The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body or (...) to any legal system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (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 dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...) International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who (...) are neither legal nor illegal and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

Philosophy Compass, Volume 17, Issue 5, May 2022.

Lo sviluppo del diritto internazionale penale è stato accolto con entusiasmo da attivisti per i diritti umani, giuristi e studiosi di questioni internazionali. La punizione dei crimini internazionali più gravi, come i crimini di guerra, quelli contro l’umanità e il genocidio è considerata un importante passo avanti verso l’effettiva protezione dei diritti umani e l’affermazione della pace. Questo entusiasmo sembra però aver lasciato sullo sfondo alcune domande fondamentali: come si giustifica l’esercizio del potere punitivo internazionale? Chi ne è il titolare (...) e in virtù di cosa? Il tribunale del mondo prova a rispondere a queste domande, indagando da una prospettiva filosofico-politico-giuridica la giustificazione del diritto internazionale penale e assumendo come punto di partenza le specificità del contesto internazionale. L’autrice auspica il superamento del diritto internazionale penale a favore di un sistema plurale di risposta alle gravi violazioni dei diritti elementari: un sistema che comprenda anche soluzioni non penali e che in alternativa all’universalismo del diritto penale internazionale offra meccanismi orientati alle esigenze delle comunità coinvolte. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while (...) aggravating other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

Hobbs (2010) introduced ‘clause-internal coherence’ (CIC) to describe inferences in, e.g., ‘A jogger was hit by a car,’ where the jogging is understood to have led to the car-hitting. Cohen & Kehler (2021) argue that well-known pragmatic tools cannot account for CIC, motivating an enrichment account familiar from discourse coherence research. An outstanding question is how to compositionally derive CIC from coherence relations. This paper takes strides in answering this question. It first provides experimental support for the existence of CIC (...) via offline evidence that attributive (non-)deverbal adjectives can trigger the same causal inferences within clauses that their predicative counterparts can trigger across clauses, albeit more weakly. To explain the experimental results, we use tools in Segmented Discourse Representation Theory (SDRT), which allows us to show that causal inferences can be derived in various ways, depending on whether deverbal adjectives are used attributively or predicatively. If the former, they are presupposition triggers and the coherence relations Elaboration/Continuation compete with Background; if the latter, Explanation/Result compete with Background. These different competitions -- cashed out in terms of interaction between default axioms -- correlate with the difference in the relative salience of the causal inferences. (shrink)

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, (...) among other things, affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

El Tribunal de Justicia ha comenzado a utilizar la Carta de los Derechos Fundamentales de la Unión Europea como un instrumento con fuerza jurídica equivalente al Tratado, a la vez que amplía el ámbito de su control jurisdiccional y su posición como garante de los derechos fundamentales en la Unión Europea. Sin embargo, esto debería ir acompañado de una auténtica garantía de los mismos y una pormenorizada justificación de sus límites y restricciones, lo que no parece evidente en todos los (...) casos. (shrink)

O Judiciário moderno constitui um sistema hierarquizado e centralizado, em que cortes superiores, com um número pequeno de membros, têm a função de “dar a última palavra” para resolver desacordos doutrinários entre instâncias inferiores – e inclusive rever decisões das demais autoridades. Essa estrutura hierárquica implica uma fonte peculiar de instabilidade: o tribunal superior se torna como que um “ponto único de falha” suscetível à captura, à pressão indevida, à sobrecarga, e até a súbitas mudanças doutrinárias – pondo em risco (...) seu alegado papel de estabilizador do regime democrático. Isso é salientado quando tais cortes sofrem pressão, ou quando há reviravoltas decorrentes de uma maioria frágil no tribunal – a exemplo do debate sobre a prisão em segunda instância no Brasil. Analiso como o desenvolvimento tecnologias de informação e comunicação (TICs) poderia mitigar este problema por meio de um sistema que agregue decisões judiciais de instâncias inferiores a fim de resolver conflitos de jurisprudência numa determinada jurisdição; isso equivaleria a um sistema de votação que substituiria a atuação da corte de última instância na unificação de jurisprudência – como se a última instância fosse, na realidade, composta pelo judiciário como um todo. Isso alteraria a estrutura de decisão hierarquizada do judiciário, no que diz respeito a divergências entre magistrados, aumentando a descentralização do sistema – associada ao ideal da tradição de common law. Embora original, a proposta é modesta, e poderia ser atingida por meio de mudanças incrementais, sem ruptura institucional, a partir de práticas e tecnologias já existentes – e uso como exemplo ferramentas de legal analytics e o sistema de “repercussão geral de recursos extraordinários” do Brasil, no qual se utiliza processamento de linguagem natural para filtrar e classificar processos de acordo com o tema. Ao final, discutem-se possíveis vantagens e desvantagens dessa proposta, como características epistêmicas da descentralização e o risco de “rigidez” na evolução da doutrina jurídica – em especial no que se refere aos longos mandatos de membros de tribunais superiores. Concluímos que a descentralização da unificação da jurisprudência pode contribuir para mitigar o risco de, com o desenvolvimento da tecnologia, maior concentração de poder. (shrink)

National security is one of the most critical elements for Vietnam society, economy and political system, their stability, sustainability and prosperity. It is unconditionally the top priority for Vietnamese government, State, Communist Party and military forces. In the contemporary world with advanced technology and rapid globalization process taking place, beside many extant economic, social and political benefits there are many appearing challenges and threats that could endanger and destabilize the current socio-economic and political system of any country, including Vietnam. The (...) security issues and concerns understood by those challenges and threats are posed for the international and national community, both from outside and from within. The national security issues and concerns should be constantly screened and updated as the world is evolving at unprecedented pace, with particular exposure to the rising, but not yet fully identified, unconventional challenges and threats that have never seen before. The article is using empirical analysis and case study as methodology for carrying out research, treating security and military science as interdisciplinary, but two of the branches of social science. The aim of this article is to focus on internal instability as challenging security issue that could pose a real threat and danger to the current socio-economic and political system and based on that to draw some implications and propose some viable solutions for the Vietnamese authority to guard the safety and security of the people, society and also its political existence. (shrink)

En diversas ocasiones se han producido tensiones entre el Tribunal Constitucional y el Tribunal Supremo, que han trascendido a la opinión pública y que han sido motivo de debates, tanto en la doctrina como en la arena política. -/- Estas tensiones se agudizaron con ocasión de la famosa condena por responsabilidad civil de los Magistrados del Tribunal Constitucional por parte de la Sala Primera del Tribunal Supremo; y que ha sido causa de que el legislador haya introducido en la reforma (...) de la Ley Orgánica del Tribunal Constitucional una serie de medidas tendentes a fortalecer la posición institucional del máximo intérprete de la Constitución. -/- En este trabajo tratamos de acercarnos a estas tensiones, tanto cuando interviene la Sala Primera del Tribunal Supremo, como cuando interviene la Sala Segunda y la relevancia que tiene cada episodio. -/- A esta situación, se une la fuerza jurídica con la que se acaba de dotar al Tribunal Constitucional con motivo de la reciente reforma de su ley orgánica. El Tribunal Constitucional dispone ahora del instrumento del artículo 4 de la Ley Orgánica del Tribunal Constitucional, que pretende garantizar la fuerza vinculante de su jurisprudencia que ya se desprendía de la Constitución y su ley orgánica. -/- Es necesario estudiar si esta reforma va a ser o no suficiente para garantizar de forma definitiva la supremacía del Tribunal Constitucional en nuestro sistema jurídico-constitucional; y en qué medida esta reforma afecta al equilibrio institucional existente. -/- También se reflexiona, en último lugar, sobre la conveniencia de una articulación distinta del sistema de responsabilidad de los Magistrados constitucionales, que, sin restarles independencia, les dote de una mayor legitimidad en el ejercicio de su función. (shrink)

The organization of an international education activity has its specifics compared to a national one. It is very important to know the differences in the very organization as well as the opinions of the individual participants. We can find differences not only in the management of education but also in the leisure activities, the nourishment, and the accommodation. Based on experiences with the organization of international events and taking part in international projects in the field of educating (...) older adults, we put together a questionnaire to investigate some important questions related to the organization of an international event. We distributed this questionnaire at two international educational activities. We compiled the questions and answer clearly, which is going to be an asset particularly for the professional community. (shrink)

Contemporary semantic description of logic is based on the ontology of all possible interpretations, an insufficiently clear metaphysical concept. In this article, logic is described as the internal organization of language. Logical concepts -- logical constants, logical truths, and logical consequence -- are defined using the internal syntactic and semantic structure of language. For a first-order language, it has been shown that its logical constants are connectives and a certain type of quantifiers for which the universal and existential quantifiers form (...) a functionally complete set of quantifiers. Neither equality nor cardinal quantifiers belong to the logical constants of a first-order language. (shrink)

In “Models and Reality” (1980), Putnam sketched a version of his internal realism as it might arise in the philosophy of mathematics. Here, I will develop that sketch. By combining Putnam’s model-theoretic arguments with Dummett’s reflections on Gödelian incompleteness, we arrive at (what I call) the Skolem-Gödel Antinomy. In brief: our mathematical concepts are perfectly precise; however, these perfectly precise mathematical concepts are manifested and acquired via a formal theory, which is understood in terms of a computable system of proof, (...) and hence is incomplete. Whilst this might initially seem strange, I show how internal categoricity results for arithmetic and set theory allow us to face up to this Antinomy. This also allows us to understand why “Models are not lost noumenal waifs looking for someone to name them,” but “constructions within our theory itself,” with “names from birth.”. (shrink)

How should the fact of state consent to international agreements affect their moral evaluation? Political criticism of the content of international agreements is often answered by invoking the voluntary nature of those agreements: if states did not wish to accept their terms then they were free to reject them; the fact of their having voluntarily accepted them limits the scope for subsequent criticism. This is the “Voluntarist Reply”. This paper examines the Voluntarist Reply to understand the specific moral (...) work that it claims to do, the sense of voluntariness that it requires, and the limits on the capacity of voluntary consent to answer substantive political and moral criticism . It maps those limits across four prominent and plausible accounts of international economic justice to understand the different ways that consent does or does not alter the moral situation. (shrink)

We advocate for the inclusion of Indigenous studies within first-year writing and academic English courses, particularly those taught to multilingual, international students. We argue that asking international students to learn about local and international Indigenous issues productively intersects with coursework in academic English. Our pedagogical approach emphasizes metalanguage and allows Indigenous studies and explicit language instruction to work in tandem, thereby recognizing the agency of Indigenous scholars and guiding non-Indigenous students in relation to it.

The sensorimotor theory of perceptual experience claims that perception is constituted by bodily interaction with the environment, drawing on practical knowledge of the systematic ways that sensory inputs are disposed to change as a result of movement. Despite the theory’s associations with enactivism, it is sometimes claimed that the appeal to ‘knowledge’ means that the theory is committed to giving an essential theoretical role to internal representation, and therefore to a form of orthodox cognitive science. This paper defends the role (...) ascribed to knowledge by the theory, but argues that this knowledge can and should be identified with bodily skill rather than representation. Making the further argument that the notion of ‘representation hunger’ can be replaced with ‘prima facie representation hunger’, it concludes that although the theory could optionally be developed scientifically in part by reference to internal representation, it makes a strong and natural fit with anti-representationalist embodied or enactive cognitive science. (shrink)

Pretendemos acercarnos a la posición que el Tribunal Constitucional ha desarrollado en su jurisprudencia respecto al Derecho de la Unión Europea. -/- La postura del Tribunal Constitucional español es compleja en sí misma por las dudas que plantea, dejando traslucir, se podría decir, cierta indecisión en cuanto a su propia naturaleza de juez comunitario. -/- Considerando la diferente perspectiva que mantiene el Tribunal de Justicia de la Unión Europea, se puede deducir una especie de relación en la arquitectura judicial europea (...) que está llamada a ser dialéctica y de equilibrio, máxime en una Unión Europea donde también el poder político reside en un sistema de equilibrios en diferentes direcciones. (shrink)

Physicians frequently ask whether they should give patients what they want, usually when there are considerations pointing against doing so, such as medicine’s values and physicians’ obligations. It has been argued that the source of medicine’s values and physicians’ obligations lies in what has been dubbed “the internal morality of medicine”: medicine is a practice with an end and norms that are definitive of this practice and that determine what physicians ought to do qua physicians. In this paper, I defend (...) the claim that medicine requires a morality that is internal to its practice, while rejecting the prevalent characterization of this morality and offering an alternative one. My approach to the internal morality of medicine is constructivist in nature: the norms of medicine are constructed by medical professionals, other professionals, and patients, given medicine’s end of “benefitting patients in need of prima facie medical treatment and care.” I make the case that patients should be involved in the construction of medicine’s morality not only because they have knowledge that is relevant to the internal morality of medicine—namely, their own values and preferences—but also because medicine is an inherently relational enterprise: in medicine the relationship between physician and patient is a constitutive component of the craft itself. The framework I propose provides an authoritative morality for medicine, while allowing for the incorporation, into that very morality, of qualified deference to patient values. (shrink)

The principal finding of the doctoral research of Cometan (a.k.a. Brandon Reece Taylorian) was that the ways governments, both authoritarian and democratic, use their powers to recognise religions and beliefs and register religious or belief organisations is negatively impacting conditions of freedom of religion or belief. Cometan explored the range of recognition and registration issues plaguing religious freedom and other human rights and discovered that there lacks a definitive set of international standards to address some of the granular topics (...) that are causing registration procedures in particular to become onerous and thus impedimental to the free and legal exercise of religion or belief. Cometan's International Religious Rights and Standards (IRRS) document presents a series of standards for how nation states ought to develop their recognition and registration policies and practices to remain FoRB-compliant. The standards of the IRRS document have been created based on the results of Cometan's PhD research, the thesis for which is titled Religious Freedom and State Recognition of Belief. Cometan's intention is that the IRRS document will encourage international organisations like the OSCE and the United Nations as well as national and international human rights courts such as the ECtHR to establish more detailed and country-specific guidelines to address the breath of registration issues and the recognition issues that often worsen such issues. (shrink)

This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. And third, (...) it examines these questions using parallel studies with UK and US respondents to test the robustness and generalisability of the relations identified. Results confirm that, across both jurisdictions, illegality under either trade or human rights regimes, and with or without the additional involvement of an international court, have a statistically significant negative effect of public support for a policy. They further identify a greater negative effect where an international court has confirmed this illegality, although this result is statistically significant in only one case. They do not identify any statistically significant difference in the support depressing effect of illegality under the trade regime compared to the human rights regime. (shrink)

Preservation of the environment, the sphere of the vital activity of the population, cultural heritage, promotion of the healthy lifestyle movement, the implementation of the “green†and resource saving technologies create more active demand for organic goods in the international trade. The ecological, social, economic and institutional merits of organic goods compared with traditional and genetically modified goods as well as the high pace of the growth of the international trade in organic agricultural goods enhance their role in (...) the achievement of the goals of sustainable development. The article considers the international trade in organic goods as sustainable international trade. Based on the authors’ methods of the calculation of the integrated index of development of organic market of 15 developing countries, the positions, factors, prospects and conditions of the development of national markets of organic agricultural goods were identified. It was found that the market of organic goods of the Czech Republic is the most developed and balanced due to the high payment capacity of the population, the policy of the producer’s support, existence of the relevant certification of the produce during delivery to the EU market. The markets of the countries of Europe and Middle East (Poland, Romania, Turkey, and Ukraine) are growing mainly under the influence of supply factors; the markets of Asia and America (China, Brazil and Peru) – under the influence of demand factors, including the demand in the global market. The internal markets of China and India are developed insufficiently. The prospects of the development of markets of organic goods of Mexico, Brazil, India, China, Russia and Chili are related to the stimulation of the internal production of organic goods. In Ukraine, Peru, India, Chili, Mexico and Turkey, it is appropriate to popularize consumption of organic goods. Romania, Czech Republic, Brazil, Turkey, Ukraine and Russia have to facilitate the promotion of their own organic goods to the world market. It was found that a relatively high payment capable demand in the internal market is a necessary condition, and the growth of the share of organic goods in the export structure of the countries is an obligatory condition to enhance the positions of the countries in the global market of organic goods. The condition of an increase in the role of the countries developing in the world market of organic goods and the transition of the world economy to the principles of sustainable development were substantiated. (shrink)

The aim of this paper is to give an account of what it is to internalize a rule. I claim that internalization is the process of redistributing the burden of instruction from the teacher to the student. The process is complete when instruction is no longer needed, and the rule has reshaped perceptual classification of the circumstances in which it applies. Teaching a rule is the initiation of this process. We internalize rules by simulating instruction coming from someone else. Running (...) these simulations enables us to toggle between the perspective of the instructor and our own perspective. By doing this we coordinate our perspectives with that of the teacher. The account given here provides a deeper explanation of why internalizing a rule involves the dispositions and reactive attitudes proponents of Rule Consequentialism often say it does, why moral reflection is variably demanding, how intergenerational moral progress is made possible by our cognitive architectures, and why the adoption of a rule should be understood in terms of teaching that rule. (shrink)

Feminism has long grappled with its own demarcation problem—exactly what is it to be a woman?—and the rise of trans-inclusive feminism has made this problem more urgent. I will first consider Sally Haslanger’s “social and hierarchical” account of woman, resulting from “Ameliorative Inquiry”: she balances ordinary use of the term against the instrumental value of novel definitions in advancing the cause of feminism. Then, I will turn to Katharine Jenkins’ charge that Haslanger’s view suffers from an “Inclusion Problem”: it fails (...) to class many trans women as women. Jenkins offers a novel norm-relevancy account of woman to avoid the Inclusion Problem. Unfortunately, Jenkins’ account has serious internal problems, i.e. problems by Jenkins’ own lights: it is unintelligible, or it suffers from an Inclusion Problem of its own. After that, I will develop novel arguments for the conclusion that the project of Ameliorative Inquiry is both incoherent and also impossible to complete—at least, impossible to complete in a trans-inclusive way. Trans-inclusive feminism, therefore, would do well to move beyond Ameliorative Inquiry. Insofar as that’s not possible, trans-inclusive feminism inherits the incoherence of Ameliorative Inquiry. (shrink)

In this paper, we intend to explore the possible influences of legislative prose in the Anaximander’s cosmological prose construction, who would have been, according to Themistius, “the first Greek who dared to expose a written discourse about nature” (ἐθάρρησε πρῶτος ὧν ἴσμεν Ἑλλήνων λόγον ἐξενεγκεῖν περὶ φύσεως συγγεγραμμένον, Or. 26 p. 383 = DK12A7). Our aim is to clarify which notions of nature and justice are assumed in its emergent cosmology, considering that, at least from the lexical point of view, (...) it seems strongly suggestive to be undefined the barriers between the legal and cosmic order, between the Human and the Natural. Indeed, this is what the peripatetic tradition seems to suggest by judging Anaximander’s language extremely poetic (ποιητικωτέροις οὕτως ὀνόμασιν αὐτὰ λέγων), since he would use legal terms (διδόναι αὐτὰ δίκην καὶ τίσιν ἀλλήλοις τῆς ἀδικίας) to explain the natural processes of generation and corruption (ἡ γένεσίς ἐστι τοῖς οὖσι, καὶ τὴν φθορὰν εἰς ταῦτα γίνεσθαι, Simpl. in Phys. 24. 13–25 = DK12B1). ——— Objetivamos neste artigo explorar as possíveis influências da prosa legislativa na constituição da prosa cosmológica de Anaximandro de Mileto, que teria sido, segundo Temístio, “o primeiro grego que ousou expor um discurso escrito sobre a natureza” (ἐθάρρησε πρῶτος ὧν ἴσμεν Ἑλλήνων λόγον ἐξενεγκεῖν περὶ φύσεως συγγεγραμμένον, Or. 26 p.383 = DK12A7). Visamos aclarar que noções de natureza e de justiça estão sendo pressupostas nessa cosmologia então emergente, considerando que, ao menos do ponto de vista lexical, parece fortemente sugestivo serem indefinidas as barreiras entre a ordem jurídica e a cósmica, entre o âmbito humano e o natural. Com efeito, é o que parece já sugerir a tradição peripatética ao julgar o linguajar de Anaximandro extremamente poético (ποιητικωτέροις οὕτως ὀνόμασιν αὐτὰ λέγων) por o milésio empregar termos considerados do âmbito jurídico (διδόναι αὐτὰ δίκην καὶ τίσιν ἀλλήλοις τῆς ἀδικίας) para explicar os processos ditos naturais de geração e corrupção (ἡ γένεσίς ἐστι τοῖς οὖσι, καὶ τὴν φθορὰν εἰς ταῦτα γίνεσθαι, Simpl. in Phys. 24.13–25 = DK12B1). (shrink)

Can international relations (IR) be a distinctive discipline? In the present paper I argue that such a discipline would be a social science that could be formulated within the perspective of comparative paradigms. The objections to scientific methods are thus overcome by the logic of international oppositions, in other words a model takes several paradigms into account and considers three kinds of foreign relation (enemy, friend, and rival) in the light of three main questions: what is IR about (...) (ontology); what does relate therein (epistemology); and how to assess such a relation (logic). (shrink)

Imre Lakatos' conception of the history of science is explicated with the purpose of replying to criticism leveled against it by Thomas Kuhn, Ian Hacking, and others. Kuhn's primary argument is that the historian's internal—external distinction is methodologically superior to Lakatos' because it is "independent" of an analysis of rationality. That distinction, however, appears to be a normative one, harboring an implicit and unarticulated appeal to rationality, despite Kuhn's claims to the contrary. Lakatos' history, by contrast, is clearly the history (...) of a normatively defined discipline; of science and not scientists and their activities. How such history can be written, the historiographic and critical tools available for its construction, and its importance as history, are considered in detail. In an afterword, the prevalence of Lakatos' treatment of history in philosophical discussion is indicated: A related approach is shown to arise in social contract theory. (shrink)

Recent shifts by the World Bank and the World Food Programme emphasize long-term, sustainable solutions that leverage local resources, capacity, and community participation. Effective supply chain management, crucial to program delivery, is vital for developing a sustainable approach to school feeding. This study aims to examine national and international capacities in supply chain management by analyzing the food items delivered through the school meals program.

A special issue of the International Journal in Information Science and Engineering “Neutrosophic Sets and Systems” (vol. 71/2024) is dedicated to the Conference on NeutroGeometry, NeutroAlgebra, and Their Applications, organized by the Latin American Association of Neutrosophic Sciences. This event, which took place on August 12-14, 2024, in Havana, Cuba, was made possible by the valuable collaboration of the University of Havana, the University of Physical Culture and Sports Sciences "Manuel Fajardo," the José Antonio Echeverría University of Technology, University (...) of Informatics Sciences and the Cuban Academy of Sciences among other institutions. In 2019 Smarandache generalized the classical Algebraic Structures to NeutroAlgebraic Structures (or NeutroAlgebras) {whose operations and axioms are partially true, partially indeterminate, and partially false} as extensions of Partial Algebra, and to AntiAlgebraic Structures (or AntiAlgebras) {whose operations and axioms are totally false} and on 2020 he continued to develop them. The NeutroAlgebras & AntiAlgebras are a new field of research, which is inspired from our real world. In classical algebraic structures, all operations are 100% well-defined, and all axioms are 100% true, but in real life, in many cases these restrictions are too harsh, since in our world we have things that only partially verify some operations or some laws. Similarly, a classical Geometry structure has all axioms totally (100%) true. A NeutroGeometry structure has some axioms that are only partially true, and no axiom is totally (100%) false. Whereas an AntiGeometry structure has at least one axiom that is totally (100%) false. And in general, in any field of knowledge one has: Structure, NeutroStructure, and AntiStructure which were inspired from our real world where the laws (axioms) do not equally apply to all people and in the same degree. This special issue aims to highlight the most recent advances and applications in the fields of NeutroGeometry and NeutroAlgebra, two areas that are at the forefront of contemporary mathematical and scientific thought. During the conference, the mathematical foundations and practical applications of these disciplines were explored, as well as their relevance in the MultiAlism system and other interdisciplinary areas. The content of this special issue has been carefully selected to reflect the diversity and depth of the topics discussed at the conference. This event and the subsequent publication of these works underline the growing importance of neutrosophic theories in the current scientific landscape. We are confident that the ideas and discoveries shared in these pages will be of great value to researchers, academics, and professionals interested in these innovative areas of knowledge. (shrink)

In this chapter, my main aim is to explore some of the central moral critiques of international financial institutions as well as proposals to overcome the moral problems that they face.

Shepard has supposed that the mind is stocked with innate knowledge of the world and that this knowledge figures prominently in the way we see the world. According to him, this internal knowledge is the legacy of a process of internalization; a process of natural selection over the evolutionary history of the species. Shepard has developed his proposal most fully in his analysis of the relation between kinematic geometry and the shape of the motion path in apparent motion displays. We (...) argue that Shepard has made a case for applying the principles of kinematic geometry to the perception of motion, but that he has not made the case for injecting these principles into the mind of the percipient. We offer a more modest interpretation of his important findings: that kinematic geometry may be a model of apparent motion. Inasmuch as our recommended interpretation does not lodge geometry in the mind of the percipient, the motivation of positing internalization, a process that moves kinematic geometry into the mind, is obviated. In our conclusion, we suggest that cognitive psychologists, in their embrace of internal mental universals and internalization may have been seduced by the siren call of metaphor. Key Words: apparent motion; imagery; internalization; inverse projection problem; kinematic geometry; measurement; metaphors of mind. (shrink)

My modest aim in this piece is to frame and illuminate some of the issues surrounding normative motivation, rather than take a firm position on any of them. I begin by clarifying the key terms in my title of this essay, and unpacking some of the assumptions that underpin its question. I then distinguish four kinds of answers one might give. In this short essay I will not be able to properly develop and evaluate an argument for the view that (...) normative motivations are psychologically primitive, but I will have some comments about what such an argument might look like, and what it would have to show. (shrink)

How should International Political Theory (IPT) relate to public policy? Should theorists aspire for their work to be policy- relevant and, if so, in what sense? When can we legitimately criticize a theory for failing to be relevant to practice? To develop a response to these questions, I will consider two issues: (1) the extent to which international political theorists should be concerned that the norms they articulate are precise enough to entail clear practical advice under different empirical (...) circumstances; (2) whether they should provide concrete practical advice on policy choice and institutional reform. These questions are related but distinct, and we should answer each quite differently. Regarding the first, I shall argue that it counts heavily against a theory if it is not precise enough to guide policy and reform given certain empirical assumptions. On the second, I will argue that theorists should be very cautious when engaging with questions of policy and institutional design. Some principles of IPT can be criticized for being insufficiently precise, but a degree of abstraction from concrete policy recommendations is a virtue, rather than a vice, of an element of IPT. I conclude that we should aim to be precise without being concrete. To help fix ideas and anchor my argument, I will discuss these issues with reference to a principle that John Rawls has advocated in his influential work The Law of Peoples (Rawls 1999a): a duty of assistance to societies that lack the capacity to satisfy the basic needs or protect the basic rights of their people. (shrink)

Contemporary proponents of republican political theory often focus on the concept of freedom as non-domination, and how best to promote it within a state. However, there is little attention paid to what the republican conception of freedom demands in the international realm. In this essay I examine what is required for an agent to enjoy freedom as non-domination, and argue that this might only be achieved for individuals if one of two possibilities is pursued internationally: either (1) all nations (...) are made equally powerful, such that none may arbitrarily impose its will on another without penalty, or (2) all nations are joined under a global sovereign which guarantees that the weaker states are not subject to the whims of the stronger. I further argue that the first condition cannot suffice for achieving true non-domination, and as a result, republicanism must prescribe working toward the establishment of a global state. This paper provides an important contribution to the literature by addressing the international implications of the republican conception of freedom. (shrink)

In a convoluted and a frail sense there might be external reasons. One cannot just precipitate an external reason on demand. Their emergence is feasible only via a posteriori rationalization---effectively the effects of future mental events. This paper attempts to specify pre-conditions for an (internal) reason for action in the past to transform into an external reason later. Most fundamentally one must not know something about one's reason at the time of action .

In this paper, I argue that what counts as the proper function of a trait is a matter of the de facto perspective that the biological system, itself, possesses on what counts as proper functioning for that trait. Unlike non-perspectival accounts, internal perspectivalism does not succumb to generality problems. But unlike external perspectivalism, internal perspectivalism can provide a fully naturalistic, mind-independent grounding of proper function and natural norms. The attribution of perspectives to biological systems is intended to be neither metaphorical (...) nor anthropomorphic: I do not mean to imply that such systems thereby must possess agency, cognition, intentions, concepts, or mental or psychological states. Instead, such systems provide the grounding for norms of performance when they internally enforce their own standard of (i.e., their own perspective on) what constitutes proper functioning or malfunctioning. By operating with a fixed, determinate level of generality, such systems provide the basis for an account of proper function that is immune to generality problems. (shrink)

Arguments pro and contra convergent realism – underdetermination of theory by observational evidence and pessimistic meta-induction from past falsity – are considered. It is argued that, to meet the counter-arguments challenge, convergent realism should be considerably changed with a help of modification of the propositions from this meta-programme “hard core” or “protecting belt”. Two well-known convergent realism rivals – “entity realism” of Nancy Cartwright and Ian Hacking and John Worrall’s “structural realism” – are considered. Entity realism’s main drawback is fundamental (...) laws underestimation. As for structural realism, its limitation of theoretical propositions by pure structural ones is ineffective. One always can transform propositions about objects into propositions about structures and vice versa. Both conceptions are kinds of “metaphysical revisionism” that tries to reformulate the good old convergent realism propositions using more decent language and applying ad hoc modifications of the solutions first obtained within the anti-realist epistemological meta-programmes. It is stated that to overcome the troubles of convergent realism one has to turn from classical or “metaphysical” realism to nonclassical or “internal” one and to coherent theory of truth. Internal realism has no troubles in solving the problem of empirically-equivalent theoretical descriptions and historical meta-induction problem, but gets the problem of scientific knowledge objectivity instead. Where does this objectivity come from? One of the answers is proposed by the scientific knowledge growth model elaborated by Rinat Nugayev and by Peter Galison. Each paradigm is a local viewpoint determined by the peculiarities of a culture into which its creator . was submerged. However, the meeting of the different paradigms leads to their interaction; as a result, the crossbred theoretical objects are constructed. Through these systems the infiltration of one paradigm on the other’s domain takes place. After the old paradigms’ grinding the new ones emerge that reconcile to each other much better than the old ones. Scientific theories reconcile results in elimination of many contingent details. In the process of competition more universal components survive. It is demonstrated that the process of objective knowledge genesis takes place in modern superstring theory too. The list of its drawbacks is rather long; it is clear that the theory cannot pretend on the role of the Theory of Everything. Nevertheless the process of argumentation pro and contra convergent realism – underdetermination of theory by observational evidence and pessimistic meta-induction from past falsity – are considered. It is argued that, to meet the counter-arguments challenge, convergent realism should be considerably changed with a help of modification of the propositions from this meta-programme “hard core” or “protecting belt”. It is stated that to overcome the troubles of convergent realism one has to turn from classical or “metaphysic” of quantum field theory and general relativity interpenetration have already begun. (shrink)

El principio de seguridad jurídica tiene, como una de sus manifestaciones características, dentro del Estado de Derecho, la fuerza de cosa juzgada (res iudicata) que se atribuye a las sentencias o resoluciones judiciales equivalentes firmes, y que implica tanto su impugnabilidad como su potencial influencia en litigios posteriores que guarden una conexión con el asunto ya resuelto en firme. Sin embargo, es posible que estas decisiones judiciales firmes de jueces nacionales, por diversas causas (error, omisión, interpretación manifiestamente contraria, etc.) vulneren (...) el Derecho de la Unión Europea y, por tanto, afecten tanto a su primacía como a su efectividad en sus relaciones con los ordenamientos jurídicos nacionales. El Tribunal de Justicia ha tenido oportunidad de enfrentarse al dilema de ponderar el principio de fuerza de cosa juzgada con las primacía y efectividad del Derecho de la Unión en diversas sentencias. Este trabajo tiene como objetivo realizar una aproximación y revisar la jurisprudencia más importante al respecto hasta la actualidad. (shrink)

The most discussed theory of law of the twentieth century – HLA Hart’s theory from _The Concept of Law_ – is fundamentally _psychological_. It explains the existence of legal systems in terms of an attitude taken by legal officials: the internal point of view. Though much has been said about this attitude (what statements _express_ it, what it is _not_, how Hart _ought_ to have conceived of it, etc.), we nonetheless lack an adequate account of the attitude itself. This paper (...) presents and defends an account of the internal point of view and shows how, when understood as the account suggests, this attitude can play the several roles that Hartian positivists need it to play. (shrink)

Recent interpretations of Kant’s international political philosophy have argued that the formation of a coercive world-state (Völkerstaat) is morally required. While these interpretations highlight the importance of a strong world government, they ignore Kant’s alternative to a Völkerstaat, a world-federation (Völkerbund). For both theoretical and practical reasons, the Völkerbund plays a crucial role in cosmopolitan right, and Kant can only justifiably reject the formation of the Völkerstaat because of the structure of the Völkerbund. This article explains the constitution and (...) functions of the Völkerbund, and thereby shows why Kant was not ultimately committed to supporting a coercive world-state. (shrink)

The History of the Peloponnesian War of Thucydides is usually seen as an archetypal statement of power politics. Thucydides is regarded as a political realist who asserts that the pursuit of moral principles does not enter the world of international affairs. The article shows that, on the contrary, we find in Thucydides' work a complex theory. He supports neither extreme realism, in which morality is denied, nor utopian idealism which overlooks the aspect of power in international relations. He (...) is profoundly interested in ethical issues in domestic and international politics. One can see in the History the first example of realist-idealist debate and its conclusions are still valid for us. (shrink)

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a (...) bad international legal principle, but also a bad principle of global justice. (shrink)

Bills payment centers (bayad centers) are the industry’s trailblazers and pioneers in the over-the-counter bill payment processing sector in the Philippines. However, scammers lure victims into making money to phony bills payment center (bayad center) accounts rather than paying bills at approved outlets. It is undeniable that this occurrence has had a substantial connection with their financial success. The major goal of this study was to explore the elements that had an association with financial performance of bills payment centers (bayad (...) centers) in order to prevent the sector from falling. A descriptive-correlational research approach was employed in this study. The research was carried out in San Jose, Occidental Mindoro. The 55 employees of the 22 registered bills payment centers (bayad centers) in San Jose, Occidental Mindoro were the study’s respondents. They were chosen using the systematic random sampling. The weighted mean was employed in the study of internal control system and financial performance. The Pearson r Correlation Coefficient (Pearson’s r) was also performed in this study to determine the relationship between the internal control system and financial performance. The findings of this study revealed that there was a significant positive relationship between internal control system and financial performance of bills payment centers (bayad centers) in San Jose, Occidental Mindoro. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

In the discipline of international relations there are contending general theories or theoretical perspectives. Realism, also known as political realism, is a view of international politics that stresses its competitive and conflictual side. It is usually contrasted with idealism or liberalism, which tends to emphasize cooperation. Realists consider the principal actors in the international arena to be states, which are concerned with their own security, act in pursuit of their own national interests, and struggle for power. The (...) negative side of the realists’ emphasis on power and selfinterest is often their skepticism regarding the relevance of ethical norms to relations among states. National politics is the realm of authority and law, whereas international politics, they sometimes claim, is a sphere without justice, characterized by active or potential conflict among states. Not all realists, however, deny the presence of ethics in international relations. The article presents a comprehensive picture of political realism. -/- Korab-Karpowicz, W. Julian, "Political Realism in International Relations", The Stanford Encyclopedia of Philosophy (Summer 2018 Edition), Edward N. Zalta (ed.). (shrink)