There is a claim that the natural capacity for knowledge of God is presupposed by the acceptance of any revelation. We inquire into whether this restriction is satisfactory. There is a stronger claim that natural knowledge has to be exercised for someone to welcome revelation. There is an additional claim that natural knowledge of the preambles to the articles of faith may not obtain. We try to make sense of this doctrine of impeached preambles to faith, by considering its phrasing (...) not only in the first person singular, nor in the third person, but in the first plural person, where it may suggest a kind of social division of tasks among believers. (shrink)

Being a researcher is challenging, especially in the beginning. Early Career Researchers (ECRs) need achievements to secure and expand their careers. In today’s academic landscape, researchers are under many pressures: data collection costs, the expectation of novelty, analytical skill requirements, lengthy publishing process, and the overall competitiveness of the career. Innovative thinking and the ability to turn good ideas into good papers are the keys to success.

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS (...) LOGIC ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

The Preamble to the Charter of Rights and Freedoms claims "Canada is grounded upon principles that recognize the supremacy of God." This claim is hopelessly confused and it has no place in our constitution. This is true, moreover, whether you are a Christian, a Jew, a Muslim, a Pantheist, an atheist, or someone who has never given one moment's thought to "the supremacy of God" -- much less "recognized" it.

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Here's the thing: when you look at it from just the right angle, it's entirely obvious how semantics for second-order relevant logics ought to go. Or at least, if you've understood how semantics for first-order relevant logics ought to go, there are perspectives like this. What's more is that from any such angle, the metatheory that needs doing can be summed up in one line: everything is just as in the first-order case, but with more indices. Of course, it's no (...) small matter finding the magical angle from which everything becomes obvious. And even having found this perspective, one cannot assume one's audience will find things as obvious as oneself. All that to say this: if the results in the paper below strike you as obvious, pay attention to the perspective that makes that possible. And if they don't, feel free to ignore this preamble in its entirety. (shrink)

The definitions and conceptualizations of health, and the management of healthcare have been challenged by the current global scenarios (e.g., new diseases, new geographical distribution of diseases, effects of climate change on health, etc.) and by the ongoing scholarship in humanities and science. In this paper we question the mainstream definition of health adopted by the WHO—‘a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’ (WHO in Preamble to the constitution (...) of the World Health Organization as adopted by the international health conference, The World Health Organization, 1948)—and its role in providing tools to understand what health is in the contemporary context. More specifically, we argue that this context requires to take into account the role of the environment both in medical theory and in the healthcare practice. To do so, we analyse WHO documents dated 1984 and 1986 which define health as ‘coping with the environment’. We develop the idea of ‘coping with the environment’, by focusing on two cardinal concepts: adaptation in public health and adaptivity in philosophy of biology. We argue that the notions of adaptation and adaptivity can be of major benefit for the characterization of health, and have practical implications. We explore some of these implications by discussing two recent case studies of adaptivity in public health, which can be valuable to further develop adaptive strategies in the current pandemic scenario: community-centred care and microbiologically healthier buildings. (shrink)

"Dignity as a Quality of Person: Types of Dignity – a Proposed Systematisation" This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of the expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the concept of dignity encompasses dignity of particular types. Twelve different meanings of the expression “dignity” are indicated – twelve (...) different concepts of dignity, and thus twelve types of dignity. Half of them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law, and this essay is devoted to this group of meanings. This group of meanings includes three concepts of dignity which encompass dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. Only the first of these three concepts of dignity is adequate to the interpretation of the preamble and art. 30 of the Polish Constitution. The second group of meanings, treating dignity as something with which the human being is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour. The other half of the meanings take dignity as something that belongs to something. These meanings will be considered in the forthcoming essay Godność jako cecha podmiotów zbiorowych i godność jako cecha ugruntowana instytucjonalnie. Typy godności – propozycja systematyzacji [Dignity as an Attribute of Collective Entities and Dignity as an Institutionally Grounded Attribute: Types of Dignity – a Proposed Systematisation]. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “dignity” when designating something belonging to something can also designate (4) the dignity of social status based on belonging to a social group, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname. The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision. STRESZCZENIE Opracowanie zmierza do identyfikacji różnych znaczeń wyrażenia (nazwy) „godność”, ze szczególnym uwzględnieniem znaczeń tego wyrażenia występującego w tekście Konstytucji RP. Znaczeniem nazwy „godność” jest pojęcie godności; z kolei pojęcie godności ujmuje samą godność danego typu. Wskazanych zostaje dwanaście różnych znaczeń wyrażenia „godność” – dwanaście różnych pojęć godności, zatem i dwanaście jej typów. Połowa z nich to znaczenia (pojęcia), które ujmują godność jako coś przynależnego człowiekowi jako podmiotowi i tym znaczeniom (i odpowiadającym im typom godności) poświęcone jest niniejsze opracowanie. W tej grupie znaczeń odróżnione zostają trzy pojęcia godności, które ujmują godność jako coś konstytutywnego dla bycia osobą – (1) przyrodzoną i niezbywalną godność osobową, (2) godność opartą na obserwowalnych i zmiennych cechach specyficznych dla istoty rozumnej i (3) godność opartą na historycznie ukształtowanym statusie społecznym przypisanym wszystkim ludziom. Jedynie pierwsze z tych pojęć jest adekwatne do interpretacji preambuły i art. 30 Konstytucji RP. W drugiej grupie znaczeń ujmujących godność jako coś przysługującego człowiekowi są pojęcia ujmujące godność jako cechę osoby – (4) godność osobistą (cześć i dobre imię), (5) godność osobowościową (poziom moralny) oraz (6) godność jako dyspozycja do stosownego sposobu bycia. Druga połowa znaczeń ujmuje godność jako coś przynależnego czemuś lub jako coś o charakterze konwencjonalnym, instytucjonalnym. Te znaczenia będą omawiane w kolejnym opracowaniu Godność jako cecha podmiotów zbiorowych lub cecha ugruntowana instytucjonalnie. Typy godności – Propozycja systematyzacji – Część 2. Konstytucja RP mówi o (1) godności Narodu, (2) godności urzędu lub funkcji, oraz o (3) godności publicznej (godnościach publicznych. Wyrażenie „godność” jako desygnujące coś przynależnego czemuś może także desygnować (4) godność statusu społecznego opartego na przynależności do jakiejś grupy społecznej, (5) godność zawodu oraz – co specyficzne dla języka polskiego – (6) godność jako nazwisko. Autor argumentuje, że niedopuszczalne jest przypisywanie wyrażeniu „dignity” występującym w danym przepisie prawnym, różnych pojęć godności. (shrink)

This text was conceived as a synthetic introduction to the present-day situation of metaphysics and of ontology, to their stakes and their practices in the world and in France, by way of a preamble to the activities of the Atelier de métaphysique et d’ontologie contemporaines [Workshop on Contemporary Metaphysics and Ontology] at the École normale supérieure. It certainly does not claim to replace the more informed and complete works on which it rests, and which are indicated in the bibliography. (...) Nor was it written with the intention of being polemical against whatever conception of metaphysics, even if it goes without saying that the question is approached in a necssarily partisan, though resolutely conciliatory, manner. (shrink)

An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- (...) Résumé L’analyse des fondements axiologiques de la Constitution polonaise de 1997, inscrits avant tout dans le préambule, permet de formuler la thèse selon laquelle cette axiologie n’est pas, en principe, éclectique. La réflexion sur les valeurs s’inscrit dans la vision classique des fondements du droit, remontant à l’antiquité. Partant de là, se dégage une tradition juridique appuyée sur le droit naturel, reconnaissant la force objective des valeurs et du droit. Ces conclusions rejoignent l’axiologie classique de la protection internationale des droits de l’Homme. -/- Zusammenfassung Die Analyse der vor allem durch die Präambel definierten axiologischen Grundlagen der Verfassung der Republik Polen von 1997 ermöglicht die Aufstellung der These, dass diese Axiologie nicht eklektisch ist, zumindest nicht prinzipiell. Hier enthüllt sich ein Denken von den Werten, das sich in die klassische, bis in die Antike zurückreichende Reflexion über die Grundlagen des Rechts einfügt. Wegen der metaaxiologischen Entscheidungen ist das eine Tradition naturrechtlichen Typs, die die objektive Begründung der Werte und des Rechts anerkennt. Die angenommenen Lösungen stimmen auch mit der für den internationalen Schutz der Menschenrechte typischen Axiologie überein. (shrink)

In this essay I try to determine the extent to which it is possible to conceive robots and organisms as analogous entities. After a cursory preamble on the long history of epistemological connections between machines and organisms I focus on Norbert Wiener’s cybernetics, where the analogy between modern machines and organisms is introduced most explicitly. The analysis of issues pertaining to the cybernetic interpretation of the analogy serves then as a basis for a critical assessment of its reprise in (...) contemporary robotics and AI, where the line between organisms and technologies gets even more blurred. In brief, I argue for the necessity of defining the extent to which the analogy between robots and organisms applies in order not only to harness its heuristic potential, but also to keep track of the pivotal differences that distinguish the two classes of entities. Finally, I discuss how the ordinary use of language and the peculiar status of the idea of robot obstruct awareness of the differences between robots and organisms. (shrink)

How do we make good moral decisions? There is a tendency to answer this question by developing methods and procedures of moral decision making. In this paper I will show some limits and pitfalls of this approach. Good moral decisions need to take into account factors which cannot be codified into procedures. I draw attention to how analyzing the type of context is a necessary preamble for a better handling of procedures.

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this (...) article is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

The INBIOSA project brings together a group of experts across many disciplines who believe that science requires a revolutionary transformative step in order to address many of the vexing challenges presented by the world. It is INBIOSA’s purpose to enable the focused collaboration of an interdisciplinary community of original thinkers. This paper sets out the case for support for this effort. The focus of the transformative research program proposal is biology-centric. We admit that biology to date has been more fact-oriented (...) and less theoretical than physics. However, the key leverageable idea is that careful extension of the science of living systems can be more effectively applied to some of our most vexing modern problems than the prevailing scheme, derived from abstractions in physics. While these have some universal application and demonstrate computational advantages, they are not theoretically mandated for the living. A new set of mathematical abstractions derived from biology can now be similarly extended. This is made possible by leveraging new formal tools to understand abstraction and enable computability. [The latter has a much expanded meaning in our context from the one known and used in computer science and biology today, that is "by rote algorithmic means", since it is not known if a living system is computable in this sense (Mossio et al., 2009).] Two major challenges constitute the effort. The first challenge is to design an original general system of abstractions within the biological domain. The initial issue is descriptive leading to the explanatory. There has not yet been a serious formal examination of the abstractions of the biological domain. What is used today is an amalgam; much is inherited from physics (via the bridging abstractions of chemistry) and there are many new abstractions from advances in mathematics (incentivized by the need for more capable computational analyses). Interspersed are abstractions, concepts and underlying assumptions “native” to biology and distinct from the mechanical language of physics and computation as we know them. A pressing agenda should be to single out the most concrete and at the same time the most fundamental process-units in biology and to recruit them into the descriptive domain. Therefore, the first challenge is to build a coherent formal system of abstractions and operations that is truly native to living systems. Nothing will be thrown away, but many common methods will be philosophically recast, just as in physics relativity subsumed and reinterpreted Newtonian mechanics. -/- This step is required because we need a comprehensible, formal system to apply in many domains. Emphasis should be placed on the distinction between multi-perspective analysis and synthesis and on what could be the basic terms or tools needed. The second challenge is relatively simple: the actual application of this set of biology-centric ways and means to cross-disciplinary problems. In its early stages, this will seem to be a “new science”. This White Paper sets out the case of continuing support of Information and Communication Technology (ICT) for transformative research in biology and information processing centered on paradigm changes in the epistemological, ontological, mathematical and computational bases of the science of living systems. Today, curiously, living systems cannot be said to be anything more than dissipative structures organized internally by genetic information. There is not anything substantially different from abiotic systems other than the empirical nature of their robustness. We believe that there are other new and unique properties and patterns comprehensible at this bio-logical level. The report lays out a fundamental set of approaches to articulate these properties and patterns, and is composed as follows. -/- Sections 1 through 4 (preamble, introduction, motivation and major biomathematical problems) are incipient. Section 5 describes the issues affecting Integral Biomathics and Section 6 -- the aspects of the Grand Challenge we face with this project. Section 7 contemplates the effort to formalize a General Theory of Living Systems (GTLS) from what we have today. The goal is to have a formal system, equivalent to that which exists in the physics community. Here we define how to perceive the role of time in biology. Section 8 describes the initial efforts to apply this general theory of living systems in many domains, with special emphasis on crossdisciplinary problems and multiple domains spanning both “hard” and “soft” sciences. The expected result is a coherent collection of integrated mathematical techniques. Section 9 discusses the first two test cases, project proposals, of our approach. They are designed to demonstrate the ability of our approach to address “wicked problems” which span across physics, chemistry, biology, societies and societal dynamics. The solutions require integrated measurable results at multiple levels known as “grand challenges” to existing methods. Finally, Section 10 adheres to an appeal for action, advocating the necessity for further long-term support of the INBIOSA program. -/- The report is concluded with preliminary non-exclusive list of challenging research themes to address, as well as required administrative actions. The efforts described in the ten sections of this White Paper will proceed concurrently. Collectively, they describe a program that can be managed and measured as it progresses. (shrink)

Dietrich von Hildebrand seeks to pursue the idea that the discipline of phenomenology can offer a way of surmounting what Kant saw as the intrinsic limitations of human metaphysical enquiry. In this book review of the 2021 edition of Hildebrand’s What is Philosophy?, Hildebrand’s train of thought is reconstructed in some detail, from his opening remarks about knowing in general through to his account of the intuition of essences, the question of objectivity, and the overarching purpose of philosophy. Hildebrand’s argument (...) culminates in the claim that philosophy is not only the fundamental activity of a mind turned toward God, but is properly a preamble to religious faith. The review concludes by raising a number of objections to Hildebrand’s version of phenomenological realism. (shrink)

Schools, colleges, and universities have become homogenizing systems that are almost exclusively focused on imposing a pre-ordered curricula through exams and grades or tight research lines. In the process, they are killing passion, creativity, and individuals’ potential and skills. Ultimately, schools and academia make up a system that serves a collective machinery but suffocates individual growth. This state of affairs is not a necessary evil. Learning, discovering and teaching can be a natural, spontaneous and luminous expressions of a free and (...) progressive growth if they are allowed to be practiced in an appropriate environment. This is a ‘manifesto’ for a Free-Progress-Education (FPE) paradigm according to which the best way of learning, acquiring knowledge, and doing research comes through a process of free self-directed learning, and a progress of self-unfoldment and self-discovery, that must be guided from within. In schools, colleges, universities and beyond. A FPE learning centre would be expected to foster curiosity, intuition, self-directed-learning in diversity, and, especially, wholesome respect for the practice of complete and responsible freedom of individual expression.FPE goes beyond the standard paradigm of unschooling or the pedagogical approach of democratic schools since it includes self-directed-education that can also work in high schools, colleges, universities, and research centres. It iAfter a brief introductory presentation, a personal preamble of the author describes his experiences with institutionalized learning from childhood to the doctoral dissertation and in a high school as a teacher. Then, the roots of the stagnant state of education will be investigated which is still based on an industrial and mechanistic mindset, and is perceived with increasing dissatisfaction. While analysing the detrimental effects that a managerial and industrial mentality has had on the education and intellectual growth of several generations, we will take as an example the deficiencies of the so-called big science, i.e. of the modern, large-scale scientific initiatives. Surveying past and present learning approaches such as the interesting renaissance of homeschooling and welcoming new trends such as unschooling or democratic education, the second part of this book looks beyond these paradigms searching for a wider spirit of education. It is emphasized that no reform is possible inside the current school and university paradigm, because it is in its essence an authoritarian system that won't allow itself to be dismantled from within. The last part of this book focuses upon a brief set of alternative proposals, which aim at overcoming the centuries-old shortcomings of the present educational system, by favouring intrinsic over extrinsic motivation. Preliminary practical ideas are put forward on what a free-progress learning community might look like, and what the first steps for its realization might be. It is explained there why it is only through a change from the ground up that the certificate-oriented educational system can transform itself into a project-oriented, self-organized, competence-portfolio based one, with no exams, grades, degrees, or other administrative trammels. At the same time, it must be made clear that the ultimate aim of doing away with the present system of assessment criteria would be to install a much deeper and articulated paradigm shift than some superficial reform and even beyond the actually undeveloped democratic education concept which still falls short beyond high-school level. What is visualized is an evolutionary pedagogical perspective, compared to the conventional one, and presented as the necessary condition for a 'Copernican approach' to education. Only after that perspective has been realized can new competences, curiosity, intuition, and real forms of creative learning return to flourish in schools and academia. (shrink)

Many pages have been written about the relationship between Mircea Eliade and I.P. Culianu, but the subject is still open for the future. The master-disciple relationship they established during the time was often scattered with moments of tension. Anyway, every time we remember the name Culianu, it will stand beside his master’s name from Chicago, whose place he took after the latter’s disappearance. The way in which Christianity is analyzed in their work occupies a certain place. And thus, because along (...) with a few other situations, their visions regarding this theme seem contradictory. These pages want to be a preamble of work about the Christian values in Mircea Eliade’s thinking, which we have in progress. (shrink)

In the practical philosophy of the Discours de la Méthode, before the theoretical metaphysics of Part Four and the Meditationes, Descartes gives us an inductive argument that his method, the procedure and cognitive psychology, is veracious at its inception. His evidence, akin to his Scholastic predecessors, is God, a maximally perfect being, established an ontological foundation for knowledge such that reason and nature are isomorphic. Further, the method, he tells us, is a functional definition of human reason; that is, like (...) other rationalists during this period, he holds the structure of reason maps onto the world. The evidence for this thesis is given in what I call the groundwork to Descartes’ philosophical system, essentially the first half of the Discours, where, through a series of examples in the preamble of Part Two, he, step-by-step, ascends from the perfection of artifacts through the imposition of reason to the perfection of a constituent’s use of her cognitive faculties, to God perfecting and ordering reality. Finally, he descends, establishing the structure of human reason, which undergirds and entails the procedure of the method. (shrink)

This article is the preface to a completed book manuscript, United Nations Human Rights Ethics. Based on the indivisibility of human rights, the Four Freedoms Speech, and the Preamble of the Universal Declaration, the book takes freedom of expression as the one human right. Other rights are modes of this one. For example, one exercises freedom of expression (speech) by exercising the right to life, access to courts, etc.. The book argues that human rights are primarily an ethical concept (...) (introduced by Rousseau) rather than a concept of international law. (shrink)

Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...) its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)

The philosophical foundation of human rights has become more explicit, given that the presumption of peace in the Preamble to the Universal Declaration of Human Rights demands further development, both in its definition and in the conditions or requirements for its fulfillment. Based on the discussion of the human right to peace, we propose to reinterpret the Arendtine expression “The right to have rights” as the philosophical formula that calls for the ascension of peace to a legal enunciation; this (...) is based on the critique of Human Rights, the valuation of human singularity, and on believing in the merging of actions and discourses that characterize Hannah Arendt’s politics.Keywords: peace, human rights, stateless persons, philosophical foundation, the human right to peace. (shrink)

Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government was dispelled, (...) and people arose as a main class or pillar of nation. As we take a precept of chaotic years from the Articles of Confederation thorough the Constitution, the earlier ambition was mixed between the diplomatic unity and one strong national government. This context implicates much over the centuries and can also be illustrated with a residue of classic and present practice of international politics. The characteristics as temporal for the years would more properly be sensible with the kinds of description, for example, “atmosphere of war, interstate comity or discredit, chaos from the heterogeneous regional power and social incongruence nationally.” A threat from the mainland Europe had been constant at considerable period of time upon the independence. For the nation, it is more urgent to make it clear who will decide the will of nation, how to effectively consolidate the function of government, or how to manage the least of nation with the subjects than active interaction with the people, although the people are one distinct element of new Constitution and ideologically pronounced in the preamble of Constitution. This generally led to recognition that the role of Constitution and Supreme Court were minimal in terms of public policy making and that their policy contained in the opinion often is sheer of internal issues among the public power other than those of people. The kind of Kantian ambition for the universal justice on liberty and equality, hence, should wait for more prosperous time afterwards that people tend to be conscious of their basic rights or public good from the arbitrary rule of majority, given our concocted recognition from the kind of public policy ideals from Bentham, “the greatest happiness of greatest number,” and “revolutionary spirit on people.” It perhaps would not be irrelevant, in understanding of the impact of judicial rulings on public policy, that the US is other than unitary system of government. Oftentimes the kind of rulings on criminalization of adultery or right to privacy would surprise the people, but the kind of oxymoron or public debate, as likely persistent over the decades and diverse reaction, would normally not be present in the jurisdictions of unitary system. The people of such jurisdictions would be more than receptive, and be readily marshaled to adapt with the public guidelines elucidated by the court ruling. We also chat on the multiculturalism in the society and workplace. Given the judicial activism, the Supreme Court justices might be clairvoyant, who would be equipped with goodwill, wisdom and almighty intelligence to assuage an untreatable scope of interests and state specificities. Foreign lawyers would find such ample source of laws in surprise, who might envy a wide coverage of judicial interests. They perhaps would take the US context as the kind of insightful classroom and learn the lessons from their case laws. (shrink)

In the real world there are people who enter the homes and steal everything they find valuable. In the virtual world there are individuals who penetrate computer systems and "steal" all your valuable data. Just as in the real world, there are uninvited guests and people feel happy when they steal or destroy someone else's property, the computer world could not be deprived of this unfortunate phenomenon. It is truly detestable the perfidy of these attacks. For if it can be (...) observed immediately the apparent lack of box jewelry, penetration of an accounting server can be detected after a few months when all clients have given up the company services because of the stolen data came to competition and have helped it to make best deals. Cybercrime is a phenomenon of our time, often reflected in the media. Forensic investigation of computer systems has a number of features that differentiate it fundamentally from other types of investigations. The computer itself is the main source of information for the investigator. CONTENTS: Computing systems and storage media - Computing devices - - Peripheral devices - - External drives for media storage - Typology of data stored on specific supports – File systems - - Program that allows working with ” inactive” space - Information that can be obtained from the computing system environment Computer networks - Copper wire in computer networks - Optical fibers - Wireless LAN - Internet and Intranet Software and services - Client/server architecture - Protocols and Standards - Internet Services - - e-Mail - - - Spam - - HTTP - - Web address - URL - - Web browsers - - - Browser cookies - - Working with web pages - - - Choosing your favorite web pages - - - Keeping track of visited web pages - - - Saving web pages - - Proxy servers - - Privacy on the Internet - FTP - Instant Messaging - Peer-to-peer networks Vulnerabilities - The first attacks on the Internet - Cybercrime - - Typologies of cyber attackers - - - Classification of cyber attackers according to their skills and objectives - Classification of risks and incidents in cyberworld - - Classification as a list of terms - - List of categories - - Categories of results - - Empirical lists - Events, attacks and incidents - Online security events, actions, and targets - - Actions - - Targets - Attacks - - Tools - - Vulnerabilities - - Unauthorized results Cybercrime laws - The concept of "cybercrime" Investigations - Computer forensic investigations - Digital evidence - Digital sampling during investigations - The suspect - Witnesses in cybercrime - Transporting of samples in laboratory - Analysis of samples - Preparing team members - Computer tools Convention on Cybercrime - Preamble - Chapter I – Use of terms - Chapter II – Measures to be taken at the national level - - Section 1 – Substantive criminal law - - - Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems - - - Title 2 – Computer-related offences - - - Title 3 – Content-related offences - - - Title 4 – Offences related to infringements of copyright and related rights - - - Title 5 – Ancillary liability and sanctions - - Section 2 – Procedural law - - - Title 1 – Common provisions - - - Title 2 – Expedited preservation of stored computer data - - - Title 3 – Production order - - - Title 4 – Search and seizure of stored computer data - - - Title 5 – Real-time collection of computer data - - Section 3 – Jurisdiction - Chapter III – International co-operation - - Section 1 – General principles - - - Title 1 – General principles relating to international co-operation - - - Title 2 – Principles relating to extradition - - - Title 3 – General principles relating to mutual assistance - - - Title 4 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements - - Section 2 – Specific provisions - - - Title 1 – Mutual assistance regarding provisional measures - - - Title 2 – Mutual assistance regarding investigative powers - - - Title 3 – 24/7 Network - Chapter IV – Final provisions Recommendation No. R (95) 13 - Appendix to Recommendation No. R (95) 13 - - I. Search and seizure - - II. Technical surveillance - - III. Obligations to co-operate with the investigating authorities - - IV. Electronic evidence - - V. Use of encryption - - VI. Research, statistics and training - - VII. International co-operation Rules for obtaining digital evidence by police officers Standards in the field of digital forensics Principles in digital evidence Procedures model for the forensic examination - Hard disk examination Code of Ethics Sources and references About - Nicolae Sfetcu - - By the same author - - Contact Publishing House - MultiMedia Publishing . (shrink)

Aquinas’s thought is often considered an exemplary balance between Christian faith and natural reason. However, it is not always sufficiently clear what such balance consists of. With respect to the relation between philosophical topics and the Christian faith, various scholars have advanced perspectives that, although supported by Aquinas’s texts, contrast one another. Some maintain that Aquinas elaborated his philosophical view without being under the influence of faith. Others believe that the Christian faith constitutes an indispensable component of Aquinas’s view; at (...) least when Aquinas focused on those statements that, though maintainable by mere reason, belong to the Christian revelation. In this essay I intend to show that the aforementioned perspectives can be reconciled on the basis of Aquinas’s concept of faith. If we do not limit ourselves to considering faith as the assent to the revealed truth, but also look at what leads the believer to assent—i.e., charity that unites the believer with God and is gratuitously conceded by God himself—then the relation between faith and reason appears to be twofold. On the one hand, the truths of faith cannot participate in the rational inquiry, because according to Aquinas faith lacks the evidence searched for by natural reason. On the other hand, since Aquinas holds that faith is the assent to the revelation due to the love for God that is granted by God himself, the believer will take faith as more certain than intellect and science, and the truths of faith will constitute the orientation and criterion of her/his rational investigation. The truths shall constitute orientation because the believer aims to confirm by reason what she/he already believes. They will also be criterion, because in case of a contradiction between rational arguments and revealed truths, reason must be considered mistaken and the rational investigation must start anew from the beginning. (shrink)

From the scholarship available we can gather that fraternity has been subjected to several interpretations and linked with several virtues. For a few, it stands close to the actualities of solidarity, humanity, compassion, companionship, and brotherhood. For others, it is the “glue that binds equality and liberty to the civil society” and “presents a sense of continuity with the past and the future”. Omvedt replaces the word fraternity with “community” as an important component of a human vision for the new (...) millennium along with equality and justice. Historically, ‘liberty, equality, and fraternity became a major influence on political thought since the French Revolution. The Revolution marked the triumph of the people and pronounced the Declaration on Rights of Man and of the Citizen in 1789. In modern societies, although there are many differences in interpretation, the idea of fraternity is less directly accepted, but the principles of collective action and social responsibility are widely recognized’. According to Johnston, 'fraternity' was rather less central to the preconceptions of the enlightenment predecessors of the revolutionary era, their emphasis being given rather to the 'rights of man' and to the equality of entitlement to those rights. To date, our pre-occupation with liberty and equality has left vacant a conceptual upbringing of fraternity in the postcolonial context. (shrink)

Democracy has been hailed as a global phenomenon and the most popular feature of modern political thought. Several notable efforts have been made by the global community to promote and extend democracy to cover billions of people, with their varying histories, cultures, and disparate levels of affluence. In 2007, the United Nations General Assembly resolved to support the efforts of governments to promote and consolidate new or restored democracies. The GA in this regard stated that “democracy is a universal value (...) based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. Also, while democracies share common features, there is no single model of democracy, and that democracy does not belong to any country or region, reaffirming further the necessity of due respect for sovereignty, the right to self-determination, and territorial integrity. In 2005, the United Nations Democracy Fund was created to implement projects aimed at enhancing democratic practice, promoting human rights, and encouraging participation of all groups in democratic processes. In contrast to its growing popularity, democracy has also been closely looked at with suspicion by experts- academic, political, and otherwise. Skeptics assert that “ the meaning of democracy is contested with no universal definition that is applicable.”. (shrink)