This paper explores R. D. Laing's application of existential and phenomenological tradtions, specifically Hegel and Heidegger, to his groundbreaking work with psychotic process as well as psychotherapeutic practice more generally.

La quête de la “Métaphysique de l’acte d’être” passe inévitablement par Cornelio Fabro. La “Bibliothèque de la Revue Thomiste”, avec le concours des éditions “Parole et Silence”, a eu la bonne idée de rééditer son maître ouvrage : Participation et causalité selon Saint Thomas d’Aquin. Je m’attendais, comme dans mes explorations précédentes chez Gilson, Mercier et autres, à découvrir un auteur didactique, plus dialecticien et historien que philosophe, pour qui les pétitions de principe pèsent peu devant la faconde des dissertations. (...) Mais au contraire, je dois reconnaître que nous avons devant les yeux un exercice de philosophie de très grande classe, sans comparaison avec les précités. Tout le mal que j’en pourrai dire par la suite, à cause de mon tempérament atrabilaire, doit être mesuré à l’aune de ce jugement premier. (shrink)

This is a fine book by an extraordinary author whose literary followers have awaited a definitive statement of his views on consciousness since his participation in the important book on biological autopoiesis, The Embodied Mind (Varela, Thompson, & Rosch, 1991) and his recent neurophenomenology of biological systems, Mind in Life (2007). In the latter book, Thompson demonstrated the continuity of life and mind, whereas in this book he uses neurophenomenology as well as erudite renditions of Buddhist philosophy and (...) a good dash of personal experience to argue for the reality of altered states of consciousness, but also that these states are not distinct from the physical systems that subtend them. He must have touched a nerve, for Waking, Dreaming, Being continues to be read and widely discussed by the literate public. (shrink)

According to the “Embodied Cognition” entry in the Stanford Encyclopedia of Philosophy, the three landmark texts in the 4E cognitive science tradition are Lakoff and Johnson’s Metaphors We Live By, Varela, Thompson, and Rosch’s The Embodied Mind, and Andy Clark’s Being There. In my first section, I offer a phenomenological interpretation of these three texts, identifying recuring affirmations of the figure of dance alongside explicit marginalization of the practice of dance, perhaps in part due to cognitive science’s overemphasis on (...) cognition to the exclusion of affect. In my second section, drawing on my previous interpretations of proto-affect theorists (including Spinoza, Deleuze, and Fanon), I channel this tension in 4E cognitive science into a dancing partnership with human science psychology, suggesting three “choreographic provocations” for therapeutic practice and psychological research, namely (1) treating clients/subjects as dancers, (2) reimagining research and therapy as improvised duets between practitioners and clients/subjects, and (3) pursuing an ideal of freer movement and an emergent flourishing singularity for clients/subjects. Finally, I reformulate these three choreographic provocations in terms of my new theoretical method of “dancing-with,” as well as the four psychological prerequisites for flourishing posited by my figuration philosophy of dance. (shrink)

Hájek has recently presented the following paradox. You are certain that a cable guy will visit you tomorrow between 8 a.m. and 4 p.m. but you have no further information about when. And you agree to a bet on whether he will come in the morning interval (8, 12] or in the afternoon interval (12, 4). At first, you have no reason to prefer one possibility rather than the other. But you soon realise that there will definitely be a future (...) time at which you will (rationally) assign higher probability to an afternoon arrival than a morning one, due to time elapsing. You are also sure there may not be a future time at which you will (rationally) assign a higher probability to a morning arrival than an afternoon one. It would therefore appear that you ought to bet on an afternoon arrival. The paradox is based on the apparent incompatibility of the principle of expected utility and principles of diachronic rationality which are prima facie plausible. Hájek concludes that the latter are false, but doesn't provide a clear diagnosis as to why. We endeavour to further our understanding of the paradox by providing such a diagnosis. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

PREMISSA No século XIX, ocorreram transformações impulsionadas pela emergência de novas fontes energéticas (água e petróleo), por novos ramos industriais e pela alteração profunda nos processos produtivos, com a introdução de novas máquinas e equipamentos. Depois de 300 anos de exploração por parte das nações europeias, iniciou -se, principalmente nas colônias latino-americanas, um processo intenso de lutas pela independência. É no século XIX, já com a consolidação do sistema capitalista na Europa, que se encontra a herança intelectual mais próxima da (...) qual surgirá a Sociologia como ciência particular. No início desse século, as ideias do Conde de Saint-Simon (1760-1825), de Georg Wilhelm Friedrich Hegel (1770-1831), de David Ricardo (1772-1823) e de Charles Darwin (1809-1882), entre outros, foram o elo para que Alexis de Tocqueville (1805-1859), Auguste Comte (1798-1857), Karl Marx (1818 -1883) e Herbert Spencer (1820-1903), entre outros, desenvolvessem reflexões sobre a sociedade de seu tempo. Auguste Comte e Karl Marx foram os pensadores que lançaram as bases do pensamento sociológico e de duas grandes tradições – a positivista e a socialista – que muito influenciaram o desenvolvimento da Sociologia no Brasil. 1 AUGUSTE COMTE E A TRADIÇÃO POSITIVISTA Isidore Auguste Marie François Xavier Comte nasceu em Montpellier, na França, em 19 de janeiro de 1798. Com 16 anos de idade, ingressou na Escola Politécnica de Paris, fato que teria significativa influência na orientação posterior de seu pensamento. De 1817 a 1824, foi secretário do Conde de Saint-Simon. Comte declarou que, com Saint -Simon, aprendeu muitas coisas que jamais encontraria nos livros e que, no pouco tempo em que conviveu com o conde, fez mais progressos do que faria em muitos anos, se estivesse sozinho. Toda a obra de Comte está permeada pelos acontecimentos que ocorreram após a Revolução Francesa de 1789. Ele defendeu parte dos princípios revolucionários e criticou a restauração da monarquia, preocupando-se fundamentalmente em reorganizar a sociedade, que, no seu entender, estava em ebulição e mergulhada no caos. Para Comte, a desordem e a anarquia imperavam em virtude da confusão de princípios (metafísicos e teológicos), que não se adequavam à sociedade industrial em expansão. Era, portanto, necessário superar esse estado de coisas, usando a razão como fundamento da nova sociedade. Propôs, então, a mudança da sociedade por meio da reforma intelectual plena das pessoas. De acordo com o pensador, com a modificação do pensamento humano, por meio do método científico, que ele chamava de “filosofia positiva”, haveria uma reforma das instituições. Com a proposta do estudo da sociedade por meio da análise de seus processos e estruturas, e da reforma prática das instituições, Comte criou uma nova ciência, à qual deu o nome de “física social”, passando a chamá-la posteriormente de Sociologia. A Sociologia representava, para Comte, o coroamento da evolução do conhecimento, mediante o emprego de métodos utilizados por outras ciências, que buscavam conhecer os fenômenos constantes e repetitivos da natureza: a observação, a experimentação, a comparação e a classificação. De acordo com esse pensador, a Sociologia, como as ciências naturais, deve sempre procurar a reconciliação entre os aspectos estáticos e os dinâmicos do mundo natural ou, no caso da sociedade humana, entre a ordem e o progresso. O lema da “filosofia positiva” proposta por Comte era “conhecer para prever, prever para prover”, ou seja, o conhecimento é necessário para fazer previsões e também para solucionar possíveis problemas. A influência de Comte no desenvolvimento da Sociologia foi marcante, sobretudo, na escola francesa, evidenciando-se em Émile Durkheim e seus contemporâneos e seguidores. Seu pensamento esteve presente em muitas das tentativas de criar tipologias para explicar a sociedade. Suas principais obras são: Curso de filosofia positiva (1830-1842), Discurso sobre o espírito positivo (1848), Catecismo positivista (1852) e Sistema de política positiva (1854). Para concluirmos, Comte explanava que para a superação da anarquia reinante na nova sociedade industrial, a filosofia positivista defendia a subordinação do progresso à ordem. O mesmo era contra o retorno de Luís XVIII ao trono: em sua concepção, a sociedade industrial que emergia requeria um governo fundado na razão. 2 A TRADIÇÃO SOCIALISTA: KARL MARX E FRIEDRICH ENGELS Karl Heinrich Marx nasceu em Tréveris, na antiga Prússia, hoje Alemanha, em 1818 e, em 1830, ingressou no Liceu Friedrich Wilhelm, nessa mesma cidade. Anos depois, foi cursar Direito na Universidade de Bonn, transferindo-se para Berlim em seguida. Pouco a pouco, entretanto, seus interesses migraram para a Filosofia, área na qual defendeu, em 1841, a tese de doutorado A diferença da filosofia da natureza em Demócrito e Epicuro. Sua vida universitária foi marcada pelo debate político e intelectual influenciado pelo pensamento de Ludwig Feuerbach (1804-1872) e, principalmente, pelo de Georg Wilhelm Friedrich Hegel (1770- 1831). Friedrich Engels (1820-1895) nasceu em Barmen (Renânia), na antiga Prússia, hoje Alemanha, filho mais velho de um rico industrial do ramo têxtil. Terminou sua formação secundária em 1837 e a partir de então sua formação intelectual foi por conta própria (autodidata), com alguns cursos universitários esparsos e de curta duração. Desde cedo começou a trabalhar nas empresas de seu pai e foi nessa condição que se deslocou para Bremen por três anos e depois foi enviado pelos pais a Manchester, na Inglaterra, onde trabalhou nas fábricas da família. Engels ficou impressionado com a miséria na qual viviam os trabalhadores das fábricas inglesas. Os dois, Marx e Engels, se encontraram em 1842, quando Marx passou a escrever para A Gazeta Renana, jornal da província de Colônia, do qual Engels era colaborador e mais tarde editor-chefe. O jornal, que criticava o poder prussiano, foi fechado em 1843, e Marx se viu desempregado. Ao perder o emprego, mudou-se para Paris, na França. Ali escreveu, em 1844, os Manuscritos econômico-filosóficos (só publicados em 1932) e, junto com F. Engels, o livro A sagrada família. Por sua vez, F. Engels, em 1844, decidiu voltar para a Alemanha, onde publicou, em 1845, A situação da classe trabalhadora na Inglaterra. Entre 1845 e 1847, Marx exilou-se em Bruxelas, na Bélgica, onde escreveu A ideologia alemã (em parceria com Friedrich Engels) e Miséria da filosofia (1847), obra na qual criticou o filósofo Pierre-Joseph Proudhon (1809-1865). Em 1848, ainda na Bélgica, a parceria com Engels se solidificou ao escreverem juntos o livreto O Manifesto Comunista. Em 1848, Marx foi expulso da Bélgica e retornou a Colônia, na Alemanha (Prússia), sempre pensando na possibilidade de uma mudança estrutural em sua terra natal. Isso, entretanto, não aconteceu e Marx foi expulso da Alemanha em 1849, ano em que migrou para Londres, na Inglaterra, onde permaneceu até o fim da vida. Lá escreveu O 18 Brumário de Luís Bonaparte (1852), sua mais importante obra de reflexão sobre a vida política europeia do século XIX, desenvolveu pesquisas e concluiu seu maior trabalho: O capital: crítica da economia política. O primeiro volume dessa obra foi publicado em 1867; os outros três, em 1885, 1894 e 1905, após a morte de Marx, revisados por F. Engels. 2.1 O contexto histórico e a obra de Marx e Engels Para situar a obra de Marx e Engels, é necessário conhecer um pouco do que acontecia em meados do século XIX. Com as transformações que ocorriam no mundo ocidental, principalmente na esfera da produção industrial, houve um crescimento expressivo no número de trabalhadores industriais urbanos, com uma consequência evidente: precariedade da vida dos operários nas cidades. As condições de trabalho no interior das fábricas eram péssimas. Os empregados eram superexplorados, alimentavam-se mal e trabalhavam em ambientes insalubres. Para enfrentar essa situação e tentar modificá-la, os trabalhadores passaram a se organizar em associações e sindicatos e a promover movimentos de reivindicação. Desenvolveu-se, então, uma discussão das condições sociais, políticas e econômicas para se definirem as possibilidades de intervenção nessa realidade. Desde o início do século XIX, muitos pensadores discutiram essas questões, nas perspectivas socialista e anarquista. Na Inglaterra podem ser citados, entre outros: William Godwin (1756-1836), Thomas Spence (1750-1814), Thomas Paine (1737-1809), Robert Owen (1771-1858) e Thomas Hodgkin (1787-1866). Na França, destacaram-se Étienne Cabet (1788- 1856), Flora Tristan (1803-1844), Charles Fourier (1772-1837) e Pierre-Joseph Proudhon (1809-1865). Marx e Engels levaram em conta esses pensadores, debatendo com alguns contemporâneos e criticando-os. Além disso, incorporaram a tradição da economia clássica inglesa, presente principalmente nas obras de Adam Smith e de David Ricardo. Pode-se dizer, portanto, que Marx e Engels desenvolveram seu trabalho com base na análise crítica da economia política inglesa, do socialismo utópico francês e da filosofia alemã. Esses dois autores não buscavam definir uma ciência específica para estudar a sociedade (como a Sociologia, para Auguste Comte) ou situar seu trabalho em um campo científico particular. Em alguns escritos, Marx afirmou que a História seria a ciência que mais se aproximava de suas preocupações, por abarcar as múltiplas dimensões da sociedade, a qual deveria ser analisada na totalidade, não havendo uma separação rígida entre os aspectos sociais, econômicos, políticos, ideológicos, religiosos, culturais etc. O objetivo de Marx e Engels era estudar criticamente a sociedade capitalista com base em seus princípios constitutivos e em seu desenvolvimento, visando dotar a classe trabalhadora de uma análise política da sociedade de seu tempo. Assim, a tradição socialista nascida da luta dos trabalhadores, muitos anos antes e em situações diferentes, tem como expressão intelectual o pensamento de Karl Marx e Friedrich Engels. Para entender as concepções fundamentais de Marx e Engels é necessário fazer a conexão entre as lutas da classe trabalhadora, suas aspirações e as ideias revolucionárias que estavam presentes no século XIX na Europa. Para eles, o conhecimento científico da realidade só tem sentido quando visa à transformação dessa mesma realidade. A separação entre teoria e prática não é discutida, pois a “verdade histórica” não é algo abstrato e que se define teoricamente; sua verificação está na prática. Apesar de haver algumas diferenças em seus escritos, os elementos essenciais do pensamento de Marx e Engels podem ser assim sintetizados: • historicidade das ações humanas – crítica ao idealismo alemão; • divisão social do trabalho e o surgimento das classes sociais – a luta de classes; • o fetichismo da mercadoria e o processo de alienação; • crítica à economia política e ao capitalismo; • transformação social e revolução; • utopia – sociedade comunista. A obra desses dois autores é muito vasta e não ficou vinculada estritamente aos movimentos sociais dos trabalhadores. Pouco a pouco foi introduzida nas universidades como parte do estudo em diferentes áreas do conhecimento. Estudiosos de Filosofia, Sociologia, Ciência Política, Economia, História e Geografia, entre outras áreas, foram influenciados por ela. Na Sociologia, como afirma Irving M. Zeitlin, no livro Ideología y teoría sociológica, tanto Max Weber quanto Émile Durkheim fizeram, em suas obras, um debate com as ideias de Karl Marx. Pelas análises da sociedade capitalista de seu tempo e a repercussão que tiveram em todo o mundo, principalmente no século XX, nos movimentos sociais e nas universidades, Marx e Engels são considerados autores clássicos da Sociologia. No campo dessa disciplina, porém, o pensamento deles ficou um pouco restrito, pois perdeu aquela relação entre teoria e prática (práxis), ou seja, entre a análise crítica e a prática revolucionária. Essa relação esteve presente, por exemplo, na vida e na obra dos russos Vladimir Ilitch Ulianov, conhecido como Lênin (1870-1924), e Leon D. Bronstein, conhecido como Trotsky (1879-1940), da alemã Rosa Luxemburgo (1871-1919) e do italiano Antonio Gramsci (1891- 1937), que tiveram significativa influência no movimento operário do século XX. Com base no trabalho de Marx e Engels, muitos autores desenvolveram estudos acadêmicos em vários campos do conhecimento. Podemos citar, por exemplo, Georg Lukács (1885-1971), Theodor Adorno (1903-1969), Walter Benjamin (1892-1940), Henri Lefebvre (1901-1991), Lucien Goldmanm (1913 -1970), Louis Althusser (1918 -1990), Nikos Poulantzas (1936-1979), Edward P. Thompson (1924-1993) e Eric Hobsbawm (1917 -2012). O pensamento de Marx e Engels continua, assim, presente em todo o mundo, com múltiplas tendências e variações, sempre gerando controvérsias. REFERENCIAL TEÓRICO GEMKOW, H.; PSUA, I. M. L. Marx e Engels: Vida e Obra. São Paulo: Alfa e Ômega, 1984. 232 pp. GIANOTTI, J. A. Comte. São Paulo: Abril Cultural, 1978. 318 pp. (Col. Os Pensadores) KONDER, L. Marx: vida e obra. 7ª ed. São Paulo: Paz e Terra, 2007. 154 pp. (Col. Vida e Obra). (shrink)

In this paper an Artificial Neural Network (ANN) model, for predicting the category of a tumor was developed and tested. Taking patients’ tests, a number of information gained that influence the classification of the tumor. Such information as age, sex, histologic-type, degree-of-diffe, status of bone, bone-marrow, lung, pleura, peritoneum, liver, brain, skin, neck, supraclavicular, axillar, mediastinum, and abdominal. They were used as input variables for the ANN model. A model based on the Multilayer Perceptron Topology was established and trained using (...) data set which its title is “primary tumor” and was obtained from the University Medical Centre, Institute of Oncology, Ljubljana, Yugoslavia Test data evaluation shows that the ANN model is able to correctly predict the tumor category with 76.67 % accuracy. (shrink)

Is well-being the kind of thing that can be summed across individuals? This paper takes a measurement-theoretic approach to answering this question. To make sense of adding well-being, we would need to identify some natural "concatenation" operation on the bearers of well-being that satisfies the axioms of extensive measurement and can therefore be represented by the arithmetic operation of addition. I explore various proposals along these lines, involving the concatenation of segments within lives over time, of entire lives led alongside (...) one another or in sequence, and of evaluatively basic propositions via conjunction. All of these proposals turn out to carry highly controversial commitments about the good. I do not claim that these commitments are unacceptable. But they suggest that we cannot simply take for granted, as many philosophers do, that there is any such thing as the sum of well-being. (shrink)

The non-identity problem is usually considered in the forward-looking direction but a version of it also applies to the past, due to the fact that even minor historical changes would have affected the whole subsequent sequence of births, dramatically changing who comes to exist next. This simple point is routinely overlooked by familiar attitudes and evaluative judgments about the past, even those of sophisticated historians. I shall argue, however, that it means that when we feel sadness about some historical tragedy, (...) or think of one possible course of history as better than another, these judgments and attitudes can be understood in terms of two opposing perspectives on the past: an impersonal standpoint concerned only with how much value each course of history contains, and a person-centred standpoint concerned with harms and benefits to the people who had actually existed. In this paper, I will set out these radically different visions of what matters in history and point out some of their surprising implications. (shrink)

How should we choose between uncertain prospects in which different possible people might exist at different levels of wellbeing? Alex Voorhoeve and Marc Fleurbaey offer an egalitarian answer to this question. I give some reasons to reject their answer and then sketch an alternative, which I call person-affecting prioritarianism.

According to asymmetric comparativism, it is worse for a person to exist with a miserable life than not to exist, but it is not better for a person to exist with a happy life than not to exist. My aim in this paper is to explain how asymmetric comparativism could possibly be true. My account of asymmetric comparativism begins with a different asymmetry, regarding the (dis)value of early death. I offer an account of this early death asymmetry, appealing to the (...) idea of conditional goods, and generalize it to explain how asymmetric comparativism could possibly be true. I also address the objection that asymmetric comparativism has unacceptably antinatalist implications. (shrink)

The aim of this study was to explore the existence of moral distress among nurses in Lilongwe District of Malawi. Qualitative research was conducted in selected health institutions of Lilongwe District in Malawi to assess knowledge and causes of moral distress among nurses and coping mechanisms and sources of support that are used by morally distressed nurses. Data were collected from a purposive sample of 20 nurses through in-depth interviews using a semi-structured interview guide. Thematic analysis of qualitative data was (...) used. The results show that nurses, irrespective of age, work experience and tribe, experienced moral distress related to patient/nursing care. The major distressing factors were inadequate resources and lack of respect from patients, guardians, peers and bosses. Nurses desire teamwork and ethics committees in their health institutions as a means of controlling and preventing moral distress. There is a need for creation of awareness for nurses to recognize and manage moral distress, thus optimizing their ability to provide quality and uncompromised nursing care. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...) the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

Hubert Dreyfus has argued that cases of absorbed bodily coping show that there is no room for self-awareness in flow experiences of experts. In this paper, I argue against Dreyfus’ maxim of vanishing self-awareness by suggesting that awareness of agency is present in expert bodily action. First, I discuss the phenomenon of absorbed bodily coping by discussing flow experiences involved in expert bodily action: merging into the flow; immersion in the flow; emergence out of flow. I argue against the claim (...) that flow experience does not involve an awareness of agency for each of these features, while conceding that fluent agency does not involve self-awareness in the thetic sense. I challenge the assumption that the awareness of fluent agency must be understood in terms of a thetic awareness of agency. Instead, I develop an Anscombean account of the awareness of fluent agency in terms of the phenomenal character of knowing one’s aims. I respond to the challenge that if an Anscombean account of the awareness of agency is to succeed, then agents must be able to answer Anscombean questions. I consider the objection that awareness of agency is not a form of self-awareness by outlining an account of self-awareness as self-synthesis that is distinct from self-perception and self-ascription, but which makes room for self-awareness in expert bodily action. (shrink)

Cognitive categories in the geographic realm appear to manifest certain special features as contrasted with categories for objects at surveyable scales. We have argued that these features reflect specific ontological characteristics of geographic objects. This paper presents hypotheses as to the nature of the features mentioned, reviews previous empirical work on geographic categories, and presents the results of pilot experiments that used English-speaking subjects to test our hypotheses. Our experiments show geographic categories to be similar to their non-geographic counterparts in (...) the ways in which they generate instances of different relative frequencies at different levels. Other tests, however, provide preliminary evidence for the existence of important differences in subjects’ categorizations of geographic and non-geographic objects, and suggest further experimental work especially with regard to the role in cognitive categorization of different types of object-boundaries at different scales. (shrink)

In Flourish, the positive psychologist Martin Seligman (2011) identifies five commonly recognized factors that are characteristic of human flourishing or wellbeing: (1) “positive emotion,” (2) “relationships,” (3) “engagement,” (4) “achievement,” and (5) “meaning” (p. 24). Although there is no settled set of necessary and sufficient conditions neatly circumscribing the bounds of human flourishing (Seligman, 2011), we would mostly likely consider a person that possessed high levels of these five factors as paradigmatic or prototypical of human flourishing. Accordingly, if we wanted (...) to go about the practical task of actually increasing our level of wellbeing, we ought to do so by focusing on practically increasing the levels of the five factors that are characteristic of wellbeing. If, for instance, an activity such as musical engagement can be shown to positively influence each or all of these five factors, this would be compelling evidence that an activity such as musical engagement can positively contribute to one’s living a flourishing life. I’m of the belief that psychological research can and should be used, not only to identify and diagnose maladaptive psychological states, but identify and promote adaptive psychological states as well. In this article I advance the hypothesis and provide supporting evidence for the claim that musical engagement can positively contribute to one’s living a flourishing life. Since there has not yet been a substantive and up-to-date investigation of the possible role of music in contributing to one’s living a flourishing life, the purpose of this article is to conduct this investigation, thereby bridging the gap and stimulating discussion between the psychology of music and the psychology of wellbeing. (shrink)

Cognitive categories in the geographic realm appear to manifest certain special features as contrasted with categories for objects at surveyable scales. We have argued that these features reflect specific ontological characteristics of geographic objects. This paper presents hypotheses as to the nature of the features mentioned, reviews previous empirical work on geographic categories, and presents the results of pilot experiments that used English-speaking subjects to test our hypotheses. Our experiments show geographic categories to be similar to their non-geographic counterparts in (...) the ways in which they generate instances of different relative frequencies at different levels. Other tests, however, provide preliminary evidence for the existence of important differences in subjects’ categorizations of geographic and non-geographic objects, and suggest further experimental work especially with regard to the role in cognitive categorization of different types of object-boundaries at different scales. (shrink)

According to the person-affecting restriction, one distribution of welfare can be better than another only if there is someone for whom it is better. Extant problems for the person-affecting restriction involve variable-population cases, such as the nonidentity problem, which are notoriously controversial and difficult to resolve. This paper develops a fixed-population problem for the person-affecting restriction. The problem reveals that, in the presence of incommensurable welfare levels, the person-affecting restriction is incompatible with minimal requirements of impartial beneficence even in fixed-population (...) contexts. (shrink)

Are living organisms--as Descartes argued--just machines? Or is the nature of life such that it can never be fully explained by mechanistic models? In this thought-provoking and controversial book, eminent geophysicist Walter M. Elsasser argues that the behavior of living organisms cannot be reduced to physico-chemical causality. Suggesting that molecular biology today is at the same point as Newtonian physics on the eve of the quantum revolution, Elsasser lays the foundation for a theoretical biology that points the way toward a (...) natural philosophy of organic life. Explicitly repudiating "vitalism" (the notion that the laws of nature need to be modified when applied to living organisms), Elsasser argues instead that the structural complexity of even a single living cell is "transcomputational"--that is, beyond the power of any imaginable system to compute. Beginning from this insight, Elsasser leads the reader through a step-by-step process that ultimately arrives at the conclusion that living and non-living matter are separated by "a no-man's land of irrationality." Trained in Germany as a physicist, Elsasser first pondered the implications of quantum mechanics for biology as early as 1951. The more closely he studied the inherent complexity of life, the more skeptical he became of the reductionist view of organisms as tiny machines. "An organism," he concluded, "is a source of causal chains which cannot be traced beyond a terminal point because they are lost in the unfathomable complexity of the organism." Like the physicist who works within the bounds of an unfathomable universe, Elsasser argues, the biologist must seek answers within a system that is no less unfathomable. (shrink)

Ontology, since Aristotle, has been conceived as a sort of highly general physics, a science of the types of entities in reality, of the objects, properties, categories and relations which make up the world. At the same time ontology has been for some two thousand years a speculative enterprise. It has rested methodologically on introspection and on the construction and analysis of elaborate world-models and of abstract formal-ontological theories. In the work of Quine and others this ontological theorizing in abstract (...) fashion about the world was supplemented by the study, based on the use of logical methods, of the ontological commitments or presuppositions embodied in scientific theories. In recent years both types of ontological study have found application in the world of information systems, for example in the construction of frameworks for knowledge representation and in database design and translation. As ontology is in this way drawn closer to the domain of real-world applications, the question arises as to whether it is possible to use empirical methods in studying ontological theories. More specifically: can we use empirical methods to test the ontological theories embodied in human cognition? We set forth the outlines of a framework for the formulation and testing of such theories as they relate to the specific domain of geographic objects and categories. (shrink)

The article studies the impact of Fintech on entrepreneurship in Arabic region by using Crowdfunding platforms as the field of study. The article focuses on Arabic Crowdfunding platforms. The population of (12) platforms consist of: individuals, entrepreneurs, investors, employees at Crowdfunding platforms. Descriptive and quantitative approach used in this article, and a questionnaire used as a tool to collect primary data. The results indicate an impact for Fintech on entrepreneurship in general and obvious obstacles to use it widely in Arabic (...) region cause of legislations or e-payments. The article recommended more awareness for innovative products and services such as Fintech, Crowdfunding and adopting the culture of e-business models. Also the article promoting the process of developing regulations that organize e-business models, especially Fintech and Crowdfunding, the use of modern communication technology to serve the development of society, more interest to innovation and creativity as a key factor for entrepreneurial success. (shrink)

It is commonly assumed that grounding relations are asymmetric. Here I develop and argue for a theory of metaphysical structure that takes grounding to be nonsymmetric rather than asymmetric. Even without infinite descending chains of dependence, it might be that every entity is grounded in some other entity. Having first addressed an immediate objection to the position under discussion, I introduce two examples of symmetric grounding. I give three arguments for the view that grounding is nonsymmetric (I call this view (...) ‘metaphysical interdependence’). These arguments are: (i) that metaphysical interdependence is the only theory able to reconcile competing intuitions about grounding; (ii) that it is the only theory consistent with both ‘gunk’ and ‘junk’; and (iii) that offers a satisfactory solution to the problem concerning whether or not grounding is itself grounded. (shrink)

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate a (...) new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

This paper explores a middle way between realism and eliminativism about grounding. Grounding-talk is intelligible and useful, but it fails to pick out grounding relations that exist or obtain in reality. Instead, grounding-talk allows us to convey facts about what metaphysically explains what, and about the worldly dependence relations that give rise to those explanations.

The emerging field of quantum mereology considers part-whole relations in quantum systems. Entangled quantum systems pose a peculiar problem in the field, since their total states are not reducible to that of their parts. While there exist several established proposals for modelling entangled systems, like monistic holism or relational holism, there is considerable unclarity, which further positions are available. Using the lambda operator and plural logic as formal tools, we review and develop conceivable models and evaluate their consistency and distinctness. (...) The main result is an exhaustive taxonomy of six distinct and precise models that both provide information about the mereological features as well as about the entangled property. The taxonomy is well-suited to serve as the basis for future systematic investigations. (shrink)

Attempts to elucidate grounding are often made by connecting grounding to metaphysical explanation, but the notion of metaphysical explanation is itself opaque, and has received little attention in the literature. We can appeal to theories of explanation in the philosophy of science to give us a characterization of metaphysical explanation, but this reveals a tension between three theses: that grounding relations are objective and mind-independent; that there are pragmatic elements to metaphysical explanation; and that grounding and metaphysical explanation share a (...) close connection. Holding fixed the mind-independence of grounding, I show that neither horn of the resultant dilemma can be blunted. Consequently, we should reject the assumption that grounding relations are mind-independent. (shrink)

Issues on plagiarism among pre-service teachers (PSTs) have increased in modular and online learning. To confirm this, the study determined the PSTs’ level of awareness on plagiarism; their knowledge on referencing and citation; and the correlation between their level of awareness on plagiarism and knowledge on referencing and citation, with their academic performance. The study employed a descriptive-correlational research design participated by 235 PSTs randomly sampled through strata. The data were gathered through a web-based survey. Results showed that the PSTs’ (...) level of awareness of plagiarism was moderate, while the majority have fair knowledge in referencing and citation. Also, results showed a significant relationship among the level of awareness on plagiarism, knowledge on referencing and citation, and academic performance. It is recommended that institutions equip librarians and educators to teach PSTs about citation and referencing skills. Besides, the institution should make sure that a policy is implemented to pursue academic integrity. This policy must articulate the various types of plagiarism, plagiarism measurement, and fair and consistent disciplinary actions. (shrink)

The possibility that nothing really matters can cause much anxiety, but what would it mean for that to be true? Since it couldn’t be bad that nothing matters, fearing nihilism makes little sense. However, the consequences of belief in nihilism will be far more dramatic than often thought. Many metaethicists assume that even if nothing matters, we should, and would, go on more or less as before. But if nihilism is true in an unqualified way, it can’t be the case (...) that we should go on as before. And given some plausible assumptions about our psychology, it’s also unlikely that we would go on as before: belief in nihilism will lead to loss of evaluative belief, and that will lead to loss or deflation of our corresponding subjective concerns. Now if nothing matters, then this consequence also wouldn’t matter. But this consequence will be extremely harmful if we believe in nihilism but things do matter, an asymmetry that gives us, in Pascalian fashion, pragmatic reasons not to believe in nihilism, and reasons not to try to find out whether it is really true. (shrink)

This work introduces the framework for selecting architecture in 5G networks, considering various technological, performance, economic, and operational factors. With the emergence of 5G technology, the architecture selection process has become pivotal in meeting diverse requirements for ultra-high-speed connectivity, low latency, scalability, and diverse service demands. The evaluation comprehensively analyses different architecture options, including centralized, distributed, cloud-based, and virtualized architectures. Factors such as network performance, scalability, cost-effectiveness, security, and compatibility are considered within a multi-criteria decision-making framework. Findings reveal each architecture (...) option's diverse strengths and limitations, emphasizing the importance of aligning architectural choices with specific use cases, deployment scenarios, and business objectives. We used the concept of multi-criteria decision-making (MCDM) methodology to control the various criteria. We used the single-valued neutrosophic set (SVNS) to deal with vague and inconsistent data. The SVNS is integrated with the hyperSoft set. The proposed methodology uses a single-valued neutrosophic hyperSoft set (SVNHSS) to select the best 5G architecture. We used the VIKOR method as an MCDM method to rank the alternatives. The proposed framework provides stakeholders with a structured methodology to evaluate and prioritize architecture options, facilitating informed decision-making in the complex landscape of 5G network deployments. (shrink)

So-called theories of well-being (prudential value, welfare) are under-represented in discussions of well-being. I do four things in this article to redress this. First, I develop a new taxonomy of theories of well-being, one that divides theories in a more subtle and illuminating way. Second, I use this taxonomy to undermine some misconceptions that have made people reluctant to hold objective-list theories. Third, I provide a new objective-list theory and show that it captures a powerful motivation for the main competitor (...) theory of well-being (the desire-fulfilment theory). Fourth, I try to defuse the worry that objective-list theories are problematically arbitrary and show how the theory can and should be developed. (shrink)

The purpose of this research is to identify the extent of the efficiency of the internal control environment in the Palestinian higher educational institutions in Gaza Strip from the perspective of employees in the Palestinian universities in Gaza Strip, where researchers used in the study five universities. The researchers adopted in their study the descriptive and analytical approach. The research community consists of administrative employees and academic employees with administrative duties. Senior management or the University Council was excluded. The study (...) population compromises of (392) employees. A stratified random sample was chosen and (197) questionnaires were distributed. (160) questionnaires were received back with a return rate of (81.2%).The researchers used a questionnaire to collect that which then was analyzed using (SPSS) to get the results. The research found the following results: the absence of a fundamental difference between the responses of males and females. The lack of significant difference between the responses of the respondents attributed to the variable age. The lack of significant difference between the responses of the respondents attributed to the variable of years of service. And the existence of a fundamental difference between the responses of the respondents attributed to the university variable. The existence of a fundamental difference between the responses of the respondents attributed to the Qualification variable. The existence of a fundamental difference between the responses of the respondents attributed to the administrative level variable. The research found a group of recommendations including: the need to raise awareness of censorship as the basis for the protection of employees in all administrative levels from making mistake.Updating the systems and instructions of control periodically and parallel with the scientific progress and technology.Benefit from regional and international experiences in the application of internal control standards which commensurate with the administrative system of the institution. (shrink)

Abstract: Ensuring the proactive detection of transaction risks is paramount for financial institutions, particularly in the context of managing credit scores. In this study, we compare different machine learning algorithms to effectively and efficiently. The algorithms used in this study were: MLogisticRegressionCV, ExtraTreeClassifier,LGBMClassifier,AdaBoostClassifier, GradientBoostingClassifier,Perceptron,RandomForestClassifier,KNeighborsClassifier,BaggingClassifier, DecisionTreeClassifier, CalibratedClassifierCV, LabelPropagation, Deep Learning. The dataset was collected from Kaggle depository. It consists of 164 rows and 8 columns. The best classifier with unbalanced dataset was the LogisticRegressionCV. The Accuracy 100.0%, precession 100.0%,Recall100.0% and the F1-score (...) 100.0%. However, the best classifier with balanced dataset was the LogisticRegressionCV. The Accuracy 100.0%, precession 100.0%, Recall 100.0% and the F1-score 100.0%. (shrink)

Technological advancement makes translation convenient due to the emergence of various translation tools. This Explanatory-Sequential study aims to determine the preference and the factors affecting the preference of Filipino and Foreign college students toward the Online Translation Tool. Likewise, it also aimed to identify if there is a significant difference between the respondents' choices. To acquire the data, the researchers used a survey conducted on 15 Filipino and foreign collegiate students enrolled in universities in Manila and a focus group discussion (...) among 3 Filipino students. The transcribed data were analyzed using Thematic Analysis. Moreover, the results of the quantitative data revealed that Google Translate was the preferred Online Translation Tool of Filipino and Foreign students for the reason of accessibility, user-friendliness, and the tendency of users to brand bias. The reasons presented in quantitative data are strengthened by the themes identified in the qualitative data. The three prevailing themes of Brand Bias, Accessibility, and Accuracy constituted the central theme of User Friendliness. It was identified through the Chi-Square Test that there is no significant difference among respondents' preferences (0.345 P-Value) toward online Translation software. (shrink)

This discussion treats a set of familiar social derelictions as consequences of the perversion of a universalistic moral theory in the service of an ill-considered or insufficiently examined personal agenda.The set includes racism, sexism, anti-Semitism, homophobia, and class elitism, among other similar pathologies, under the general heading of discrimination. The perversion of moral theory from which these derelictions arise, I argue, involves restricting its scope of application to some preferred subgroup of the moral community of human beings. -/- The following (...) analysis of higher-order discrimination suggests that we often select the individuals who constitute such subgroups for reasons that we ourselves would reject on moral grounds were we to examine them carefully, but that we choose instead to put our rational resources in the service of avoiding any such examination at all costs. The implication is that arguments that truncate the scope of moral theory in fact justify bestowing the gift of moral treatment on a select few who deserve it no more than the many from whom we withhold it. Therefore, it would be precipitous to conclude that universalistic moral theory can be legitimately restricted in its practical scope of application in any way at all. (shrink)

Alasia Nuti’s important recent book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, makes many persuasive interventions. Nuti shows how structural injustice theory is enriched by being explicitly historical; in theorizing historical-structural injustice, she lays bare the mechanisms of how the injustices of history reproduce themselves. For Nuti, historical-structural patterns are not only shaped by habitual behaviors that are or appear to be morally permissible, but also by individual wrongdoing and wrongdoing by powerful group agents like states. (...) In this article, I extend Nuti’s rich analysis, focusing on two questions that arise from her theory of historical-structural injustice: Beyond being blameworthy for wrongful acts themselves, are culpable wrongdoers blameworthy for contributing to structural injustice? Does historical moral ignorance mitigate moral responsibility for past injustice? Regarding, I distinguish between the local and societal structural effects of wrongdoing. Though I think this distinction is well-founded, it ultimately leads to tensions with structural injustice theory’s idea of ordinary individuals being blameless for reproducing unjust structures. Regarding, I argue that even though it is natural for the question of historical moral ignorance to arise in considering past wrongdoing, at least in the case of powerful group agents, we should not overlook forms of cruelty which present-day moral concepts are not needed to condemn. (shrink)

It is traditional to ascribe to Locke the view that every person who acquires natural property rights by labouring on resources is obligated to leave sufficient resources for everyone else. But during the last several decades, a number of authors have contributed to a compelling textual case against this reading. Nevertheless, Locke clearly indicates that there is something wrong with distributions in which some suffer while others thrive. But if he does not endorse the traditional proviso, what exactly is the (...) problem? In this paper, I offer a solution to this puzzle. I argue that according to Locke, once people use their natural rights to acquire large properties, many individuals are unable to enjoy the material and moral wellbeing, or “preservation,” that is the end of natural law. For even if such large properties pose no problem for material preservation, they foster arbitrary power that offends against moral preservation. (shrink)

Neuroscience and psychology have recently turned their attention to the study of the subpersonal underpinnings of moral judgment. In this article we critically examine an influential strand of research originating in Greene's neuroimaging studies of ‘utilitarian’ and ‘non-utilitarian’ moral judgement. We argue that given that the explananda of this research are specific personal-level states—moral judgments with certain propositional contents—its methodology has to be sensitive to criteria for ascribing states with such contents to subjects. We argue that current research has often (...) failed to meet this constraint by failing to correctly ‘fix’ key aspects of moral judgment, criticism we support by detailed examples from the scientific literature. (shrink)

It is well-known that the entangled quantum state of a composite object cannot be reduced to the states of its parts. This quantum holism provides a peculiar challenge to formulate an appropriate mereological model: When a system is in an entangled state, which objects are there on the micro and macro level, and which of the objects carries which properties? This paper chooses a modeling approach to answer these questions: It proceeds from a systematic overview of consistent mereological models for (...) entangled systems and discusses which of them is compatible with the quantum mechanical evidence (where quantum states are understood realistically). It reveals that entangled quantum systems neither describe undivided wholes nor objects that stand in irreducible relations. The appropriate model assumes that the entangled property is an irreducible non-relational plural property carried collectively by the micro objects, while there is no macro object. In this sense, quantum holism is an instance of property holism, not of object holism. (shrink)

An inquiry on the training needs in Mathematics was conducted to Laura Vicuña Center - Palawan (LVC-P) learners. Specifically, this aimed to determine their level of performance in numbers, measurement, geometry, algebra, and statistics, identify the difficulties they encountered in solving word problems and enumerate topics where they needed coaching. -/- To identify specific training needs, the study employed a descriptive research design where 36 participants were sampled purposively. The data were gathered through a problem set test and focus group (...) discussion. Findings revealed that LVC-P learners had an unsatisfactory performance in numbers, measurement, and statistics while alarmingly poor in geometry and algebra. They also faced difficulties in remembering, understanding, applying, and analyzing mathematical concepts when solving problems. Further, the learners were able to name certain topics subjected to tutorials. -/- The above facts and observations suggest that learners of LVC-P have urgent training needs in Mathematics. It is recommended that the Western Philippines University - College of Education RDE Unit continue its research, development, and extension services to LVC-P. More importantly, the results of this inquiry regarding the training needs of the learners will serve as bases for conducting an extension project and development program for LVC-P. Series of tutorial sessions is deemed necessary to address the needs and difficulties of the learners. (shrink)

Bestrewn with relics of subjugation, the frameworks that hinge on social progress have failed to appraise the plight of the marginalized in the democratic discourse. This is the case in the Philippines, as in other fringed spaces caught in hegemonic world-building. In this setup, emancipation is anchored in salvific attempts – salvaging the marginalized from a messianic standpoint. This tends to produce a pejorative image of the marginalized as incapable of self-determination. I argue in a three-part discussion: (1) reexamine the (...) locus of the margin in critical theorizing; (2) retrace the act of recognition vis-à-vis the emancipative struggle; (3) present that the lifeworld of the marginalized offers redemptive alternatives for emancipation. Further, I argue that this offers a foremost framework in critical theorizing at the margin since their situatedness affords a stance that has not formed a patina of the West but is primarily informed by their rich local periphery. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

Ethics should guide the design of electronic health records (EHR), and recognized principles of bioethics can play an important role. This approach was adopted recently by a team of informaticists designing and testing a system where patients exert granular control over who views their personal health information. While this method of building ethics in from the start of the design process has significant benefits, questions remain about how useful the application of bioethics principles can be in this process, especially when (...) principles conflict. For instance, while the ethical principle of respect for autonomy supports a robust system of granular control, the principles of beneficence and non-maleficence counsel restraint due to the danger of patients being harmed by restrictions on provider access to data. Conflict between principles has long been recognized by ethicists and has even motivated attacks on approaches that state and apply principles. In this paper we show how using ethical principles can help in the design of EHRs by first, explaining how ethical principles can and should be used generally, and then by, discuss how attention to details in specific cases can show that the tension between principles is not as bad as it initially appeared. We conclude by suggesting further ways in which the application of these (and other) principles can add value to the ongoing discussion of patient involvement in their health care. This is a new approach to linking principles to informatics design that we expect will stimulate further interest. (shrink)

Book reviewed in this article: The Seven Deadly Sins: Society and Evil. By Stanford M. Lyman. The Seven Deadly Sins Today. By Henry Fairlie.

I examine Hume’s ‘construal of the basic structure of human agency’ and his ‘analysis of human agency’ as they arise in his investigation of causal power. Hume’s construal holds both that volition is separable from action and that the causal mechanism of voluntary action is incomprehensible. Hume’s analysis argues, on the basis of these two claims, that we cannot draw the concept of causal power from human agency. Some commentators suggest that Hume’s construal of human agency is untenable, unduly skeptical, (...) or uniquely entailed by the limits of empiricism. However, as I argue, these criticisms depend either on a misunderstanding of Hume’s analysis of human agency or on a neglect of the historical context of his view. (shrink)

Political short-termism costs the global economy hundreds of billions to trillions of dollars annually, and leads to many millions of deaths from disasters and suboptimal spending. In this paper, I propose a futures assembly explicitly incentivised to promote the interests of future generations as a promising strategy to ameliorate short-termism. The assembly I propose is governed by citizens randomly selected from among the populace, who are rewarded in the future to the extent that they successfully promote the welfare of future (...) generations. The most initially promising such retrospective accountability mechanism is an iterated mechanism, in which each generation of policymakers rewards the previous generation for their policy choices and for their own evaluation of the previous generation. Such an assembly, supplemented with the duties, powers, and tools that I describe, and with appropriate support from archivists and experts, may manage to represent generations many years into the future. (shrink)