This article briefly addresses the following questions: Why should we study narrative? Does narrative have a basic overarching form or forms? How does framing drive narrative? How do concepts drive narrative? What can we do when we lack the necessary concepts for the narrative we need to tell? Are there basic storylines that repeat? Are there basic character types that we reuse? Can narrative drive the results of a Supreme Court case? Can narrative (...) drive transactional practice? How does narrative's importance underscore the importance of an education in the humanities? (shrink)

At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with the (...) manner in which Jewish tradition was constructed in Antiquity. The article accomplishes three goals: • To introduce some central elements in ancient Rabbinic literature on the subject of the embryo and its representation; • To present this body of literature as clearly as possible, noting some of the difficulties encountered by scholars who engage in its study; • To explain how the literature’s textuality came about, examining the particular sociopolitical circumstances of Judaism at that time, including the reasons for the delay in the production of scientific texts, transmitted as such, as compared to other philosophical or religious traditions. The claim is that these circumstances engendered a tradition peculiarly relevant for the study and teaching of medical ethics today. (shrink)

I argue that same-sex divorce presents a different kind of potential constraint to the agency of persons pursuing the dissolution of their marriage; a constraint upon one’s counterstory and the reconstitution of one’s personal identity. The dialectic within the paper mirrors the movements that I have had to make as I have sought to constitute and reconstitute myself throughout my divorce process. Beginning from a juridical perspective, I examine how the constraints on same-sex divorce present constraints on one’s agency that (...) are antithetical to the spirit of a liberal democratic conception of freedom of movement. I then explore the role of narrative in my self-(re)constitution, as well as the limits of the narrative and counterstories, when the institutional framework of the State fails to acknowledge the change in my State-sanctioned personal relationship. I end by arguing that this view from the law ignores the ways in which we relationally constitute ourselves, and in so doing covers over the harms done to persons that find themselves in a married-yet-not state of limbo. (shrink)

This book aims to give a better understanding of dharma through an extraordinarily exhaustive account of both the word and the concept through an incisive analysis of Vedic, Buddhist, Puranic, Smriti, and bhakti texts, and even some works of literature.

Three decades after Chalmers named it, the ‘hard problem’ remains. I suggest a parsimonious solution. Biological dynamic systems interact according to simple rules (while the environment provides simple constraints) and thus self-organize to become a new, more complex dynamic system at the next level. This spiral repeats several times generating a hierarchy of levels. A leap to the next level is frequently creative and surprising. From ants, themselves self-organized according to physical/chemical laws, may emerge an ant colony self-organized according to (...) eusocial laws. A dynamic system need not be material. A living language (immaterial) is a complex adaptive system. Body/brain are material but the next level of complexity, a psychological dynamic system, a thought, feeling, image or ideal, is less material. From several psychological dynamic systems emerges the next level, narrative (immaterial), and from multiple narratives emerges personality. Concrete evidence explains how an early narrative emerges from body-and-brain. Evidence also shows that personality emerges from narrative. Even an objective narrative captures subjectivity since the teller’s choice of content is subjective. I argue that the ‘stream-of-consciousness’ story (movie) you are currently telling yourself (watching) is your conscious experience, ‘what it is like’ for you to be conscious. Adriana Cavarero’s arguments support this. Each level of a hierarchy of dynamic systems must necessarily be homeostatic, at that level. McDowell et al. (2023: submitted, in revision) reported evidence that a dream (a narrative) supports personality homeostatically. Perhaps the evolutionary advantage of conscious experience, also a narrative, has always been that it too supports personality homeostatically. Personality and body/brain, a chimera of symbiotic life-forms, constitute interactionist duality. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into (...) their accounts, it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...) analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

In Chapter 8 of The Language Animal, Charles Taylor claims that narratives are unsubstitutable for an appropriate understanding of social life and ‘human affairs’ in general. In order to identify open questions in his argumentation as well as unwanted consequences of his outlook, I proceed in three consecutive steps. I first problematize Taylor’s distinction between laws and stories, then go on to address his intentional blurring of stories and histories, and finally suggest that the concept of genealogy might be a (...) promising candidate for describing Taylor’s approach, concluding that he implicitly forms the equation: narrative equals history equals critique. (shrink)

The article aims at contrasting the autopoietic understanding of an individual and her or his actions as described by Niklas Luhmann with Paul Ricoeur’s notion of narrative identity, focusing on people as legal subjects. The article assumes that when legal subjects necessitate ethical engagement and evaluation, the law could cease to deal with problems in a mere legalistic fashion but is allowed the freedom to appeal to norms of justice external to itself as in other natural law theories. Through (...) narrative identity the deeds of role players are to be understood in greater complexity than what a self-referential legal system is comfortable in dealing with. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist (...) Vandana Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

In this paper I argue that Theodor W. Adorno 's philosophy of freedom needs an ontological picture of the world. Adorno does not make his view of natural order explicit, but I suggest it could be neither the chaotic nor the strictly determined ontological images common to idealism and positivism, and that it would have to make intelligible the possibility both of human freedom and of critical social science. I consider two possible candidates, Nancy Cartwright 's ‘patchwork of laws’, and (...) Roy Bhaskar 's critical realism. Arguing that Cartwright 's position conflicts with the spirit of Adorno 's philosophy, I suggest that Bhaskar 's realism is compatible with and to a significant extent implicit in Adorno 's position. Whilst Adorno is clearly not a critical realist, Bhaskar 's position does provide the best overall account of the ontological commitments of Adorno 's critical theory. It becomes possible in turn to locate Bhaskar 's arguments in a broader critical tradition and give fuller expression to the concerns that structure his work, in particular by locating the epistemic fallacy in the narrative account of the natural history of subjective reason and its tendency towards ‘identity thinking ’. The discussion goes on to consider the interdependence of reason, nature and freedom in the idea of emancipatory critique, confirming the deeper affinities between critical realism and critical theory. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities (...) and social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

In Gandhi's Printing Press, Isabel Hofmeyr introduces readers to the nuances of the newspaper in a far-flung colony in the age when mail and news traveled by ship and when readers were encouraged by Gandhi to read slowly and deeply. This article explores the ways in which Thoreau's concept of slow reading influenced Gandhi and Hofmeyr herself. She discusses the community that surrounded Gandhi and the role it played in supporting the newspaper. Yet, I argue, the role of women of (...) all races as well as Coloured and black South African men in leading, modeling, and shaping the movement of resistance to pass laws and other racist legislation might have been integrated more into the main narrative. Gandhi's newspaper, Indian Opinion, reported on the pass law protests of the African women of Bloemfontein, and Abdurahman's APO newspaper (popular in the Coloured community) reported on Gandhi's protests. Indian Opinion included speeches given by John Dube, and it often praised Dube and the work at Ohlange and reprinted stories from the black press. I offer these remarks to supplement Hofmeyr's fascinating account by providing additional information in portraying the newspaper in its historical and social context. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. Many new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. With this crucial importance, the author attempts to file some thoughts on the research and society. (shrink)

Jensen and Meckling’s 1976 definition of the firm as a legal fiction which serves as a nexus for contracts between individuals sits well with the Coasean narrative on the firm while at the same time being at odds with it. Available interviews with Jensen shed little light on the origins and meaning of this unusual definition. The paper shows how the definition captured, and was a response to, the American socio-political context of the early and mid-1970s, and traces how (...) Jensen and Meckling employed it once they themselves got immersed in the public debate about corporate responsibility and regulation in the late 1970s and early 1980s. It also considers Jensen and Meckling’s place in the literature on the economics of corporate law developed mostly in the 1980s. (shrink)

Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society, in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable customer (...) exit; limitations on the platform’s ability to exercise unilateral termination; profile-based discrimination; and liability for mere intermediation. We introduce the biblical concept of covenant, and we review its unfolding in Jewish tradition. Further, we conceptualize three main covenantal principles: (1) responsibility—God and humans are both conceived as moral agents; (2) reciprocity—God as a caring law giver, open to human appeals; and (3) reasonability—divine instruction as initially intelligible. We demonstrate how the latter principle of explainability is exercised in the biblical law narratives and how the story of Balaam stresses the significance of moral agency that cannot hide behind “mere intermediary” claims. In light of this analysis, we revisit the relationship between tech giants and tech users to demonstrate how covenantality offers novel ways to conceptualize the noted conflicts between the parties. (shrink)

Metaphysics, seen as a legitimizing narrative or a paradigm (Lyotard, 1984), prop up a certain practice in providing the basis for its assumptions. While Western medicine can be properly characterized as governed by a biophysical model (Hewa, 1994; Bates, 2002), such a model for traditional healing practices in the Philippines has yet to be derived. No philosopher has attempted to derive an indigenous metaphysics from traditional healing practices. The only study made so far (Fajardo & Pansacola, 2013), however, needlessly (...) pigeonholes these unique practices into incommensurable Western scientific concepts. While they collated data from healers all over the country, they attempted to use Western scientific concepts such as oxygen, carbon, electro-magnetic force, and others. These concepts dangerously obfuscate indigenous understandings of the human body and reality as a whole since they are directly lifted from a language and practice informed by Western metaphysics. Therefore, there has yet to be an adequate extraction of a locally derived metaphysics that informs and self-legitimizes these medicinal practices. Conscious of recent critiques to homogenizing tendencies in Philippine Studies (Guillermo, 2009) and Filipino philosophy (Pada, 2014; Abulad, 2016), specifically that of Mercado (1972) and Timbreza (2017), I attempt to derive a Filipino metaphysics from the traditional healing practices of two traditional healers in San Mateo, Rizal of the Southern Tagalog Region in Luzon through a particularist anthropological approach in Filipino philosophy. I derive four distinct characteristics of this metaphysics which are distinct from the biophysical presuppositions of Western medicine: (1) a law of conservation based on the concept of “balik,” (2) predestination, (3) an ontological dualism between the visible and the invisible, and (4) the performativity of words as utterances. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

In this chapter, I argue that one can articulate a historically attuned and analytically rich model for understanding jazz in its various inflections. That is, on the one hand, such a model permits us to affirm jazz as a historically conditioned, dynamic hybridity. On the other hand, to acknowledge jazz’s open and multiple character in no way negates our ability to identify discernible features of various styles and aesthetic traditions. Additionally, my model affirms the sociopolitical, legal (Jim Crow and copyright (...) laws), and economic structures that shaped jazz. Consequently, my articulation of bebop as an inflection of Afromodernism highlights the sociopolitical, and highly racialized context in which this music was created. Without a recognition of the sociopolitical import of bebop, one’s understanding of the music is impoverished, as one fails to grasp the strategic uses to which the music and discourses about the music were put. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. May new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. (shrink)

The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in colonising Africa and other regions. (...) While international law claims universal liberalism today, the current system based on sovereign nation-states represents not social inclusion but fierce and dangerous exclusion. -/- The central thesis of this book is that the development of legal sovereignty was, rather than part of the modernist progress narrative, a historically contingent evolutionary regression. While other social systems such as economics and science became globalised, politics and law counterintuitively became more territorialised. It is argued that the nation-state today is not only anachronistic but is dangerously ill-equipped for facing international problems such as the climate crisis or global pandemics. Finally, it also leaves African states and many other formerly-colonised territories at a particular disadvantage by regulating their political practices into a predefined mould. (shrink)

The present article attempts at combining Big History potential with the potential of Evolutionary Studies in order to achieve the following goals: 1) to apply the historical narrative principle to the description of the star-galaxy era of the cosmic phase of Big History; 2) to analyze both the cosmic history and similarities and differences between evolutionary laws, principles, and mechanisms at various levels and phases of Big History. As far as I know, nobody has approached this task in a (...) systemic way yet. It appears especially important to demonstrate that many evolutionary principles, patterns, regularities, and rules, which we tend to find relevant only for higher levels and main lines of evolution, can be also applied to cosmic evolution. Moreover, almost everything that we know about evolution may be detected in the cosmic history, whereas many of the evolutionary characteristics are already manifested here in a rather clear and salient way. Of course, many of the characteristics are manifested in initial or nonsystematic forms but some features, on the contrary, appear to be more distinct just in the cosmic phase. And at the same time when many characteristics and features which are typical of biological and social evolution unexpectedly reveal their roots or protoforms at earlier phases, one becomes aware that the universal character of evolution is real and it can be detected in a number of manifestations. One should also bear in mind that the origin of galaxies, stars, and other celestial objects is the lengthiest evolutionary process among all evolutionary processes in the Universe. Such an approach opens new perspectives for our understanding of evolution and Big History, of their driving forces, vectors, and trends, it also creates a consolidated field for the multidisciplinary re-search. (shrink)

The issue discussed in this paper is as topical today as it was in the early modern period. The Reformation presented with heightened urgency the question of how to relate the system of beliefs and values regarded as fundamental by an established political community to alternative beliefs and values introduced by new groups and individuals. Through a discussion of the views on toleration advanced by some key early modern thinkers, this paper will revisit different ways of addressing this problem, focusing (...) on the relationship between truth and toleration. The comparison between different proposals in their historical and political contexts, will reveal a variety of understandings of toleration and of models for its promotion. These understandings will be shown to be grounded in different conceptions of religious belief, of its relation to truth, and of human reason’s ability to reach it. They will provide a map of possible models for addressing conflict in a pluralist world from which lessons of enduring relevance can be learnt. The upshot of the paper is that, from a theoretical point of view, the culprit in intolerance is not in itself belief in some objective truth. Some of the common assumptions about the denial of religious truth or the reduction of religious truth to a minimal creed as the best paths to universal toleration will be challenged. Likewise, the narrative centred on England and France which has led to the celebration of the heroes of a supposedly ‘universal’ toleration that still manages to exclude millions of people will be shown to be in need of significant revision. After discussing approaches based on the rights of the individual conscience and on the unknowability of religious truths above human reason, the paper will finally investigate whether grounds for a general and principled theory of toleration can be found in religious truth itself and, following the tradition of natural law, in some universal truth discoverable by natural reason. (shrink)

Chapter 14. Andrea Timár engages with literary representations of the experience of perpetrators of dehumanization. Her chapter focuses on perpetrators of dehumanization who do not violate laws of their society (i.e., they are not criminals) but exemplify what Simona Forti, inspired by Hannah Arendt, calls “the normality of evil.” Through the parallel examples of Dezső Kosztolányi’s Anna Édes (1926) and Doris Lessing’s The Grass is Singing (1950), Timár first explores a possible clash between criminals and perpetrators of dehumanization, showing literature’s (...) exceptional ability to reveal the gap between ethics and law. Second, she examines novels focalized through perpetrators and the difficult narrative empathy they provoke, arguing that only the critical reading of these novels can make one engage with the potential perpetrator in oneself. As case studies, Timár examines Daniel Defoe’s Robinson Crusoe (1719), which may potentially turn its reader into an accomplice in the process of dehumanization, and J.M. Coetzee’s Foe (1986), which puts on critical display the dehumanizing potentials of both aesthetic representation and sympathy as imaginative violence. Third, she reads Jonathan Littell’s The Kindly Ones [Les Bienveillantes, 2006], which can make the reader question, through the polyphony of the voice of its protagonist, the notions of narrative voice and readerly empathy, only to reveal that the difficulty involved in empathizing with perpetrator characters lies not so much in the characters’ being perpetrators, but rather in their being literary characters. Eventually, Timár briefly touches upon the problem of the aesthetic and the comic via Nabokov’s Lolita (1955) to ask whether one can avoid some necessarily dehumanizing aspects of humor. (shrink)

The Church is facing a dilemma in how to apply and live out its message in a postmodern world. For many in the Church an understanding and application of morals and ethics has become bewildering. This assignment attempts to develop a Christian vocabulary and conceptual framework for morality. This is done by firstly elucidating the milieu out of which postmodernism arose. Modernism, through universal claims of reason and instrumental rationality, believed in the ultimate mastery of the world. The failure of (...) the Enlightenment project to develop universal morality and law led to a new perspective on reason and reality and new reflection on life, morality and meaning. Thus, I reflect on the parturition and value of postmodernism through offering an evaluation and critique of the ideology of postmodernism. Next, I propose the need for Christian ideology to be firstly separated from cultural interpretations so as to avoid ethnocentrism and cultural imperialism. After exploring the development and purpose of worldviews I argue for the building of cultural bridges and for the Gospel and Biblical worldview to be suitably encoded. After learning about God's nature as reflected in the narrative of the Prodigal Son I posit an understanding of what postmodern ethics entails and how then to define and respond to ethical issues. Through case studies I apply the key principles identified in the study. These are that moderation is a virtue; that many timeless truths are customary truths that arise in a specific historical/cultural situations; that many problems are not ethical issues but are rather a comprehension and/or a misinterpretation of the Scriptures regarding what it means to be a Christian and how we are to live our Christian profession to mention a few. I reason and plead for a Christian ethical system of incarnational engaged compassion in a postmodern world. I hope this academic paper stimulates critical theological reflection whilst hopefully illuminating and enlightening the reader. (shrink)

Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive political institutions can (...) be understood. By providing a novel reading of Hobbes’s Leviathan, this article argues that both political obligation and a natural duty to justice are unnecessary to ground the ability of political institutions to engage in legitimate coercion. This essay takes issue with common readings of Hobbes which assume consent is necessary to generate obedience on the part of citizens, and furthermore that political obligation is critical for the success of political institutions. While the failure of the traditional Hobbesian narrative of a consenting individual would seem to suggest the Leviathan is indefensible as a project, this paper argues that the right of war in the state of nature was more central for Hob- bes’s understanding of political institutions than obligation. Furthermore, Hobbes provides an adequate defense of political institutions even if his arguments about consent, obligation and punishment are only rhetorical. In this way Hobbesian law is best understood as a set of practical requirements to avoid war, and not as moral requirements that individuals are bound to comply with. Thus Hobbesian political institutions are not vulnerable to contemporary philosophical anarchist criticisms about political obligation and political institutions as such. To develop this reading, I focus primarily on the Leviathan, including interpretations by Skinner, Kateb, Flathman, and Oakeshott. Ultimately, this argument provides insight into contem- porary political institutions of the state, citizenship, criminality, and the law in a world where political obligation has not been adequately justified. (shrink)

1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, which law is conceivable without. However, it (...) is a question whether law can long do without it? In principle, the legislator is free in deciding on what legal consequence he attaches to what course of conduct14 and it is also desirable that legal concepts be freed from moral overtones. Nevertheless, the legal complex cannot be torn out of its social context, nor can it steadily conflict with other complexes (religions, moral, or political values, norms and ideologies) law is to develop in living interrelationship with. Otherwise, it is subject to danger that (I) law-observance in average cases is weakened; (2) the reified functioning of and approach to law are strengthened and make law alienated; and (3) it blurs the social objectives the law intends to serve and, especially in hard cases, makes its application rootless and floating. A pathological situation only becomes more pathological, if the pathology of contents is accompanied by the pathology of means. Or, it brings the promise of real solution closer, if the adequateness of means also provides, by the strength of publicity, for the direct mobilization of society. That explains why it is a topical question what I have proposed to term the inner morality of law. [For the text, see my L&Ph, 77–89] . (shrink)

Background. Tahfidz learning is a learning that can change the behavior of santriwan and santriwati and develop a potential that they have such as improving the reading of the Qur'an, increasing the memorization of the Qur'an. The tahfidz house is a place where students learn, foster and develop and apply the values contained in the Qur'an in everyday life such as at home, in the community and at school. Purpose. This tahfidz activity begins with prayer, then murojaah, memorizing the recitation (...) of the Qur'an. Method. Data was obtained by giving teacher performance scales, teacher digital literacy, and online learning implementation scales. Results. The results of this tahfidz activity research begin with prayer, then murojaah, memorizing the recitation of the Qur'an. After memorizing the Qur'an, each student deposits his memorization one by one to the ustadz or ustadzah. After that the students and ustadz or ustadzah continue by playing the verse connection game in order to increase the enthusiasm of the students in memorizing so that they are not easily bored and bored, because in learning there are a lot of complaints and laziness when learning, let alone learning to memorize the Qur'an there are a lot of outside distractions. Conclusion. After the students take part in tahfiz learning, there are Islamic morals that can be applied, namely keistiqomahan, patience which is contrary to the previous morals of the students. (shrink)

Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the (...) common law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

Bayesian models of legal arguments generally aim to produce a single integrated model, combining each of the legal arguments under consideration. This combined approach implicitly assumes that variables and their relationships can be represented without any contradiction or misalignment, and in a way that makes sense with respect to the competing argument narratives. This paper describes a novel approach to compare and ‘average’ Bayesian models of legal arguments that have been built independently and with no attempt to make them consistent (...) in terms of variables, causal assumptions or parameterization. The approach involves assessing whether competing models of legal arguments are explained or predict facts uncovered before or during the trial process. Those models that are more heavily disconfirmed by the facts are given lower weight, as model plausibility measures, in the Bayesian model comparison and averaging framework adopted. In this way a plurality of arguments is allowed yet a single judgement based on all arguments is possible and rational. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Religion is an organized collection of beliefs, cultural systems and world view that relate humanity to spirituality and sometimes also with moral values. It may be said that it is a belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe. Many religions have narratives, symbols and sacred history and traditions that are intended to give a meaning of life or to explain the origin of the life and the universe. They tend (...) to drive morality, ethics, faith and religious laws and or preferred a lifestyle from their ideas about the cosmos and human nature. But in the present world religious faiths are treated like a brand. The process of branding involved in creating a unique name and image for a product in the consumers' mind, mainly through advertising campaigns with a consistent theme. Branding aims to establish a significant and differentiated presence in the market that attracts and retains loyal customers. In a society overrun by commercial clutter, religion has become yet another product sold in the consumer marketplace, and faiths of all kinds must compete with a myriad of more entertaining and more convenient leisure activities. (shrink)

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.

Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...) ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)

This article offers a historical perspective on the emergence of narrative as a major area of research, with a sampling of the range of possible approaches. Key early figures, including Propp, Levi-Strauss, the French structuralists (Greimas in particular), and the linguist Labov are discussed. It aims to provide a framework in which some key concepts can be examined, in particular the term narrativity, which regards narrative as a semiotic structure that transcends the verbal domain. The work of Metz (...) in cinema is discussed. Another area is painting; it is noted that the conjunction of the notion of narrative with painting has a long history. (shrink)

Palawan is a land of promise, and of paradox. On maps, it appears on the edge of the Philippines, isolated. Indeed, it is a kind of last frontier. Its population remained tiny for centuries, the government offering homestead land in the 1950s practically for free to attract migrants from outside. The Palawan State University was established by law in 1965, but did not become operational until 1972. A commercial airport did not exist until the 1980s, and for many years, flights (...) were limited. Yet Palawan is one of the oldest sites of human habitation in the Philippines with the famous Tabon Cave human fossils. The oldest bone fragment here has been dated to be about 47,000 years. We know, too, that trade with China goes back several centuries. Today, Palawan seems to be making up for lost time with new commercial investments pouring in at breakneck speed. In particular, outsiders have rediscovered its potentials around logging, mining, fisheries, and tourism. This has caused concern among individuals and civil society organizations who want sustainable development, and see the commercial developments mainly as extractive, not just of natural resources but of the human. There’s very cheap labor available. And when potential investors marvel about cheap land, they’re actually talking about displacing earlier settlers, including indigenous people, from their lands. A subtle but still insidious aspect of the exploitation of human resources is a transformation of the very concept of human development. Using the rhetoric of modernity, residents in Palawan are reorienting the way they view themselves as well as their families and friends. The value of a human being now hinges on how they look, and the desired appearance is defined from the outside, as we see in this anthology of research reports coming from the Chemical Youth project of the University of Amsterdam and the University of the Philippines Diliman. We read about the importance of fair skin as a projection of cleanliness, of high social status (meaning someone not engaged in manual labor and therefore not exposed to the sun). We read of how “femininity” is defined around body contours, and cosmetics, and how hormones are used by male-to-female transgenders. We go beyond the visual, reading about the importance of controlling or enhancing body odors among tour guides, who interestingly are especially concerned about the bad odor management of their foreign customers, using car perfumes to keep their work manageable and we learn how difficult it is for security guards to stay alert during their long shifts. Energy drinks and cigarettes help them perform their duties. All these transformations through what the French philosopher and historian Michel Foucault has called “technologies of the self” are as paradoxical as Palawan. On the surface, the products—which are technologies—seem to be mainly in the realm of the self but are, in reality, pushed, through marketing, from the outside, in contexts of inequality and exploitative labour relations. Personal aspirations are not personal but are for predefined standards of modernity, related to work-related demands and expectations. The self must be made presentable to the tourist, to the customers in malls, and to those who may threaten the properties that young people protect. It is not surprising that these transformations become problematic for the “self.” The skin whiteners, the hormones, the body deodorants, and the energy drinks are expensive and can distort budgetary priorities. The money for tonic drinks, for example, could well go into more nutritious food. The tragedy, too, many of the products used are of doubtful safety and efficacy. Even the energy drinks have much too high levels of caffeine that can cause cardiac palpitations. Cosmetics and the skin whiteners imported from China and unregistered with the Food and Drug Administration may contain toxic chemicals like mercury. But even registered skin whiteners can be problematic, their so-called “skin-whitening effect” coming about because they take away the upper layers of the skin, leaving behind a red glow (seen as “whitening”) which is actually inflammation. The whitened skin fails to protect against the sun, leading to adverse effects such as black spots. Ultimately though, the problems come with the very definition of the self. As the reports show, young people use the chemicals with some ambivalence, knowing how expensive they are and experiencing some of the undesirable side effects. There is, too, doubt about whether what they’re doing is indeed “good,” captured by how IP women will put on cosmetics only when they’re away from home and about to go to work. The cosmetics have to be removed before they return home because they are not socially acceptable. The research reports are not for Palawan alone. It must make us more critical and discerning as we revisit concepts of development and exploitation, modernity and tradition, self and community. The chemicals, in many ways, are like the products used in precolonial barter trade. For the Chinese, the beeswax and the sea cucumbers, for the inhabitants of Palawan the ceramics, represented faraway lands. To have those products gave prestige. Today, the skin whiteners and tonic drinks and other chemicals described in this anthology represent modernity with promises of not just of a more attractive self, but of better jobs, a better life. We are proud to have worked with the Palawan State University, and the people of Palawan, to gather powerful narratives that will now challenge the outside, the purveyors of modernity, to be more critical and discerning, the chemicals now to be seen not just as stuff applied to the biological body, but as powerful shapers of social bodies. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Focused on women, this article investigates the qualities and attributes that family-owned businesses desire in a potential successor. This paper is the outcome of quantitative data that was solicited and collected from 120 participants using a semi-structured questionnaire. The Statistical Package for Social Sciences (SPSS) software was utilised to analyse the quantitative data and was complemented with the elements that were drawn from the qualitative data (open-ended questions). The results suggest that the incumbents prefer the potential successor to have management (...) skills; leadership skills; the ability to relate well with other members of the family; show interest in becoming a successor, possess greater aptitude than other members of the family; understands the business vision, be trustworthy; be committed to the business; has management experience; must be related by blood or law and able to harmonise the interests of the family with those of the business. Overall, this narrative highlights the woman’s position in a male-dominated discourse, besides suggesting that an understanding of the attributes desired by the incumbent will positively impact on the succession process in South African townships. -/- . (shrink)

This essay examines narratives of fundamental change, which portray a break in the continuity between a pre-transition and post-transition transgender subject, in accounts of transgender transitions. Narratives of fundamental change highlight the various changes that occur during transition and its disruptive effects upon a trans subject’s continuous identity. First, this essay considers the historical appearance of fundamental change narratives in the social sciences, the media, and their use by families of trans people, partners of trans people, and trans people themselves. (...) After this is a consideration of Mark Johnson’s account of narrative as a meaning-making activity that occurs in the context of social norms. Johnson’s account is then applied to narratives of fundamental change to explain why these narratives occur, especially in relation to social norms and lived experience. The essay concludes by considering the trajectory of fundamental change narratives, looking at emerging transgender narratives, which stress a more integrated, complex account of transgender lives. (shrink)

The paper aims at rethinking the traditional understanding of commercial law, and tentatively provides its cosmopolitan concept under the backdrop of extended commercial exchange and corresponding development of the transnational trade laws. Given the influence of legal positivism over the source of law debate, the commercial law would be defined in a relatively narrower focus, which principally presumes the sovereign nature of legal community. The phenomenon and interactive reality in this global sphere through the mid-20th century and new millennium have (...) driven us to experience new ways of dealings, sometimes blurring or otherwise encroaching upon a conventional discourse about the true nature of laws. In one way of efforts to accommodate such new phenomena, the author likes to present a possibility of more systemic, comprehensive, reality-oriented construction of commercial law concept concerning the current wave of legal pluralism. It became increasingly pervasive in our daily experiences that the norms of various nature have a potential to govern the commercial relationship. These norms, unlike the traditional state laws, are observed to poses a distinctive feature requiring a coherent understanding among another. This conceptual work also could mater with the traditional concept of sovereignty-driven commercial law. The paper will begin with the theoretical essence of legal positivism propounded by Hart and Raz. Particularly, the five strands of legal system would provide the basis of analysis, and could be compared to the narrative of legal positivists. For the purpose of this thesis, they would be contested to favor the strengths of cosmopolitan concept of commercial law. For an illustration,the author would argue that the shared agency element as well as recognition process of norms can give us more genuine understanding of the commercial law and practices. In this way, the author discuses and proposes a new concept focusing on the contemporary commercial law. Finally, he pointed out the critical needs of this kind of definitional work notwithstanding the legal plane or global diversity. In many ways, the paper would be found tentative, epitomizing, less exhaustive as trade-offs for a comprehensive build-up. The author also regrets to curtail much potentials of opposing arguments against the cosmopolitan understanding of commercial law. It is hoped that this work would later be developed, which could be realized by the complimentary as well as critical followers. (shrink)

Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...) such connections, like this one, are general rather than particular. I call these general non-causal explanatory connections 'laws of metaphysics'. In this paper I argue that some of these laws are to be found in the world at its most fundamental level, forming a bridge between fundamental reality and everything else. It is only by admitting fundamental laws, I suggest, that we can do justice to the explanatory relationship between what is fundamental and what is not. And once these laws are admitted, we are able to provide a nice resolution of the puzzle of why there are any non-fundamental facts in the first place. (shrink)

Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable regularities in nature (...) is necessary for either model of explanation: regularities are what laws describe and what mechanisms explain. (shrink)

We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...) from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)