There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal (...) theory, but not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and (...) also whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

The move from open outcry to electronic trading added another responsibility to futures exchanges—that of matching orders between buyers and sellers. Matching systems can affect the level and speed of price discovery, the distribution of revenue, as well as the level of price efficiency of a given market. Whether the matching system is procedurally fair is another important consideration. I argue that while FIFO (First In First Out) is a fair procedure in principle and is perceived as the default (...) matching system, it is not a fair procedure in practice. Likewise, while pro rata is a fair procedure in principle, it is not so in practice. Nevertheless, both FIFO and pro rata are relics of an open outcry system. Instead, I propose an alternative approach to matching systems that builds on the strengths of electronic trading—the ability to randomize in real time. I introduce random selection for service (RSS) as a matching system that is procedurally fair both in principle and in practice. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins (...) in Part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act was created. (...) This reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do (...) with "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Various changes and advances have taken place in the ways of teaching and learning. With the encountered global pandemic crisis, flexible learning has been practiced particularly in state universities and colleges. This study sought to determine the level of procedural fluency in College Algebra as well as the difficulties and interventions applied by tertiary students of Cotabato State University (CSU) in the flexible learning set-up. The period covered by the study was during the first semester of the school year (...) 2021-2022. The respondents were a sample of 30 first-year mathematics major students of CSU. It used mixed methods; the quantitative approach was utilized to know the students’ knowledge of procedures in solving mathematical problems while the qualitative approach was utilized to explore the difficulties of the students in learning mathematics as well as the coping strategies that can serve as basis for mathematics intervention program. The findings revealed that most of the respondents have a low level of procedural fluency in College Algebra, particularly emerging in the understanding the problem, devising a strategy, and solving steps while inept in the problem-solving checking process. On the part of new normal learning, difficulties were experienced such as poor knowledge of the prerequisite skills and unstable internet connection. As part of their interventions, facing the encountered problems, practicing repeatedly, and watching online video tutorials were applied. Based on the findings of the study, it is concluded that the first-year students have low level of procedural fluency in College Algebra problem-solving particularly in the Polya’s principles of understanding the problem, devising a plan, carrying out the plan, and checking the answer. Because of the learning challenges encountered by the students, it is recommended to develop step-by-step video tutorials that can address their problem-solving difficulties and supplement their learning in the flexible mode of delivery. (shrink)

The use and acquisition of knowledge appears to be influenced by what humans pay attention to. Thus, looking at attention will tell us something about the mechanisms involved in knowledge (usage). According to the present review, attention reflects selectivity in information processing and it is not necessarily also reflected in a user’s consciousness, as it is rooted in skill memory or other implicit procedural memory forms–that is, attention is rooted in the necessity of human control of mental operations and (...) actions. The main assumption is that what is true of processing in general is also true of knowledge: Its usage cannot be understood, unless we have the means to study all mechanisms involved, including knowledge hidden from direct introspection and knowledge that participants are not willing to share with interrogators. Reviewing work done in this context, I argue that experimental research on selectivity and bias in human information processing is a promising road to learn about the principles governing knowledge (usage) and to reflect upon them. (shrink)

In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both (...) sexes in parliament, rather than the requirement of androgyny. Parity follows from a conception of procedural justice, for it provides a mechanism which guarantees that the interests of both sexes are fairly represented in the legislature. Parity may also go some way to alleviating the tensions which exist between feminism and multiculturalism. (shrink)

According to the Thomistic tradition, the Principle of Totality (TPoT) articulates a secondary principle of natural law which guides the exercise of human ownership or dominium over creation. In its general signification, TPoT is a principle of distributive justice determining the right ordering of wholes to their parts. In the medical field it is traditionally understood as entailing an absolute prohibition of bodily mutilation as irrational and immoral, and an imperfect obligation to use the parts of one’s (...) body for the perfection of the bodily whole. TPoT is thus a key element of the system of principles within which an individual exercises her right to life: it helps specify the nature, scope and limits of those actions by which an agent permissibly acts in order to preserve her life. While the Thomistic tradition and the Catholic Church have drawn clear conclusions from the principle regarding, e.g., direct sterilization and non-therapeutic experimentation on human subjects, less attention has been given to the implications of TPoT for non-therapeutic procedures that may positively impact biological functioning or supra-biological goals–that is, for human “enhancement.” We will explore the degree to which TPoT non-univocally guides our use of both artifacts and bodies. We will argue that a careful analysis of these distinct kinds of totalities suggests that the application of TPoT to artifacts and bodies is strongly isomorphic, which is what tempts advocates of the Principle of Autonomy to invalidly infer the absolute dominium of the individual over her body. The inference is invalid because this isomorphism also includes a principle of intrinsic value whose function is to resist the instrumentalization of both artifacts and bodies in some contexts; we are not even related to artifacts as advocates of absolute autonomy believe we are, let alone to our bodies. Rather, the limits of human dominium are determined by the nature and finalities, inherent or acquired, of the objects in question, and it will be argued that articulating these limits raises important, understudied, and fascinating questions about the permissibility of various kinds of human enhancement. (shrink)

This study aimed to identify the effect of procedural justice on organizational loyalty from the point of view of Faculty Staff at Palestine Technical University- Kadoorei. It also aimed to identify the differences in the views of the study sample on the study variables according to the years of service. In order to achieve this, the researchers used a questionnaire consisting of (22) paragraphs where the first area (10) paragraphs looking at procedural justice while the paragraphs of the (...) second area and the number of (12) paragraph in the field of organizational allegiance to Faculty Staff at the university, (105) questionnaires were distributed on the sample of the study, and after the process of distribution of the questionnaire was collected and coded and entered into the computer and processed statistically using the statistical program of social sciences (SPSS). One of the most important findings of the study was that the degree of procedural justice at the heads of departments at Palestine Technical University- Kadoorei, from the point of view of Faculty Staff was between the medium and large, where the average arithmetic (3.65). Respondents also showed a high level of organizational loyalty (3.84). The study also showed a statistically significant effect at the level of significance (α = 0.05) for procedural fairness in achieving organizational loyalty, and the absence of differences attributed to years of experience. In the light of the results of the previous study, the researchers recommended several recommendations, the most important of which is to increase the awareness of the workers on the principles of procedural justice, to encourage adherence to them and to indicate their importance in job performance by creating systems and methods that ensure commitment to justice by raising the ability of leaders to build new policies and visions Which would promote the work of institutions. (shrink)

In this paper, I am going to cast doubt on an idea that is shared, explicitly or implicitly, by most contemporary pragmatic theories: that the inferential interpretation procedure described by Grice, neo-Griceans, or post-Griceans applies only to the interpretation of ostensive stimuli. For this special issue, I will concentrate on the relevance theory (RT) version of this idea. I will proceed by putting forward a dilemma for RT and argue that the best way out of it is to accept that (...) the relevance-theoretic comprehension procedure ap- plies to certain non-ostensive stimuli, contrary to what is generally claimed within RT. In particular, I will argue that relevance theorists should accept that (ceteris paribus) non- ostensive emotional expressions in interactions guarantee a presumption of relevance such that they are interpreted through the relevance-theoretic comprehension procedure. This leads me to propose what I call 'the expressive principle of relevance'. (shrink)

Customs law and procedures are important part of the trade system in Jordan. They regulate the flow of goods across the borders. The purpose of this paper is to examine Jordan's import regime by analyzing customs law, rules of origin, free trade zones, and tariffs reform.

This paper aims to map the different theoretical options related to the Precautionary Principle (PP). Great part of the literature on it can be systematized by answering to three different questions: is there a basic structure in the PP? If so, in which interpretation of the PP does this structure express itself? Finally, are its damage or knowledge conditions fixed or adjustable? The first question separates realist from non-realist approaches. The second question allows us to discriminate monist, dualist, or (...) pluralist positions in relation to the three interpretations of the PP: decision rule, procedural requirement, or epistemic rule. Finally, the third question distinguishes rigid from non-rigid formulations of the principle. Based on this mapping, one can not only navigate through the different formulations of the PP present both in official documents and in specialized literature, but also deflect some of its common objections, and understand Hans Jonas’ eventual connection with PP. Notwithstanding, this mapping does not capture other important themes attached to PP, which motivates a final distinction between narrow and broader forms of PP. (shrink)

Assuming that votes are independent, the epistemically optimal procedure in a binary collective choice problem is known to be a weighted supermajority rule with weights given by personal log-likelihood-ratios. It is shown here that an analogous result holds in a much more general model. Firstly, the result follows from a more basic principle than expected-utility maximisation, namely from an axiom (Epistemic Monotonicity) which requires neither utilities nor prior probabilities of the ‘correctness’ of alternatives. Secondly, a person’s input need not (...) be a vote for an alternative, it may be any type of input, for instance a subjective degree of belief or probability of the correctness of one of the alternatives. The case of a profile of subjective degrees of belief is particularly appealing, since here no parameters such as competence parameters need to be known. (shrink)

The study aimed to identify the creative environment of the technical colleges operating in Gaza Strip. The analytical descriptive method was used through a questionnaire which was randomly distributed to 289 employees of the technical colleges in Gaza Strip with a total number of (1168) employees and a response rate equal to (79.2%) of the sample study. The results confirmed the existence of a high degree of approval for the dimensions of the creative environment with a relative weight of (75.19%) (...) according to the perspective of the employees of the technical colleges in Gaza Strip. The results of the study showed a high level of creative environment (fluency, flexibility, originality, sensitivity to problems) in the technical colleges in Gaza Strip, where the field (fluency) ranked first and relative weight (76.86%), in the second place came the area (sense of problems) and relative weight (74.89%). The field of elasticity came in third place with a relative weight of (74.59%). Finally, the field of originality came in fourth and final rank with a relative weight of (74.41%). The results showed that there are differences between the technical colleges in the principles of the creative environment in all fields and the overall degree except for the field of flexibility. The most available colleges in these principles were the university college of applied sciences, and that was the least of the Faculty of Al-Aqsa Society. The results showed that there were differences according to the age variable in the areas of creative environment only in the sense of problems for age groups (less than 30 years) and (from 40 to 50 years). The researchers suggested a number of recommendations, the need to enhance the dimensions of the creative environment in technical colleges by working to improve the faculties of fluency, flexibility, originality and sensitivity to problems. The need to work on continuity and improve aspects of the creative environment of the colleges and the creation of new and innovative ways to support and develop and support these aspects combined. Necessity of technical colleges to continue to develop the creative environment (fluency, flexibility, originality, sensitivity to problems) for employees by engaging them in specialized training courses for creative thinking and problem solving. Developing work procedures with new innovative methods that will accomplish the various tasks quickly and accurately, and provide the effort, time and costs. The researchers urged more future studies that address the same variables of the current study in the field of creative environment and applied to other sectors. (shrink)

This paper addresses the field of economic measurements of the value of assets, carried out by the methods of independent expert evaluation. The mathematical principles of application, within a comparative methodical approach, of additive and multiplicative models for correcting the cost of single indicator of compared objects have been considered. The differences of mathematical basis of the compared models were analyzed. It has been shown that the ambiguity in the methodology of correction procedure requires studying the advantages and disadvantages of (...) known models, as well as the justification and elaboration of recommendations for their application. Possible forms of correction representation using several alternative units of measurement have been defined; formulas for their interconnection have been built. Analytic expressions have been derived that mathematically describe the algorithms for performing the evaluation correction procedure using various forms of correction representation. The influence of the correction execution model on the characteristics of uncertainty in the independent evaluation result has been analyzed. The scope of two possible types of correction introduction models has been determined. A specific numerical example was used to demonstrate the methodological advantages of using a multiplicative model when summarizing percentage corrections. The independence of the correction result on the sequence of correction introduction has been confirmed. It is proposed to use the selected measure of partial corrections as a criterion for the adequacy of the correction introduction model. It is proved that the result of the independent expert evaluation depends on the chosen model and does not depend on the sequence of correction introduction. The reported study results are important in terms of theory and practice since they make it possible to improve the accuracy and reliability of the result of independent expert evaluation. (shrink)

One of the main motivations for having a compositional semantics is the account of the productivity of natural languages. Formal languages are often part of the account of productivity, i.e., of how beings with finite capaci- ties are able to produce and understand a potentially infinite number of sen- tences, by offering a model of this process. This account of productivity con- sists in the generation of proofs in a formal system, that is taken to represent the way speakers grasp (...) the meaning of an indefinite number of sentences. The informational basis is restricted to what is represented in the lexicon. This constraint is considered as a requirement for the account of productivity, or at least of an important feature of productivity, namely, that we can grasp auto- matically the meaning of a huge number of complex expressions, far beyond what can be memorized. However, empirical results in psycholinguistics, and especially particular patterns of ERP, show that the brain integrates informa- tion of different sources very fast, without any felt effort on the part of the speaker. This shows that formal procedures do not explain productivity. How- ever, formal models are still useful in the account of how we get at the seman- tic value of a complex expression, once we have the meanings of its parts, even if there is no formal explanation of how we get at those meanings. A practice-oriented view of modeling gives an adequate interpretation of this re- sult: formal compositional semantics may be a useful model for some ex- planatory purposes concerning natural languages, without being a good model for dealing with other explananda. (shrink)

Over the last two decades, there was an upsurge of research and innovation in biotechnology and related fields, leading to exciting new discoveries in areas such as the engineering of biological processes, gene editing, stem cell research, CRISPR-Cas9 technology, Synthetic Biology, recombinant DNA, LMOs and GMOs, to mention only a few. At the same time, these advances generated concerns about biosafety, biosecurity and adverse impacts on biodiversity and the environment, leading to the establishment of Research Ethics Committees (RECs) at Higher (...) Education and Research Institutions dedicated to reviewing research with implications for biosafety and the environment. -/- These Biosafety and Environment Research Ethics Committees, referred to as EBRECs, are in the early stages of their establishment and formalisation, and there is much uncertainty about their composition, scope, procedures of decision-making and the principles that should guide their deliberations and assessments. In many respects, EBRECs are venturing into uncharted territory, facing a very wide range of complex research fields, far-reaching research practices and deep concerns new to Review Boards, raising the question to what extent EBRECs can fall back on the fairly well-established principles and procedures of RECs focusing on Human, Health or Animal research, and to what extent they need new or adapted principles and procedures. -/- Against this background, I set out to answer the following three main research questions in this thesis: 1. What is the current state of ethical principles for ethics reviews in the field of environmental and biosafety research ethics? Which principles are currently used in this context, and how? 2. What are the shortcomings of the current principles used by EBRECs and how can they be overcome? 3. What ethical principles must be adopted by environmental and biosafety research ethics committees and guide them in their decision-making? -/- In order to prepare the ground and set the scene for my discussion of these questions, I also formulated four supporting research questions: i. What is environmental research ethics in action? ii. What is biosafety research ethics in action? iii. How are environmental and biosafety ethics related to one another? iv. How should the guidelines and ethical principles related to these two overlapping fields be implemented in the ethics review process? Following my introduction and problem statement in Chapter 1, I devoted Chapters 2 and 3 to an overview of my supporting questions to set the scene for Environmental and Biosafety Research Ethics. In Chapter 4, I turned to my main research question with a discussion of national and international declarations, frameworks and legislation and an investigation of principles in the different research areas to get a picture of applicable principles that can guide EBRECs. -/- The main finding of my thesis is that due to the complexity of EBR, different categories of principles could be the solution for EBRECs. I elaborate on this in Chapter 5, my concluding chapter, in which I also propose a list of core principles that can serve as an accessible and easy-to-use guide for EBRECs in their decision-making. In this proposal, I cluster different kinds of principles in terms of four categories: 1. Principles as a Moral Concept 2. Principles as a Social Concept 3. Principles as a Legal Concept 4. Principles as a Safety Concept . (shrink)

in Oct-14-1998 ordinance INDESP-IO4 established the federal software certification and verification requirements for gaming machines in Brazil. The authors present the rationale behind these criteria, whose basic principles can find applications in several other software authentication applications.

A wide range of problems of the relationship between consciousness and matter are discussed. Particular attention is paid to the analysis of the structure and properties of consciousness in the framework of information evolution. The role of specific (non-computational) properties of consciousness in the procedure of classical and quantum measurements is analyzed. In particular, the issue of "cloning" of consciousness (the possibility of copying its properties onto a new material carrier) is discussed in detail. We hope that the generalized (...) class='Hi'>principle of complementarity formulated by us will open up new ways for studying the problems of consciousness within the framework of the fundamental physical picture of the world. (shrink)

In the essay I intend to revalue the descriptive principle in the contemporaryAmazonian geography, as presented to us by the geographer from Pará EidorfeMoreira (1960). Laterally, I call the attention of Amazonian geographers to thesensitivity of his work, which is not present in the bibliography of the training coursesin Geography in Pará. The methodological strategy is descriptive-interpretative with aphenomenological tone. I conclude: the refusal of the description is installed by aprejudiced effect of our current formation in relation to the (...) procedures consideredtraditional; the production of knowledge, eager for explanation/analysis, can produceethical violence; the abstraction - which flirts with abstractionism - imposed by thehasty generalization of certain ideas about the Amazon, from geographical studies,installs an artificial cut between the symbolic and the emotional in the act of makinggeography in our region. (shrink)

This Article aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become imbued with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due both to the WTO’s specific dispute settlement procedures and to the substantive nature of precautionary measures. Indeed, such measures’ foundation on “insufficient scientific evidence” dramatically undermines the probative value of science in WTO adjudication and creates a seeming contradiction: The system requires defendants to (...) provide legal evidence of the absence of sufficient scientific evidence. The reasoning of the Panel on the EC–Biotech case was riddled with this apparent paradox. For the first time, the US–Continued Suspension case has opened a gateway to address this fundamental issue. (shrink)

Thales is considered to be the first philosopher to pose a question about fundamental principles on which everything else relied. His candidate for ἀρχή was water because he believed that everything comes from water and that the remaining three elements can also be created from water. Alchemists, or the first chemists, relied on the ancient tradition, especially Aristotle and the theory of the four elements. That is how they came to Aristotle’s testimonies about Thales, after which alchemists, like Helmont, accepted (...) Thales’ idea that water is the basis of everything that exists. Alchemists were characterized by a tendency to experiment, not only because they tried to turn other metals into gold but also because they tried to devise medical solutions that would prevent the appearance of various diseases. Due to their rich experimental experience, alchemists have been a convenient target for “new philosophers” since the early seventeenth century. Robert Boyle belonged to that circle because he was a supporter of corpuscular theory. In this paper, I will present Boyle‘s attempt to replicate alchemical experiments, especially Helmont’s experiment with the willow tree and Bacon‘s experiment with water. After that, I will show whether Boyle’s interest in the experimental procedures of alchemists contributed more to the development of modern science than his mechanistic philosophy. (shrink)

What does environmental ethics have to say about the urban context? Is the city an environment that has only negative value or is it possible, and in fact necessary, to develop ethical recommendations about how to design it? In this paper, I argue for the second of these disjuncts and sketch some ideas for an environmental city ethics. I try to show that the most important principle of such an ethics is procedural: anyone affected by a decision about (...) the urban environment must have the possibility to participate in the process of making it. This principle has certain preconditions and there are also limitations on its applicability. For example, it is plausible that there are certain ecocentric ethical obligations, which are valid independently of the implementation of the principle. I sketch an idea for how a city’s green areas can help to raise citizens’ awareness of these obligations. -/- ¿Qué se puede decir, desde la ética ambiental, acerca del contexto urbano? ¿Se trata de un ambiente únicamente con valor negativo o es posible, e incluso necesario, desarrollar recomendaciones éticas sobre cómo diseñarlo? En este texto argumento en favor de la segunda afirmación y esbozo algunas ideas respecto de una ética ambiental para la ciudad. Defiendo que el principio más importante es procedimental: toda persona afectada debe tener la posibilidad de participar en la toma de las decisiones sobre el ambiente urbano. Este principio tiene ciertas precondiciones y también algunas restricciones. Por ejemplo, es plausible pensar en obligaciones éticas ecocéntricas válidas independientemente de la implementación del principio. Esbozo cómo las áreas verdes de una ciudad pueden ayudar a sensibilizar a los citadinos con estas obligaciones. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state of nature (...) theories, the justness of a society is marked by the conformance of the society to procedural principles. Distributions of resources and the like have no particular import for questions of justice. Whatever may later result, so long as it came about in accordance with the rules determined by the principles of justice, is itself just. The Lockean proviso is one of the principles of justice governing property and other rights of nonpattern theories of justice. The proviso hangs as a "shadow" over the results of the operation of the other (usual) principles of justice. It is intended to remedy a complaint which arises when the positions of those no longer at liberty to use some resource are worsened (1) by no longer being able to use freely what they previously were free to use and (2) in such a way that they fall below a "baseline." Following Locke, a traditional formulation of the proviso is to allow acquisition just so long as there is "enough and as good" left over for others. Section I concerns the relation of the Lockean proviso to pattern and nonpattern principles of justice, demonstrating that a Lockean proviso turns a nonpattern into a pattern theory of justice. Section II is about the relation of the Lockean proviso to the ideas revealed by an examination of a state of nature, suggesting reasons to reject ideal theories of justice. (shrink)

The COVID-19 pandemic has helped to clarify the fair and equitable allocation of scarce medical resources, both within and among countries. The ethical allocation of such resources entails a three-step process: (1) elucidating the fundamental ethical values for allocation, (2) using these values to delineate priority tiers for scarce resources, and (3) implementing the prioritisation to faithfully realise the fundamental values. Myriad reports and assessments have elucidated five core substantive values for ethical allocation: maximising benefits and minimising harms, mitigating unfair (...) disadvantage, equal moral concern, reciprocity, and instrumental value. These values are universal. None of the values are sufficient alone, and their relative weight and application will vary by context. In addition, there are procedural principles such as transparency, engagement, and evidence-responsiveness. Prioritising instrumental value and minimising harms during the COVID-19 pandemic led to widespread agreement on priority tiers to include health-care workers, first responders, people living in congregate housing, and people with an increased risk of death, such as older adults and individuals with medical conditions. However, the pandemic also revealed problems with the implementation of these values and priority tiers, such as allocation on the basis of population rather than COVID-19 burden, and passive allocation that exacerbated disparities by requiring recipients to spend time booking and travelling to appointments. This ethical framework should be the starting point for the allocation of scarce medical resources in future pandemics and other public health conditions. For instance, allocation of the new malaria vaccine among sub-Saharan African countries should be based not on reciprocity to countries that participated in research, but on maximally reducing serious illness and deaths, especially among infants and children. (shrink)

According to Allen Wood’s “procedural principle” we should believe only that which can be justified by evidence, and nothing more. He argues that holding beliefs which are not justified by evidence diminishes our self-respect and corrupts us, both individually and collectively. Wood’s normative and descriptive views as regards belief are of a piece with the received view which holds that beliefs aim at the truth. This view I refer to as the Truth-Tracking View (TTV). I first present a (...) modest version of TTV, one which is sensitive to standard criticisms and one which is fully consistent with the procedural principle. I then raise some doubts about TTV by considering both anecdotal cases and empirical studies. These studies suggest that certain types of belief are designed to aim away from truth, in limited, carefully calibrated ways. Moreover, it seems to be the case that selectively aiming away from the truth is important for human well-being and performance. Beliefs that are designed to aim away I dub “Tertullian” beliefs (t-beliefs). I then limn the distinguishing characteristics of t-belief and proceed to evaluate the procedural principle in light of the evidence which suggests that t-belief plays an important role in our cognitive economy. Next I argue that t-beliefs might be essential to the maintenance of self-respect and that they do not corrupt in the way that Wood claims. Finally, I argue that the fate of Wood’s procedural principle will be determined by the results of further empirical research— sociological, psychological, and neuroscientific. (shrink)

Human development is meant to be transformational in that it aims to improve people's lives by enhancing their capabilities. But who does it target: people as they are or the people they will become? This paper argues that the human development approach relies on an understanding of personal identity as dynamic rather than as static collections of preferences, and that this distinguishes human development from conventional approaches to development. Nevertheless, this dynamic understanding of personal identity is presently poorly conceptualized and (...) this has implications for development practice. We identify a danger of paternalism and propose institutionalizing two procedural principles as side constraints on development policies and projects: the principle of free prior informed consent and the principle of democratic development. -/- . (shrink)

In this article I offer an explicating interpretation of the procedure of content recarving as described by Frege in §64 of the Foundations of Arithmetic. I argue that the procedure of content recarving may be interpreted as an operation that while restricting the subject matter of a sentence, performs a generalization on what the sentence says about its subject matter. The characterization of the recarving operation is given in the setting of Yablo’s theory of subject matter and it is based (...) on the relation of determination between properties. The main advantage of the proposal is its generality, for it is applicable not just to the case of abstraction principles. (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, (...) we should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here (...) MIP applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

John Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. He has developed and polished both in conjunction over the course of half a century. Yet the moral principles he advocates have always been more doctrinaire than the corresponding justification model should have ever allowed with design details explicitly promising objectivity. This article goes to the beginning, or to a reasonable proxy for it, in the “Outline of a Decision (...) Procedure for Ethics,” with the aim of exposing and examining the discrepancy where it originates. The goal is not to prey on the earliest version of an initiative later undergoing revision but to identify and investigate the inception of a systematic bias that is retained rather than revised in subsequent iterations. (shrink)

The monograph is an English, expanded and revised version of the book Cheshko, V. T., Ivanitskaya, L.V., & Glazko, V.I. (2018). Anthropocene. Philosophy of Biotechnology. Moscow, Course. The manuscript was completed by me on November 15, 2019. It is a study devoted to the development of the concept of a stable evolutionary human strategy as a unique phenomenon of global evolution. The name “An Evolutionary Metaphysics (Cheshko, 2012; Glazko et al., 2016). With equal rights, this study could be entitled “Biotechnology (...) as a result and factor of the evolutionary processˮ. The choice in favor of used “The Evolutionary Metaphysics of Human Enhancement Technologiesˮ was made in accordance with the basic principle of modern post-academician and human-sized science, a classic example of which is biotechnology. The “Metaphysics of Evolution” and “Evolutionary Metaphysics” concepts are used in several ways in modern philosophical discourse. In any case, the values contain a logical or associative reference to the teleological nature of the evolutionary process (Hull, 1967, 1989; Apel, 1995; Faye, 2016; Dupre, 2017; Rose, 2018, etc). In our study, the “evolutionary metaphysics” serves to denote the thesis of the rationalization and technologization of global evolution and anthropogenesis, in particular. At the same time, the postulate of an open future remains relevant in relation to the results of the evolutionary process. The theory of evolution of complex, including the humans system and algorithm for its constructing are а synthesis of evolutionary epistemology, philosophical anthropology and concrete scientific empirical basis in modern science. ln other words, natural philosophy is regaining the status bar element theoretical science in the era of technology-driven evolution. The co-evolutionary concept of 3-modal stable evolutionary strategy of Homo sapiens is developed. The concept based оn the principle of evolutionary complementarity of anthropogenesis: value of evolutionary risk and evolutionary path of human evolution are defined bу descriptive (evolutionary efficiency) and creative-teleological (evolutionary correctness) parameters simultaneously, that cannot bе instrumental reduced to others ones. Resulting volume of both parameters define the vectors of blological, social, cultural and techno-rationalistic human evolution Ьу two gear mechanism genetic and cultural co-evolution and techno-humanitarian balance. The resultant each of them сап estimated Ьу the ratio of socio-psychological predispositions of humanization / dehumanization in mentality. Explanatory model and methodology of evaluation of creatively teleological evolutionary risk component of NBIC technological complex is proposed. Integral part of the model is evolutionary semantics (time-varying semantic code, the compliance of the blological, socio-cultural and techno-rationalist adaptive modules of human stable evolutionary strategy). It is seem necessary to make three clarifications. First, logical construct, “evolutionary metaphysics” contains an internal contradiction, because it unites two alternative explanatory models. “Metaphysics”, as a subject, implies deducibility of the process from the initial general abstract principle, and, consequently, the outcome of the development of the object is uniquely determined by the initial conditions. Predicate, “evolutionary”, means stochastic mechanism of realizing the same principle by memorizing and replicating random choices in all variants of the post-Darwin paradigm. In philosophy, random choice corresponds to the category of “free will” of a reasonable agent. In evolutionary theory, the same phenomenon is reflected in the concept of “covariant replication”. Authors will attempt to synthesize both of these models in a single transdisciplinary theoretical framework. Secondly, the interpretation of the term “evolutionary (adaptive) strategyˮ is different from the classical definition. The difference is that the adaptive strategy in this context is equivalent to the survival, i.e. it includes the adaptation to the environment and the transformation (construction) of the medium in accordance with the objectives of survival. To emphasize this difference authors used verbal construction “adaptiveˮ (rather than “evolutionaryˮ) strategy as more adequate. In all other cases, the two terms may be regarded as synonymous. Thirdly, the initial two essays of this series were published in one book in 2012. Their main goal was the development of the logically consistent methodological concept of stable adaptive (evolutionary) strategy of hominines and the argumentation of its heuristic possibilities as a transdisciplinary scientific paradigm of modern anthropology. The task was to demonstrate the possibilities of the SESH concept in describing and explaining the evolutionary prospects for the interaction of social organization and technology (techno-humanitarian balance) and the associated biological and cultural mechanisms of the genesis of religion (gene-cultural co-evolution). In other words, it was related to the sphere of cultural and philosophical anthropology, i.e. to the axiological component of any theoretical constructions describing the behavior of self-organizing systems with human participation. In contrast, the present work is an attempt to introduce this concept into the sphere of biological anthropology and, consequently, its main goal is to demonstrate the possibility of verification of its main provisions by means of procedures developed by natural science, i.e. refers to the descriptive component of the same theoretical constructions. The result of this in the future should be methods for assessing, calculating and predicting the risk of loss of biological and cultural identity of a person, associated with a permanent and continuously deepening process of development of science and technology. (shrink)

The discussion about deep disagreement has gained significant momentum in the last several years. This discussion often relies on the intuition that deep disagreement is, in some sense, rationally irresolvable. In this paper, I will provide a theory of rationally irresolvable disagreement. Such a theory is interesting in its own right, since it conflicts with the view that rational attitudes and procedures are paradigmatic tools for resolving disagreement. Moreover, I will suggest replacing discussions about deep disagreement with an analysis of (...) rationally irresolvable disagreement, since this notion can be more clearly defined than deep disagreement and captures the basic intuitions underlying deep disagreement. I will first motivate this project by critically assessing the current debate about deep disagreement. I then detail the notions of rationality and resolvable disagreement which are crucial for a suitable theory of rationally irresolvable disagreement before sketching various instances of rationally irresolvable disagreement. Finally, I argue for replacing theories of deep disagreement with theories of rationally irresolvable disagreement, an approach that has significant advantages over existing theories of deep disagreement which focus on hinge propositions or fundamental epistemic principles. (shrink)

This is a defense of Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. As a defense, it is not a retraction of the original charges. As a critique, it is not more of the same op-position. In either capacity, it is not an afterthought. The charges were conceived from the outset with a specific solution in mind, which would have been too distracting to pursue in (...) the same article. This is that solution. It also highlights the problem. The original charges were that Rawls’s decision procedure for ethics does not justify his own moral principles, namely his principles of justice, and that the underlying problem may well keep the decision procedure from justifying any moral principles whatsoever, or at least any normatively useful ones. The underlying problem was, and still is, the model’s inherent universalism, which is built into the decision procedure through design specifications precluding relativism, yet only at the cost of limiting the relevant moral principles to generalities that are already widely accepted, thereby render-ing the procedure at best redundant and very likely vacuous as an ethical justification model. These difficulties are manifested in the work of Rawls as the dogmatism of champi-oning a distinctive conception of justice, a liberal one as he himself calls it, through a justification model that is too universalistic to permit such a bias and possibly also too universalistic to permit any substantive conclusions at all. The solution contemplated here is to position the decision procedure as a dynamic justification model responsive to moral progress, as opposed to a static one indifferent to such progress and equally open to all moral input, thus removing the inconsistency between the universalistic design and any distinctive or controversial principles, including the ones Rawls himself recommends, so long as they are consistent with moral progress. (shrink)

Ontologies represent principled, formalised descriptions of agents’ conceptualisations of a domain. For a community of agents, these descriptions may differ among agents. We propose an aggregative view of the integration of ontologies based on Judgement Aggregation (JA). Agents may vote on statements of the ontologies, and we aim at constructing a collective, integrated ontology, that reflects the individual conceptualisations as much as possible. As several results in JA show, many attractive and widely used aggregation procedures are prone to return inconsistent (...) collective ontologies. We propose to solve the possible inconsistencies in the collective ontology by applying suitable weakenings of axioms that cause inconsistencies. (shrink)

[English in PhilArchive, unpublished]. Ruđer Bošković's (Rogerius Joseph Boscovich, 1711-1787) induction is described as a reasoning procedure that combines abductive, generalizing and deductive forms of inference. According to Bošković, the application of inductive reasoning extends beyond natural science. Bošković's critique of the use of the principle of sufficient reason is discussed, and constructive rules of Bošković's inductive logic are proposed from the standpoint of contemporary justification logic. To that end, justification logic could be extended with Bošković's typology of reasons. (...) Hunter's result (1965) is conceived as a confirmation that the inference from the constructive defectus rationis is a necessary component of Bošković's induction. - English version in _PhilArchive_. (shrink)

In this paper I provide a frequentist philosophical-methodological solution for the stopping rule problem presented by Lindley & Phillips in 1976, which is settled in the ecological realm of testing koalas’ sex ratio. I deliver criteria for discerning a stopping rule, an evidence and a model that are epistemically more appropriate for testing the hypothesis of the case studied, by appealing to physical notion of probability and by analyzing the content of possible formulations of evidence, assumptions of models and meaning (...) of the ecological hypothesis. First, I show the difference in the evidence taken into account in different frequentist sampling procedures presented in the problem. Next, I discuss the inapplicability of the Carnapian principle of total evidence in deciding which formulation of evidence associated with a given sampling procedure and statistical model is epistemically more appropriate for testing the hypothesis in question. Then I propose a double-perspective (evidence and model) frequentist solution based on the choice of evidence which better corresponds to the investigated ecological hypothesis, as well as on the choice of a model that embraces less unrealistic ontological assumptions. Finally, I discuss two perspectives of the stopping rule dependence. (shrink)

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in terms of singularity (...) against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (shrink)

The chapter juxtaposes the fairly quick and automatic thinking and decision making that constitutes everyday moral thought and action with the slower, more complicated, and more reflective thinking that steps beyond everyday moral thought. Various difficulties that can slow down everyday moral thought are catalogued in this paper. The paper explains how dealing with many of these difficulties leads to thinking about moral principles. And, even where there are not such difficulties, everyday moral thought can be challenged by repeated “why?” (...) questions. Pushed far enough, such questions have to be answered by admitting ignorance or by pointing to theses about whatever ultimately makes acts morally required, permissible, or prohibited. Such theses are moral theories. As a point about moral theories, the paper ends by pointing out a respect in which everyday moral thought is more like rule-consequentialism, contractualism, foundational pluralism, and virtue ethics than everyday moral thought is like traditional act-consequentialism. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

Resumo A problemática sobre a “verdade” não tem obtido a devida atenção no meio jurídico. As considerações a respeito do que seja “verdade”, por certo, têm nítido viés filosófico, existindo distintas concepções acerca da “verdade”, embora muitas não são capazes de servir ao direito processual civil. Habermas concebe a “verdade” sobre um fato como um conceito dialético, construída a partir das argumentações desenvolvidas pelos sujeitos cognoscentes, ou seja, buscada na cooperação direcionada para o entendimento mútuo racional. Identificam-se pontos de contato (...) existentes entre a teoria habermasiana e os enunciados até agora elaborados no projeto do novo Código de Processo Civil brasileiro. A “verdade” no moderno processo civil deve ser buscada em um procedimento baseado na probabilidade das provas e das teses apresentadas, na intensa argumentação dialética e em colaboração entre os sujeitos processuais, e no respeito às normas e aos princípios válidos para o caso em julgamento. Palavras-chave : argumentação, cooperação, Habermas, novo Código de Processo Civil brasileiro, procedimento, verdadeThe problem about “truth” has not gained enough attention in the legal field. All the considerations about “truth” have a clearly philosophical points of view, and distinct conceptions concerning it, although many are not capable of serving in the civil procedure. Jürgen Habermas conceives the “truth” as a dialectical concept, constructed from the arguments developed by cognizant agents, i.e., those seeking cooperation aimed at rational mutual understanding. The article identifies points of contact between habermasian theory and legal rules developed up to now in the project of the new Brazilian Civil Code of Procedure. The “truth” in the modern civil process must be sought in a procedure based on the probability of the evidence and theses in intense dialectical argumentation and collaboration between all parties involved with the respect for the rules and principles considered valid for the case at hand. Keywords : argumentation, cooperation, Habermas, new Brazilian Civil Procedure Code, procedure, truth. (shrink)

There are few moral principles less controversial than “don’t touch people’s private parts without consent.” Though the principle doesn’t make explicit that there are exceptions, there clearly are some. Parents must wipe their infants. If an unconscious patient is admitted to the emergency room with a profusely bleeding laceration on their genitals, a doctor must give them stitches. The researchers who proposed the study in question, which would look for a connection between burn patients’ microbiomes and their clinical outcomes, (...) presumably believed they had identified an additional exception to the aforementioned principle. I argue that they did not. Rather, because of their tremendous inherent risks, we ought only to perform intimate procedures on those who can’t consent when the procedure is for their own good. -/- Intimate violations have been overlooked in both philosophy and medicine. Because of this, we have lacked an adequate conceptual framework for identifying certain kinds of harms research can inflict. When we understand these special risks, we see that the IRB was right to deny a waiver of consent. (shrink)

Focusing on a particular facet of entitlement theory, I criticize the view that Nozick’s version of the theory provides an adequate description of procedural justice. I agree with Nozick that justice is procedural; however, I believe his entitlement theory as it currently stands is incomplete. I show that Nozick is committed to believing that the implied content of his entitlement theory is unjust, and therefore that a certain set of market transactions ought to be judged as legally wrong (...) according to Nozick’s own political foundations. Furthermore, I demonstrate that the Non-Aggression Principle is inconsistent with what a procedurally just entitlement theory would require, and therefore diminishes the degree to which a full-fledged account of distributive justice can properly be called libertarian. Finally, I offer a principle intended as a starting point for a discussion of what constitutes just transfer, and briefly speculate as to the legal results of implementing such a principle. (shrink)

Theories of reasons and other normativia can seem to lead ineluctably to a tragic dilemma. They can be personal but parochial if they locate reasons in features of the point of view of actual people. Or they can be objective but alien if they take reasons to be mind-independent fixtures of the universe. Kantian constructivism tries to offer the best of both worlds: an account of normative authority anchored in the evaluative perspectives of actual agents but refined by a procedure (...) that guarantees certain principles, like the moral law, will have universal and unconditional authority. This chapter considers motivations for such a view and chronicles the intrepid efforts of its adherents to make good on this guarantee - to show that the structure of practical reason commits reasoners to morality. -/- . (shrink)

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology to (...) case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)