John Searle’s Speech Act Theory enumerates necessary and sufficient conditions for a non-defective act of promising in producing sincere promises. This paper seeks to demonstrate the conjunctive insufficiency of the foregoing conditions due to the inadequacy of the sincerity condition to guarantee predicated acts being fulfillable. Being the definitive condition which contains the psychological state distinct in promises as illocutionary acts, that is the expression of intention (S intends to A), I purport that not all sincere promises are non-defective. To (...) motivate this, I shall explicate Searle’s conception of full blown explicit promises as his basic qualification for the application of the above conditions, and set the line as to how explicit is ‘explicit’? As a response to this insufficiency, I shall propose a condition, as part and parcel of the Propositional Content Clause, that makes up Searle’s felicity conditions for promises, which requires explicitness of the form: “A is fulfillable if A is explicit in form”. A is explicit if and only if 1) A is literal in form, where A can have either 1 basic or multiple meanings, and 2) The meaning of A, whether basic or multiple, with respect to its context is directly stated in the sentence uttered. I call this the Discharge Condition. (shrink)

Socioeconomic status refers to the family's social and economic standing in society. It is measured by combining an individual or group's economic and social position, which is often based on income, education, and occupation. It significantly affects academic performance and even one's health status. The pandemic changed the educational system, causing a huge transition from traditional learning methods to online learning. This shift resulted in confusion, burden, and difficulty among students from different walks of life. This study was conducted to (...) determine the academic stress on online learning among nursing students in relation to their economic status and their ability to access technology. The study utilized a quantitative-correlational method aided by a standard questionnaire. Two hundred thirty-six University of Bohol nursing students enrolled in the second semester of SY 2021–2022 were included in the study by random selection. Data revealed a significant correlation between economic status and the level of stress related to academic expectations and a significant correlation between economic status and access to technology after being subjected to the Spearman rho test of correlation. However, no significant correlation was found between access to technology and the respondents' level of academic stress. (shrink)

Philip Kitcher’s The Ethical Project trios to vindicates ethics through an analysis of its evolutionary and cultural history, a history which in turn, he thinks, supports a particular conception of the role of moral thinking and normative practices in human social life. As Kitcher sees it, that role could hardly be more central: most of what makes human life human, and preferable to the fraught and impoverished societies of the great apes, depends on moral cognition. Prom this view of the (...) role of the ethical project as a social technology, Kitcher derives an account of moral progress and even moral truth: a normative analogue of the idea that truth is the convergence of rational enquiry. To Kitcher’s history, I present an anti-history. Most of what is good about human social life depends on the expansion of our social emotions, not on our capacities to articulate and internalise explicit norms. Indeed, since the Holocene and the origins of complex society, normative thought and normative institutions have been more prominent as tools of exploitation and oppression than as mechanisms of a social peace that balances individual desire with collective co-operation. I argue that the vindication project fails in its own terms: even given Kitcher’s distinctive pragmatic concept of vindication, history debunks rather than vindicates moral cognition. (shrink)

This paper defends the idea that phenomenological approaches to self-consciousness can enrich the current analytic philosophy of perception, by showing how phenomenological discussions of minimal self-consciousness can enhance our understanding of the phenomenology of conscious perceptual experiences. As a case study, I investigate the nature of the relationship between naïve realism, a contemporary Anglophone theory of perception, and experiential minimalism (or, the ‘minimal self’ view), a pre-reflective model of self-consciousness originated in the Phenomenological tradition. I argue that naïve realism is (...) not only compatible with, but can be supplemented with experiential minimalism in a novel way. The suggestion is that there are reasons to combine naïve realism and experiential minimalism. My focus here will be on drawing a connection between the notion of minimal self and two core theoretical commitments of naïve realism, relationalism and transparency. (shrink)

How can we have a sense of the presence of ordinary three-dimensional objects (e.g., an apple on my desk, a partially occluded cat behind a picket fence) when we are only presented with some parts of objects perceived from a particular egocentric viewpoint (e.g., the facing side of the apple, the unoccluded parts of the cat)? This paper presents and defends a novel answer to this question by incorporating insights from two prominent contemporary theories of perception, naïve realism and sensorimotor (...) theory. Naïve realism is the view that perception is fundamentally a matter of obtaining a relation of ‘acquaintance’ with some mind-independent entities (e.g., objects, properties, events). Sensorimotor theory holds that perception involves implicit practical understanding or ‘anticipation’ of the covariance between movements and sensory changes. I argue that perceptual presence is best accounted for in terms of the combination of our direct ‘acquaintance’ with some parts of perceived objects and sensorimotor ‘anticipations’ of how the objects would look different depending on some movements and actions. (shrink)

Drawing on the work of John Rawls and Thomas Pogge, I argue that the U.S. is in part responsible for the immigration of Mexicans and Central Americans into the U.S. By seeking to further its national interests through its foreign policies, the U.S. has created economic and politically oppressive conditions that Mexican and Central American people seek to escape. The significance of this project is to highlight the role of the U.S. in illegal immigration so that we may first acknowledge (...) our responsibility in order to seek lasting humane solutions. (shrink)

This thesis is about perceptual experience, its subjective character, and how it is essentially structured. It focuses specifically on how the nature of perception is shaped not only by our acquaintance with the world but also by the very structure of experience itself. My central claim is that perceptual consciousness incorporates different aspects, some of which constitute the very way in which experiences are organized, sustained, and structured. Over the course of this thesis, I develop and defend an original account (...) of the nature of perceptual experience by integrating naïve realism, a prominent contemporary Anglophone theory of perception, with insights and ideas from the Phenomenological tradition. In particular, I argue that there are fruitful grounds for combining naïve realism and a phenomenologically grounded account of the essential structural features of experience (‘minimal self’, ‘temporality’, ‘anticipation’). Naïve realism holds that perception is fundamentally a matter of being in direct contact with some mind-independent entities. Proponents of naïve realism often emphasize the ‘object-dependent’ nature of perception. The appeal to the structural features of experience offers us a promising way to delineate the oft-overlooked ‘subject-dependent’ nature of perception and capture the phenomenological richness of our conscious experiential life. This thesis offers a rich, phenomenologically informed account of the nature of perception which in turn places us in a better position to understand the nature of hallucination. The integration of naïve realism and the structural approach to consciousness I develop in this thesis yields a novel solution to the problem of hallucination: structural disjunctivism. According to this view, the ‘partially overlapping’ psychological nature of perception and hallucination is accounted for in terms of their structural similarities and differences. I seek to show how detailed analyses and reflections on the structures of perceptual experience pave the way to reconceive the phenomenological basis of naïve realism. (shrink)

Part of a book symposium for Peter Langland-Hassan's Explaining Imagination (2020).

Being robustly committed to state neutrality which does not permit the promotion of liberal-perfectionist ideals and denying that there is anything normatively relevant or ‘special’ about religion leaves liberal-egalitarians embroiled in a paradox. If religion is not special, how and why do liberal states afford it differential treatment (in comparison with non-religious analogues like secular doctrines or deeply-held beliefs of individual conscience)? This paper explores liberal-egalitarian strategies for resolving this paradox with predominant reference to the disaggregation strategy advanced by Cécile (...) Laborde. After discussing the novelty and advantages of disaggregation relative to other liberal-egalitarian strategies, the paper distinguishes between the coverage and the basis in justification of differential treatment to argue that disaggregation does not ultimately succeed in solving the latter. Despite this, reflecting on the clarifications achieved through disaggregation and the deeper issues of justification and justice emerging therefrom, the paper concludes by proposing the need to consider a lateral solution to the paradox and speculating on what this might look like. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

One of the best-known aspects of José Carlos Mariátegui’s philosophy is his concept of a revolutionary myth. What does this revolutionary myth entail, how and why did Mariátegui develop this idea? The following article situates Mariátegui’s thought in both the historical and intellectual context of the 1920’s in order to answer these questions. This is relevant because Mariátegui’s philosophy and his revolutionary myth have influenced several Latin American revolutionaries such as Ernesto Che Guevara and Sendero Luminoso (Shining Path). Mariátegui’s ideas (...) have thus changed the lives and history of Latin Americans and it is important that we neither demonize nor idolize Mariátegui’s intellectual work without first attempting to understand it. (shrink)

The paper sets forth an argument against Kim's distinction between levels and orders.

A chapter in an edited volume discussing philosophy and Ted Chiang's short stories. In this chapter, I show how philosophical debates about imaginative resistance and what can/can't be fictionally true influence our interpretation of "Division by Zero.".

I develop a new reading of Frege’s argument for the indefinability of truth. I concentrate on what Frege literally says in the passage that contains the argument. This literal reading of the passage establishes that the indefinability argument is an arguably sound argument to the following conclusion: provided that the Fregean conception of judgment—which has recently been countered by Hanks—is correct and that truth is a property of truth-bearers, a vicious infinite regress is produced. Given this vicious regress, Frege chooses (...) to reject that truth is a property of truth-bearers. Frege’s choice leads to a unique version of the Fregean conception of judgment. His unique conception of judgment can cope with Hanks’s recent criticisms against the Fregean conception. (shrink)

Subtractive schooling is a type of pedagogy that subtracts from the student aspects of her identity in order to assimilate and reshape her identity to fit the American mainstream. Here, I question the value of assimilation as it takes place in our public school systems. Currently, immigrant children are often made to feel inadequate for being culturally different. This is detrimental to their development as students given that at their young age they do not yet have the emotional maturity to (...) know that their experience, language and culture are legitimate and valuable. My goal is to shift the focus of subtractive schooling to one that fosters the growth of students through recognition. I suggest that John Dewey’s and Paulo Freire’s pedagogy of recognition is a helpful approach to this problem. Both Dewey and Freire’s pedagogy emphasize recognition as central to their pedagogy. (shrink)

In men and women sexual arousal culminates in orgasm, with female orgasm solely from sexual intercourse often regarded as a unique feature of human sexuality. However, orgasm from sexual intercourse occurs more reliably in men than in women, likely reflecting the different types of physical stimulation men and women require for orgasm. In men, orgasms are under strong selective pressure as orgasms are coupled with ejaculation and thus contribute to male reproductive success. By contrast, women's orgasms in intercourse are highly (...) variable and are under little selective pressure as they are not a reproductive necessity. The proximal mechanisms producing variability in women's orgasms are little understood. In 1924 Marie Bonaparte proposed that a shorter distance between a woman's clitoris and her urethral meatus (CUMD) increased her likelihood of experiencing orgasm in intercourse. She based this on her published data that were never statistically analyzed. In 1940 Landis and colleagues published similar data suggesting the same relationship, but these data too were never fully analyzed. We analyzed raw data from these two studies and found that both demonstrate a strong inverse relationship between CUMD and orgasm during intercourse. Unresolved is whether this increased likelihood of orgasm with shorter CUMD reflects increased penile–clitoral contact during sexual intercourse or increased penile stimulation of internal aspects of the clitoris. CUMD likely reflects prenatal androgen exposure, with higher androgen levels producing larger distances. Thus these results suggest that women exposed to lower levels of prenatal androgens are more likely to experience orgasm during sexual intercourse. . (shrink)

In the history of Chinese philosophy, Mozi calls music a “waste of resources,” considering it an aristocratic extravagance that does not benefit the everyday people. In its defense, Confucians highlight music’s moral and metaphysical qualities, arguing that music aids in moral cultivation and that music’s form mimics the structure of reality. The aim of this paper is to show that Korean philosophers provide yet another reason to think music is important. Music, and art in general, was used to express a (...) national identity at a time Korean philosophers were beginning to develop their own aesthetic consciousness in the seventeenth and eighteenth centuries. A cultural movement called Joseonpoong (조선풍), “Joseon wind”, marked a shift away from Sinocentrism and towards Korea’s own unique value and practices. The new attempt to justify art’s value apart from its relationship to morality or metaphysics set Joseon thinkers apart from their Chinese predecessors. Using art for identity expression allowed the Koreans to reconceive art’s value while Sinocentric cosmological and cultural views were being challenged with the introduction of western knowledge. Art also became a tool for reversing hermeneutic injustice as new artistic practices and standards allowed the Koreans to meaningfully engage with previously neglected aspects of their lived lives. (shrink)

Jaegwon Kim’s influential exclusion argument attempts to demonstrate the inconsistency of nonreductive materialism in the philosophy of mind. Kim’s argument begins by showing that the three main theses of nonreductive materialism, plus two additional considerations, lead to a specific and familiar picture of mental causation. The exclusion argument can succeed only if, as Kim claims, this picture is not one of genuine causal overdetermination. Accordingly, one can resist Kim’s conclusion by denying this claim, maintaining instead that the effects of the (...) mental are always causally overdetermined. I call this strategy the ‘ overdetermination challenge’. One of the main aims of this paper is to show that the overdetermination challenge is the most appropriate response to Kim’s exclusion argument, at least in its latest form. I argue that Kim fails to adequately respond to the overdetermination challenge, thus failing to prevent his opponents from reasonably maintaining that the effects of the mental are always causally overdetermined. Interestingly, this discussion reveals a curious dialectical feature of Kim’s latest response to the overdetermination challenge: if it succeeds, then a new, simpler and more compact version of the exclusion argument is available. While I argue against the consequent of this conditional, thereby also rejecting the antecedent, this dialectical feature should be of interest to philosophers on either side of this debate. (shrink)

_ Source: _Page Count 25 This is a pre-print. Please cite only the revised published version. This paper presents an original, ambitious, truth-directed transcendental argument for the existence of an ‘external world’. It begins with a double-headed starting-point: Stroud’s own remarks on the necessary conditions of language in general, and Hegel’s critique of the “fear of error.” The paper argues that the sceptical challenge requires a particular critical concept of thought as that which may diverge from reality, and that this (...) concept is possible only through reflection on situations of error, in which how things are thought to be diverges from how things really are with independent items in an objective world. The existence of such a world is therefore a necessary condition of the possibility of scepticism: such scepticism is therefore false. I defend the argument against objections from Stroud’s sceptic and others. Drawing on Heidegger, the paper concludes by indicating that the chain of necessary conditions includes practical engagement with the world. (shrink)

Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...

Common notions of comparative philosophy tend to be strongly configured by the East-West axis. This essay suggests ways of seeing Latin American liberation philosophy as a form of comparative philosophy and an important Latin American thinker as being relevant for East-West political philosophy. The essay focuses on the Peruvian activist and intellectual, José Mariátegui, who is widely regarded to have been a leading Marxist, liberatory, and decolonial figure in 20th century Latin America. Like many “Third World” intellectuals of the interwar (...) years, Mariátegui had an interest in decolonization struggles in Asia and wrote with some consistency on this subject and in ways that bear significantly upon key themes in his political theory. Since very little of this has received commentary, this essay begins a discussion of Mariátegui's decolonial experimentation with ideas about Asia, decolonization, and indigenous cultural forms, like those of the Incas and Confucians. After some preliminary discussion of Euro.. (shrink)

[Author's note: although this paper is written in Korean, it is archived here in the hope of bringing it to the attention of a wider audience including scholars of pragmatics and of Korean linguistics.] Recently, Korean linguists and philosophers of language have engaged in discussions on the meaning and usage of the Korean determiner ‘uri’ as in such phrases as ‘uri manura [our wife]’ which might seem strange given the monogamous marital institution of Korea. The aim of this paper is (...) to provide a new interpretation of such expressions as ‘uri manura’. To that end, various proposals concerning the meaning and usage of the determiner ‘uri’ in those expressions will be critically examined first. Then it will be argued that ‘uri manura’ is a polite form of ‘nae manura [my wife]’ and is used when one needs, or wants, to speak in a polite tone in deference to the hearer or the wider audience. The upshot will be that the ubiquitous use of ‘uri’ in Korean is not due to the collectivist nature of the Korean society, as has often been claimed, but rather results from the linguistic embodiment of the Confucian tradition in Korea that values courteous words and behavior. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

This article examines whether Nietzschean agonistic democracy theory can be a plausible alternative to Chantal Mouffe’s model. Agonistic democracy theory has Carl Schmitt or Nietzsche as its philosophical source. In the case of Mouffe, she constructed her model based on Schmitt. However, her Schmitt-based model is vulnerable to four criticisms. First, the distinction between ‘worthy opponents’ and ‘enemy’ is ambiguous. Second, it is inconsistent to simultaneously claim ‘the ontological fundamentality of antagonism’ and ‘agonism without antagonism.’ Third, her agonism can not (...) capture the pluralistic world, since it is trapped in the telos of self-preservation. Fourth, there are no theoretical factors to maintain her agonism, and there is no explanation for the degree of conflict that can sustain her model. Unlike Mouffe, Nietzschean like Connolly and Owen provides agonistic democracy theories based on Nietzsche. After analyzing and reconstructing Nietzsche’s text and Nietzschean’s discussions, I will argue that the Nietzschean model can overcome some thresholds of Mouffe’s model. (shrink)

Human behavior is frequently described both in abstract, general terms and in concrete, specific terms. We asked whether these two ways of framing equivalent behaviors shift the inferences people make about the biological and psychological bases of those behaviors. In five experiments, we manipulated whether behaviors are presented concretely (i.e. with reference to a specific person, instantiated in the particular context of that person’s life) or abstractly (i.e. with reference to a category of people or behaviors across generalized contexts). People (...) judged concretely framed behaviors to be less biologically based and, on some dimensions, more psychologically based than the same behaviors framed in the abstract. These findings held true for both mental disorders (Experiments 1 and 2) and everyday behaviors (Experiments 4 and 5) and yielded downstream consequences for the perceived efficacy of disorder treatments (Experiment 3). Implications for science educators, students of science, and members of the lay public are discussed. (shrink)

Bernard Williams’ Shame and Necessity (1993) was an influential early contribution to what has become a broader movement to rehabilitate shame as a moral emotion. But there is a tension in Williams’ discussion that presents an under-appreciated difficulty for efforts to rehabilitate shame. The tension arises between what Williams takes shame in its essence to be and what shame can do—the role that shame can be expected to play in ethical life. Williams can—and we argue, should—be read as avoiding the (...) difficulties stemming from this tension, but this requires a reevaluation of several of his central claims about shame’s role in ethical thought and experience. For instance, his broad claims that the “structures of shame” can “give a conception of one’s ethical identity” (93), and that shame “mediates … between ethical demands and the rest of life” (102), cannot be taken at face value. What emerges is a view that is in a sense less ambitious, but also more in tune with the spirit of Williams’ larger project. There may also, we suggest, be a more general lesson: We should be suspicious of the temptation to seek some special affinity between shame and ethical life, lest we distort our understanding of both. (shrink)

In “Normativity and Epistemic Intuitions”, Weinberg, Nichols and Stich famously argue from empirical data that East Asians and Westerners have different intuitions about Gettier -style cases. We attempted to replicate their study about the Car case, but failed to detect a cross - cultural difference. Our study used the same methods and case taken verbatim, but sampled an East Asian population 2.5 times greater than NEI’s 23 participants. We found no evidence supporting the existence of cross - cultural difference about (...) the intuition concerning the Gettier car case. Taken together with the failures of both of the existing replication studies, our results provide strong evidence that the purported cross - cultural difference in Gettier intuitions does not exist. (shrink)

S. C. Gibb holds that some mental events enable physical events to take place by acting as ‘double preventers’ which prevent other mental events from effecting change in the physical domain. She argues that this enables a dualist account of psychophysical interaction consistent with the causal relevance of mental events, their distinctness from physical events, the causal closure of the physical and the exclusion of systematic overdetermination. While accepting the causal powers metaphysic, this paper argues that: Closure is maintained only (...) on the assumption of an implausible pre-ordained harmony between preventing and double-preventing mental events. Distinctness is preserved only at the cost of positing brute unexplained powers of mental and physical events to causally interact with each other. Exclusion is systematically violated in a substantial number of everyday cases. The case for Relevance made by the Double Prevention model is accordingly too weak to sustain a dualist approach to mental causation. (shrink)

The world is occupied by many and varied things. What constitutes their thingness? In the Essay, Locke addresses this question in Book II, Chapter xxiii, titled ‘Of our Complex Ideas of Substance’, wherein the much-contested definition of ‘substratum’ appears—‘a supposed but unknown support of the Qualities’. Most significant in this definition are the dual qualifiers that Locke uses: ‘supposed’ and ‘unknown’. This paper examines this two-qualifier definition, illuminating the historical and philosophical significance it may have. There have been two rival (...) readings. The first takes Locke’s substratum to be a bare substratum; and the second identifies it with what Locke terms as ‘real essence’—i.e. ‘a real Constitution of the insensible Parts’. Critically reviewing these two major interpretations, I attribute to Locke a type of functionalism, according to which the status of a substratum is determined by its functional role of ‘uniting’ a bundle of qualities into an individual substance. (shrink)

This paper argues that the standard formulations of the question of how consciousness emerges, both synchronically and diachronically, from the physical world necessarily use a concept of the physical without either a clear grasp of the concept or an understanding of the necessary conditions of its possibility. This concept will be elucidated and some of the necessary conditions of its possibility explored, clarifying the place of the mental and the physical as abstractions from the totality of an agent engaged in (...) the life world. The notion of a disruption or breakdown in the agent’s normal engagements in the world will play a key role in the argument, which in turn provides a transcendental underpinning to recent enactive and embodied theories of mind by exploring some of the necessary conditions of being an agent in the world. (shrink)

WTO는 2005. 3. 7. EC 제소의 선박산업에 대한 보조금지급에 관한 한국과 EC 간의 通商紛爭에 관 하여 패널결정을 선고하였으며, 양국의 항소포기로 인하여 4. 12. 분쟁해결기구가 동 결정을 채택하고 그 이행에 관하여 감시하고 있다. 즉, WTO는 제소국인 EC가 대한민국의 수출입은행법 및 동법 시행 령, 동 법령에 근거한, 개별적 특혜조치, 대우, 한라, 대동 등 우리 나라 주요 조선기업에 대한 특혜적 구조조정이 WTO가 허용하지 않는 금지보조금 및 조치가능보조금에 해당한다고 주장하면서 대한민국 정부를 상대로 제소한 통상분쟁과 관련하여 대부분 EC의 주장을 배척하고 일부 개별적 거래가 WTO 의 (...) 보조금 및 상계조치에 관한 협정에 위반한다는 결정을 내린 것이다. 이에 따라 WTO는 피소국인 대한민국에게 지체없이 동 일부 특혜조치 등을 철회할 것을 권고하였고, 대한민국 정부는 이를 이행할 의무를 부담하게 되었다. -/- 본 사안을 통하여 WTO는 보조금 및 상계조치에 관한 해석론상의 많은 쟁점들에 관하여 法理的 견해 를 밝혔다. 첫째, 동일한 사실관계에 관하여 금지보조금과 조치가능보조금의 주장이 중첩적으로 가능하 고, 둘째, 전통적인 재량행위론, 즉 법령조항의 기속행위성 여부가 정부나 공공기관의 재정적 공여요건 의 충족 여부에 관한 판단의 기초를 제공하며, 셋째, 소위 SCM협정 예시목록의 법적 성격, 넷째, 재정 적 공여 요건과 특혜요건의 준별, 다섯째, 중대한 손상요건과 관련하여 보조금 해당요건과 국내 상계관 세부과조치의 준별, 여섯째, 보조금해당 여부의 판단에 있어 ‘ 동종물품요건’ 의 적용문제, 일곱째, 조치가 능보조금의 태양으로서 가격유지 및 왜곡된 가격인하의 개념 및 보조금요건충족과의 문제 등이 그것이 다. 본 논문은 우리의 주요 수출산업인 조선산업과 관련하여 이러한 쟁점들에 대한 WTO 결정의 의미 를 검토하였는바, 국제통상규범과 관련하여 향후의 무역분쟁에 대한 대비에 일조할 수 있었으면 한다. (shrink)

A non-relativistic quantum mechanical theory is proposed that describes the universe as a continuum of worlds whose mutual interference gives rise to quantum phenomena. A logical framework is introduced to properly deal with propositions about objects in a multiplicity of worlds. In this logical framework, the continuum of worlds is treated in analogy to the continuum of time points; both “time” and “world” are considered as mutually independent modes of existence. The theory combines elements of Bohmian mechanics and of Everett’s (...) many-worlds interpretation; it has a clear ontology and a set of precisely defined postulates from where the predictions of standard quantum mechanics can be derived. Probability as given by the Born rule emerges as a consequence of insufficient knowledge of observers about which world it is that they live in. The theory describes a continuum of worlds rather than a single world or a discrete set of worlds, so it is similar in spirit to many-worlds interpretations based on Everett’s approach, without being actually reducible to these. In particular, there is no splitting of worlds, which is a typical feature of Everett-type theories. Altogether, the theory explains (1) the subjective occurrence of probabilities, (2) their quantitative value as given by the Born rule, and (3) the apparently random “collapse of the wavefunction” caused by the measurement, while still being an objectively deterministic theory. (shrink)

This paper is a study on the factors affecting the changes of the political system of Vietnam that has attempted a reform within the system through its reform and open-door policy. The study originates in the interest in whether Vietnam could continue its changes of system via economic reform, and whether the economic reform could affect the reform of the political system. One assumption of the study is that the answer to which path Vietnamese socialism would take should be first (...) found in understanding the factors influencing the changes of the system of Vietnam. (shrink)

Xenophobia is conceptually distinct from racism. Xenophobia is also distinct from nativism. Furthermore, theories of racism are largely ensconced in nationalized narratives of racism, often influenced by the black-white binary, which obscures xenophobia and shelters it from normative critiques. This paper addresses these claims, arguing for the first and last, and outlining the second. Just as philosophers have recently analyzed the concept of racism, clarifying it and pinpointing why it’s immoral and the extent of its moral harm, so we will (...) analyze xenophobia and offer a pluralist account of xenophobia, with important implications for racism. This analysis is guided by the discussion of racism in recent moral philosophy, social ontology, and research in the psychology of racism and implicit attitudes. (shrink)

In this article, I critically examine the religious argument for the existence of God, which Palmquist formulated from Kant’s Religion within the Bounds of Bare Reason. After showing the structure of the argument, I point the problematic point of the argument and focus on the concept of Gesinnung. The privateness of Gesinnung is problematized in the analysis of it, and I briefly suggest that an alternative account of the Gesinnung is possible. Yet I emphasize the advantage that this argument has (...) compared to other competing arguments. (shrink)

One challenge in providing an adequate definition of physical disability is unifying the heterogeneous bodily conditions that count as disabilities. We examine recent proposals by Elizabeth Barnes (2016), and Dana Howard and Sean Aas (2018), and show how this debate has reached an impasse. Barnes’ account struggles to deliver principled unification of the category of disability, whilst Howard and Aas’ account risks inappropriately sidelining the body. We argue that this impasse can be broken using a novel concept: marginalised functioning. Marginalised (...) functioning concerns the relationship between a person’s bodily capacities and their social world: specifically, their ability to function in line with the default norms about how people can typically physically function that influence the structuring of social space. We argue that attending to marginalised functioning allows us to develop, not one, but three different models of disability, all of which—whilst having different strengths and weaknesses—unify the category of disability without sidelining the body. (shrink)

In this article, I aim to do two things: first, introduce Juche, the official philosophy of the Democratic People’s Republic of Korea (“North Korea”), and second, defend Juche against Alzo David-West’s allegation that it is a nonsensical philosophy. I organize David-West’s complaints into two major strands—that Juche’s axiom is too vague to be of philosophical use and that Juche makes too stark a distinction between human vs. everything else—and offer responses to both strands. My goal isn’t to defend the regime, (...) but to present its ideology in the most charitable way so its merits and demerits can be seen more clearly in future engagements. (shrink)

In “Global Knowledge Frameworks and the Tasks of Cross-Cultural Philosophy,” Leigh Jenco searches for the conception of knowledge that best justifies the judgment that one can learn from non-local traditions of philosophy. Jenco considers four conceptions of knowledge, namely, in catchwords, the esoteric, Enlightenment, hermeneutic, and self- transformative conceptions of knowledge, and she defends the latter as more plausible than the former three. In this critical discussion of Jenco’s article, I provide reason to doubt the self-transformative conception, and also advance (...) a fifth, pluralist conception of knowledge that I contend best explains the prospect of learning from traditions other than one’s own. (shrink)

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

Only our lineage has ever used trackways reading to find unseen and unheard targets. All other terrestrial animals, including our great ape cousins, use scent trails and airborne odors. Because trackways as natural signs have very different properties, they possess an information-rich narrative structure. There is good evidence we began to exploit conspecific trackways in our deep past, at first purely associatively, for safety and orienteering when foraging in vast featureless wetlands. Since our own old trackways were recognizable they were (...) self-mirroring, triggering memories of what we had been up to in the past. Using them to find our way back to the band when temporarily lost or to re-find a resource-rich area discovered the day before enabled optimal foraging. Selection for daily reiteration of one’s own old trackways therefore triggered the evolution of what is distinctive about human cognition: the autobiographical or narrative (episodic) faculty for imaginative self-projection. This faculty enabled us to glean useful social information from the stories “told” by other band members’ old trackways, and created spin-off capacities for fast-track social learning. Resultant increases in socioecological complexity then created positive selective feedback loops for further entrenchment. Incrementally we became the ultra-social narrative-minded ape, capable of creating cumulative culture. (shrink)

Kim Diaz's translation of Guillermo Hurtado's "Retratos de Luis Villoro".

When we ask a decision maker to express her preferences, it is typically assumed that we are eliciting a pre-existing set of preferences. However, empirical research has suggested that our preferences are often constructed on the fly for the decision problem at hand. This paper explores the ramifications of this empirical research for our understanding of instrumental rationality. First, I argue that these results pose serious challenges for the traditional decision-theoretic view of instrumental rationality, which demands global coherence amongst all (...) of one's beliefs and desires. To address these challenges, I first develop a minimal notion of instrumental rationality that issues in localized, goal-relative demands of coherence. This minimal conception of instrumental rationality is then used to offer a more sophisticated account of the global aspects of instrumental rationality. The resulting view abandons all-or-nothing assessments of rationality and allows us to evaluate decision makers as being rational to varying degrees. My aim is to propose a theory that is both psychologically and normatively plausible. (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...) United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

The preface paradox can be motivated by appealing to a plausible inference from an author’s reasonable assertion that her book is bound to contain errors to the author’s rational belief that her book contains errors. By evaluating and undermining the validity of this inference, I offer a resolution of the paradox. Discussions of the preface paradox have surprisingly failed to note that expressions of fallibility made in prefaces typically employ terms such as surely, undoubtedly, and bound to be. After considering (...) what these terms mean, I show that the motivating inference is invalid. Moreover, I argue that a closer consideration of our expressions of fallibility suggest that epistemically responsible authors would not be rational to believe that their books contain errors. I conclude by considering alternative expressions of fallibility that employ terms such as possible and probable, and discuss the role that expressions of fallibility play in conversation. (shrink)

In this paper, we provide a Bayesian analysis of the well-known surprise exam paradox. Central to our analysis is a probabilistic account of what it means for the student to accept the teacher's announcement that he will receive a surprise exam. According to this account, the student can be said to have accepted the teacher's announcement provided he adopts a subjective probability distribution relative to which he expects to receive the exam on a day on which he expects not to (...) receive it. We show that as long as expectation is not equated with subjective certainty there will be contexts in which it is possible for the student to accept the teacher's announcement, in this sense. In addition, we show how a Bayesian modeling of the scenario can yield plausible explanations of the following three intuitive claims: (1) the teacher's announcement becomes easier to accept the more days there are in class; (2) a strict interpretation of the teacher's announcement does not provide the student with any categorical information as to the date of the exam; and (3) the teacher's announcement contains less information about the date of the exam the more days there are in class. To conclude, we show how the surprise exam paradox can be seen as one among the larger class of paradoxes of doxastic fallibilism, foremost among which is the paradox of the preface. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be a (...) kind of God’s product so to be most benevolent, humanly appealing, efficient and philanthropic. This means the democratic form of government is not best, but most favored alternative to police the society. The political terms, henceforth, would supervene the concept of democracy, and, for many reasons and on historical wake, democracy is generally accepted as practically most desired form of rule or governance. While some modern scholar revealed, a mini-republic can be a niche to contest the merits of various forms of governance. We can gauge a scope of elements we value through the governance process, human intrinsic, efficiency, equality, welfare and even individual happiness. As the time is a small city community, called a polis, in Plato and Socrates, a mini republic can be well envisaged in understanding the Platonic Republic. In that case, most benevolent ruler may be superior to any other form of governance, which can be a philosopher’s Republic. The ideal ruler would behave and govern with mighty intelligence and concomitant power to rule. It is idealistic to produce maximum happiness of polis constituents. The worst contras, however, a tyranny, comes that the constituents legitimately expel their ruler by a collective vote. This extreme contrast and the way of process also could be ascertained in the ancient form of oriental monarchy. The dynasty could be legitimately revoked to restore new heritage of emperor or Kings where a kind of rebellion, as elucidated by Locke, is well justified in the name of heaven’s command. Given the size of polis or governed territory, there are separate ways to redress the evils of tyranny while the Oriental culture has not recognized the kind of formal vote methods. Any means to expel the tyranny could be embraced to rebel. For our purpose of grasp through this working paper, I would theorize on the traditional elements of public policy and democratic form of government. (shrink)

There is ongoing debate on whether Juche (주체/主體), the North Korean state ideology, is indigenous, Marxist-Leninist, or Confucian—or if it’s a real philosophy at all. In this article, I introduce Juche and show how characteristics that philosophers identify to be unique or pronounced in premodern Korean philosophy can be found in Juche as well. Intellectual adaptation, pragmaticism, and an emphasis on continual improvement are prominent in both premodern Korean thought and Juche. Juche should be understood as a politically inflected outgrowth (...) that is embedded within the larger context of Korean philosophy. (shrink)

Leadership is certainly a central concept that the contemporary society now requires to increase the chances of survival and prosperity. As the contemporary politics guides, the world now see a greater turn to the kind of strategic paradigm heavily departing from the previous adherence to the ideological tenet. The strategy is a vital way of approach to address the needs of followers, subordinates, stakeholders and shareholders although there are other strands of influence including the culture (For political discourse, it is (...) also interesting to read the Huntington’s viewpoint about the clash of civilization), ideology though (still heavily on the global politics), shared comradeship and intelligence, and others. The leadership, in the contemporary framework, is likely to be analyzed as several points of evolution. The leadership, as we set aside the assumed status of peaceful coexistence in the ancient communal society unlike the Marxism circle, can be seen as one of interactive products about some form of organization. For example, ancient Chinese leaders, through its imperial history, almost always have been concerned about the integration of his subject against the foreign threat of ingression. While we realistically see the phenomenon of world as a split nature, the organization, even most simple form for the state, has to find their leadership as one kind of interactive context. That is, without any submission, surely the case if we talk about a for-profit organization and also non-profit organization. We can see an idealistic organization that may be perceived as monopolistic, such as UN and NGOs. These organizations, however, are also facing the realistic challenge to interact with outside actors and other organizations. For the UN, a terrorist state or organization might be a good example which it needs to interact. In some cases, the states in the dispute and hostile confrontation may be concerned interactively. For the NGOs, the state and conservatists’ group of WTO can be the actor or organization that they have to deal with. Then we can reach the deep structure or environmental element which the leaders of organization have to deliberate on his true nature of leadership. (shrink)