I think the basic intuition behind textualism correct – that the meaning of a law is fixed by referencing the meaning of its words according to the meaning common to the law’s ratifiers. However, even if true, it does not follow that interpretation of a law goes through the original ratifiers. Rather, a citizenry continually ratifies the laws to which it subjects itself, and as the meanings of those words change over time, so will those laws. Concerning, say, the U.S. (...) Constitution, though the text may be very nearly the same now as in the 18th century, a different constitution is in effect. (shrink)

After ratifying the Framework Convention for Tobacco Control in 2004, Bangladesh enacted anti-tobacco laws, policies, and administrative measures. Evidence suggests that the progress so far has not been significant, and Bangladesh will most likely fail to meet its target to become tobacco-free by 2040. This study undertakes a national-level political economy analysis to explore the dynamics that affect the processes of required tobacco policy reforms and implementation. Based on a desk review of pertinent pieces of literature and key informant interviews, (...) this research examines the political behavior of key individuals, institutional reform initiatives, and the government’s commitment to the tobacco control agenda. The findings indicate that the political will of becoming tobacco-free is explicitly present in key narratives. However, intra-government conflict of interests and incentives, the skewed commitment of government bodies, state-business nexus, incapacity of vital organizations, and the dubious role of key individuals and committees fail to translate this will into active implementation. The article concludes that the idea of tobacco control remains a strategic accommodation, and its implementation requires genuine commitment and wider public support. The government must confer adequate authority and resources to the national tobacco control cell and call for agencies to convene to the common of creating a tobacco-free Bangladesh. (shrink)

Constitutivism argues that the source of the categorical force of the norms of rationality and morality lies in the constitutive features of agency. A systematic failure to be guided by these norms would amount to a loss or lack of agency. Since we cannot but be agents, we cannot but be unconditionally guided by these norms. The constitutivist strategy has been challenged by David Enoch. He argues that our participation in agency is optional and thus cannot be a source of (...) categorical demands. In this paper, I defend the viability of constitutivism by showing that agency is indeed a special ‘inescapable’ enterprise. Agency has the largest jurisdiction, and it is closed under rational assessment. This inescapability does not exempt constitutivism from raising the question whether agents have reason to be agents, but this question has to be taken up within agency. If this question is answered affirmatively, then—I argue—the criteria of practical correctness are self-ratifying in a non-circular way. This is sufficient to show the viability of the constitutivist strategy. Whether agents have conclusive reasons to be agents, however, is a matter to be addressed in the terms of particular versions of constitutivism. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...) the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

Seeking a decision theory that can handle both the Newcomb problems that challenge evidential decision theory and the unstable problems that challenge causal decision theory, some philosophers recently have turned to ‘graded ratifiability’. However, the graded ratifiability approach to decision theory is, despite its virtues, unsatisfactory; for it conflicts with the platitude that it is always rationally permissible for an agent to knowingly choose their best option.

In this paper, I motivate a puzzle about epistemic rationality. On the one hand, there seems to be something problematic about frequently changing your mind. On the other hand, changing your mind once is often permissible. Why do one-off changes of mind seem rationally permissible, even admirable, while constant changes seem quintessentially irrational? The puzzle of fickleness is to explain this asymmetry. To solve the puzzle, I propose and defend the Ratifiable Reasoning Account. According to this solution, as agents redeliberate, (...) they gain two types of evidence. First, they gain inductive evidence that they will not stably settle their belief. Second, this inductive evidence affords higher-order evidence that they are unreliable at assessing the matter at hand. The fact that fickle agents gain this higher-order evidence explains why fickleness can be epistemically—not just practically—irrational. In addition to solving the puzzle, my account captures a wide range of contextual factors that are relevant for our judgments. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

It has long been recognised that great art, whether visual art, literature or music, has a special capacity to “live on” – to endure – long after the moment of its creation. Thus, our world of art today includes, for example, ancient Mesopotamian sculpture, Shakespeare’s plays, and the music of medieval times. How does this capacity to endure operate? Or to ask that question another way: what does “endure” mean in the case of art? The Renaissance concluded that art endures (...) because it is timeless – impervious to change, “eternal”, “immortal” – and this solution, which was ratified without question by Enlightenment philosophers of art such as Hume and Kant, still lingers on in some quarters today. But developments since the nineteenth century have gravely weakened the credibility of the proposition that art is immortal, and the idea is now effectively dead. This leaves us with a major dilemma: if art is not impervious to change, how exactly does it endure? If the time-honoured solution of immortality is no longer viable, what alternative explanation can we find to replace it? -/- This paper explains why immortality is dead, describes our contemporary dilemma, and briefly canvasses a possible solution. (shrink)

While in this paper I focus on adoptees, my argument is applicable to donor-conceived children and children of misattributed paternity. I address some of the noted risks of closed adopted and the benefits of open adoption, which is more in keeping with Article 7 of the United Nations Convention on the Rights of the Child (CRC), which provides all children with a right to know about their genetic parents and which the Australian government ratified in 1980.

Newman remains an ecumenical figure held in high esteem by Roman Catholics and Anglicans. His ecumenical hermeneutics is observable in Tract No. 90. This Tract is a re-reading of the Thirty-nine Articles of Religion ratified in 1571 as the fundamentals of the Anglican faith. This tract is the product of the Oxford Movement that returned to the Antiquity in view of resolving the Anglican faith crises epitomized by erastianism. This return to the Fathers of the Church had a lot of (...) implications for the Anglican faith. Influenced by Antiquity, Newman rediscovered the common grounds between the Anglican faith and the church Catholic that inheres in the Roman Church. Thus, Tract No. 90 demonstrated that more things united the Nineteenth Anglicans and the Roman Catholics than what separated them. (shrink)

Joint practical deliberation is the activity of deciding together what to do. In this dissertation, I argue that several speech acts that we can use to alter our moral obligations – promises, offers, requests, demands, commands, and agreements – are moves within joint practical deliberation. -/- The dissertation begins by investigating joint practical deliberation. The resulting account implies that joint deliberation is more flexible than we usually recognize, in two ways. First, we can make joint decisions not only about what (...) we will do together, but also about what you or I will do alone. Second, we can deliberate by means of two distinct methods: propose-and-ratify, in which a proposed joint decision must be explicitly accepted to come into effect, and propose-and-challenge, in which a proposed joint decision comes into force unless it is explicitly challenged. -/- Varying these parameters generates a botany of different kinds of proposals we can make within joint deliberation. When we look at these proposals more closely, we make a surprising discovery: for each kind of proposal we can make in joint practical deliberation, there is an everyday speech act with the very same properties. A certain kind of proposal to make a joint decision regarding one’s own actions has the same normative effects, under the same conditions, as a promise. One kind of proposal to make a joint decision regarding one’s addressee’s actions has all the essential features of a command; another kind of deliberative proposal – with the same content but a different method of evaluation – looks exactly like a request. And so on. -/- These similarities are too systematic to be coincidental. The only explanation, I argue, is that these ordinary speech acts are identical to their doppelgängers within joint practical deliberation. Promises and offers are proposals to make joint decisions about what I will do. Commands, demands, and requests are proposals to make joint decisions about what you will do. And agreements are joint decisions about what we will do. Call this the deliberative theory of these speech acts. -/- Considering each speech act in turn, I defend the deliberative theory by arguing that it provides a uniquely powerful explanation of its targets’ social and moral significance. Once we see how naturally these speech acts fall out of our practice of joint deliberation, theories that treat them as sui generis – as many moral philosophers now do – will come to seem redundant and nonexplanatory. Conversely, thinking of promises, offers, commands, demands, requests, and agreements as moves within joint practical deliberation allows us to give an elegant and generative theory of these phenomena that have confounded moral philosophers for so long. (shrink)

Our work focuses on the novel Julie, or the New Heloise by Jean Jacques Rousseau (1761), particularly on the character of Saint Preux, Julie's lover. Our interest is strictly philosophical. First, we expose the ways in which Rousseau takes pleasure in denigrating Saint Preux to conclude that he is a feminine character: the virility-femininity distinction has no relation to the gender difference because (following a Socratic tradition through Plutarch) it is in agreement with the opposition between self-control (activity) - submission (...) to the passions (passivity); femininity is always a lack of virtue proper to men. Secondly, we focus on the annihilation of Saint Preux by the voluntary renunciation of his freedom, that is, of his humanity—an absurd and inconceivable renunciation, according to The Social Contract (1762). Thirdly, we examine the reasons for this annihilation; we propose that the novel, far from contradicting, ratifies and deepens the ethical and political condemnation of gallant love that Rousseau had carried out in the Letter to M. D'Alembert on Spectacles (1758). Finally, we examine the relevance of Saint Preux in our time, pointing out the connection that Rousseau denounces between the alleged freedom to love and political inaction Keywords: Virtue  Freedom  Slavery  Ethics  Plutarch. -/- Nuestro trabajo se centra en la novela Julia o la Nueva Eloísa de Jean Jacques Rousseau (1761), particularmente en el personaje de Saint Preux, el amante de Julia. Nuestro interés es estrictamente filosófico. Primero, mostramos los modos en los que Rousseau se complace en denigrar a su personaje enamorado para concluir que Saint Preux es femenino: la distinción virilidad-femineidad prescinde de la diferencia de género porque (recuperando una tradición socrática a través de Plutarco) coincide con la oposición entre dominio (de sí) /actividad - sumisión (a las pasiones) /pasividad; la femineidad es un defecto de virtud que compete siempre a los hombres. Segundo, nos detenemos en la (auto) aniquilación de Saint Preux por la renuncia voluntaria a su libertad, es decir, a su humanidad, renuncia absurda e inconcebible, según Del Contrato Social (1762). Tercero, preguntamos por las razones de esta aniquilación; proponemos que la novela de amor, lejos de contradecir, ratifica y lleva al último extremo la condena ética y política del amor galante que Rousseau había llevado a cabo en la Carta a d’Alembert sobre los espectáculos (1758). Finalmente, preguntamos sobre la actualidad de Saint Preux señalando la vigencia de esta imbricación que Rousseau denuncia entre la pretendida libertad de amar y la inacción política. Palabras Clave: Virtud  Libertad  Esclavitud  Ética  Plutarco. -/- . (shrink)

This review essay of Economics Rules situates Dani Rodrik’s contribution with respect to the 2007–2008 global economic crisis. This financial meltdown, which the eurozone did not fully recover from before the Covid-19 pandemic, led to soul- searching among economists as well as a call for heterodox economic approaches. Yet, over the past decade, instead the economics profession has maintained its orthodoxy. Rodrik’s Economics Rules offers a critique of the economics profession that is castigating but mild. It calls for economists to (...) use more and diverse models without becoming wedded to any single model or an overarching vision. Yet Rodrik ratifies many of the benchmark models standard to orthodox economics and provides little ground for a fundamental rethinking of the discipline. This essay analyses the conservatism underlying Rodrik’s approach, which upholds general equilibrium theory and rational expectations underlying the efficient market hypothesis. It argues that the economics discipline’s scope-creep to maintain its applicability to all human decision-making, and its acceptance of all-inclusive utility functions, crowds out moral sentiments and civic virtue. Thus. it argues that rather than urging economists simply to be more cautious in their application of models to address particular social concerns, instead economists must recognise their discipline’s inherent limitations. (shrink)

Within the family, siblings work to create separate, stable social identities. One of the jobs of language socialization is the acquisition and appreciation of appropriate forms with which to perform the acts and stances which create social role. Children learn which roles are expected of them, and which forms are appropriate for the enactment of these roles in part through "trying on" various roles which may then be ratified or rejected by other members of the family. In addition to ratifying (...) sibling roles, however, older siblings may be involved in a struggle to maintain their own local position. This paper is particularly interested in how older siblings guide younger siblings' socialization through ratification of social stance, while working to maintain their own role within the family hierarchy. (shrink)

Older siblings play a role in their younger siblings’ language socialization by ratifying or rejecting linguistic behavior. In addition, older siblings may engage in a struggle to maintain their dominant position in the family hierarchy. This struggle is seen through the lens of language and political economy as a struggle for symbolic capital. Bilingual adolescent sibling interactions are analyzed as expressions both of identity and of symbolic power. This paper proposes a theory of political micro-economy, by which analysts may trace (...) connections between broad societal structures and structures of face-to-face interaction. (shrink)

It is revealed the invalidity of the idea that famous Schrodinger's cat thought experiment can be a quantum touchstone. The arguments are: (i) the probabilistic incorrectness in the (over)rating of the subject, (ii) the possibility of imagining non-quantum scenarios but completely similar to that experiment (iii) lack of ratified practical tests having genuine essence (i.e., non-counterfeit). So, the aforesaid experiment appears as a simplistic thought exercise without any notable significance for quantum physics.

Andy Egan recently drew attention to a class of decision situations that provide a certain kind of informational feedback, which he claims constitute a counterexample to causal decision theory. Arntzenius and Wallace have sought to vindicate a form of CDT by describing a dynamic process of deliberation that culminates in a “mixed” decision. I show that, for many of the cases in question, this proposal depends on an incorrect way of calculating expected utilities, and argue that it is therefore unsuccessful. (...) I then tentatively defend an alternative proposal by Joyce, which produces a similar process of dynamic deliberation but for a different reason. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute settlement mechanics. (...) In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept (...) of "de-emption". The United States Senate's explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives to control greenhouse gasses - especially the documents concluded between New Jersey and the Netherlands, provide rich examples of these tools in contemporary action. (shrink)