Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) (...) deny liability to them. I will suggest an explanation for Nino's irrevocability claim. (shrink)

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.

Seit 2018 regt sich im anglo-amerikanischen Raum vermehrt das Interesse, Sport als quasi-rechtliches Regelsystem zu untersuchen. Man geht davon aus, dass die Probleme und Lösungen in Sportsystemen den Vergleich mit Rechtssystemen erlauben. Tagungen, Aufsätze und Bücher zum Thema „Jurisprudence of Sport“ deuten darauf hin, dass hier ein neuer Forschungsbereich entsteht. Dieser Beitrag bietet eine Einführung in die Thematik.

Both of Gettier's examples are not representative of situations in which we would claim knowledge – we do not use language in this way. Therefore, Gettier has not shown that justified true belief is insufficient for knowledge. I am not denying that there is a problem about the definition of knowledge. Several decades earlier, Russell dealt with this problem, using a stopped clock to illustrate it.

In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...) second premise explains why individuals are presumed to 'know' new legislation. (shrink)

Robin Dembroff (Real Talk about the Metaphysics of Gender, 2018) believes that ‘non-binary’ is a social kind. I have my doubts about this, but if it is a social kind, then it is a very special one. The membership conditions of the social kind ‘non-binary’ are only accessible to non-binary persons. They establish and police their own membership conditions (Dembroff 2018: 36f.): ‘Individuals are granted authority over their gender kind membership.’ So, if this is indeed a ‘social kind’, then it (...) is a highly unusual one. (shrink)

Gaunilo presents Anselm with a dilemma in section 7 of his Responsio: I know most certainly that I exist. But If I cannot think my non-existence at the same time, then Anselm's claim in Proslogion 3 (that my inability to think God's non-existence, while knowing most certainly that He exists, is a unique property of God) would be false. If I can do so, however, then I should also be able to know most certainly that God exists and, at the (...) same time, think his non-existence. I will show that Anselm's response to Gaunilo's attack is not adequate because it does not address the issue of certainty, which is at the heart of Gaunilo's objection. (shrink)

In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this is (...) the consent which Nino employs. I argue that Nino’s conception of consent in crime exhibits many common features of “everyday” consent, which justify that it be classed as a form of (implied) consent. h us, Nino is right to claim that the consent in crime is similar to the consent in contracts and to the consent to assume a risk in tort law. (shrink)

This is a collection of essay on transgender issues: Law, Language, Sport, and Metaphysics. [3rd edition, extended and updated, 2023].

This collection of essays approaches the issue of crime from the perspective of criminology, which is traditionally concerned with the nature and causes of crime. Radical or Marxist criminology (RMC) became prominent in the late 60s. This strand of criminology is concerned with how class formation, class structure and crime are related. It is assumed that the motivation to commit crimes is not innate to individuals but is a result of social conditions. RMC’s most important premise is that the structure (...) of the production process shapes the construction of various classes as well as shaping a concomitant power structure (i.e., who owns the means of production and who controls the labour power). Most importantly, for the discussion of crime, economic power can be translated into political power (e.g., through lobbying or funding of political campaigns/candidates). (shrink)

In 2004 in Prague, I met Slovak philosopher Miroslav Marcelli, who had attended Foucault's lectures in Paris in 80s. We talked about the legacy of Foucault and contemporary philosophy. Mr. Marcelli taught me philosophy at Comenius University in 1995.. I never visited his lectures, I only passed the exam.. The most interesting point was his answer to my 'provocations' replicating the common prejudice about impracticability of the philosophy. He answered "Do you think that e.g. Descartes didn't know about it?" (...) In fact, people tend to think that philosophers or mathematicians, are "asocial" without "social" intelligence, while their occasional isolation (e.g. Nietzsche) is a product of social exclusion, rather than their choice. In 2013 I applied Foucault's concept of Discontinuity to short 10 minutes movie: Discontinuity, projected in my exhibition "From Animation" in Holland Park, London. The film has 3 parts, ends as it starts to show the significant historical events in 4 windows, when the same idea appears to disappear to re-appear.. Foucault's philosophy doesn't seem to me so unique now, e.g. the idea that many historical changes or progress itself is often illusionary - masking the power structure, had already been explored 515 BC, in depth by Parmenides who concluded: the change is impossible. (shrink)

Johann Eck (1486–1543) has been introduced to modern scholarship as a prominent figure of the pre-Tridentine Counter-Reformation. As part of the curricular transformations of the University of Ingolstadt, he wrote commentaries on logical and scientific works by Aristotle and Peter of Spain. Utilising a variety of sources, the two volumes dedicated to physics and natural philosophy published in 1518 and 1519 were self-contained textbooks including annotated translations of the texts and quaestio-commentaries. These developed the doctrines of the Oxford Calculators mediated (...) through Continental sources, reproducing their conceptual and mathematical apparatus, including the famous middle degree theorem and Bradwardine’s law. (shrink)

The traditional picture of the development of analytical philosophy, represented especially by such thinkers as G. Frege, G. E. Moore, B. Russell or R. Carnap, whose attitude was generally anti-metaphysical, can, on closer study, be shown to be incomplete. This article treats of the Cracow circle – a group of Polish philosophers among whom are, above all, to be counted J. Salamucha, J. M. Bocheński, J. F. Drewnowski, and B. Sobociński, who were, at the beginning of the twentieth century, fascinated (...) by the development of modern formal logic and its application to philosophical thinking. They also attempted to apply it to Catholic philosophy. The result of their endeavours were many remarkable works introducing not only a defence of the use of modern philosophical approaches in Christian thought, but also the reconstruction, by means of formal logic, of significant proofs given by Scholastic authors. (shrink)

According to Aristotle, democracy and oligarchy are empirically the most widespread and analytically fundamental ‘constitutions’. I analyse how in different places in his Politics Aristotle ‘positively’ defines and differentiates between democracy and oligarchy. At the same time, I substantiate in detail a new interpretation of Aristotle’s view that significantly differs from the current interpretation. ‘Combining’ the elements, procedures, and principles of democracy and oligarchy gives rise to mixed ‘constitutions’, a special place among which is occupied by the polity or republic, (...) which is the best regime ‘for most states and for most people’. I show the ways in which, according to Aristotle, it is possible to form such a regime. Carl Schmitt and, later somewhat differently, Bernard Manin draw a link between Aristotle’s mixed regime and the representative democracies of today. (shrink)

While classical neo-positivists reject any role for traditionally understood values in science, Kuhn identifies five specific values as criteria for assessing a scientific theory; this approach has been further developed by several other authors. This paper focuses on Helen Longino, who presents a significant contemporary critique of Kuhn’s concept. The most controversial aspect of Longino’s position is arguably her claim that the criterion of empirical adequacy is the least defensible basis for assessing theories. The de-emphasizing of the importance of external (...) consistency as a value and the introduction of socio-political considerations into the processes of an assessment of scientific theories are also considered problematic issues. I provide arguments against Longino’s conception, identify some of its problems, and argue for refusal of her approach. (shrink)

We often encounter the term “post-truth situation” in quite different contexts. This paper compares existing approaches to the term, reviewing sources of this notion in different domains and fundametally identifying its conceptual core. The starting point is the analysis of the recent transformation of the relationship between scientific fact and the political sphere and the change of the role of experts in relationship to society. The next section focuses on the role of digital and especially social media in the emergence (...) of the post-truth society and some important phenomena that are constitutive for the post-truth society in the information arena. Subsequently, we identify other sources of post-truth situations in the economic sphere, which is related to globalization, and also in the field of postmodern philosophy. (shrink)

Many philosophers of science have maintained that science should be value-free; still others believe that such ideal is neither achievable nor desirable for science. Hugh Lacey is presently one of the main supporters of the idea of value-free science and his theory is probably the most debated today and attracts the most attention and criticism. Therefore, in this text, I will primarily analyze his theory of value-free science. After briefly defining the notion of value I highlight which strategy Lacey chooses (...) to lay a firm foundation for the concept of science without value, with his starting point being the differentiation between cognitive and non-cognitive values. Then I describe three basic characteristics of Lacey’s value-free science: impartiality, neutrality, and autonomy. However, the overall plan and design of his project, together with some concrete steps he takes, are not without problems in our view. I will try to point out some of these problematic issues and provide brief suggestions for alleviating them. (shrink)

I confront arbitrariness of the sign to a criterion assessing the quality of language, logical system, psychometrics and art.

The research presented in this article is motivated by the increasing importance of complex human relations in linked data, either extracted from social networks, or found in existing databases. The FOAF vocabulary, targeted in our research, plays a central role in those data, and is a model for lightweight ontologies largely used in linked data, such as the DBpedia ontology and schema-org. We provide an overview of FOAF and other approaches for describing human relations, followed by a detailed analysis and (...) critique of the FOAF Relationship Vocabulary, the most important FOAF extension. We propose an explicit formal axiomatization of this vocabulary, and an ontological analysis concerning the properties used to describe human relationships. We analyze the distribution of human relations based on their epistemological status, and define an ontoepistemic meta-property as characteristic of some of these predicates. Our analysis is generalizable to semantic modeling of social networks. Additionally, the modeling patterns used in other relevant linked data vocabularies are analyzed for comparison. (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law as (...) the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

One element in the choice of a constitutional design or model of democracy is the criterion of efficiency. Different political scientists, however, understand the word ‘efficiency’ in different ways. The author suggests a distinction between its two main meanings: (1) efficiency-action capacity and (2) effectiveness-socioeconomic performance. It is not just socio-economic effectiveness that is important, but also political efficiency-action capacity. Efficiency-action capacity is closely linked with the theory of democracy put forward by Schumpeter and adopted by the majority of political (...) scientists today. Thus efficiency is essential not only for the government (in that it simplifies the operation of power) but also, and even more importantly, for the governed, for the citizens (in that it simplifies the choice and peaceful removal of the rulers, i.e. the executive). (shrink)

Lidská práva jsou v současné době předmětem řady komplexních otázek, které jsou politické, sociální či právní povahy. Abychom na otázky mohli smysluplně odpovídat, musíme brát ohled i na obecnější filosofické souvislosti a mít jasnější představu o tom, co lidská práva jsou a na jakých základech stojí. V předkládaném textu si klademe otázku, zdali máme v současné době k dispozici plně filosoficky fundovanou koncepci založení a legitimizace lidských práv. Předkládáme postupně různé současné přístupy, které jsou kandidáty na řešení tohoto problému a (...) přinášíme jejich kritické zhodnocení. Východiskem je pro nás představa lidských práv jako evidentních pravd a od ní odvozené přístupy zakládající je na racionální či emocionální evidenci. Dále se věnujeme možnosti náboženského založení lidských práv, přístupům přirozenoprávním, utilitaristickým a koncepcím vycházejícím z pojmu důstojnosti. Stručně jsou zmíněny i některé další související teorie a historický kontext analyzovaných pojetí. V závěru na položenou otázku odpovídáme, že zcela uspokojivá filosofická teorie lidských práv stále není k dispozici, a přinášíme také vlastní doporučení pro řešení předložených problémů zkoumaných teorií. (shrink)

This paper focuses on the early sixteenth-century epistemic logic developed by John Mair’s circle and discusses iterated epistemic modalities, epistemic closure and Bradwardinian semantics related to the logic of epistemic statements. These topics are addressed as part of setting up and solving epistemic sophisms based on traditional scenarios which can be traced back to fourteenth-century British epistemic logic. While the ultimate source for the debate appears to be the second chapter of William Heytesbury’s Regule solvendi sophismata, the immediate source is (...) the Italian editorial, commentarial and philosophical tradition, notably Paul of Venice and Cajetan of Thiene. (shrink)

Although there have been efforts to integrate Semantic Web technologies and artificial agents related AI research approaches, they remain relatively isolated from each other. Herein, we introduce a new ontology framework designed to support the knowledge representation of artificial agents’ actions within the context of the actions of other autonomous agents and inspired by standard cognitive architectures. The framework consists of four parts: 1) an event ontology for information pertaining to actions and events; 2) an epistemic ontology containing facts about (...) knowledge, beliefs, perceptions and communication; 3) an ontology concerning future intentions, desires, and aversions; and, finally, 4) a deontic ontology for modeling obligations and prohibitions which limit agents’ actions. The architecture of the ontology framework is inspired by deontic cognitive event calculus as well as epistemic and deontic logic. We also describe a case study in which the proposed DCEO ontology supports autonomous vehicle navigation. (shrink)

Recenze: Jean-Henri FABRE, Život pavouka. Praha: Volvox Globator 2011, 196 s..

Most people will not be familiar with the term ‘jurisprudence of sport’ (JOS). The idea is that looking at sport through the eyes of a legal scholar might illuminate our understanding of certain problems in sport (and vice versa). The term was first introduced in 2011, in the title of a paper by Mitchell N. Berman, who is also a contributor to this book. In the present volume we have contributions from around the world: Italy, Spain, Germany, Australia, Great Britain, (...) the US and the Netherlands, by authors of various nationalities. (shrink)

When reusing existing ontologies for publishing a dataset in RDF (or developing a new ontology), preference may be given to those providing extensive subcategorization for important classes (denoted as focus classes). The subcategories may consist not only of named classes but also of compound class expressions. We define the notion of focused categorization power of a given ontology, with respect to a focus class and a concept expression language, as the (estimated) weighted count of the categories that can be built (...) from the ontology’s signature, conform to the language, and are subsumed by the focus class. For the sake of tractable initial experiments we then formulate a restricted concept expression language based on existential restrictions, and heuristically map it to syntactic patterns over ontology axioms (so-called FCE patterns). The characteristics of the chosen concept expression language and associated FCE patterns are investigated using three different empirical sources derived from ontology collections: first, the concept expression pattern frequency in class definitions; second, the occurrence of FCE patterns in the Tbox of ontologies; and last, for class expressions generated from the Tbox of ontologies (through the FCE patterns); their ‘meaningfulness’ was assessed by different groups of users, yielding a ‘quality ordering’ of the concept expression patterns. The complementary analyses are then compared and summarized. To allow for further experimentation, a web-based prototype was also implemented, which covers the whole process of ontology reuse from keyword-based ontology search through the FCP computation to the selection of ontologies and their enrichment with new concepts built from compound expressions. (shrink)

The aim of this study is to explain the intellectual formation, cultural and political implementation of the Azerbaijan National Movement in Azerbaijan under the rule of Tsarist Russia from the mid-19th century to 1918 and resulted in the establishment of the Democratic Republic of Azerbaijan in the context of Miroslav Hroch's approach to the three-phase development of national movements. It is very important to understand Miroslav Hroch's approach in order to understand the originality, fundamental dynamics and the way (...) of development of the Azerbaijani National Movement, which was revealed by the Turkish nationalists in Azerbaijan with many discourses and practices. In this study, the history of Azerbaijan National Movement is divided into three phases through Hroch's approach. Phase A, which began in the mid-19th century, had a purely cultural, literary and folkloric content, while a modern nation from the ethnic group was formed by the nationalist agitation through the transition to Phase B in the early 20th century. After the Russian Revolution of 1905, the Azerbaijani National Movement gained mass support and moved on to Phase C. -/- . (shrink)

Studie poukazuje na tři základní slabiny současného českého diskurzu o kolapsech komplexních společností, jehož předním mluvčím se stal egyptolog Miroslav Bárta. Zaprvé nedošlo k vyrovnání s absencí vědeckého konsenzu ohledně determinantů historického vývoje a teorii, která by poskytla jednotící rámec pro zařazení a interpretaci konkrétních prediktorů kolapsu, byla věnována jen minimální pozornost. Zadruhé nebyla podána jasná odpověď na otázku, která společenská struktura je při studiu kolapsu vlastně předmětem zkoumání, přestože se volné přechody mezi rovinami kultur, států a civilizací nejeví (...) z analytického hlediska možné. Zatřetí se řada navržených prediktorů kolapsu ukazuje už při zběžném ohledání jako zásadně problematická. Studie dochází k závěru, že současný stav poznání problematiky kolapsů komplexních společností neospravedlňuje vyslovování žádných vědecky podložených predikcí, které by mohly být zdrojem pragmatické legitimizace pro společenské a humanitní vědy. (shrink)

Today's conflicts between religions are grounded largely in historical injustices and grievances but partly in serious conceptual disagreements. This essay agrees with Miroslav Volf that a nontritheistic Christian account of the Trinity is highly desirable. Three traditional models of the Trinity are examined. In their pure, unmixed form, two of them should logically be acceptable to Jews, Muslims, and strict monotheists who regard Christianity as inherently tritheistic, despite lip service to one God. In the social model, three distinct self-aware (...) subjects are unified by being in perfect harmony with each other. Despite Volf's best defense of this, to conceive of three gods, this is how one would go about it. In the psychological model, one divine subject has three psychological capacities—memory, understanding, and will. In the functional model, one subject relates to the world in three different ways—as creator, redeemer, and companion. These two are genuinely monotheistic. Finally, a monotheistic account of the unity of Jesus with God is proposed for consideration. (shrink)

I begin, haltingly, and the individual begins, for John Stuart Mill, with an impulse. My impulse, in terms of Mill, is to ask after power and energy in his On Liberty. There, impulses are desires and those of the “Strong” variety are synonymous with energy (Mill 2002, p. 62). An individual with their own impulses has character and one with strong impulses governed by a strong will has energetic character. One without them has no character. I begin haltingly, in part, (...) because, insofar as my impulse is directed toward power and energy, I am unsure as to the will that may or may not govern it, whether this question reveals or begins to reveal something of my character, its degree of energy, or the lack thereof. What does it mean, in other words, to ask about power and energy in this book? Call this question the opening of an experiment in thinking. (shrink)