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)

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)

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)

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)

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)

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)

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)

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)

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 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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

Private schools are working tirelessly to provide a quality education without support from the government. This article aims to evaluate the internal and external job stress of high school teachers in private schools in Leyte, Philippines, and determine its governing factors. The study involved a complete enumeration process in selecting the participants and gathering primary data. In analyzing and extracting relevant information from the data, standard descriptive metrics, correlation analysis, and Chi-square test for independence were employed with the aid of (...) statistical software. The findings of the study depicted that private teachers are both internally and externally moderately stressful in their jobs. The Chi-square test revealed that employment status and years in service are associated with the private teachers’ internal job stress and it is significant at a 10% level. In addition, it is depicted that gender, monthly salary, and years in service are significantly dependent on the teachers’ external job stress at a 10% level. Conclusively, the school heads and management of private schools must lessen the work assignments to avoid exhaustion and increase benefits to improve the well-being of teachers. Moreover, it is suggested that teachers in private schools must be provided with training and seminars, incentives, supplies for teaching, and other benefits that improve their productivity and become globally competitive educators. (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)

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)

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)

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)

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)

I argue that the concept of representation is ambiguous: a picture of 'a man', when there is no actual man that it depicts, both does, in one sense, and does not, in another sense, represent 'a man'--hence the need for a distinction of internal from external representation. Internal representation is also defended from reductive, non-referential alternative views, and from 'prosthesis' views of picturing, according to which seeing a picture of an actual man just is seeing through the picture to that (...) actual man himself. The view also provides a strong foundation for a theory of reference to fictional entities. (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)

In this article, we present a new conception of internal relations between quantity tropes falling under determinates and determinables. We begin by providing a novel characterization of the necessary relations between these tropes as basic internal relations. The core ideas here are that the existence of the relata is sufficient for their being internally related, and that their being related does not require the existence of any specific entities distinct from the relata. We argue that quantity tropes are, as determinate (...) particular natures, internally related by certain relations of proportion and order. By being determined by the nature of tropes, the relations of proportion and order remain invariant in conventional choice of unit for any quantity and give rise to natural divisions among tropes. As a consequence, tropes fall under distinct determinables and determinates. Our conception provides an accurate account of quantitative distances between tropes but avoids commitment to determinable universals. In this important respect, it compares favorably with the standard conception taking exact similarity and quantitative distances as primitive internal relations. Moreover, we argue for the superiority of our approach in comparison with two additional recent accounts of the similarity of quantity tropes. (shrink)

The aim of this paper is to generalize a pair of concepts that are widely used in the history of science, in art history and in historical linguistics – the concept of internal and external history – and to replace the often very vague talk of ‘historical narratives’ with this conceptual framework of internal versus external history. I argue that this way of framing the problem allows us to see the possible alternatives more clearly – as a limited number of (...) possible relations between internal and external history. Finally, I argue that while external history is metaphysically prior to internal history, when it comes to historical explanations, we need both. (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)

Are the workings of the international world to be explained scientifically, or are they to be understood through their inward meaning? In Explaining and Understanding International Relations philosopher Martin Hollis and international relations scholar Steve Smith join forces to analyse the dominant theories of international relations and to examine the philosophical issues underlying them. The book has three parts. In the first the authors review the growth of the discipline since 1918, pose the 'level of analysis' (...) problem of whether to account for a sytem in terms of its units or vice versa, and contrast the demand of scientific method with those of interpretative understanding. In the second they apply the contrast to four factors often cited in accounting for international behaviour - the international system, the state, bureaucracies, and decision-making individuals. Rival accounts of the games nations play are offered in readiness for the final part, where the authors propose a theoretical agenda, air their differences, and invite readers to take sides. By tackling deep theoretical issues with lucidity and verve this book will excite debate among theorists and students of international relations while also engaging thought about the philosophical character of the social sciences. (shrink)

Technology could be used to improve morality but it could do so in different ways. Some technologies could augment and enhance moral behaviour externally by using external cues and signals to push and pull us towards morally appropriate behaviours. Other technologies could enhance moral behaviour internally by directly altering the way in which the brain captures and processes morally salient information or initiates moral action. The question is whether there is any reason to prefer one method over the other? In (...) this article, I argue that there is. Specifically, I argue that internal moral enhancement is likely to be preferable to external moral enhancement, when it comes to the legitimacy of political decision-making processes. In fact, I go further than this and argue that the increasingly dominant forms of external moral enhancement may already be posing a significant threat to political legitimacy, one that we should try to address. Consequently, research and development of internal moral enhancements should be prioritised as a political project. (shrink)

The incompleteness of set theory ZF C leads one to look for natural nonconservative extensions of ZF C in which one can prove statements independent of ZF C which appear to be “true”. One approach has been to add large cardinal axioms.Or, one can investigate second-order expansions like Kelley-Morse class theory, KM or Tarski-Grothendieck set theory T G or It is a nonconservative extension of ZF C and is obtained from other axiomatic set theories by the inclusion of Tarski’s axiom (...) which implies the existence of inaccessible cardinals. See also related set theory with a filter quantifier ZF (aa). In this paper we look at a set theory NC# ∞# , based on bivalent gyper infinitary logic with restricted Modus Ponens Rule In this paper we deal with set theory NC# ∞# based on bivalent gyper infinitary logic with Restricted Modus Ponens Rule. Nonconservative extensions of the canonical internal set theories IST and HST are proposed. (shrink)

In this paper, we locate a general rhetorical strategy employed in theoretical discourse wherein philosophers argue from the mere existence of internalized oppression to some kind of epistemic, moral, political, or cognitive deficiency of oppressed people. We argue that this strategy has harmful consequences for oppressed people, breaking down our analysis in terms of individual and structural harms within both epistemic and moral domains. These harms include attempting to undermine the self-trust of oppressed people, reinforcing unjust epistemic power hierarchies, undermining (...) the moral agency of oppressed people, and obscuring real issues of oppression. In light of these many harms, we conclude that there are pro tanto reasons not to employ this strategy, and instead offer a series of suggestions for those considering adopting such a rhetorical move. (shrink)

Many people in the developing world access essential health services either partially or primarily through programs run by international non-governmental organizations (INGOs). Given that such programs are typically designed and run by Westerners, and funded by Western countries and their citizens, it is not surprising that such programs are regarded by many as vehicles for Western cultural imperialism. In this chapter, I consider this phenomenon as it emerges in the context of development and humanitarian aid programs, particularly those delivering (...) medical treatment, nutrition and access to clean water. I argue that in order to avoid contributing to cultural imperialism, INGOs have a duty to ensure that they do not offer services in a way that requires their beneficiaries to choose between accessing essential health services and violating or otherwise undermining traditional norms and practices which have significance for their beneficiaries. Following Onora O'Neill, I argue that offers requiring such a choice are effectively “unrefuseable” and so coercive. INGOs therefore, must avoid making such offers, and can accomplish this by means of an iterated process of reciprocal negotiation under conditions of equality, in which both the INGOs’ and the beneficiaries’ deep values and concerns play a role. In essence, I claim that employing such a process is a requirement of procedural justice, given the non-ideal conditions in which INGOs must operate. (shrink)

Normative political philosophy always refers to a standard against which a society's institutions are judged. In the first, analytical part of the article, the different possible forms of normative criticism are examined according to whether the standards it appeals to are external or internal to the society in question. In the tradition of Socrates and Hegel, it is argued that reconstructing the kind of norms that are implicit in practices enables a critique that does not force the critic's particular views (...) on the addressee and can also be motivationally effective. In the second part of the article, Axel Honneth's theory of recognition is examined as a form of such reconstructive internal critique . It is argued that while the implicit norms of recognition made explicit in Honneth's philosophical anthropology help explain progressive social struggles as moral ones, his theory faces two challenges in justifying internal critique. The Priority Challenge asks for the reasons why the implicit norms of recognition should be taken as the standard against which other implicit and explicit norms are to be judged. The Application Challenge asks why a social group should, by its own lights, extend equal recognition to all its members and even non-members. The kind of functional, prudential, conceptual, and moral considerations that could serve to answer these challenges are sketched. (shrink)

There appear to be few ways available to improve the prospects for international cooperation to address the threat of global warming within the very short timeframe for action. I argue that the most effective and plausible way to break the ongoing pattern of delay in the international climate regime is for economically powerful states to take the lead domestically and demonstrate that economic welfare is compatible with rapidly decreasing GHG emissions. However, the costs and risks of acting first (...) can be very large. This raises the question of whether it is fair to expect some states to go far ahead of others in an effort to improve the conditions for cooperation. I argue that a costly obligation to act unilaterally and to accept weak initial reciprocity can be justified and does not violate standards of fair burden sharing. Rather, the costs of creating the underlying conditions within which we can hope to achieve meaningful international cooperation are non-­‐ideal burdens for which we can appropriately assign fair shares. (shrink)

NIH's fogarty international Center has provided grants for the development of training programs in international research ethics for low- and middle-income (LMIC) professionals since 2000. Drawing on 12 years of research ethics training experience, a group of Fogarty grantees, trainees, and other ethics experts sought to map the current capacity and need for research ethics in LMICs, analyze the lessons learned about teaching bioethics, and chart a way forward for research ethics training in a rapidly changing health research (...) landscape. This collection of papers is the result. (shrink)

In this paper I consider whether a powers ontology facilitates a reduction of causal relations to intrinsic powers of the causal relata. I first argue that there is a tension in the view that powerful causation is an internal relation in this sense. Powers are ontologically dependent on other powers for their individuation, but in that case—given an Aristotelian conception of properties as immanent universals—powers will not be intrinsic on several extant analyses of ‘intrinsic’, since to possess a given power (...) P requires the existence of other concrete particulars as bearers of the powers that individuate P. I suggest several ways for Aristotelians to resolve this tension, but all tenable options involve individuative type-level causal relations between powers. While these individuative relations between powers are internal in the sense that the powers are essentially related, this is a different sense of ‘ internal ’ to the one that entails reducibility. The proposed reduction of token-causal relations to powers succeeds only at the cost of irreducible type-level causal relations between the powers themselves. (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)

Sentimentalism comes in many varieties: explanatory sentimentalism, judgment sentimentalism, metaphysical sentimentalism, and epistemic sentimentalism. This encyclopedia entry gives an overview of the positions and main arguments pro and con.

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)