The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of (...) situational vulnerability and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

I defend the view that a significant ethical distinction can be made between justified killing in self-defense and police use of lethal force. I start by opposing the belief that police use of lethal force is morally justified on the basis of self-defense. Then I demonstrate that the state’s monopoly on the use of force within a given jurisdiction invests police officers with responsibilities that go beyond what morality requires of the average person. I argue that the police should (...) primarily be concerned with preserving public safety. As a consequence, police have additional moral permissions to use lethal force. But this also means that the principle of restraint is inherent to the policing function and therefore police are obliged to go to greater lengths to avoid killing. I concede that the just use of police force can be made difficult in extreme situations such as a mass riot. In such cases, police should take proportionate actions necessary to protect the lives of inhabitants by restoring order, which might include calling on military support. I conclude with a cautionary note opposing militarization of the policing role. (shrink)

Our culture is conflicted about morally judging and condemning. We can't avoid it altogether, yet many layfolk today are loathe to do it for reasons neither they nor philosophers well understand. Their resistance is often confused (by themselves and by theorists) with some species of antiobjectivism. But unlike a nonobjectivist, most people think that (a) for us to judge and condemn is generally (objectively) morally wrong , yet (b) for God to do so is (objectively) proper, and (c) so too (...) for certain persons in certain relations (e.g., self-condemnation, parental child rearing.) Certainly, religious (e.g., Christian) critics of judging and condemning without doubting the objective truth of their tradition's core moral teachings. Most puzzling is that (a) merely judging and condemning in one's heart may be improper, and (b) someone else with no more evidence or expertise might properly judge and condemn the same action. The answer is in condemning's complex structure of presuppostions. Condemning and judging are acts, and attitudes initiated by the act. Condemnation is motivated by two judgments presumed to justify it, a criticism of a target, and a judgment that the criticism justifies some negative response toward the target. Unlike nonpunitive penalties, punishments are motivated and explained by condemnation. Condemnation is an act of a hostile will, wishing some evil for its target, not (just) as a means to some good. Its root is in damning, an act akin to cursing. It declares a degraded status. The hostility makes it harder to justify condemnation than criticism, and punishment than nonpunitive penalties. Condemning claims objectivity and authority. It involves reflexive evaluation, regarding itself justified, approving its hostile feelings toward the target. Condemners presume themselves entitled to sit in judgment, pass judgment, and cast the condemned down. Those presumptions inhere in sitting in judgment, assuming jurisdiction. Unlike mathematical or scientific judgments, passing moral judgment seems to be a political act subject to extraepistemic constraints. "Who are you to judge?" may properly challenge your right to pass judgment. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

Why, at a certain point in history, did the regulation of human relations acquire jurisdictional status? Why did class rule take the form of an official state power? What, in the complexity of social relationships, did the formal application of norms correspond to? But above all, why did the law, here meant as a system of legal norms, turn out particularly suited to social and economic capitalist developments? From an explicitly Marxist point of view, the author explores Evgenij Bronislavovic Pashukanis's (...) "Theory of Law and Marxism" (1924), which is the first theoretical and organic attempt to define the structural goal of the law, not in terms of pure form, but in those of a system with systematic organization of production, thus revealing that the development of bourgeois law was not at all accidental but indeed essential to the functioning and existence of the capitalist production relationships. Towards this precise direction, “law, as a constituent element of production relations, is no longer defined by the traditional scheme of a mere ideological superstructure, but it is itself the very structure, already inherent in capitalist socialization, which is entirely immanent to society”. This captures the innovative specificity of Pashukanis's heterodoxy, certainly the greatest Marxist jurist of all time. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute settlement mechanics. (...) In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

Functionalists hold that the territorial rights of states are grounded solely in their successful performance of their morally mandated functions. In this paper, I defend a distinctive functionalist view of the right of territorial jurisdiction. I develop this view over the course of considering a variety of objections to functionalism that arise from reflection on cases of non- violent and otherwise rights-respecting annexation. Functionalism’s critics argue that it is committed to counterintuitive implications in these cases, as it is unable (...) to explain why the usurper states do not gain rights over the territory they take over. Against these critics, I argue that functionalism can in fact deliver intuitively plausible verdicts regarding: (a) the territorial rights of unsuccessful states; (b) the morality of military occupation; and (c) the appropriate response to past territorial injustices. (shrink)

Alfred Mele's deflationary account of self-deception has frequently been criticised for being unable to explain the “tension” inherent in self-deception. These critics maintain that rival theories can better account for this tension, such as theories which suppose self-deceivers to have contradictory beliefs. However, there are two ways in which the tension idea has been understood. In this article, it is argued that on one such understanding, Mele's deflationism can account for this tension better than its rivals, but only if (...) we reconceptualize the self-deceiver's attitude in terms of unwarranted degrees of conviction rather than unwarranted belief. This new way of viewing the self-deceiver's attitude will be informed by observations on experimental work done on the biasing influence of desire on belief, which suggests that self-deceivers don’t manage to fully convince themselves of what they want to be true. On another way in which this tension has been understood, this account would not manage so well, since on this understanding the self-deceiver is best interpreted as knowing, but wishing to avoid, the truth. However, it is argued that we are under no obligation to account for this since it is a characteristic of a different phenomenon than self-deception, namely, escapism. (shrink)

Jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory, however, employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only one (...) of which is sensitive to consequences. Finally, the theory falsely claims that obligations necessarily reduce the freedom of the obliged. (shrink)

In this paper I argue, based on a comparison of Spinoza's and Descartes‟s discussion of error, that beliefs are affirmations of the content of imagination that is not false in itself, only in relation to the object. This interpretation is an improvement both on the winning ideas reading and on the interpretation reading of beliefs. Contrary to the winning ideas reading it is able to explain belief revision concerning the same representation. Also, it does not need the assumption that I (...) misinterpret my otherwise correct ideas as the interpretation reading would have it. In the first section I will provide a brief overview of the notion of inherence and its role in Spinoza‟s discussion of the status of finite minds. Then by examining the relation between Spinoza‟s and Descartes‟ distinction of representations and attitudes, I show that affirmation can be identified with beliefs in Spinoza. Next, I will take a closer look at the identification of intellect and will and argue that Spinoza's identification of the two is based on the fact that Spinoza sees both as the active aspect of the mind. After that, I analyze Spinoza‟s comments on the different scopes of will and intellect, and argue that beliefs are affirmations of the imaginative content of the idea. Finally, through Spinoza‟s example of the utterance of mathematical error, I present my solution to the problem of inherence of false beliefs. (shrink)

For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...) void and supplies an answer, drawing on the early modern English philosopher Thomas Hobbes. On the Hobbesian account developed here, mass incarceration is always wrong because it is always inconsistent with having a free society. (shrink)

This paper puts forward the hypothesis that the distinctive features of quantum statistics are exclusively determined by the nature of the properties it describes. In particular, all statistically relevant properties of identical quantum particles in many-particle systems are conjectured to be irreducible, ‘inherent’ properties only belonging to the whole system. This allows one to explain quantum statistics without endorsing the ‘Received View’ that particles are non-individuals, or postulating that quantum systems obey peculiar probability distributions, or assuming that there are (...) primitive restrictions on the range of states accessible to such systems. With this, the need for an unambiguously metaphysical explanation of certain physical facts is acknowledged and satisfied. (shrink)

Contrary to widely shared opinion in analytic metaphysics, E.J. Lowe argues against the existence of relations in his posthumously published paper There are probably no relations (2016). In this article, I assess Lowe’s eliminativist strategy, which aims to show that all contingent “relational facts” have a monadic foundation in modes characterizing objects. Second, I present two difficult ontological problems supporting eliminativism about relations. Against eliminativism, metaphysicians of science have argued that relations might well be needed in the best a posteriori (...) motivated account of the structure of reality. Finally, I argue that, by analyzing relational inherence, trope theory offers us a completely new approach to relational entities and avoids the hard problems motivating eliminativism. (shrink)

During much of the past century, it was widely believed that phonemes--the human speech sounds that constitute words--have no inherent semantic meaning, and that the relationship between a combination of phonemes (a word) and its referent is simply arbitrary. Although recent work has challenged this picture by revealing psychological associations between certain phonemes and particular semantic contents, the precise mechanisms underlying these associations have not been fully elucidated. Here we provide novel evidence that certain phonemes have an inherent, (...) non-arbitrary emotional quality. Moreover, we show that the perceived emotional valence of certain phoneme combinations depends on a specific acoustic feature--namely, the dynamic shift within the phonemes' first two frequency components. These data suggest a phoneme-relevant acoustic property influencing the communication of emotion in humans, and provide further evidence against previously held assumptions regarding the structure of human language. This finding has potential applications for a variety of social, educational, clinical, and marketing contexts. (shrink)

Humankind is currently confronted with a critical challenge that determines its very existence, not only on an individual, racial, or national level but as a whole species: the fight against climate change and environmental degradation. To win this battle, humanity needs innovations and non-linear thinking. Nature has long been a substantial information source for unthinkable discoveries that save human lives. The paper suggests that by understanding the nature, emergence, and mechanism of serendipity, the survival skill of humans, humanity can capitalize (...) on it to learn from nature and generate nature-based innovations that can address the climate and environmental degradation crises. In the era of Artificial Intelligence (AI) proliferation, AI will be a vital tool providing navigational and useful information to leverage the power of serendipity in climate and sustainability science. However, an eco-surplus culture that incorporates core values pertaining to nature and sees environmental sustainability as the conscience of the times needs to be built to direct and control the immense power of AI-leveraged serendipity. Insights applied in this paper are drawn from the book titled “A New Theory of Serendipity: Nature, Emergence and Mechanism”. (shrink)

The last few decades have given rise to the study of practical reason as a legitimate subfield of philosophy in its own right, concerned with the nature of practical rationality, its relationship to theoretical rationality, and the explanatory relationship between reasons, rationality, and agency in general. Among the most central of the topics whose blossoming study has shaped this field, is the nature and structure of instrumental rationality, the topic to which Kant has to date made perhaps the largest contribution, (...) under the heading of his treatment of hypothetical imperatives. (shrink)

In this paper I suggest a new interpretation of the relations of inherence, causation and conception in Spinoza. I discuss the views of Don Garrett on this issue and argue against Della Rocca's recent suggestion that a strict endorsement of the PSR leads necessarily to the identification of the relations of inherence, causation and conception. I argue that Spinoza never endorsed this identity, and that Della Rocca's suggestion could not be considered as a legitimate reconstruction or friendly amendment to Spinoza (...) 's system because it creates several severe and irresolvable problems in the system. -/- In the first part of the paper, I present the considerations and arguments that motivated Don Garrett's and Della Rocca's interpretations. In the second part, I present and examine several problems that result from Della Rocca's reading. In the third and final part, I present my own view on the relation among inherence, causation, and conception; offer a new interpretation of the conceived through relation in Spinoza ; and finally, defend and justify the presence of bifurcations at the very center of Spinoza 's system. (shrink)

Humankind is currently confronted with a critical challenge that determines its very existence, not only on an individual, racial, or national level but as a whole species: the fight against climate change and environmental degradation. To win this battle, humanity needs innovations and non-linear thinking. Nature has long been a substantial information source for unthinkable discoveries that save human lives. The paper suggests that by understanding the nature, emergence, and mechanism of serendipity, the survival skill of humans, humanity can capitalize (...) on it to learn from nature and generate nature-based innovations that can address the climate and environmental degradation crises. In the era of Artificial Intelligence (AI) proliferation, AI will be a vital tool providing navigational and useful information to leverage the power of serendipity in climate and sustainability science. However, an eco-surplus culture that incorporates core values pertaining to nature and sees environmental sustainability as the conscience of the times needs to be built to direct and control the immense power of AI-leveraged serendipity. Insights applied in this paper are drawn from the book titled “A New Theory of Serendipity: Nature, Emergence and Mechanism”. (shrink)

There are two problems with Cimpian & Salomon’s (C&S’s) claim that an innate inherence heuristic is part of our cognitive makeup. First, some of their examples of inherent features do not seem to accord with the authors’ own definition of inherence. Second, rather than posit an inherence heuristic to explain why humans rely more heavily on inherent features, it may be more parsimonious to do so on the basis of aspects of the world itself and our relationship to (...) it. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity (...) to address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

The present paper describes an ”ontological square’ mapping possible ways of combining the domains and converse domains of the relations of inherence and denomination. In the context of expounding and extending medieval appropriations of elements drawn from Aristotle’s Categories for theological purposes, the paper uses this square to examine different ways of defining Substance-terms and Accident-terms by reference to inherence and denomination within the constraints imposed by the doctrine of the Trinity. These different approaches are related to particular texts of (...) thinkers including Bonaventure and Gilbert of Poitiers. (shrink)

Special relativity has changed the fundamental view on space and time since Einstein introduced it in 1905. It substitutes four dimensional spacetime for the absolute space and time of Newtonian mechanics. It is believed that the validities of Lorentz invariants are fully confirmed empirically for the last one hundred years and therefore its status are canonical underlying all physical principles. However, spacetime metric is a geometric approach on nature when we interpret the natural phenomenon. A geometric flaw on this will (...) be exhibited and the alternative is suggested. The reasonable geometric model of space and time is a three dimensional space which is translating along the time direction. This model legitimately represents the true characteristic of nature. (shrink)

This article reconstructs the theoretical premises of Tom Regan’s animal ethics, the American philosopher recently disappeared who has given a fundamental contribu-tion to this area of practical ethics, by developing a theory of rights based on the extension to all subjects-of-a-life of Kantian notions such as inherent value and respect. Regan’s theory still remains the most rigorous foundation of an animal ethics alternative to the utilitarian approach of Peter Singer, but it is not without unresolved problems or not entirely (...) satisfactory solutions. To remedy some of them, in the final part the author tries to insert into the Reganian theoretical framework elements of gradualism. (shrink)

One of the main characteristics of today’s democratic societies is their pluralism. As a result, liberal political philosophers often claim that the state should remain neutral with respect to different conceptions of the good. Legal and social policies should be acceptable to everyone regard- less of their culture, their religion or their comprehensive moral views. One might think that this commitment to neutrality should be especially pronounced in urban centres, with their culturally diverse populations. However, there are a large number (...) of laws and policies adopted at the municipal level that contradict the liberal principle of neutrality. In this paper, I want to suggest that these perfectionist laws and policies are legitimate at the urban level. Specifically, I will argue that the principle of neutrality applies only indirectly to social institutions within the broader framework of the nation-state. This is clear in the case of voluntary associations, but to a certain extent this rationale applies also to cities. In a liberal regime, private associations are allowed to hold and defend perfectionist views, focused on a particular conception of the good life. One problem is to determine the limits of this perfectionism at the urban level, since cities, unlike private associations, are public institutions. My aim here is therefore to give a liberal justification to a limited form of perfectionism of municipal laws and policies. (shrink)

The moral status of sexbots was analyzed while using consequentialism and feminism as the guiding frameworks. Sexbots are humanoid robots with a certain level of AI that represents personality-scripts. The thesis contained three main questions: A) What moral pain points can be identified in producing and using sex bots? B) Is it necessary to conclude from these moral issues that these practices are inherently immoral? C) What ethical conditions and contexts can be formulated in which sex bots can be used (...) and used positively and morally? -/- First of all a brief summary is given on the psychology behind our relationships with robots/sexbots to show the weight of the dynamics behind this relationship between sexual subject and the sexual technology of sexbots. Second, The Campaign Against Sex Robots from Richardson was used as a starting point to explore a more contextual approach of the moral uses and designs of sexbots. The claims about what sexbots represent and what possible effects they have were analyzed to find an opening that does not a priori ban the production of sexbots (as Richardson postulates). -/- Through the thesis, tentative explorations of moral designs and uses of sexbots can be found. This includes an analysis on the hardware and software behind a sexbot going from scripts and programming concerning consent and designs that are meant for different (for example; therapeutical) contexts. To conclude, the use of a non-essentialistic feminist new-materialism was used for a first exploration of the political value of sexbots as tools of empowerment, instead of oppression. (shrink)

The purpose of this essay is to look at whether Aquinas teaches in De veritate [DV], q. 1, a. 4, that truth is a form inherent in things. I take up this investigation because I am examining Lawrence Dewan's account of Aquinas's teaching on truth.1 On Dewan's account, a significant development occurs in Aquinas's teaching as regards truth as it is found in things. Before the Summa theologiae [ST], Aquinas thought that in addition to truth being in the intellect, (...) it was also in things. In ST, most explicitly in I, q. 16, a. 6, Aquinas no longer thinks that it is in things, but only in the mind. When Dewan says that before the ST truth is "in things" and in the ST it is not "in things," in both cases, by "in things," Dewan means "as a form inherent in things." What exactly this means for Dewan will be gradually brought out as I examine the text Dewan thinks most clearly teaches that truth is a form inherent in things: DV, q. 1, a. 4. (shrink)

The Truth problem is one of the central problems of philosophy. Nowadays, every major theory of truth that applies to formal languages utilizes devices referring to formulae. Such devices include name-forming functions. The theory of truth discussed in this paper applies to strict formal logic languages, the critique of which must, therefore, also obey mathematical rigour. This is why I have used formal logic derivations below rather than the argumentation of ordinary language.

Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect of (...) requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable. (shrink)

This article begins the task of assessing polygamy as a moral ideal. The structure of traditional polygamy, in which only one central spouse may marry multiple partners, necessarily yields two inequalities. The central spouse has greater rights and expectations within each marriage and greater control over the wider family. However, two alternative structures for polygamy can remove these inequalities. In polyfidelity, each spouse marries every other spouse in the family. In “molecular” polygamy, any spouses may marry a new spouse outside (...) the family. These new models of polygamy face additional difficulties, but they can be egalitarian in principle. (shrink)

The secularisation idea is that modernity leaves religion behind. But for Gauchet, modernity just is religion transformed, without remainder. The Axial Age discovery of the inner world of the psyche and its symbolic expressions, was at the same time a growth in understanding of God as creator, transcendent and incommensurable with all of creation. Henceforth, religion would be in the key of personal struggle and symbolic transformation, putting aside heteronomy. Taylor adds a caveat: the self-image of the self-sufficient, autonomous individual (...) subtracted from the canopy of 'higher' mythological entities obscures the basic human need for recognition and identity. This issues in an unhelpful politics of mobilization and manipulation. Likewise, Voegelin sees both liberal modernity and present-day religion as largely gnostic, closed and ideological versions of the traditions. Secular public policy types the religions as sects. But the autonomy of self-determination arises out of religion and a plausible secularisation thesis would see contemporary culture as containing within it the possibility for a secular expression of the authentic religious tradition - including resistance to sect-like religiosity. The revisionist history suggested here entails a rethink of the image of modernity in terms of a complete break with the pre-secular culture and entails a re-positioning of religion within secular society. (shrink)

The trope bundle theories of objects are capable of analyzing monadic inherence (objects having tropes), which is one of their main advantage. However, the best current trope theoretical account of relational tropes, namely, the relata specific view leaves relational inherence (a relational trope relating two or more entities) primitive. This article presents the first trope theoretical analysis of relational inherence by generalizing the trope theoretical analysis of inherence to relational tropes. The analysis reduces the holding of relational inherence to the (...) obtaining of certain other facts about entities of the trope theoretical category system. Moreover, I show that the analysis can deal with asymmetric and non-symmetric relations by assuming that all relation-like tropes are quantities. Finally, I provide an account of the spatial location of tropes in the difficult case in which tropes contribute to determining of the location of other entities. (shrink)

Technical artifacts have the capacity to fulfill their function in virtue of their physicochemical make-up. An explanation that purports to explicate this relation between artifact function and structure can be called a technological explanation. It might be argued, and Peter Kroes has in fact done so, that there issomething peculiar about technological explanations in that they are intrinsically normative in some sense. Since the notion of artifact function is a normative one (if an artifact has a proper function, it ought (...) to behave in specific ways) an explanation of an artifact’s function must inherit this normativity.In this paper I will resist this conclusion by outlining and defending a ‘buck-passing account’ of the normativity of technological explanations. I will first argue that it is important to distinguish properly between (1) a theory of function ascriptions and (2) an explanation of how a function is realized. The task of the former is to spell out the conditions under which one is justified in ascribing a function to an artifact; the latter should show how the physicochemical make-up of an artifact enables it to fulfill its function. Second, I wish to maintain that a good theory of function ascriptions should account for the normativity of these ascriptions. Provided such a function theory can be formulated — as I think it can — a technological explanation may pass the normativity buck to it. Third, to flesh out these abstract claims, I show how a particular function theory — to wit, the ICE theory by Pieter Vermaas and Wybo Houkes — can be dovetailed smoothly with my own thoughts on technological explanation. (shrink)

Evidence from jurisdictions that allow assisted dying is frequently used in the debate about assisted dying in the UK, since it provides important information about how assisted suicide and voluntary euthanasia work in practice. However, in order to interpret these data meaningfully, it is essential that they are understood in the context of the different legal and regulatory frameworks in operation in these countries. -/- The Commission on Assisted Dying has commissioned this expert briefing paper in order to help unpick (...) these complexities, and identify evidence for the effectiveness of the various legal safeguards that have been employed in jurisdictions that allow assisted dying. In the briefing paper the authors identify and explain the features of the legal regimes that regulate assisted dying in four target jurisdictions: the Netherlands, Belgium, Oregon and Switzerland. -/- They explore the evidence for the effectiveness of individual safeguards in each of these regimes in turn. Then they evaluate the evidence for the effectiveness of each safeguard, drawing on a detailed examination of the evidence, and, where possible, make recommendations on how these regimes could implement and regulate assisted dying more effectively. (shrink)

This paper elaborates upon various responses to the Problem of the One over the Many, in the service of two central goals. The first is to situate Huayan's mereology within the context of Buddhism's historical development, showing its continuity with a broader tradition of philosophizing about part-whole relations. The second goal is to highlight the way in which Huayan's mereology combines the virtues of the Nyāya-Vaisheshika and Indian Buddhist solutions to the Problem of the One over the Many while avoiding (...) their vices. (shrink)

This article examines the reporting requirements in four jurisdictions in which assisted dying (euthanasia and/or assisted suicide) is legally regulated: the Netherlands, Belgium, Oregon and Switzerland. These jurisdictions were chosen because each had a substantial amount of empirical evidence available. We assess the available empirical evidence on reporting and what it tells us about the effectiveness of such requirements in encouraging reporting. We also look at the nature of requirements on regulatory bodies to refer cases not meeting the legal criteria (...) to either prosecutorial or disciplinary authorities. We assess the evidence available on the outcomes of reported cases, including the rate of referral and the ultimate disposition of referred cases. (shrink)

Pierre Louis Moreau de Maupertuis’ famous and influential Discours sur les différentes figures des astres, which represented the first public defense of attractionism in the Cartesian stronghold of the Paris Academy, sometimes suggests a metaphysically agnostic defense of gravity as simply a regularity. However, Maupertuis’ considered account in the essay, I argue, is much more subtle. I analyze Maupertuis’ position, showing how it is generated by an extended consideration of the possibility of attraction as an inherent property and fuelled (...) by an understanding of Lockean skepticism about knowledge of real essences that is more nuanced perhaps even than Locke’s own. (shrink)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so in various (...) viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)

Many recent philosophers have been tempted by epistemic partialism. They hold that epistemic norms and those of friendship constitutively conflict. In this paper, I suggest that underpinning this claim is the assumption that friendship is not an epistemically rich state, an assumption that even opponents of epistemic partiality have not questioned. I argue that there is good reason to question this assumption, and instead regard friendship as essentially involving knowledge of the other. If we accept this account of friendship, the (...) possibility of epistemic partialism does not arise. (shrink)

Tom Regan's seafaring dog that is justifiably thrown out of the lifeboat built for four to save the lives of four humans has been the topic of much discussion. Critics have argued in a variety of ways that this dog nips at Regan's Achilles heel. Without reviewing previous discussions, with much of which I certainly agree, this article develops an unexplored approach to exposing the vulnerability of the position that Regan takes on sacrificing the dog to save the humans. It (...) argues that when dealing with the seafaring dog, Regan abandons his own principles, and that this is exactly what he should do. Regan should abandon his view that all subjects-of-a-life have equal inherent worth. (shrink)

This review makes a case for holistic education and calls for revamping Indian education, using the pedagogical methods available in this book.

In this essay, I reflect on the implications of intellectual virtues in scientific endeavor. To this end, I first offer a depiction of scientific endeavor by resorting to the notion of academic attitude, which involves aspects concerning the generation and possession of knowledge. Although there are differences between these activities, they have in common the engagement of diverse intellectual agents (scientists). In this sense, I analyze how intellectual virtues are linked to 1) scientific research tasks, such as theory appraisal, and (...) 2) those tasks of vigilance and intervention in the uses of scientific knowledge. I conclude that intellectual virtues play a leading role in achieving higher quality scientific research and adequate foresight on the uses and impacts of scientific findings. In this order of ideas, I propose an agenda for further inquiries on these matters, highlighting the relevance of reflecting and empirically researching the relationship between intellectual virtues and science, as well as cultivating intellectual virtues in various stages of scientific training. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in common (...) with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

‘Substance’ (substantia, zelfstandigheid) is a key term of Spinoza’s philosophy. Like almost all of Spinoza’s philosophical vocabulary, Spinoza did not invent this term, which has a long history that can be traced back at least to Aristotle. Yet, Spinoza radicalized the traditional notion of substance and made a very powerful use of it by demonstrating – or at least attempting to demonstrate -- that there is only one, unique substance -- God (or Nature) -- and that all other things are (...) merely modes or states of God. Some of Spinoza’s readers understood these claims as committing him to the view that only God truly exists, and while this interpretation is not groundless, we will later see that this enticing and bold reading of Spinoza as an ‘acosmist’ comes at the expense of another audacious claim Spinoza advances, i.e., that God/Nature is absolutely and actually infinite. But before we reach this last conclusion, we have a long way to go. So, let me first provide an overview of our plan. In the first section of this paper we will examine Spinoza’s definitions of ‘substance’ and ‘God’ at the opening of his magnum opus, the Ethics. Following a preliminary clarification of these two terms and their relations to the other key terms defined at the beginning of the Ethics, we will briefly address the Aristotelian and Cartesian background of Spinoza’s discussion of substance. In the second section, we will study the properties of the fundamental binary relations pertaining to Spinoza’s substance: inherence, conception, and causation. The third section will be dedicated to a clarification of Spinoza’s claim that God, the unique substance, is absolutely infinite. This essential feature of Spinoza’s substance has been largely neglected in recent Anglo-American scholarship, a neglect which has brought about an unfortunate tendency to domesticate Spinoza’s metaphysics to more contemporary views. The fourth section will study the nature of Spinoza’s monism. It will discuss and criticize the interesting yet controversial views of the eminent Spinoza scholar, Martial Gueroult, about the plurality of substances in the beginning of the Ethics; address Spinoza’s claim in Letter 50 that, strictly speaking, it is improper to describe God as “one”; and, finally, evaluate Spinoza’s kind of monism against the distinction between existence and priority monism recently introduced into the contemporary philosophical literature. The fifth and final section will explain the nature, reality, and manner of existence of modes. We therefore have an ambitious plan; let’s get down to business. (shrink)

This is review of the book "Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World" by Aravind Ganesh, which discusses the relevance of Immanuel Kant's legal philosophy for the European Union's exercise of extraterritorial jurisdiction. The book explores this issue from the perspectives of public international law and private law theory as well.

Responding to Henry Oldenburg’s request to clarify his views about the relation between God and Nature (Ep. 71), Spinoza writes: “I favor an opinion concerning God and Nature far different from the one Modern Christians usually defend. For I maintain that God is, as they say, the immanent, but not the transitive, cause of all things” (Ep. 73 (IV/307)). In the Ethics, Spinoza does not define the notion of causa immanens, but we can easily retrieve the precise meaning of the (...) term by scrutinizing E1p18d in which Spinoza proves that “God is the immanent, not the transitive, cause of all things [Deus est omnium rerum causa immanens; non vero transiens].” The proof relies on two claims Spinoza established earlier in the Ethics: that all things are “in” God (E1p15), and that God is the “efficient cause” of all things (E1p16c1). Thus, an immanent cause is an efficient cause whose effect is in the cause, while a causa transiens is an efficient cause whose effect is not in the cause. (In the secondary literature, the relation of being-in is commonly referred to as ‘inherence’; notably, Spinoza himself uses the terminology of ‘inherence’ only once (Ep. 12 (IV/61)).). (shrink)

Yitzhak Melamed here offers a new and systematic interpretation of the core of Spinoza's metaphysics. In the first part of the book, he proposes a new reading of the metaphysics of substance in Spinoza: he argues that for Spinoza modes both inhere in and are predicated of God. Using extensive textual evidence, he shows that Spinoza considered modes to be God's propria. He goes on to clarify Spinoza's understanding of infinity, mereological relations, infinite modes, and the flow of finite things (...) from God's essence. In the second part of the book, Melamed relies on this interpretation of the substance-mode relation and the nature of infinite modes and puts forward two interrelated theses about the structure of the attribute of Thought and its overarching role in Spinoza's metaphysics. First, he shows that Spinoza had not one, but two independent doctrines of parallelism. Then, in his final main thesis, Melamed argues that, for Spinoza, ideas have a multifaceted structure that allows one and the same idea to represent the infinitely many modes which are parallel to it in the infinitely many attributes. Thought turns out to be coextensive with the whole of nature. Spinoza cannot embrace an idealist reduction of Extension to Thought because of his commitment to the conceptual separation of the attributes. Yet, within Spinoza's metaphysics, Thought clearly has primacy over the other attributes insofar as it is the only attribute which is as elaborate, as complex, and, in some senses, as powerful as God. (shrink)

ABSTRACT On the traditional picture, accidents must inhere in substances in order to exist. Berkeley famously argues that a particular class of accidents—the sensible qualities—are mere ideas—entities that depend for their existence on minds. To defend this view, Berkeley provides us with an elegant alternative to the traditional framework: sensible qualities depend on a mind, not in virtue of inhering in it, but in virtue of being perceived by it. This metaphysical insight, once correctly understood, gives us the resources to (...) solve a central problem that still plagues the philosophy of perception—the problem of how, given the power of the mind to create phenomenally rich experiences, ordinary perception can nonetheless be said to acquaint us with the mind-independent world. (shrink)