect, e.g., between materialism (entailed by the emphasis on the intellect’s inherence in the body) and personal immortality. It presents several strategies Prague masters employed to overcome these tensions. For example, an anonymous participant of the 1409 quodlibet develops the Buridanian distinction between the rationally demonstrable materialist tendency and the indemonstrable “catholic truth” about the intellect both inhering in and separable from the body. On the other hand, Wyclif’s adherents (Jacob of Mies and another anonymous master) postulate an immortal spirit hypostatically united to each human being beside the human soul educed from the potency of the matter. Yet, the boundaries between the doctrinal standpoints in question seem permeable, whereby a rigid definition of antagonistic groups in late medieval Prague intellectual milieu (e.g., Buridanians vs Wycliffites) is rendered ineffective. (shrink)

Bartolomeo Mastri’s Disputations on Metaphysics is the single most important work on metaphysics produced in the Scotist school during the Early Modern period. This contribution guides through the work by highlighting a selection of key passages that convey an impression of its historical-literary context, its subject matter, its main motifs and scientific aims, but also its limitations. Especially, we see Mastri emphasizing the theological aspect of theology, though he in the end refrains from exploring this aspect of metaphysics within his (...) work on metaphysics. I suggest that this discrepancy between Mastri’s concept of metaphysics and his work on metaphysics showcases the difficulty of organizing this discipline during the phase of transition from the traditional commentary format typical of medieval scholasticism to the Early Modern scholastic Cursus philosophicus literature. (shrink)

1. Une dispute épistémologique 1.1 Quatre itinéraires à proximité puis à distance des structuralismes 1.2 Un différend sur les « usages réglés du rationalisme » en sciences de l’homme 2. Les mots et les descriptions en sciences de l’homme 2.1 Une commune limitation du déterminisme linguistique 2.2 Un problème philosophique implicite : descriptions définies et noms propres 2.3 L’usage des descriptions définies en sciences de l’homme 2.4 Les (semi-)noms propres des sciences historiques 2.5 Le degré de généralité des concepts (...) employés et ses conséquences sur les raisonnements 3. La spécificité des raisonnements en sciences de l’homme 3.1 Quelle logique pour raisonner sur les phénomènes humains ? 3.2 Les usages d’une référence commune : la logique naturelle 3.3 Propositions et énoncés : divergences sur l’analyse des raisonnements 4. Le juste degré de formalisation du langage et des raisonnements 4.1 La formalisation des descriptions 4.2 Les modèles et la formalisation des raisonnements 4.3 Des formalisations qui s’ignorent 5. Le caractère historique des sciences de l’homme 5.1 Formaliser implique-t-il de dé-historiciser ? 5.2 Les mécanismes du changement scientifique 5.3 Pragmatique de l’intervention théorique. (shrink)

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

John Rawls thinks republicanism is compatible with his political liberalism. Philip Pettit insists that the two conflict in important ways. In this paper, I make sense of this dispute by employing David Chalmers’s method of elimination to reveal the meaning underlying key terms in Rawls’s political liberalism and Pettit’s republicanism. This procedure of disambiguating terms will show how the two theories defend the same institutional arrangement on the same grounds. The procedure thus vindicates Rawls’s view of the two theories (...) being compatible. The reason for this compatibility is that both theories are politicized—that is, they are constructed to attract the compliance of all reasonable members of a modern, pluralistic society. (shrink)

The development of symbolic logic is often presented in terms of a cumulative story of consecutive innovations that led to what is known as modern logic. This narrative hides the difficulties that this new logic faced at first, which shaped its history. Indeed, negative reactions to the emergence of the new logic in the second half of the nineteenth century were numerous and we study here one case, namely logic at Oxford, where one finds Lewis Carroll, a mathematical teacher who (...) promoted symbolic logic, and John Cook Wilson, the Wykeham Professor of Logic who notoriously opposed it. An analysis of their disputes on the topic of logical symbolism shows that their opposition was not as sharp as it might look at first, as Cook Wilson was not so much opposed to the « symbolic » character of logic, but the intrusion of mathematics and what he perceived to be the futility of some of its problems, for logicians and philosophers alike. (shrink)

In this entry, we provide an overview of some of the methodological debates surrounding contextualism and consider whether they are, in effect, based on an underlying methodological dispute. We consider three modes of motivation of epistemic contextualism including i) the method of cases, ii) the appeal to linguistic analogies and iii) the appeal to conceptual analogies and functional roles. We also consider the methodological debates about contextualism arising from experimental philosophy. We conclude that i) there is no distinctive methodological (...) doctrine or set of methodological doctrines that is centrally invoked by all epistemic contextualists and ii) the substantive dispute about the truth of contextualism very frequently, although not invariably, reflects an underlying methodological dispute. (shrink)

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

The dispute between the transgender-rights movement and “gender-critical” activists represents a stark division in British public discourse. Although the issues of contention are numerous and require their own philosophical treatment, a core metaphysical concern underlies them. Gender-critical activists, such as Kathleen Stock, tend to argue that recognizing trans women as women requires erasing the category of biological sex. This implies that all trans women are male, and thus recognizing them as women rips female biology from the root of the (...) category “woman.” In this article, I argue that this view is mistaken. As exogenously produced sex characteristics should count toward a person's sex classification, all trans women are female. (shrink)

Techne and Truth. The problem of techne in the dispute between Gorgias and Plato -/- The source of the problem matter of the book is the Plato’s dialogue „Gorgias”. One of the main subjects of the discussion carried out in this multi-aspect work is the issue of the art of rhetoric. In the dialogue the contemporary form of the art of rhetoric, represented by Gorgias, Polos and Callicles, is confronted with Plato’s proposal of rhetoric and concept of art (techne). (...) The ingenuous and dramatic structure of the dialogue composed of three acts, in each of which Socrates’ consecutive interlocutors emerge, is difficult to interpret. It seems, however, that even though the first conversation between Socrates and Gorgias constitutes a small part of the dialogue, it forms the foundations for the discussion. This part, dealing with such important issues as the subject of art, knowledge, power and relation between art and good, is the starting point for the conversations which follow. What do the differences between the Gorgias’ and Plato’s concepts of art consist in? Any attempt to answer the question requires presentation of the background for the discussion taking place in Plato’s work as well as the reconstruction of Gorgias’ vision of the art of rhetoric and art in general, defining the relation between art and knowledge. The latter may be undertaken on the basis of two paraphrases of the treatise “On Non-existence”, two epideictic speeches entitled “Helen” and “Palamedes” and some smaller fragments which have been preserved from Gorgias’ creative output. The treatise “On Non–existence”, very paradoxical in its philosophical meaning, testifies to new, sophistic thinking represented by Gorgias of Leontinoi. The treatise is the polemic and attack on Eleatism based on certain principles and methods elaborated by the Eleatics themselves. It also shows that Gorgias – using traditional Eleatic schemes – is opposed to this tradition. Even though the treatise does not discuss the problem of art directly, it anticipates the considerations from epideictic speeches. “Helen” and “Palamedes” constitute further stages in the development of Gorgias’ thought and concept of art combining typically epideictic elements with some philosophical convictions. Gorgias refers to the Eleatic theme considering the issues of truth, knowledge and belief, yet defining them in the empirical spirit. Solutions in the cognitive sphere determine the horizon of Gorgias’ rhetoric. The word is separated from the existence. Human cognition is limited and therefore the word and visual images affect the belief. This promotes the great importance of rhetoric, painting and sculpture, i.e. the areas which influence in a specific way – creating the “delusion” (ἀπάτη). Through idealization art provides pleasure, which is its objective. Therefore the task of art is to create delusion. The rhetor of Leontinoi discusses the issue of “how?” to use the word ‘rhetoric’. Gorgias is aware that rhetoric may be used to talk about what is unknown and that technical correctness of a rhetoric statement is not identical with the truthfulness of the proclaimed message. Mentioning it, Gorgias shows his respect to the truth as a value which should be respected in speech on the one hand, and on the other emphasizes that the truth in itself has no persuasive power. For this reason it is not enough to proclaim the truth, but, to convince the listeners, the orator should possess the skill of speaking. What is then the relation between truth and art emerging from epideictic speeches? Gorgias undoubtedly emphasizes the formal aspect of speech, as rhetoric is art, thus an ability based on certain principles. According to Gorgias, the truth is the value which should be respected in speeches. Rhetoric is able to create a fictive world, as a great range of reality remains outside direct human experience. Rhetoric does not oppose the truth but discussing not only what is directly given concerns the area outside the sphere of direct experience. This concept of rhetoric is the basis of the discussion about art carried out in the dialogue “Gorgias”. Even though the first of the discussions in the dialogue – the conversation between Socrates and Gorgias – is directly concerned with rhetoric itself, numerous remarks testify to its much wider character. This is best exemplified by the way of carrying out the conversation by Socrates, who, asking questions about rhetoric practised by Gorgias, throughout the whole conversation compares it with other skills. Additionally, the manner and the structure of the conversation prove that Plato considers the issue of rhetoric from a wider perspective determined by the issue of art. The specific feature of the conversation is ordering it around main issues – such notions as πρᾶγμα, ἐπιστήμη, δύναμις, each of which has its own meaning in Plato. In the first part of Gorgias Plato presents the principles previously occurring in other dialogues in a certain order, thus constructing the structure of the conversation with Gorgias. The notions are not novum in Plato but the fact that he clearly wants to systematise them and present a certain concept of art is a new and significant aspect. This tendency is of paramount importance for the discussion because Gorgias’ answers are evaluated by Plato from the perspective of this clearly set concept consisting of not only established notions but also certain principles. The discussion between Socrates and Gorgias introduces a theme which is crucial for the dialogue: the relation between art and good, i.e. the technical and ethical spheres. The issue is introduced by Gorgias, who mentions that rhetoric may be used for evil purposes. On this basis Socrates proves that if rhetoricians can use rhetoric for evil purposes, they have no knowledge concerning the subject of their art – justice, because one who knows what is just, always acts justly. Thus the relation between the technical and ethical spheres transpires to be the main point of contention. The question is whether a technician following the principles of the art he practices may act against good. This paradoxical statement based on the well-known Socrates’ principle "nemo sua sponte peccat" acquires philosophical foundations in the dialogue. In its remaining two parts Plato presents a justification, placing the principle within the framework of a certain concept of art, as a result of which not only rhetoric but also many other skills are criticised. The notions on which the conversation with Gorgias focuses are more precisely defined in the subsequent parts of the dialogue. Additionally, Plato presents twice the conditions which art should fulfill. They oblige the “technicians” to know the nature and purpose of the art and to know the causes of undertaken activities and to be able to justify them. These conditions determine the relation between the two spheres – technical and ethical. According to Plato, art may not act against good because it should be the objective of its activities. Certain concepts of good and knowledge outlined in the dialogue are the guarantees of “technicality”. Good, which should be respected by every art, is understood objectively and is contrasted with subjective pleasure. Knowledge, which should be the basis of art, opposes experience, which uses observation and recollection. Additionally, the definition of knowledge, significance of order in the world assuming the form of “geometrical equality”, significance of mathematics becoming the ideal of exactness indicate that Plato’s concept of knowledge is formed in Gorgias. These conclusions render it impossible that the results of any activity deserving the name of art should oppose good. And this is Plato’s main reproach of Gorgias’ concept, who wrote about false speeches possessing the power of conviction because they were written according to the principles proof of art or who defined tragedy as “a deceit, where he who cheats is more just than he who does not and the cheated is wiser than he who was not cheated”. Such determination of the relation between the technical and ethical sphere resulted from Gorgias’ concept of the world and fundamental philosophical principles. The whole concept of art described by Plato in the dialogue opposes the view presented by Gorgias. According to Plato, every technical activity has a defined object (ἔργον), is based on knowledge (ἐπιστήμη) and is always aimed at the good of human soul or body. The danger revealed and presented in the dialogue by Plato exists in the very concept of art presented by Gorgias, i.e. in its empirical foundations and the resulting understanding of the relation between art and good. Gorgias’ concept of art based on empirical cognition, which concerns the world of phenomena and rejects the possibility of perfect knowledge, leads, according to Plato, to a dangerous falsification of the relation between art and good. Plato proves that this weakness of Gorgias’ concept is revealed when confronted with these representatives of “the magnificent art” who are not protected against radicalism by the adherence to the moral tradition. The comparison of two, completely contrasting concepts of art based on different philosophical understanding of knowledge and good is decisive for the criticism of rhetoric in Gorgias. The concept presented by Plato criticises contemporary rhetoric and sophistry but determines the direction of research of the real art of rhetoric. (shrink)

The purpose of the present article is two-fold. First, the article examines the reasons as to why Arab countries do not actively participate in WTO dispute settlement proceedings.17 Trade volume, lack of technical expertise, financial strains, political relations, enforcement, and language problems eachplay a role in Arab countries under-participation and are discussed herein. Second, the article provides possible avenues through which Arab countries can enhance their presence in the WTO dispute settlement process. In the process of examining these (...) issues, the article highlights the case(s) in which Arab countries participated in the WTO dispute settlement system. However, before addressing these issues, the article will briefly discuss the development of the WTO dispute settlement mechanism. (shrink)

Some objections to the idea that disputed territories should be auctioned.

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not (...) only about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

Traditional descriptivism and Kripkean causalism are standardly interpreted as rival theories on a single topic. I argue that there is no such shared topic, i.e. that there is no question that they can be interpreted as giving rival answers to. The only way to make sense of the commitment to epistemic transparency that characterizes traditional descriptivism is to interpret Russell and Frege as proposing rival accounts of how to characterize a subject’s beliefs about what names refer to. My argument relies (...) on a development of the distinction between speaker’s reference and semantic reference. (shrink)

This paper argues that the ‘scientific dispute’ between Hermann Cohen and Rudolf Stammler is symptomatic of a philosophical movement of left-wing Kant interpretations at the turn of the twentieth century. By outlining influential predecessors that shaped Cohen’s and Stammler’s thinking, I show that their Kantian justifications of socialism differ regarding their conception of law, history, and the political implications that follow from their practical philosophies. Against scholars who suggest that the Marburg School’s view on socialism was a coherent school (...) of thought, I introduce the concept of ‘left-Kantianism’ as an open term that includes a wide variety of novel socialist approaches to Kant at the time. (shrink)

Giordano Bruno's copy of Camoeracensis Acrotismus from Prague.

The aim of this paper is to bring an end to the interpretative dispute on Descartes’s cog­ito: is the cogito known by intuition or by inference? There have been several studies based on both analytical and historical approaches to the dispute, and it seems that we have exhausted all interpretations. Nevertheless, I wish to revisit this dispute, as it ap­pears that the previous studies have overlooked Descartes’s use of words and phrases, which is the most significant for (...) understanding his various discourses on the cogito con­sistently. In this paper, I focus on the terms which Descartes uses to indicate the varied status of the cogito, such as ‘haec cognitio, ego cogito, ergo sum’, ‘hanc propositionem, ego cogito, ergo sum’, ‘hanc conclusionem: cogito, ergo sum’, and so on; Descartes changes carefully the terms in each of the cogito arguments. By focusing on these terms, I try to interpret Descartes’s explanations consistently. (shrink)

The controversy that between 1908 and 1912 saw Benedetto Croce and Giovanni Gentile opposed, on one side, and Federigo Enriques, on the other, did not actually have a conclusive episode, but its end was perceived, for its results on culture, on society and teaching in Italy, as a "defeat" of Enriques. A more careful examination of the events and of the historical context in which it took place seems, however, to clearly demonstrate that we can speak not of a personal (...) defeat of the great mathematician from Livorno, but rather of a defeat of the commendable attempts at cultural and social modernization of Italy in an international perspective, of which Enriques was not the only actor but certainly the most exposed. Such intentions were crushed by the myopic provincial conservatism of the Italian neo-idealism, favored by the fascist regime, concerned only with affirming in the world an alleged autarkic national cultural superiority, based on the traditional literary-humanistic culture, ignoring the progress of the new technical-scientific thought, placed in an international context. Sunto_ La polemica che dal 1908 al 1912 vide contrapposti da una parte Benedetto Croce e Giovanni Gentile e dall’altra Federigo Enriques non ebbe, in realtà, un episodio conclusivo, ma la sua fine è stata percepita, per i suoi esiti sulla cultura, sulla società e sull’insegnamento in Italia, come una “sconfitta” dell’Enriques. Un esame più attento delle vicende e del contesto storico nel quale si svolse sembra, invece, dimostrare chiaramente di poter parlare non di una sconfitta personale del grande matematico livornese, quanto piuttosto di una sconfitta dei lodevoli tentativi di ammodernamento culturale e sociale dell’Italia in una prospettiva internazionale, di cui Enriques non fu l’unico attore ma sicuramente quello più esposto. Tali propositi furono schiacciati dal miope conservatorismo provinciale del neoidealismo italiano, favorito dal regime fascista, preoccupato unicamente di affermare nel mondo una pretesa superiorità culturale nazionale autarchica, basata sulla tradizionale cultura letterario-umanistica, ignorando il progresso del nuovo pensiero tecnico-scientifico, per sua natura, invece, inserito in un contesto internazionale. (shrink)

Complex environmental problems require well-researched policies that integrate knowledge from both the natural and social sciences. Epistemic differences can impede interdisciplinary collaboration, as shown by debates between conservation biologists and anthropologists who are working to preserve biological diversity and support economic development in central Africa. Disciplinary differences with regard to 1) facts, 2) rigor, 3) causal explanation, and 4) research goals reinforce each other, such that early decisions about how to define concepts or which methods to adopt may tilt research (...) design and data interpretation toward one discipline’s epistemological framework. If one of the contributing fields imposes a solution to an epistemic problem, this sets the stage for what I call disciplinary capture. Avoiding disciplinary capture requires clear communication between collaborators, but beyond this it also requires that collaborators craft research questions and innovate research designs which are different from the inherited epistemological frameworks of contributing disciplines. (shrink)

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