This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...) for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

This paper is the expository and evaluative introduction to my new edition of Emerson's Society and Solitude, Twelve Chapters.

Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.

The purpose of the paper is to examine key provisions in the UAE company law.

The purpose of the paper is to examine free trade in Islamic law.

The text offers a comprehensive introduction to business law and the Jordanian legal system. The textbook provides for key concepts and terms, contract basics, corporate structures, legal aspects of buying and selling, common pitfalls, international business issues and more. The text is comprehensive, in that there are chapters that cover what one would expect a business law text to cover, including intellectual property, real property, insurance, and bankruptcy.

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...) and the criminal law is therefore much less direct than assumed in most theories of the criminal law. (shrink)

Do the laws of nature supervene on ordinary, non-nomic matters of fact? Lange's criticism of Humean supervenience (HS) plays a key role in his account of natural laws. Though we are sympathetic to his account, we remain unconvinced by his criticism. We focus on his thought experiment involving a world containing nothing but a lone proton and argue that it does not cast sufficient doubt on HS. In addition, we express some concern about locating the lawmakers in an ontology of (...) primitive subjunctive facts and suggest that a 'mixed' metaphysics to the lawmaker question might be attractive. (shrink)

Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...) of the early republic and the related philosophy of law and war. A central idea is that international law should chiefly benefit those remaining at peace. -/- Dallas was a Philadelphian who settled there in 1783, the year of the Peace of Paris which ended the War of Independence, arriving from Jamaica after a British education. He wrote much on law, becoming the first recorder of cases before the U.S. Supreme Court. He later served as Secretary of the Commonwealth of Pennsylvania, and federal district attorney for Eastern Pennsylvania, appointed by President Jefferson. He was appointed Secretary of Treasury by President Madison. -/- In this edition the original text is presented with annotations to help identify persons and events of interest. The editor has also added an Introduction, a Bibliography, a short Chronology of Dallas' life and the events of the War, and an analytical Index. As such this annotated edition presents a key primary source in a manner helpful to research for students of the early Republic. (shrink)

يهدف المقال إلى التطرق إلى بعض المشاكل التي تواجه الشركات العائلية في الدول العربية وتقديم المقترحات اللازمة بهذا الشأن.

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...) termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

This essay delves into the multifaceted concept of determin-ism within the domain of physics, scrutinizing prevalent definitions and classifications. Navigating through the nuances of deterministic behavior, we distinguish it from colloquial interpretations of "non-deterministic." By examining determin-ism through the lenses of natural laws, weak determinism, and strong determinism, we unravel the intricate relationship between predictability and the underlying mathematical structures of the universe. Classical mechanics serves as an exemplar of deterministic principles, while statistical mechanics introduces complexities that challenge simplistic classifications. (...) The interplay between ignorance and non-determinism emerges as a pivotal consideration, urging a nuanced understanding of deter-ministic frameworks amidst intricate systems. In essence, this exploration seeks to reconcile the richness of deterministic behavior with the complexities inherent in the natural world. (shrink)

In accordance with Leo Strauss’s ingenious suggestion, the Athenian Stranger of Plato’s Laws is best understood as an alternative ‘Socrates’, fleeing from the hemlock to Crete. Situated between Crito and Phaedo, Laws effectively tests the reader’s loyalty to the real Socrates who obeys Athenian law and dies cheerfully in Athens. Having separated Plato from the Stranger, a nuanced defence of Karl Popper’s suspicions about Laws confronts the apologetic readings of both Strauss and Christopher Bobonich. As hinted by his preference for (...) wine, the antidote for hemlock, the Athenian Stranger repeatedly proves himself the opposite of Socrates, particularly with respect to piety. Once the Stranger is recognized as ‘an unreliable narrator’, this apparently ponderous product of Plato’s senility becomes the taut thriller of an innovative teacher at the peak of his powers. (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...) new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s explanatory options, I suggest (...) that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

This book presents the author’s many and varied contributions to the revival and re-evaluation of American pragmatism. The assembled critical perspective on contemporary pragmatism in philosophy emphasizes the American tradition of cultural pluralism and the requirements of American democracy. Based partly on a survey of the literature on interest-group pluralism and critical perspectives on the politics of globalization, the monograph argues for reasoned caution concerning the practical effects of the revival. Undercurrents of “vulgar pragmatism” including both moral and epistemic relativism (...) threaten the intellectual and moral integrity of American thought – and have contributed to the present sense of political crisis. -/- The text chiefly contributes to the evaluation of the contemporary influence of the philosophy of John Dewey (1859–1952) and his late development of the classical pragmatist tradition. In comparison to Ralph Waldo Emerson (1803–1882), William James (1842–1910), and earlier currents of American thought, Dewey’s philosophy, dominated by its overall emphasis on unification, is weaker in its support for the pluralism of cultural and religious contributions which have lent moral self-restraint to American policy and politics, both foreign and domestic. With all due homage to Dewey’s conception of philosophy, centered on human problems and the need for our ameliorative efforts, the argument is that in the contemporary revival, Dewey’s thought has been too often captured by “post-modernist” bandwagons of self-promotion and institutional control. -/- This work defends democratic individualism against more collectivist and corporatist tendencies in contemporary neo-pragmatism, and it draws upon up-to-date political analysis in defense of America’s long republican tradition. Pragmatism will not and cannot be removed from, or ignored, in American intellectual and moral history; and its influence on disciplines from law to politics, sociology and literary criticism has been immense. However, pragmatism has often been weak in commitment to cultural pluralism and in its accounts of truth. (shrink)

The causal efficacy of a material system is usually thought to be produced by the law-like actions and interactions of its constituents. Here, a specific system is constructed and explained that produces a cause that cannot be understood in this way, but instead has novel and autonomous efficacy. The construction establishes a proof-of-feasibility of strong emergence. The system works by utilizing randomness in a targeted and cyclical way, and by relying on sustained evolution by natural selection. It is not vulnerable (...) to standard arguments against strong emergence, in particular ones that assume that the physical realm is causally closed. Moreover, it does not suffer from epiphenomenalism or causal overdetermination. The system uses only standard material components and processes, and is fully consistent with naturalism. It is discussed whether the emergent cause can still be viewed as ‘material’ in the way that term is commonly understood. (shrink)

In this dialogue, we discuss the contrast between inexorable physical laws and the semiotic freedom of life. We agree that material and symbolic structures require complementary descriptions, as do the many hierarchical levels of their organizations. We try to clarify our concepts of laws, constraints, rules, symbols, memory, interpreters, and semiotic control. We briefly describe our different personal backgrounds that led us to a biosemiotic approach, and we speculate on the future directions of biosemiotics.

A POLITICAL PHILOSOPHY OF CONSERVATISM, PRUDENCE, MODERATION AND TRADITION, by Ferenc Hörcher. London and New York: Bloomsbury Academic. 2020. vi + 210pp. Hardback: $103.50; Paperback: $35.96. ISBN: 978-1-350-06718-9. Reviewed by H.G. Callaway, Department of Philosophy, Temple University. Email: HG1Callaway (at) gmail (.) com Ferenc Hörcher is Head of the Research Institute of Politics and Government of the National University of Public Service, Hungary. His new book, A POLITICAL PHILOSOPHY OF CONSERVATISM, appears in the Bloomsbury Studies in the Aristotelian Tradition. Hörcher (...) aims to understand, elucidate and develop political conservatism in the long Aristotelian-Stoic tradition, emphasizes the role of character formation for statesmanship and political actors, the constraints implied by specific cultural traditions and the details of factual context, and addresses the contemporary standing and revival of Aristotelian virtue ethics and the specifically political virtue of prudence or “practical wisdom.” The book comes recommended by Harvard University historian James Hankins, who, on the back cover, recommends it for readers “disturbed by the collapse of statesmanship in the contemporary world.” . (shrink)

Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally obligatory given our social practices. A less restrictive (...) view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counter-examples. This form of “inclusive” anti-positivism is not just invulnerable to extensional challenges from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law. (shrink)

My aim in this paper is to clarify Kant’s conception of self-contentment, which is a particular kind of satisfaction associated with being a virtuous person. I do so by placing the term in the context of Kant’s answer to an objection made by Kant’s contemporary Christian Garve, namely the objection that if virtuous action is accompanied by a feeling of satisfaction, then virtuous action might only performed in order to experience this feeling of satisfaction . I begin by illustrating the (...) main features of Kant’s concept of self-contentment before turning to Garve’s objection and Kant’s response to it. I conclude by clarifying the differences between self-contentment, respect for the moral law, and Kant’s concept of moral pleasure. (shrink)

The complexity and heterogeneity of causes influencing ecology’s domain challenge its capacity to generate a general theory without exceptions, raising the question of whether ecology is capable, even in principle, of achieving the sort of theoretical success enjoyed by physics. Weber has argued that competition theory built around the Competitive Exclusion Principle (especially Tilman’s resource-competition model) offers an example of ecology identifying a law-like causal regularity. However, I suggest that as Weber presents it, the CEP is not yet a causal (...) regularity. Instead, I argue that the scientific understanding in Tilman’s theory takes a different form. The theory explains through a structure I call “channeling explanation” which does not depend on deduction from general laws, but rather builds on constraints and trade-offs represented in state-space. Recognizing this structure supports the more general point that ecology and other so-called special sciences can reveal novel theoretical approaches to philosophy of science when approached with openness to their uniqueness. (shrink)

Alison L. LaCroix is Assistant Professor of Law at the University of Chicago Law School, where she specializes in legal history, federalism, constitutional law and questions of jurisdiction. She has written a fine, scholarly volume on the intellectual origins of American federalism. LaCroix holds the JD degree (Yale, 1999) and a Ph.D. in history (Harvard, 2007). According to the author, to fully understand the origins of American federalism, we must look beyond the Constitutional Convention of 1787 and range over the (...) colonial, revolutionary, and founding periods including developments in the early republic. LaCroix questions both the idea that American federalism originated, all at once, at the Constitutional Convention of 1787 and the idea that republican ideology (with its strong emphasis on legislative power) was the single dominant framework of eighteenth-century American political thought. Versions and elements of federalist or con-federative ideas were also long present and in a process of development. (shrink)

This article is the SECOND of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find a precursor (...) in 10th century Kashmir, is a masterpiece of reason and philosophy that will leave the reader with profound thoughts on the meaning of history, God, and life itself. As a senior staff attorney in my chambers for many years at the California Supreme Court and a top scholar of ethics and philosophy of law, Mr. Cumming never ceased to amaze me with his outstanding research and intellect. This scholarly book is a must read for all who want to know why Spinoza continues to influence contemporary philosophy and how his work is still relevant in today’s challenging, interconnected world.” (Hon. Ming W. Chin, Associate Justice (Retired), Supreme Court of California, 1996–2020). (shrink)

Corporate governance is developing rapidly in many countries across the world. In this article, the existing state of corporate governance in Jordan is examined. Jordan does not have a corporate governance code per se. The article reveals that overall Jordan has in place some of the features of corporate governance best practice, but that there remains further progress to be made in areas such as independence of directors, compensation, and correlation between shareholding and entitlement to seats on the board. The (...) article recommends legal reforms in order to enhance corporate governance in Jordan. (shrink)

1. How do human organizations, as designed by humans, govern polities? -/- Current web-site analyses indicate that the medical-sites register the heaviest use. Humans are concerned with their health in a variety of iterations. If you will, it is the choice of the marketplace. But, humans must tend to the business of life. The humans live in communities, which necessarily choose definitions for their polities. Polities cannot exist without explicitly appointed and generally known socio-legal laws. In defining those rules, societies (...) decide how they are going to be organized and ruled---either consciously or by default---and how the common functions of the community are going to be financed. (shrink)

Customs law and procedures are important part of the trade system in Jordan. They regulate the flow of goods across the borders. The purpose of this paper is to examine Jordan's import regime by analyzing customs law, rules of origin, free trade zones, and tariffs reform.

This article is the SIXTH of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find a precursor (...) in 10th century Kashmir, is a masterpiece of reason and philosophy that will leave the reader with profound thoughts on the meaning of history, God, and life itself. As a senior staff attorney in my chambers for many years at the California Supreme Court and a top scholar of ethics and philosophy of law, Mr. Cumming never ceased to amaze me with his outstanding research and intellect. This scholarly book is a must read for all who want to know why Spinoza continues to influence contemporary philosophy and how his work is still relevant in today’s challenging, interconnected world.” (Hon. Ming W. Chin, Associate Justice (Retired), Supreme Court of California, 1996–2020). (shrink)

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities of police as (...) the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

This article is the FIFTH of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find a precursor (...) in 10th century Kashmir, is a masterpiece of reason and philosophy that will leave the reader with profound thoughts on the meaning of history, God, and life itself. As a senior staff attorney in my chambers for many years at the California Supreme Court and a top scholar of ethics and philosophy of law, Mr. Cumming never ceased to amaze me with his outstanding research and intellect. This scholarly book is a must read for all who want to know why Spinoza continues to influence contemporary philosophy and how his work is still relevant in today’s challenging, interconnected world.” (Hon. Ming W. Chin, Associate Justice (Retired), Supreme Court of California, 1996–2020). (shrink)

In this dissertation, I construct scientifically and practically adequate moral analogs of cognitive heuristics and biases. Cognitive heuristics are reasoning “shortcuts” that are efficient but flawed. Such flaws yield systematic judgment errors—i.e., cognitive biases. For example, the availability heuristic infers an event’s probability by seeing how easy it is to recall similar events. Since dramatic events, such as airplane crashes, are disproportionately easy to recall, this heuristic explains systematic overestimations of their probability (availability bias). The research program on cognitive heuristics (...) and biases (e.g., Daniel Kahneman’s work) has been scientifically successful and has yielded useful error-prevention techniques—i.e., cognitive debiasing. I attempt to apply this framework to moral reasoning to yield moral heuristics and biases. For instance, a moral bias of unjustified differences in the treatment of particular animal species might be partially explained by a moral heuristic that dubiously infers animals’ moral status from their aesthetic features. While the basis for identifying judgments as cognitive errors is often unassailable (e.g., per violating laws of logic), identifying moral errors seemingly requires appealing to moral truth, which, I argue, is problematic within science. Such appeals can be avoided by repackaging moral theories as mere “standards-of-interest” (a la non-normative metrics of purportedly right-making features/properties). However, standards-of-interest do not provide authority, which is needed for effective debiasing. Nevertheless, since each person deems their own subjective morality authoritative, subjective morality (qua standard-of-interest and not moral subjectivism) satisfies both scientific and practical concerns. As such, (idealized) subjective morality grounds a moral analog of cognitive biases—namely, subjective moral biases (e.g., committed anti-racists unconsciously discriminating). I also argue that "cognitive heuristic" is defined by its contrast with rationality. Consequently, heuristics explain biases, which are also so defined. However, such contrasting with rationality is causally irrelevant to cognition. This frustrates the presumed usefulness of the kind, heuristic, in causal explanation. As such, in the moral case, I jettison the role of causal explanation and tailor categories solely for contrastive explanation. As such, “moral heuristic” is replaced with "subjective moral fallacy," which is defined by its contrast with subjective morality and explains subjective moral biases. The resultant subjective moral biases and fallacies framework can undergird future empirical research. (shrink)

This dissertation concerns the methodology Kant employs in the first two sections of the Groundwork of the Metaphysics of Morals (Groundwork I-II) with particular attention to how the execution of the method of analysis in these sections contributes to the establishment of moral metaphysics as a science. My thesis is that Kant had a detailed strategy for the Groundwork, that this strategy and Kant’s reasons for adopting it can be ascertained from the Critique of Pure Reason (first Critique) and his (...) lectures on logic, and that understanding this strategy gains us interpretive insight into Kant’s moral metaphysics. At the most general level of methodology, Kant says there are four steps for the establishment of any science: 1) make distinct the idea of the natural unity of its material 2) determine the special content of the science 3) articulate the systematic unity of the science 4) critique the science to determine its boundaries The first two of these steps are accomplished by the genetically scholastic method of analysis, paradigmatically the method whereby confused and obscure ideas are made clear and distinct, thereby logically perfecting them and transforming them into possible grounds of cognitive insight that are potentially complete and adequate to philosophical purposes. The analysis of Groundwork I is a paradigmatic analysis that makes distinct what is contained in common understanding, i.e. its Inhalt or intension, making distinct the higher partial concepts that together define the concept of morality. The analysis of Groundwork II is an employment more specifically of the method of logical division, which makes distinct what is contained under the concept, i.e. its Umfang, by which the extension or object of morality is determined. Part I introduces Kant’s conception of moral metaphysical science and why he took it to be in need of establishment, explains the general method for establishing science and the scholastic method of analysis by which its first two steps are to be accomplished, then provides an interpretation of Groundwork I as an execution of this method. Part II details Kant’s determination of the special content of moral science in Groundwork II in relation to the central problem for moral metaphysics – how synthetic a priori practical cognition is possible. (shrink)

In this context, the UAE enacted federal law authorizing the UAE Cabinet to grant temporary licenses for testing innovations that use future technologies and its applications such as Artificial Intelligence. The law aims at providing a safe test environment for legislation that meet the technological revolution. This is done in collaboration with “Regulations Lab” that was set up in January 2019 in Dubai Future Foundation.

The purpose of the article is to examine the role of the board of directors in corporate law in Jordan.

Jordan acceded to the WTO in 1999. In its accession Jordan agreed, for example, to reduce tariffs on imported products and open its services market; it also modified its intellectual property regime. Jordan enjoyed special and differential treatment in few areas and was not able to designate olive oil as a good eligible for special safeguards. The WTO agreements required fundamental changes in the domestic laws and regulations of Jordan. The article concludes by arguing that Jordan’s accession to the WTO (...) was a lengthy and costly process. Jordan agreed to an arduous package of legal and economic reforms. Given that Jordan agreed to greater commitments compared to the obligations of the original WTO members, the multilateral trading system witnessed an accession saga. (shrink)

Governments across the world appreciate the need for checks on the transfer or exportation of commodities, information, software, and technology considered of strategic value. In order to control exports, countries rely on laws, treaties, international arrangements and other related instruments. In the current case, the UAE is largely dependent on Federal Law No. 12 of 2008 while the UK depends on the Export Control Act of 2002. It is established that the legislations enact amendments to reflect the dynamic nature of (...) the state environment. However, the entry into international arrangements supports the view that the fight against trading in dual-use, military, or sensitive products require cooperative efforts from state parties in order to attain success. The current paper assesses export controls in the United Arab Emirates and the United Kingdom. (shrink)

The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. -/- (...) The purpose of the paper is to examine Jordan's safeguard law. The paper analyzes safeguard investigation, safeguard review, and duration. In addition, the paper examines safeguard measures under the U.S.-Jordan Free Trade Agreement. (shrink)

Some time ago, Joel Katzav and Brian Ellis debated the compatibility of dispositional essentialism with the principle of least action. Surprisingly, very little has been said on the matter since, even by the most naturalistically inclined metaphysicians. Here, we revisit the Katzav–Ellis arguments of 2004–05. We outline the two problems for the dispositionalist identified Katzav in his 2004 , and claim they are not as problematic for the dispositional essentialist at it first seems – but not for the reasons espoused (...) by Ellis. (shrink)

The Middle East Review (MER) is a regular publication with articles from students, academics and practitioners on legal developments in the Middle East and North Africa (MENA) region. The contributors have written intellectually stimulating and informative articles, and we are grateful for their patience with us in the extended process of getting Issue 3 to publication.

China has overtaken Japan as the world's second-biggest economy. In a remarkably short span– less than fifteen years– the United States economy has experienced a relatively huge decline vis-à-vis China on a nominal GDP basis.

This article is the FOURTH of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find a precursor (...) in 10th century Kashmir, is a masterpiece of reason and philosophy that will leave the reader with profound thoughts on the meaning of history, God, and life itself. As a senior staff attorney in my chambers for many years at the California Supreme Court and a top scholar of ethics and philosophy of law, Mr. Cumming never ceased to amaze me with his outstanding research and intellect. This scholarly book is a must read for all who want to know why Spinoza continues to influence contemporary philosophy and how his work is still relevant in today’s challenging, interconnected world.” (Hon. Ming W. Chin, Associate Justice (Retired), Supreme Court of California, 1996–2020). (shrink)

This article is the FIRST of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find a precursor (...) in 10th century Kashmir, is a masterpiece of reason and philosophy that will leave the reader with profound thoughts on the meaning of history, God, and life itself. As a senior staff attorney in my chambers for many years at the California Supreme Court and a top scholar of ethics and philosophy of law, Mr. Cumming never ceased to amaze me with his outstanding research and intellect. This scholarly book is a must read for all who want to know why Spinoza continues to influence contemporary philosophy and how his work is still relevant in today’s challenging, interconnected world.” (Hon. Ming W. Chin, Associate Justice (Retired), Supreme Court of California, 1996–2020). (shrink)

This article is the THIRD of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find a precursor (...) in 10th century Kashmir, is a masterpiece of reason and philosophy that will leave the reader with profound thoughts on the meaning of history, God, and life itself. As a senior staff attorney in my chambers for many years at the California Supreme Court and a top scholar of ethics and philosophy of law, Mr. Cumming never ceased to amaze me with his outstanding research and intellect. This scholarly book is a must read for all who want to know why Spinoza continues to influence contemporary philosophy and how his work is still relevant in today’s challenging, interconnected world.” (Hon. Ming W. Chin, Associate Justice (Retired), Supreme Court of California, 1996–2020). (shrink)