Ugledni mislitelji hermeneutičke filozofije Wilhelm Dilthey i Hans-Georg Gadamer okarakterizirali su Matiju Vlačića Ilirika kao klasika hermeneutičkog pristupa filozofiji. Taj sud dodatno dobiva na snazi jer su Dilthey i Gadamer okarakterizirani kao pristaše relativističke hermeneutike, dok je Vlačić inzistirao na adekvatnom razumijevanju i interpretiranju teksta. Uzevši u obzir da je za Vlačića ključno pravilo bilo da tekst treba tumačiti sukladno njegovu imanentnom smislu, razradio je dvije interpretacijske maksime, skop i hermeneutički krug, presudne za daljnji razvoj i konstituiranje hermeneutike kao metode (...) razumijevanja, dok ga se po našemu sudu istodobno može smatrati i anticipatorom načela blagonaklonosti. Za objašnjenje složenog hermeneutičkog odnosa cjeline i dijelova teksta, Vlačić je kombinirao induktivno-sintetičku i deduktivnu metodu. Taj odnos predstavlja zahtjevan proces provedbe hermeneutičkog kruga u kojem je na djelu primjena modela koherentnosti istine u heurističkom postupku razumijevanja. Drugim riječima, radi se o postupnoj rekonstrukciji smisla teksta. Tijekom tog eksplanativnoga procesa postaje razvidno da je značenje pojedinih dijelova i manjih tematskih cjelina razumljivo tek iz strukture i kompozicije cjeline teksta i da postupna induktivno-sintetička rekonstrukcija smisla teksta pretpostavlja primjenu deduktivne analize. Nadalje, u heurističkom procesu iščitavanja teksta nužno je provjeriti kako se konzistentnost pojedinih odlomaka i cjelina teksta koherentno uklapa u širu cjelinu, a interpretacijske maksime, skop i hermeneutički krug, pritom se ispostavljaju kao pouzdan organon u heurističkom procesu razumijevanja i objašnjenja teksta. U tom kontekstu je Vlačićev hermeneutički zahtjev za adekvatnom rekonstrukcijom smisla usporediv s načelom blagonaklonosti kako ga razumijeva Donald Davidson, postavljajući ga kao jedan od osnovnih pojmova svoje filozofije. Naime, Vlačić polazi od pretpostavke razložnosti govora i argumentacije, što podrazumijeva mogućnost hermeneutičke rekonstrukcije teksta i njegovog adekvatnog razumijevanja. Davidson je također, pomoću teorije triangulacije, pokušao pokazati kako objektivni svijet u jeziku komunikacije postaje intersubjektivni svijet razumijevanja i uvažavanja, čime zapravo želi pokazati da je naše razumijevanje izvanjskog svijeta uvjetovano zajedničkim sustavom znanja i modelom komuniciranja koji nikada ne može imati individualistička obilježja jer, jednostavno, participiramo u zajedničkom svijetu. Davidsonov koncept triangulacije na novi način je obilježio model hermeneutičke čestitosti koji je već zagovarao predstavnik prosvjetiteljske hermeneutike Georg Friedrich Meier. S obzirom na to da se problem antirealističkog pristupa ne može riješiti pozivanjem na kruti hermeneutički realizam ili objektivizam, ono što tekstom želimo pokazati jest da bi hermeneutiku, za razliku od npr. Rortyja, trebalo shvatiti kao interpretacijski konsenzus struke koji je uspostavljen u okvirima akademske zajednice. To je u skladu sa stavovima Paula Lorenzena, koje je u, pogledu akademskog konsenzusa s obzirom na interpretativnost, slijedio i Jürgen Habermas u izradi svoje teorije komunikativnog djelovanja. (shrink)

Alvin Plantinga (1993a, 1993b, 2000) argues that de jure objections to theism depend on de facto objections: in order to say that belief in God is not warranted, one should first assume that this belief is false. Assuming Plantinga’s epistemology and his de facto/de jure distinction, In this essay, I argue that to show that belief in miracles is not warranted, one must suppose that belief in miracles is always false. Therefore, a person who holds a skeptical position (...) regarding miracles must choose either to find evidence that all of the supposed miracles are false, or admit that one is assuming an areligious commitment as a starting point. (shrink)

The rigid designation of proper names and natural kind terms is the most well-known doctrine of Kripke’s Naming and Necessity (1981). On the basis of rigidity, Kripke has shown that proper names and natural kind terms do not refer via a description as argued by descriptivists. In response to Kripke several people have argued that all general terms could be interpreted rigidly, which would make the notion of rigidity trivial. This leads to the ‘rigidity problem’: the notion of rigidity cannot (...) be used to argue against descriptivism anymore. I will show that the rigidity problem appears on a larger scale: firstly, because it appears independently of the trivialisation problem, secondly, because it appears for descriptions acting like singular terms as well. I will argue, however, that proper names and natural kind terms differ in an important manner from rigid descriptions. While the first are de jure rigid, the latter are de facto rigid. I will show that the rigidity problem indeed appears for de facto rigidity, but not for de jure rigidity, with the result that Kripke’s argument against descriptivism can withstand. (shrink)

Piracy seems to be a notion of ages ago yet it is far from gone. News reports over the last couple of years show that pirates are far from extinct and that they are still very active. This may seem a paradox with today’s modern technology and society, however, as will be described later on, the variable of technology can work both ways. This paper discusses some of the most actual items on the news today regarding piracy and international law, (...) a complex issue. (shrink)

De facto objections to theism purport to show that theism is false, whereas de jure objections to theism claim that, whether or not theism is true, belief in God is irrational. Divine hiddenness – the fact that there are people who non-resistantly lack belief in God – is sometimes used as an argument against theism. In this article I will show that accepting the argument from divine hiddenness carries a high cost: it eliminates all de jure objections to (...) theism. So atheists can either have de jure objections to theism or the objection from divine hiddenness, but they cannot have both. (shrink)

Recently, Erik Baldwin and Tyler McNabb have brought Madhva's epistemological framework into active dialogue with Alvin Plantinga's religious epistemology and have argued that individuals within Madhva's tradition cannot make full use of Plantinga's epistemology, according to which, Christian belief resists de jure objections and can also have warrant. While I do not contest this specific claim, I demonstrate that an analysis of Madhva's epistemological framework reveals that this framework has its own resources through which it can resist de (...) class='Hi'>jure objections. I address various objections to the rationality of Mādhvic belief and conclude that there are no de jure objections to Mādhvic belief that are independent of de facto objections. (shrink)

A common view among nontheists combines the de jure objection that theism is epistemically unacceptable with agnosticism about the de facto objection that theism is false. Following Plantinga, we can call this a “proper” de jure objection—a de jure objection that does not depend on any de facto objection. In his Warranted Christian Belief, Plantinga has produced a general argument against all proper de jure objections. Here I first show that this argument is logically fallacious (it (...) makes subtle probabilistic fallacies disguised by scope ambiguities), and proceed to lay the groundwork for the construction of actual proper de jure objections. (shrink)

Sometimes two expressions in a discourse can be about the same thing in a way that makes that very fact evident to the participants. Consider, for example, 'he' and 'John' in 'John went to the store and he bought some milk'. Let us call this 'de jure' coreference. Other times, coreference is 'de facto' as with 'Mark Twain' and 'Samuel Clemens' in a sincere use of 'Mark Twain is not Samuel Clemens'. Here, agents can understand the speech without knowing (...) that the names refer to the same person. After surveying many available linguistic and pragmatic tools (intentions to corefer, presuppositions, meanings, indexing, discourse referents, binding etc.) I conclude that we must posit a new semantic primitive to account for de jure coreference. (shrink)

“De jure naturae multa fabulamur” — after 450 years, Luther's statement has lost none of its original validity. After a brief pseudo-renaissance following WWII, one now hears far less in legal theory about natural law, which appears finally to have fallen victim to what Weber early in the century characterized as “a progressive decomposition and relativization of all meta-legal axioms” — a destruction resulting partly “from legal rationalism itself,” and partly “from the skepticism which characterizes modern intellectual life generally.” (...) Law today, wrote Weber, “is all too tangibly (in the great majority of its determinations, and especially in many which are particularly important in terms of principle) revealed to be both the product and the technical medium of a compromise of interests,”. (shrink)

Neuroscience has studied deductive reasoning over the last 20 years under the assumption that deductive inferences are not only de jure but also de facto distinct from other forms of inference. The objective of this research is to verify if logically valid deductions leave any cerebral electrical trait that is distinct from the trait left by non-valid deductions. 23 subjects with an average age of 20.35 years were registered with MEG and placed into a two conditions paradigm (100 trials (...) for each condition) which each presented the exact same relational complexity (same variables and content) but had distinct logical complexity. Both conditions show the same electromagnetic components (P3, N4) in the early temporal window (250–525 ms) and P6 in the late temporal window (500–775 ms). The significant activity in both valid and invalid conditions is found in sensors from medial prefrontal regions, probably corresponding to the ACC or to the medial prefrontal cortex. The amplitude and intensity of valid deductions is significantly lower in both temporal windows (p = 0.0003). The reaction time was 54.37% slower in the valid condition. Validity leaves a minimal but measurable hypoactive electrical trait in brain processing. The minor electrical demand is attributable to the recursive and automatable character of valid deductions, suggesting a physical indicator of computational deductive properties. It is hypothesized that all valid deductions are recursive and hypoactive. (shrink)

To highlight the promise of Jordan Pascoe’s Kant’s Theory of Labour, my comments concern the diagnostic and prescriptive dimensions of the book’s excellent intersectional critique of dependent labour relations. The diagnostic dimension of Pascoe’s critique establishes that the organisation of dependent labour relations is a neglected problem of Kantian justice. The prescriptive dimension offers solutions to this problem but is underdeveloped. To enhance the book’s prescriptive dimension, I draw on the noted Africana philosopher W. E. B. Du Bois for guidance. (...) For Du Bois, a constitutional republic ought to strive for the abolition of a ‘second’ slavery following the abolition of de jure black chattel slavery with the end of the American Civil War. Given Du Bois’ call for meaningful Emancipation, I argue that philosophers should reinterpret the Kantian normative ideal of freedom as universal independence to uproot the postbellum conditions of second slavery. (shrink)

On the traditional relationalist conception of singular thought, a thought has singular content when it is based on an ‘information relation’ to its object. Recent work rejects relationalism and suggests singular thoughts are distinguished from descriptive thoughts by their inferential role: only thoughts with singular content can be employed in ‘direct’ inferences, or inferences that ‘trade on identity’. Firstly this view is insufficiently clear, because it conflates two distinct ideas—one about a kind of inference, the other a kind of process (...) that grounds inferences—under the title, ‘trading on identity’. Secondly, this leaves us without a notion that can be used as an alternative to relationalism about singular thought. The first notion is no more applicable to singular than to descriptive thought. The second may help us better understand singular thought, but does so, not by replacing the view that singular thoughts are information-based, but by helping us understand the nature of information-based thought. (shrink)

This essay reviews the recently released Handbook of Philosophy of Management, using it as a jumping off point to explore some potential confusions in contemporary philosophy of management. The handbook itself, comprising 58 articles and some 1,000 pages, is a milestone for the field. At the same time, it brings a few problems into sharp relief. I argue for more clarity about the distinction between the philosophy of management and the philosophy of management research. I make the case that logic (...) as a de facto method for conducting inquiry may or may not be useful, while logic as a de jure standard for evaluating its conclusions is indispensable. I develop the view that neither management nor management studies is properly considered a science, or even an applied science. I contend that the seminal contributions of Alasdair MacIntyre are unjustly neglected by the field. And I advance the thesis that perhaps the leading issue for the philosophy of management today is the question of the purpose of management, pointing in some suggested directions for answering the question. (shrink)

In the fourteenth plateau of A Thousand Plateaus, Deleuze and Guattari develop a dichotomy between two kinds of space – the smooth and the striated. What I want to focus on in this chapter is the status of these two conceptions of space. As Deleuze and Guattari note, these two forms of space are only discovered in a mixed form, yet are capable of being analysed de jure through their separation. In this sense, the plateau on the smooth and (...) striated can be seen as something like a transcendental deduction of their ontology of spaces. I will explore what Deleuze and Guattari mean when they say that they want to construct a theo-noology of smooth and striated spaces. I want to look at the ethical implications of this distinction, before looking at some alternative approaches to the issue of space. It should be noted that the question of the striation of space is one that is shared by Bergson, Heidegger, Merleau-Ponty and Sartre among others. The novelty of Deleuze and Guattari’s account is in their formulation of the notion of smooth space as a response. I will begin by looking at the notion of striated space itself, and in particular will explore the degree to which we should see it as a structure or as a method, and the interrelation between these two characterisations. (shrink)

(Introduction) The question of heterogeneity does not appear at first glance to be a genuinely phenomenological problem and not even a problem in general. It seems to go without saying that there is “coupling” (Paarung), association, fusion, synthesis or in general any form connection between different data of consciousness, all as it seems obvious (at least from Husserl) that there must be objectities so that we can talk about knowledge and truth. After Kant we got so used to synthetic formations (...) that we hardly think of their possibilities in principle and the problems that these are called upon to resolve. Phenomenology does nothing else but describing the synthetic process, starting with its most elementary (pre-reflective) levels, aiming thus to completely elucidate the constitution of the objectity and, by that, the functioning and the rights of reason. Now, such elucidation does not only involve an approach aimed at the how, but also, the why of this process. In other words, our attention and our theoretical interest must be directed not only towards the course of the constitutive synthesis, but also on what motivates her intrinsically. Questions like "why should he be there in general an objectity? " or "is it principally possible to associate in one form or another data belonging to to the same class or to different classes? ”, questions which are de jure and which therefore refer rather to the legality of the constitution than its more or less contingent functioning, cannot in any way be excluded from the scope of the phenomenological questioning. As much as the epistemological ideal of phenomenological description required above all that it avoid any form of abstraction and idealization, this class of questions is, if not excluded, at least left in shadow. (shrink)

A paradigmatic case of rigidity for singular terms is that of proper names. And it would seem that a paradigmatic case of rigidity for general terms is that of natural kind terms. However, many philosophers think that rigidity cannot be extended from singular terms to general terms. The reason for this is that rigidity appears to become trivial when such terms are considered: natural kind terms come out as rigid, but so do all other general terms, and in particular all (...) descriptive general terms. This paper offers an account of rigidity for natural kind terms which does not trivialise in this way. On this account, natural kind terms are de jure obstinately rigid designators and other general terms, such as descriptive general terms, are not. (shrink)

This essay is a critical notice of David Dyzenhaus's book, The Long Arc of Legality. I argue that Dyzenhaus’s criterion for distinguishing legal pathologies that undermine law's contractarian claim to legitimacy and political pathologies that do not is unsustainable. It relies on a categorical distinction between the threat to law's legitimacy posed by treating some subjects as de jure second-class citizens, whose formal legal status is compromised, and other threats to political legitimacy grounded in the treatment of some subjects (...) as de facto second-class citizens, who retain full formal legal equality but suffer from thoroughgoing substantive subordination. But some forms of de facto second-class citizenship are a greater threat to contractarian legitimacy than some forms of full formal equality. So formal equality for subjects and legal legitimacy come apart. I consider and respond to several responses on Dyzenhaus's behalf, and conclude by proposing a version of his jurisprudential theory that relaxes this distinction. (shrink)

The purpose of this introduction is two-fold. First, it is to provide readers unfamiliar with the debates on practice-dependence with the insight necessary to fully comprehend the different contributions to this volume. Second, it is to make readers already well versed in practice-dependence more sensible to the substantive nature of this view and to provide them with a workable typology. After establishing a first distinction between metaphysical, relational and practice-dependent conceptions of justice, I draw a line, among practice-dependent views, between (...) institutionalism and cultural conventionalism. I complete the typology by differentiating between three forms of institutionalism according to how they regard the institutional fact, namely the fact that individuals are always already placed in a state of submission to existing institutions. Whereas de facto institutionalism describes this fact as a mere factual reality which imposes itself upon human beings, de jure institutionalism regards it as a practical necessity that stands in need of justification to each and every individual. Finally, moral institutionalism accounts for the institutional fact in terms of moral duty , namely the duty to contribute to the emergence of a state of affairs in which everyone’s freedom of choice is respected. (shrink)

Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those (...) serving time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

FRANCIS SUÁREZ’S VIEWS ON THE RELATION BETWEEN THE ABSOLUTE POWER OF GOD AND THE NATURAL LAW The article presents Francis Suárez’s views concerning the problem of the possibility of granting dispensation from the natural law by the absolute power of God. Suárez’s opinions on this matter were shown in his comprehensive work on the philosophy of law: De legibus ac Deo legislatore, in Book II De lege aeterna, naturali, et jure gentium, chapter XV entitled Utrum Deus dispensare possit in (...) lege naturali etiam de absoluta potestate. Analyzing the notion of natural law Suárez accepts the Thomistic formula, according to which, the created world is a collection of things with invariable natures. These natures require us to fulfil certain moral obligations and to act in a proper manner. And for this reason, natural law, included in the Decalogue, is invariable and even God is not able to grant its dispensation. The commandments involve an intrinsic principle of justice and obligation and for this reason they are not liable to dispensation. God cannot act contrary to His own nature and His being just, so He would not order people to do something intrinsically unjust. Doctor Eximius justifies moral norms expressed in the Decalogue axiologically, not in a voluntaristic way, by referring to God’s will alone. Suárez criticises both strong theological voluntarism, attributed to Ockham, as well as weak theological voluntarism, attributed to John Duns Scotus. Keywords: FRANCIS SUÁREZ, ABSOLUTE POWER OF GOD, NATURAL LAW. (shrink)

Mimesis can refer to imitation, emulation, representation, or reenactment - and it is a concept that links together many aspects of ancient Greek Culture. The Western Greek bell-krater on the cover, for example, is painted with a scene from a phlyax play with performers imitating mythical characters drawn from poetry, which also represent collective cultural beliefs and practices. One figure is shown playing a flute, the music from which might imitate nature, or represent deeper truths of the cosmos based upon (...) Pythagorean views (which were widespread in Western Greece at the time). The idea that mimesis should be restricted to ideals was made famous by Plato (whose connections to Pythagoreanism and Siracusa are well-known), and famously challenged by his student Aristotle (not to mention by the mimetic character of Plato’s own poetry). This volume gathers essays not only on the philosophical debate about mimesis, but also on its use in architecture, drama, poetry, history, music, ritual, and visual art. The emphasis is on examples from Hellenic cities in Southern Italy and Sicily, but the insights apply far beyond – even to modern times. Contributors include: Thomas Noble Howe, Francisco J. Gonzalez, Gene Fendt, Guilherme Domingues da Motta, Jeremy DeLong, Carolina Araújo, Marie-Élise Zovko, Lidia Palumbo, Sean Driscoll, Konstantinos Gkaleas, Anna Motta, Jure Zovko, Alexander H. Zistakis, Christos C. Evangeliou, Dorota Tymura, Iris Sulimani, Elliott Domagola, Jonah Radding, Giulia Corrente, Laura Tisi, Ewa Osek, Argyri G. Karanasiou, Rocío Manuela Cuadra Rubio, Jorge Tomás García, Aura Piccioni, and José Miguel Puebla Morón. (shrink)

One main kind of etiological challenge to the well-foundedness of someone’s belief is the consideration that if you had a different education/upbringing, you would very likely accept different beliefs than you actually do. Although a person’s religious identity and attendant religious beliefs are usually the ones singled out as targets of such “contingency” or “epistemic location” arguments, it is clear that a person’s place and time has a conditioning effect in all domains of controversial views, and over all of what (...) in the epistemology of disagreement are termed our nurtured beliefs. Still, given the absolutism that has often attended religious truth claims, together with the great contrariety of teachings based upon purported divine revelation, arguments from contingency have often been presented as having special force against religious ‘enthusiasts.’ Chapter Two argues that if we are to explicate the force of problems of religious luck, we need to think more carefully about the scope and force of skeptical arguments of this general type. Contingency problems are not often considered serious objections to faith, since there are narrative theological explanations about differences between “home” and “alien” religious traditions, which any adherent of a particular tradition might appeal to. But what I term the New Problem tries to present a qualified and re-focused set of concerns, rather than a sweeping sort of skepticism. First, I carefully delimit the scope of the de jure challenge which the contingency and insensitivity of belief suggests. In general terms, a de jure challenge implicates dereliction of epistemic duty, intellectual viciousness, or some other sense of epistemic unacceptability to some target class of religious belief, narrow or broad (Plantinga 1995). Next, I redirect that challenge through a new thought experiment aimed at clarifying how the mind-set of religious exclusivism is enabled only through counter-inductive or “pattern-breaking” thinking. Much more focused than any overbroad argument from continency, the New Problem of religious luck is presented as a strong de jure challenge to the reasonableness of religious exclusivist a) conceptions of faith and b) responses to religious multiplicity. (shrink)

Alvin Plantinga’s religious epistemology has been used to respond to many debunking arguments against theistic belief. However, critics have claimed that Plantinga’s religious epistemology conflicts with skeptical theism, a view often used in response to the problem of evil. If they are correct, then a common way of responding to debunking arguments conflicts with a common way of responding to the problem of evil. In this paper, I examine the critics’ claims and argue that they are right. I then present (...) two revised versions of Plantinga’s argument for his religious epistemology. I call the first a 'religion-based argument' and the second an 'intention-based argument'. Both are compatible with skeptical theism, and both can be used to respond to debunking arguments. They apply only to theistic beliefs of actual persons who have what I call 'doxastically valuable relationships' with God – valuable relationships the goods of which entail the belief that God exists. (shrink)

Coordination is the presumption that distinct representations have the same referential content. Philosophers have discussed ways in which the presence of coordination might bear on the metasemantic determination of content. One test case for exploring the relationship between coordination and content is the phenomenon of conflation — the situation in which representations are about distinct things but are nevertheless coordinated. In this paper, I use observations about conflation to develop an anaphoric metasemantics for some representations in which coordination plays an (...) integral role. I also develop some novel remarks on the problem of misrepresentation. (shrink)

The Habermas–Foucault debate, despite the excellent commentary it has generated, has the standing of an ‘unfinished project’ precisely because it occasions the interrogation of the fundamental categories of modernity, and because the lingering sense of anxiety, which continues to remain after arguments and counter-arguments, demands new interpretations. Here, I advance the claim that what gives Habermas’s criticisms of Foucault’s histories and theoretical formulations their bite is the categorial distinction he maintains between facts and rights, and by extension, between causes and (...) reasons. The Kantian distinction between de jure validity and de facto effectivity underwrites the categorial distinction between both ‘norms/facts’ and ‘reasons/causes’ conceptual pairs, which distinction, in turn, is reinforced by a picture of the natural world as matter in motion and human agency as self-determination. I want to claim that Foucault’s work enacts a critique of Habermas not by evading the problem of justification but by undermining the very distinctions Habermas needs to maintain the universal and necessary status of communicative rationality. Drawing on Jonathan Lear’s discussion of reasons and causes in relation to the unconscious, I claim that psychoanalytic discourse helps us make intelligible a type of reflection—such as one finds in Foucault’s historiography—that is at once “critical and empirical.” Moreover, the realization that the distinction between causes and reasons may not be categorial and exhaustive shows how Habermas’s insistence on the contrary leads to one particular kind of misrecognition of our practices. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

The principal question addressed is whether there is a division among common nouns which is similar to a familiar division among noun phrases that designate particular-level individuals: the one which is captured in the relevant literature as the difference between de jure rigid and not de jure rigid singular terms. In relation with the previous philosophical literature relevant to noun rigidity it is argued that the extant positions on the matter are not defended on the basis of well-founded (...) syntactic categories and proper semantic arguments. Proper ways to argue for rigidity ascriptions to nouns are described. Then, such arguments are sought for the case of rigid/non-rigid division among count common nouns. It is shown that there are plausible, albeit inconclusive, reasons to hold that among common nouns (N-bar expressions) only simple common nouns are kind designators, and that if that is the case these simple common nouns will have to be reckoned as de jure rigid designators. (shrink)

Abstract: For the last two decades, land and land-related problems are more complicated ever before. Especially the proliferation of large-scale rural land investments and the vulnerability of the local communities in land abundant developing countries instigated researchers, human right activists, and international and regional organizations to proposed governance guidelines, principles, and codes of conduct for large-scale land investments. To identify policy flaws on the protection of local community rights under the governance process of large-scale rural land investment in Amhara National (...) Regional State Ethiopia the commonalities of those international and regional accepted governance guiding lines and principles are taken as a point of reference to examine the land governance policies of the region through the approach of document analysis. The result shows all legislation with regard to the governance of large-scale rural land investment is flawed throughout the land policy reform processes and identified five ways in which the de jure land-related rights of the local communities are compromised and exacerbated the vulnerability of their livelihoods. (shrink)

This dissertation is composed of three essays which examine the impact of financial integration and trade liberalization. Chapter I investigates the effect of financial openness on labor share of income by using four measures of the labor share of income: one unadjusted and three adjusted measures of income share which account for earnings from the self-employed workers. The author also uses both measures of capital account openness: de jure and de facto indicators. The empirical work is applied for a (...) panel dataset of 30 countries during the period of 1970 – 2013. Despite using different measurement methods of the labor share of income and financial openness, the results from all specifications support the hypothesis that financial integration leads to a decline in the labor share of income for the all countries sample. (shrink)

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. And it (...) is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

Philosophy is a cognitive enterprise. In multiple senses, it is continuous with other sciences (including natural sciences, social sciences, and Humanities). (1) As far as its subject matter is concerned, like other sciences, philosophy is also a part of the overall efforts of human beings to understand the world in which we live. (2) In terms of their methodologies, there is no substantive difference between philosophy, common sense, and science. Just as scientific methodology is the refinement of common-sense methodology, philosophical (...) methodology is also the refinement and summary of common sense and scientific methodologies. (3) In terms of their utilities, philosophy and science are both designed to help people live better in the world, and to lead a decent and dignified life, especially a meaningful and valuable life. (4) It is the correct attitude and practice of dealing with the relationship between philosophy and the history of philosophy to study and enter philosophy through the history of philosophy, to critically reflect on the previous philosophical theories, to open up new fields, to use new methods, and to put forward new theories to develop philosophy. (5) The following two assertions about philosophy and science are just taken for granted, and specious: science relies on observation and experiment, and philosophy resorts to interpretation and understanding, while science focuses on "what is" and philosophy focuses on "what it should be". (shrink)