This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

Husserl introduces a phenomenological concept called “motivation” early in the First Investigation of his magnum opus, the Logical Investigations. The importance of this concept has been overlooked since Husserl passes over it rather quickly on his way to an analysis of the meaningful nature of expression. I argue, however, that motivation is essential to Husserl’s overall project, even if it is not essen- tial for defining expression in the First Investigation. For Husserl, motivation is a relation between mental acts whereby (...) the content of one act make some fur- ther meaningful content probable. I explicate the nature of this relation in terms of “evidentiary weight” and differentiate it from Husserl’s notion of Evidenz, often translated as “self-evidence”. I elucidate the importance of motivation in Husserl’s overall phenomenological project by focusing on his analyses of thing-perception and empathy. Through these examples, we can better understand the continuity between the Logical Investigations and Husserl’s later work. (shrink)

A brief reference article on cultural relativism.

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This paper aims to assess knowledge management maturity at HEI to determine the most effecting variables on knowledge management that enhance the total performance of the organization. This study was applied on Al-Azhar University in Gaza strip, Palestine. This paper depends on Asian productivity organization model that used to assess KM maturity. Second dimension assess high performance was developed by the authors. The controlled sample was (364). Several statistical tools were used for data analysis and hypotheses testing, including reliability Correlation (...) using Cronbach’s alpha, “ANOVA”, Simple Linear Regression and Step Wise Regression. The overall findings of the current study suggest that KMM is suitable for measuring and lead to enhance high performance. KMM assessment shows that the university maturity level is in level three. Findings also support the main hypothesis and it is subhypotheses. The most important factors effecting high performance are: Processes, KM leadership, People, KM Outcomes, Knowledge Process. Furthermore the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first study at HEI in Palestine explores the status of KMM using the Asian productivity model. (shrink)

The current study tries to verify the effectiveness of a training program in increasing Crowdfunding awareness. The sample was (50) students in CIS, who were purposively selected and distributed equally into a treatment and control group. The researchers designed the study tools (a training program to increase Crowdfunding awareness). The study findings revealed the existence of statistically significant differences between the treatment and control groups in favor of the former. Furthermore, there were statistically significant differences between the pre and the (...) post measures of the treatment group in favor of the post measures. Furthermore the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first study for Crowdfunding training program in Arabic world. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

This paper argues for a Husserlian account of phenomenal intentionality. Experience is intentional insofar as it presents a mind-independent, objective world. Its doing so is a matter of the way it hangs together, its having a certain structure. But in order for the intentionality in question to be properly understood as phenomenal intentionality, this structure must inhere in experience as a phenomenal feature. Husserl’s concept of horizon designates this intentionality-bestowing experiential structure, while his concept of motivation designates the unique phenomenal (...) character of this structure as it is experientially lived through. The way experience hangs together is itself a phenomenal feature of experience. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

In this paper, I propose a novel interpretation of the role of the understanding in generating the unity of space and time. On the account I propose, we must distinguish between the unity that belongs to determinate spaces and times – which is a result of category-guided synthesis and which is Kant’s primary focus in §26 of the B-Deduction, including the famous B160–1n – and the unity that belongs to space and time themselves as all-encompassing structures. Non-conceptualist readers of Kant (...) have argued that this latter unity cannot be the product of categorial synthesis. While they are correct that this unity is not the product of any particular act of category-guided synthesis, I argue that conceptualists are right to nevertheless attribute this unity to the understanding. I argue that it is a result of what we can think of as the ‘original’ synthesis of understanding and sensibility themselves – it is a synthesis, moreover, in which the whole is logically prior to the parts. (shrink)

Michael J. Almeida presents a bold new defence of the existence of God. He argues that entrenched principles in philosophical theology which have served as basic assumptions in apriori, atheological arguments are in fact philosophical dogmas. Almeida argues that not only are such principles false - they are necessarily false.

According to the Principle of Alternative Possibilities, an agent is morally responsible for an action of hers only if she could have done otherwise. The notion of a robust alternative plays a prominent role in recent attacks on PAP based on so-called Frankfurt cases. In this paper I defend the truth of PAP for blameworthy actions against Frankfurt cases recently proposed by Derk Pereboom and David Widerker. My defence rests on some intuitively plausible principles that yield a new understanding of (...) the concept of a robust alternative. I will leave aside whether PAP also holds for praiseworthy actions -/- Según el Principio de Posibilidades Alternativas, un agente es moralmente responsable de una acción sólo si hubiera podido actuar de otro modo. La noción de alternativa robusta desempeña un papel prominente en ataques recientes al PPA basados en los llamados casos Frankfurt. En este artículo defiendo el PPA para la culpabilidad moral frente a casos Frankfurt propuestos recientemente por Derk Pereboom y David Widerker. Mi defensa descansa en algunos principios intuitivamente plausibles que dan lugar a una comprensión nueva del concepto de alternativa robusta. No trataré la cuestión de la verdad del PPA para acciones moralmente laudables. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

This essay examines the role of non-existent objects in "epistemological ontology" — the study of the entities that make thinking possible. An earlier revision of Meinong's Theory of Objects is reviewed, Meinong's notions of Quasisein and Außersein are discussed, and a theory of Meinongian objects as "combinatorially possible" entities is presented.

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length (...) in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

Critical Review of Searle's Minds, Brains and Science.

You don’t know that p unless it’s on account of your cognitive abilities that you believe truly that p. Virtue epistemologists think there’s some such ability constraint on knowledge. This looks to be in considerable tension, though, with putative faith- based knowledge. For it can easily seem that when you believe something truly on the basis of faith this isn't because of anything you're competent to do. Rather faith-based beliefs are a product of divine agency. Appearances notwithstanding, I argue in (...) this paper that there’s no deep tension between faith-based knowledge and virtue epistemology. Not if we learn to conceive of faith as a kind of extended knowledge. (shrink)

This paper aims for a more robust epistemological disjunctivism (ED) by offering on its behalf a new and better response to the ‘new evil genius’ problem. The first section articulates the ‘new evil genius challenge’ (NEG challenge) to ED, specifying its two components: the ‘first-order’ and ‘diagnostic’ problems for ED. The first-order problem challenges proponents of ED to offer some explanation of the intuition behind the thought that your radically deceived duplicate is no less justified than you are for adopting (...) her perceptual beliefs. In the second section, I argue that 'blamelessness' explanations are inadequate to the task and offer better explanations in their place—that of ‘trait-level virtue’ and ‘reasonability’. The diagnostic problem challenges proponents of ED to explain why it is that classical internalists disagree with them about how to interpret 'new evil genius' considerations. The proponent of ED owes some error theory. I tackle this problem in the third section, arguing that classical internalists overlook disjunctivist interpretations of new evil genius intuitions owing to a mistaken commitment to a ‘vindicatory’ explanation of perceptual knowledge. (shrink)

Over fifteen years have passed since Cora Diamond and James Conant turned Wittgenstein scholarship upside down with the program of “resolute” reading, and ten years since this reading was crystallized in the major collection _The New Wittgenstein_. This approach remains at the center of the debate about Wittgenstein and his philosophy, and this book draws together the latest thinking of the world’s leading Tractatarian scholars and promising newcomers. Showcasing one piece alternately from each “camp”, _Beyond the Tractatus Wars_ pairs newly (...) commissioned pieces addressing differing views on how to understand early Wittgenstein, providing for the first time an arena in which the debate between “strong” resolutists, “mild” resolutists and “elucidatory” readers of the book can really take place. The collection includes famous “samizdat” essays by Warren Goldfarb and Roger White that are finally seeing the light of day. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

Trust should be able to explain cooperation, and its failure should help explain the emergence of cooperation-enabling institutions. This proposed methodological constraint on theorizing about trust, when satisfied, can then be used to differentiate theories of trust with some being able to explain cooperation more generally and effectively than others. Unrestricted views of trust, which take trust to be no more than the disposition to rely on others, fare well compared to restrictive views, which require the trusting person to have (...) some further attitude in addition to this disposition. The same methodological constraint also favours some restrictive views over others. (shrink)

A collection of original and innovative essays that compare the justice issues raised by climate engineering to the justice issues raised by competing approaches to solving the climate problem.

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

This book is a thesis submitted to the Faculty of Arts of the University of Utrecht. It was prepared under the supervision of Prof. Dr. H. Schultink. I would like to express my gratitude to him for his criticisms of earlier versions which led to many improvements, in particular with respect to the exposition of the argument. To my co-referent Dirk van Dalen, reader in the Department of Philo sophy (,Centrale Interfaculteit') of the University of Utrecht, I am greatly indebted (...) for his valuable and fruitful suggestions about problems relevant to both linguistics and logic. Several ideas developed in this study owe their present concrete form to our many discussions. This thesis originates in syntactic research into the Aspects carried out in 1967 under the supervision of Albert Kraak, professor at the University of Nijmegen, who ever since gave much attention to my work in progress. I am very grateful to him for his careful and stimulating criticism as well as for the continuous support he gave me during these years. The present study closely relates to the work of my colleague Wim Klooster with regard to both its theoretical framework and its subject matter. Our joint work on the measurement of duration in Dutch is an integral part of the argument. I have greatly profited from the numerous discussions we have had. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (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 paper I deal with Richard Moran's account of self-knowledge in his book Authority and Estrangement. After presenting the main lines of his account, I contend that, in spite of its novelty and interest, it may have some shortcomings. Concerning beliefs formed through deliberation, the account would seem to face problems of circularity or regress. And it looks also wanting concerning beliefs not formed in this way. I go on to suggest a diagnosis of these problems, according to which (...) they would arise out of a view of agents too strongly dependent on the will. /// Este trabajo se ocupa de la concepción del autoconocimiento en el libro de Richard Moran Authority and Estrangement. Tras presentar las líneas maestras de dicha concepción, sostengo que ésta, a pesar de su novedad e interés, podría adolecer de defectos importantes. Así, con respecto a las creencias formadas mediante la deliberación, la propuesta de Moran parece enfrentarse a problemas de circularidad o de regreso. Y parece también insatisfactoria acerca de creencias no formadas de ese modo. Finalmente, sugiero un diagnóstico de estos problemas, según el cual éstos surgirían de una concepción de los agentes excesivamente dependiente de la voluntad. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

This paper aims to determine knowledge management (KM) factors which have strong impact on high performance. Also, the study aims to compare KMM between intermediate colleges. This study was applied on three intermediate colleges in Gaza strip, Palestine. Asian productivity organization model was applied to measure KMM. Second dimension which assess high performance was developed by the authors. The controlled sample was 190. Several statistical tools were used for data analysis and hypotheses testing, including reliability correlation using Cronbach’s alpha, “ANOVA”, (...) simple linear regression and step wise regression and LSD test. The overall findings of the current study show that maturity level is in the second level. Findings also support the main hypothesis and its sub- hypotheses. The most important factors effecting high performance are the processes, KM leadership, people and KM outcomes. In addition, there are differences in high performance for college (PTC). Furthermore, the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first comparative study between intermediate colleges in Palestine that explores the status of KMM using the Asian productivity model. Research limitations was that the survey findings were based on intermediate colleges in Gaza Strip. (shrink)

Alexius Meinong developed a notion of defective objects in order to account for various logical and psychological paradoxes. The notion is of historical interest, since it presages recent work on the logical paradoxes by Herzberger and Kripke. But it fails to do the job it was designed for. However, a technique implicit in Meinong's investigation is more successful and can be adapted to resolve a similar paradox discovered by Romane Clark in a revised version of Meinong's Theory of Objects due (...) to Rapaport. One family of paradoxes remains, but it is argued that they are unavoidable and relatively harmless. (shrink)

The research aims to identify the status of the application of electronic document management system in governmental institutions – the study was applied on the Palestinian Pension Agency. The population of this study is composed of all employees in the Palestinian Pension Agency. In order to achieve the objectives of the study, the researchers used the descriptive and analytical approach, through which try to describe the phenomenon of the subject of the study, analyze the data and the relationship between the (...) components and the views put around it. Census method was used due to the small size of the study population and ease of access to the target group. (108) questionnaires were distributed to all members of the study population, were (65) employees in the Gaza Strip and (43) employees in the West Bank. All questionnaires were recovered. The study found the following results: There were no statistically significant differences in the members of the population in response to differences in the study about the reality of the application of electronic document management system in governmental institutions - case study on the Palestinian Pension Authority due to the age. There are no statistically significant differences in population members in response to the reality of the application of electronic document management system in governmental institutions - case Study on the Palestinian Pension Authority due to the variable nature of the job. As well as there are no statistically significant differences in the members of the population in response to the study about the reality of the application of electronic document management system in governmental institutions - case study on the Palestinian Pension Authority due to the variable of specialization. There are statistically significant differences in the study about the reality of the application of electronic document management system in governmental institutions - case study on the Palestinian Pension Authority due to Qualification variable for the benefit of members of the population study who are holding a Bachelor degree. There are statistically significant differences in the study about the reality of the application of electronic document management system in governmental institutions – case study on the Palestinian Pension Authority due to the variable number of years of experience for the benefit of members of the study population who have experience between 11-15 years. The study found a group of recommendations, including: the need to focus on the establishment of a general management of electronic documents in the organization structure that takes care of all the technical processes in it an contains scientifically qualified persons in the field of electronic document management. The need is for the attention in developing strategic plans, policies and mechanisms of action commensurate with the electronic document management system. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

Abstract - The aim of the study is to identify the degree of administrative transparency in the Palestinian higher educational institutions in the Gaza Strip. In the study, the researchers adopted a descriptive and analytical method. The research population consisted of administrative staff, whether academic or administrative, except for those in senior management or the university council. The study population reached 392 employees. A random sample was selected (197). The number of questionnaires recovered was (160) with a recovery rate of (...) (81.2%). The researchers used a questionnaire for the data collection and were treated using SPSS to obtain the results. The results show that there is no significant difference between male responses and female responses due to gender variable. The results also confirm that there is no significant difference between respondents' responses due to the age variable. The results also showed a significant difference between respondents' responses attributed to the university variable. There is a fundamental difference between respondents' responses attributed to the scientifically qualified variable. The results also confirmed a significant difference between respondents' responses attributed to the management level variable. The results also confirmed a significant difference between respondents' responses due to variable years of service. The research reached a number of recommendations, the most important of which is: The necessity of Palestinian universities to adhere to the application of transparency standards in all university activities. The need to benefit from regional and international experience in the application of transparency systems within universities and to examine the possibility of applying these systems in our universities. As well as the need to engage in the program of teaching transparency in universities, as it is confirmed that only five universities participated in this experiment. The importance of raising awareness among the employees of Palestinian universities to clarify the foundations of building transparency and its dimensions to represent the active supporter through workshops and seminars. (shrink)

Imre Lakatos' views on the philosophy of mathematics are important and they have often been underappreciated. The most obvious lacuna in this respect is the lack of detailed discussion and analysis of his 1976a paper and its implications for the methodology of mathematics, particularly its implications with respect to argumentation and the matter of how truths are established in mathematics. The most important themes that run through his work on the philosophy of mathematics and which culminate in the 1976a paper (...) are (1) the (quasi-)empirical character of mathematics and (2) the rejection of axiomatic deductivism as the basis of mathematical knowledge. In this paper Lakatos' later views on the quasi-empirical nature of mathematical theories and methodology are examined and specific attention is paid to what this view implies about the nature of mathematical argumentation and its relation to the empirical sciences. (shrink)

This paper presents a corrected version of Pascal's wager that makes it consonant with modern decision theory. The corrected wager shows that not committing to God's existence is the rational choice.

Francis Hutcheson's objections to psychological egoism usually appeal to experience or introspection. However, at least one of them is theological: It includes premises of a religious kind, such as that God rewards the virtuous. This objection invites interpretive and philosophical questions, some of which may seem to highlight errors or shortcomings on Hutcheson's part. Also, to answer the questions is to point out important features of Hutcheson's objection and its intellectual context. And nowhere in the scholarship on Hutcheson do we (...) find these questions addressed. This paper addresses them. A fact that emerges is that the apparent errors or shortcomings the questions may highlight are just that – apparent errors or shortcomings; in reality they are nothing of the kind. (shrink)

This dissertation engages in a critical analysis of the work of Adolf Reinach in the theory of knowledge and legal philosophy. Reinach had trained as a lawyer and brought that perspective and experience to bear in his phenomenological work on problems in evidence and legal philosophy. His contributions to phenomenology in the early 20th century provide a window into the earliest phases of the development of the phenomenological movement, prior to World War I. This dissertation locates this work in the (...) European intellectual context of the era and finds analogies with key philosophical dilemmas and developments in England during the same period, arguably ones with shared intellectual roots. Valued for his talent as an inspiring university lecturer, Reinach was a central figure in the circle of young scholars who practiced phenomenology in the spirit of the "early" "pre-Ideen" phase of phenomenology. The dissertation Appendices include translations of selected excerpts from the Nachlass. My translation of the obituary Edmund Husserl wrote and published following Adolf Reinach's death in WWI is published separately. Professor Raymond Klibansky was my supervisor and mentor throughout. (shrink)

Stalnaker argued that conditional excluded middle should be included in the principles that govern counterfactuals on the basis that intuitions support that principle. This is because there are pairs of competing counterfactuals that appear to be equally acceptable. In doing so, he was forced to introduced semantic vagueness into his system of counterfactuals. In this paper it is argued that there is a simpler and purely epistemic explanation of these cases that avoids the need for introducing semantic vagueness into the (...) semantics for counterfactuals. (shrink)

This volume considers challenges to forgiveness in the most difficult circumstances, such as in criminal justice contexts, when the victim is dead or when bystanders disagree, and when anger and resentment seem preferable and important. Contributing philosophers include Myisha Cherry, Jonathan Jacobs, Barrett Emerick, Alice MacLachlan, David McNaughton and Eve Garrard. Contributing psychologists include Pumla Gobodo-Madikizela, Robert D. Enright and Mary Jacqueline Song, C. Ward Struthers, Joshua Guilfoyle, Careen Khoury, Elizabeth van Monsjou, Joni Sasaki, Curtis Phills, Rebecca Young, and Zdravko (...) Marjanovic. (shrink)

Davidson’s famous 1963 paper “Actions, Reasons, and Causes” contains, in nuce, the main lines of Davidson’s philosophy of action and mind. It also contains the seeds of some major problems of Davidson’s thought in these fields. I shall defend, following Davidson, that rationalization or reasons explanation is a species of causal explanation, but I will be contending, against Davidson’s approach, that causality is best viewed, in this kind of explanation, as an integral aspect of justification itself, and not as an (...) independent, additional condition. (shrink)

Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET indicated by Tessman, Mills, and (...) others, and further offers two important and neglected elements to other nonideal ethical theorists: her rejection of the “administrative point of view,” and her focus on “intolerable harms” as forms of “extreme moral stress” and obstacles to excellent ethical lives. The essay concludes that Card's insights are helpful to philosophers in developing nonideal ethical theory as a distinctive contribution to, and as a subset of, nonideal theory. (shrink)

Open Access: Trudy Govier (FR) argues for “conditional unforgivability,” yet avers that we should never give up on a human being. She not only says it is justifiable to take a “hopeful and respectful attitude” toward one’s wrongdoers, she indicates that it is wrong not to; she says it is objectionable to adopt an attitude that any individual is “finally irredeemable” or “could never change,” because such an attitude “anticipates and communicates the worst” (137). Govier’s recommendation to hold a hopeful (...) attitude seems to follow from one’s knowing that an appropriate object of unforgivability is also an agent capable of moral transformation. I appeal to Blake Myers-Schultz’s and Eric Schwitzgebels’ account of knowledge without belief, and Schwitzgebels’ account of attitudes, to argue that a victim’s knowledge that a wrongdoer has the capacities of a moral agent does not entail belief in the possibility that a wrongdoer will exercise those moral capacities, nor does knowledge of a wrongdoer’s moral capacities entail hopeful attitudes toward the prospects of an individual wrongdoer’s moral transformation. I conclude that what victims can hope for should not be that which victims are held to as a moral minimum. (shrink)

The main examples of pragmatic encroachment presented by Jason Stanley involve the idea that knowledge ascription occurs more readily in cases where stakes are low rather than high. This is the stakes hypothesis. In this paper an example is presented showing that in some cases knowledge ascription is more readily appropriate where stakes are high rather than low.

In this paper it is shown that Lewis' MWD (might/would duality) and imaging principles lead to wildly implausible probability assignments for would counterfactuals.

Sila elección está causada por factores ajenos a la voluntad del agente, la libertad y la responsabilidad moral parecen perder su base. Pero si la elección carece de causas, se convierte en un acto irracional y, con ello, irresponsable. La salida de este dilema consiste en advertir la importancia de las razones morales en la deliberación práctica. De acuerdo con la tesis central del presente trabajo, la sensibilidad hacia las razones morales es una condición necesaria de la libertad y la (...) responsabilidad moral. La inconmensurabilidad de tales razones con las razones no morales concede a la elección el lugar central que demanda la responsabilidad moral, pero, al mismo tiempo, la mantiene vinculada a la racionalidad, evitando su conversión en un acto irresponsable. Si esto es así, la disminución (o pérdida) de la sensibilidad de un agente hacia las razones morales significa también la disminución (o pérdida) de su libertad y responsabilidad moral. (shrink)

Tanto las teorías causales como las teorías no causales de la acción consideran la relación de justificación entre razones y acción como una relación no causal, de caracter puramente lógico o conceptual. Según las teodas causales, la acción intencional ha de satisfacer, independientemente de la condicion de justificación, una condición adicional de causalidad. En este artículo se sostiene, en cambio, que el concepto de justificación es ya causal, de modo que no es necesario exigir un requisito causal independiente para entender (...) el concepto de acción intencional. Esta concepción causal de la justificación y de la acción intencional no se ve expuesta al problema de las cadenas causales desviadas que afecta a las teorías causales ortodoxas ni a la amenaza deI epifenomenismo de las propiedades mentales. -/- Both causal and non-causal action theories take the justification relation to be a non-causal, purely conceptual or logical relation between reasons and action. According to causal theorists, intentional action has to satisfy, besides the justification condition, an additional and independent causal condition. In this paper it is held, however, that justification is already a causal concept, so that there is no need to resort to an independent causal requirement in order to understand the concept of intentional action. This causal view of justification and intentional action does not face either the problem of wayward causalchains which infects orthodox causal theories or the threat of epiphenomenalism of mental properties. (shrink)