ABSTRACT- In this paper my aim is to concentrate on the concepts like predicate, properties and classes; with an aim to understand the reason behind the re-applicability of general terms. It must also be noted that here general terms are supposed to be found in the predicate place of a proposition as properties and how they are ascribed to objects which may be mentioned in the subject place. This paper harps on the issue of; what acts as (...) a deciding factor behind such act of classification. A clear effort has been made as to the reason behind our grouping of objects and what we actually search for while choosing an object under a class. I have tried to make my point on the issue that at most we can call our act of classification as natural instead of calling a class as natural. For this I have particularly chosen an article of Anthony Quinton namely, ‘Properties and Classes’ (1958 vol-58, Issue 1, 1st June Proceedings of the Aristotelian Society). (shrink)

The aim of this article is to study the notion of derivability and its semantic counterpart in the context of non-transitive and non-reflexive substructural logics. For this purpose we focus on the study cases of the logics _S__T_ and _T__S_. In this respect, we show that this notion doesn’t coincide, in general, with a nowadays broadly used semantic approach towards metainferential validity: the notion of local validity. Following this, and building on some previous work by Humberstone, we prove that (...) in these systems derivability can be characterized in terms of a notion we call absolute global validity. However, arriving at these results doesn’t lead us to disregard local validity. First, because we discuss the conditions under which local, and also global validity, can be expected to coincide with derivability. Secondly, because we show how taking into account certain families of valuations can be useful to describe derivability for different calculi used to present _S__T_ and _T__S_. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, since not preventing (...) wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

The paper lays the foundations for a duty of sustainable property use based on Kant’s Doctrine of Right. In doing so, it contributes to the project of extending the application of Kant’s philosophy to environmental issues so as to include his legal-political philosophy. After providing some context, focusing in particular on Kant’s property argument, I present and critically evaluate a recent argument for a duty of sustainable property use, put forward by Attila Ataner. Then, I draw on Reinhard Brandt’s and (...) Katrin Flikschuh’s interpretation of Kant’s permissive law in order to develop my own argument. According to my account, the duty of sustainable property use is rooted in Kant’s property argument, it is best construed in terms of interpersonal freedom, and it has a structure resembling that of duties of distributive justice. Unlike Ataner’s, my argument proceeds entirely within the domain of interpersonal freedom; it focuses clearly on the normative sense of usability; it does not overgenerate obligations; and it categorises the duty of sustainable property use within Kant’s taxonomy of duties. It thus constitutes a promising starting point to further investigate the connection between sustainability, Kant’s property argument and its use of a permissive law, and the Universal Principle of Right. (shrink)

[This is the full issue of the first issue of Mɛtascience] -/- This inaugural issue of the journal Mεtascience is also a special issue since it pays tribute to Mario Bunge (1919-2020) to high light his contribution to knowledge and our filiation with his thought. Mario Bunge's project is part of the humanist and scientific tradition of the Enlightenment. At the end of his intellectual journey, he wrote more than 150 books and 540 articles or chapters, including translations into several (...) languages. The work covers almost all branches of philosophy, from ontology to ethics, semantics, episte mology, methodology, praxeology and axiology, as well as a large number of scientific disciplines, ranging from physics to sociology, chemistry, biology and psychology. Without a doubt, Bunge's mag num opus is the Treatise on Basic Philosophy in nine volumes (1974- 1989). The six contributions gathered here come from authors from differ ent backgrounds. Like Bunge's project, they are neither part of the an alytic or continental movement in philosophy. The reader will find studies on the Bungean system, applications of Bungean thought, re flections and testimonies, and metascientific contributions. From the point of view of metascience as theorized in these pages, Bunge is the last of the philosophers and the first metascientific. He kept from philosophy the idea of a complete system that would inte grate semantics, ontology, epistemology, ethics, axiology and praxe ology, but he refused to problematize scientific knowledge in a tradi tional way. The result is surprising: even by accepting science as it is, he finds room for questioning. May Mεtascience be a place of questioning and deployment of the approach designed by Mario Bunge. (shrink)

This fifth volume on Advances and Applications of DSmT for Information Fusion collects theoretical and applied contributions of researchers working in different fields of applications and in mathematics, and is available in open-access. The collected contributions of this volume have either been published or presented after disseminating the fourth volume in 2015 in international conferences, seminars, workshops and journals, or they are new. The contributions of each part of this volume are chronologically ordered. First Part of this book presents some (...) theoretical advances on DSmT, dealing mainly with modified Proportional Conflict Redistribution Rules (PCR) of combination with degree of intersection, coarsening techniques, interval calculus for PCR thanks to set inversion via interval analysis (SIVIA), rough set classifiers, canonical decomposition of dichotomous belief functions, fast PCR fusion, fast inter-criteria analysis with PCR, and improved PCR5 and PCR6 rules preserving the (quasi-)neutrality of (quasi-)vacuous belief assignment in the fusion of sources of evidence with their Matlab codes. Because more applications of DSmT have emerged in the past years since the apparition of the fourth book of DSmT in 2015, the second part of this volume is about selected applications of DSmT mainly in building change detection, object recognition, quality of data association in tracking, perception in robotics, risk assessment for torrent protection and multi-criteria decision-making, multi-modal image fusion, coarsening techniques, recommender system, levee characterization and assessment, human heading perception, trust assessment, robotics, biometrics, failure detection, GPS systems, inter-criteria analysis, group decision, human activity recognition, storm prediction, data association for autonomous vehicles, identification of maritime vessels, fusion of support vector machines (SVM), Silx-Furtif RUST code library for information fusion including PCR rules, and network for ship classification. Finally, the third part presents interesting contributions related to belief functions in general published or presented along the years since 2015. These contributions are related with decision-making under uncertainty, belief approximations, probability transformations, new distances between belief functions, non-classical multi-criteria decision-making problems with belief functions, generalization of Bayes theorem, image processing, data association, entropy and cross-entropy measures, fuzzy evidence numbers, negator of belief mass, human activity recognition, information fusion for breast cancer therapy, imbalanced data classification, and hybrid techniques mixing deep learning with belief functions as well. (shrink)

The theory of plithogeny developed by Smarandache is described as a more generalized form of representing sets of different nature such as crisp, fuzzy, intuitionistic and neutrosophic. Plithogenic set comprises degree of appurtenance and contradiction degree with respect only to the dominant attribute. This paper introduces extended plithogenic sets comprising degrees of appurtenance and contradiction with respect to both dominant and recessive attributes. The extension of the 5-tuple Plithogenic sets to a 7- tuple plithogenic sets helps in developing a more (...) comprehensive kind of Plithogenic sociogram. The newly developed plithogenic sets and its implications in Plithogenic sociogram is validated by the decision making problem on food processing industries. The obtained results using extended plithogenic sets are more promising in comparison to the conventional plithogenic sets. The proposed kind of plithogenic sets will benefit the decision makers to make optimal decisions based on both optimistic and pessimistic approaches. (shrink)

Summary. The viability of the proposal that human cognition involves the utilization of nonsentential models is seriously undercut by the fact that no one has yet given a satisfactory account of how neurophysiological circuitry might realize representations of the right sort. Such an account is offered up here, the general idea behind which is that high-level models can be realized by lower—level computations and, in turn, by neural machinations. It is shown that this account can be usefully applied to (...) deal with problems in fields ranging from artificial intelligence to the philosophy of science. (shrink)

A hypergroup, as a generalization of the notion of a group, was introduced by F. Marty in 1934. The first book in hypergroup theory was published by Corsini. Nowadays, hypergroups have found applications to many subjects of pure and applied mathematics, for example, in geometry, topology, cryptography and coding theory, graphs and hypergraphs, probability theory, binary relations, theory of fuzzy and rough sets and automata theory, physics, and also in biological inheritance.

F. W. Schelling’s Principle of Art returns us to an ancient epic sensibility, as argued elsewhere, laying the foundations for how we might reverse the ‘modern mythology’ at the core of humanity’s ecological/existential crisis. This paper advances that argument by examining Schelling’s systematic approach to constructing art ‘in the particular’ (art-forms/works). ‘Particularity’ is subject only to the reason inherent in the potences (or consequences) of the affirmation of the whole unity (the Principle). This suggests how Schelling’s ‘affirming principles’ determine the (...) boundary conditions of his ‘mythological categories’, and how his generalities inform a ‘scientific sequence’ for explaining the features of the Formative and Verbal arts. I examine these in detail in various artforms, and how they resolve key difficulties (eg., appearance/reality, form, intentionality, and purpose) for assessing art’s higher meaning-value directionality. My analysis reveals why phenomenology is key to understanding meaning in art, and ultimately why we arrived at the problematic modern ‘epic’ reversal of ancient universalising, focusing our attention on means over ends (‘final causes’) in art-making/admiring. By explaining the practical application of the Principle-in-action, in constructing/assessing any artforms/works ‘for all time’ in terms of meaning-value, I expand on my earlier argument that Schelling’s ‘dialectical aesthetics’ presents a radical advance on Kant’s. And, in the process, I suggest why our dominant mythological approach to Literature, Drama, and even fundamental conceptions of Tragedy and Comedy begs revision. My conclusion summarises what shifts in our attendance to the art object Schelling’s system demands, to reverse our unrealistic mythological orientation. Why his Philosophy of Art offers a suitable framework for collectively re-worlding the world, becomes clear in praxis; revealing the need to change practices, traditions, and institutions, in order to advance a New Mythology. (shrink)

Kant’s Formula of Universal Law (FUL) is generally believed to require you to act only on the basis of maxims that you can will without contradiction to become universal laws. In “Contradiction and Kant’s Formula of Universal Law” (2017), I have proposed to read the FUL instead as requiring that, for any maxim on which you act, you can will two things simultaneously, without volitional self-contradiction: (1) willing the maxim as your own action principle and (2) willing that it become (...) a universal law. In the present essay, I reply to comments by Mark Timmons, Michael Walschots, Paola Romero, and Stefano Lo Re. In response to their comments concerning the application of the FUL, I expand the interpretive framework of the Volitional Self-Contradiction Interpretation. I argue that Kant also constructs the diagnostic volitional self-contradiction as a contradiction between (1) willing a tested maxim to become a universal law and (2) willing what humans, qua finite rational beings, necessarily will, namely the means to their actual and possible future ends. I also clarify how the two ways in which Kant specifies the test are related. Furthermore, I clarify the relation between the Volitional Self-Contradiction interpretation and other interpretations of the FUL, in particular the ‘Practical Contradiction’ and ‘Logical Contradiction’ interpretations, as well as its difference from the Golden Rule. I also address the objection that the volitional self-contradiction is superfluous, clarify the relation between the Formula of Universal Law and the Formula of the Law of Nature, and explain why the will of an immoral agent does not contain a volitional self-contradiction of the type at issue. (shrink)

This paper presents a more clear formulation of the correspondence principle and explores its justification.

The research aims to identify the status of the application of electronic document management system in governmental institutions – the study was applied on the Palestinian Pension Agency. The population of this study is composed of all employees in the Palestinian Pension Agency. In order to achieve the objectives of the study, the researchers used the descriptive and analytical approach, through which try to describe the phenomenon of the subject of the study, analyze the data and the relationship between the (...) components and the views put around it. Census method was used due to the small size of the study population and ease of access to the target group. (108) questionnaires were distributed to all members of the study population, were (65) employees in the Gaza Strip and (43) employees in the West Bank. All questionnaires were recovered. The study found the following results: There were no statistically significant differences in the members of the population in response to differences in the study about the reality of the application of electronic document management system in governmental institutions - case study on the Palestinian Pension Authority due to the age. There are no statistically significant differences in population members in response to the reality of the application of electronic document management system in governmental institutions - case Study on the Palestinian Pension Authority due to the variable nature of the job. As well as there are no statistically significant differences in the members of the population in response to the study about the reality of the application of electronic document management system in governmental institutions - case study on the Palestinian Pension Authority due to the variable of specialization. There are statistically significant differences in the study about the reality of the application of electronic document management system in governmental institutions - case study on the Palestinian Pension Authority due to Qualification variable for the benefit of members of the population study who are holding a Bachelor degree. There are statistically significant differences in the study about the reality of the application of electronic document management system in governmental institutions – case study on the Palestinian Pension Authority due to the variable number of years of experience for the benefit of members of the study population who have experience between 11-15 years. The study found a group of recommendations, including: the need to focus on the establishment of a general management of electronic documents in the organization structure that takes care of all the technical processes in it an contains scientifically qualified persons in the field of electronic document management. The need is for the attention in developing strategic plans, policies and mechanisms of action commensurate with the electronic document management system. (shrink)

To solve the ship of Theseus puzzle, you need several keys. First of all, we need to fix the application condition of the physical object—it is a vehicle or an object memory; then the identification criterion—the ship was named The Ship of Theseus when he boarded it; and finally the re-application criterion—a ship (or an object memory) when it is the same ship (or object memory) as before. The degree of change from the previous and reference states must be given. (...) The identity of physical objects over time can be expressed by the uniformity of the time slices of the persisting objects. Uniformity exists from the point of view that these instances are temporal cross-sections of the same object; they may differ in other characteristics; there are no general a priori principles independent of practice. The definition of identity is decided by the community of language users. The two states of an object are the same as long as the rate of change of state remains below the threshold value relative to the reference. The two states of an object are similar as long as the change is below a threshold value with respect to each other. Similarity can be described by a tolerance relationship. The mathematical relation describing uniformity is formally an equivalence relation, just as the relation describing identity is an equivalence relation. A physical object is identical to an equivalence class when we speak of the object's identity over time and identical or not identical to an element of the equivalence class when we speak of the object having changed or ceased to exist. (shrink)

Nudging is the idea that people’s decisions should be influenced in predictable, non-coercive ways by making changes to the way that options are presented to them. Central to the debate about nudging is the question of whether it is morally permissible to intentionally nudge others. Libertarian paternalists maintain that this can be the case. In this paper, I present the libertarian paternalistic criteria for the moral permissibility of intentional nudges. Having done this, I motivate two objections. The first one targets (...) the moral permissibility of nudging in general. The second one targets the moral permissibility of only a subset of nudges. After evaluating both of these objections, I conclude that although they are unsuccessful, the evaluation of The Manipulation Objection shows that the libertarian paternalistic criteria for the moral permissibility of intentional nudges fails. I end by suggesting a possible revision to the criteria that avoids the problem, considering its limitations, and providing examples of its applications. (shrink)

Maxwell’s Classical Electrodynamics (MCED) suffers several inconsistencies: (1) the Lorentz force law of MCED violates Newton’s Third Law of Motion (N3LM) in case of stationary and divergent or convergent current distributions; (2) the general Jefimenko electric field solution of MCED shows two longitudinal far fields that are not waves; (3) the ratio of the electrodynamic energy-momentum of a charged sphere in uniform motion has an incorrect factor of 4/3. A consistent General Classical Electrodynamics (GCED) is presented that is (...) based on Whittaker’s reciprocal force law that satisfies N3LM. The Whittaker force is expressed as a scalar magnetic field force, added to the Lorentz force. GCED is consistent only if it is assumed that the electric potential velocity in vacuum, ’a’, is much greater than ’c’ (a ≫ c); GCED reduces to MCED, in case we assume a = c. Longitudinal electromagnetic waves and superluminal longitudinal electric potential waves are predicted. This theory has been verified by seemingly unrelated experiments, such as the detection of superluminal Coulomb fields and longitudinal Ampe`re forces, and has a wide range of electrical engineering applications. (shrink)

I have argued that the central Christian doctrine of general resurrection (with particular reference to the Pauline corpus) can and should be understood in a scientifically and philosophically informed context, and have proposed a personalist-phenomenological model of general resurrection as a personally continuous transformative re-embodiment by the grace of God within an interpretative framework that respects the methods and findings of science while rejecting scientism and associated physicalist metaphysical claims. I have considered and rejected the re-assembly model of (...) resurrection on theological, philosophical and scientific grounds. (shrink)

This study deals with Dominicus Gundissalinus’s discussion on metaphysics as philosophical discipline. Gundissalinus’s translation and re-elaboration of al-Fārābī’s Iḥṣā’ al-ʿulūm furnish him, in the De scientiis, a specific and detailed procedure for metaphysical analysis articulated in two different stages, an ascending and a descending one. This very same procedure is presented by Gundissalinus also in his De divisione philosophiae, where the increased number of sources –in particular, Avicenna– does not prevent Gundissalinus to quote the entire passage on the methods of (...) metaphysical science from the Iḥṣā’ al-ʿulūm, with some slight changes in his Latin translation. The analytical procedure herein proposed becomes an effective ‘metaphysical programme’ with regards to Gundissalinus’s onto-cosmological writing, the De processione mundi. The comparative analysis of this treatise with the procedure received by al-Fārābī shows Gundissalinus’s effort to follow and apply this metaphysical programme to his own reflection, in a whole different context from al-Fārābī’s and presenting doctrines quite opposed to the theoretical ground on which al-Fārābī’s epistemology is based, like ibn Gabirol’s universal hylomorphism. Nevertheless, thanks to the application of the ‘metaphysical programme’, one can effectively claim that Gundissalinus’s metaphysics is, at least in the author’s intentions, a well-defined metaphysical system. In appendix to this article the three Latin versions of al-Fārābī’s discussion on metaphysics are reported, e.g., Gundissalinus’s quotations in De scientiis and De divisione philosophiae, and Gerard of Cremona’s translation in his De scientiis. (shrink)

In the light of the results obtained during the last two decades in analysis of signals by time series, it has become evident that the tools of non linear dynamics have their elective role of application in biological, and, in particular, in neuro-physiological and psycho-physiological studies. The basic concept in non linear analysis of experimental time series is that one of recurrence whose conceptual counterpart is represented from variedness and variability that are the foundations of complexity in dynamic processes. Thus, (...) the recurrence plots and the Recurrence Quantification Analysis (RQA) are discussed. It is shown that RQA represents the most general and correct methodology in investigation of experimental time series. By it we arrive to inspect the inner structure of the time series connected to the signals under investigation. Linked to RQA we prospect also the method CZF, recently introduced by us. It is able to account for a true estimation of variability of signals in time as well as in frequency domain. And, consequently, it may be used in conjunction with classical Fourier analysis, accounting however that it is inappropriate in analysis of non linear and non stationary experimental time series. The use of CZF method in fractal analysis is also considered in addition to standard index as Hurst exponent. A large field of possible applications in neurological as well as in psycho-physiological studies is given. Also, there are given examples of other and (possibly linked) applications as example the analysis of beat-to-beat fluctuations of human heartbeat intervals that is sovereign in psycho-physiological studies. We give applications on some different planes to evidence the particular sensitivity of such methods. We reach the objective to show that the previously exposed methods are also able to predict in advance the advent of ventricular tachycardia and/or of ventricular fibrillation. The RQA analysis gives good results. The CZF method gives the most excellent results showing that it is able to give very significant indexes of prediction. We also apply such methods in investigation of state anxiety, and proposing in detail a quantum like model of such phenomenological status of the mind. (shrink)

The existence of singularities alerts that one of the highest priorities of a centennial perspective on general relativity should be a careful re-thinking of the validity domain of Einstein’s field equations. We address the problem of constructing distinguishable extensions of the smooth spacetime manifold model, which can incorporate singularities, while retaining the form of the field equations. The sheaf-theoretic formulation of this problem is tantamount to extending the algebra sheaf of smooth functions to a distribution-like algebra sheaf in which (...) the former may be embedded, satisfying the pertinent cohomological conditions required for the coordinatization of all of the tensorial physical quantities, such that the form of the field equations is preserved. We present in detail the construction of these distribution-like algebra sheaves in terms of residue classes of sequences of smooth functions modulo the information of singular loci encoded in suitable ideals. Finally, we consider the application of these distribution-like solution sheaves in geometrodynamics by modeling topologically-circular boundaries of singular loci in three-dimensional space in terms of topological links. It turns out that the Borromean link represents higher order wormhole solutions. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

The Neurological Disease Ontology (ND) is being developed to provide a comprehensive framework for the representation of neurological diseases (Diehl et al., 2013). ND utilizes the model established by the Ontology for General Medical Science (OGMS) for the representation of entities in medicine and disease (Scheuermann et al., 2009). The goal of ND is to include information for each disease concerning its molecular, genetic, and environmental origins, the processes involved in its etiology and realization, as well as its clinical (...) presentation including signs and symptoms. (shrink)

The purpose of the article is to solve an important scientific problem – further development of the basics of management decisions on the implementation of export-import activities based on the results of enterprise symptomatic diagnostics in disruption conditions of sustainable development of the world economy. The essence of enterprise symptomatic diagnostics in the context of management activity is specified by the results of the critical analysis of the scientific publications. The study of the features of the symptomatic diagnostics process of (...) enterprise export-import activity might become the basis for the development of a comprehensive approach to its implementation, which reveals the interaction of the theoretical, scientific and methodological basis and the targeted direction of managers` actions in the diagnostics process. Generalization of symptomatic complex of export-import activity of enterprises-manufacturers of BOPP films – Terichem Tervakoski, a.s. and Xpro India Ltd, helped to identify issues that are reducing its performance. A set of measures was explored in order to avoid the negative symptoms of export-import activity of Terichem Tervakoski and Xpro India Ltd. The authors revealed some dependency respecting that the more negative symptoms of export-import activity realization lead to decline the efficiency of its implementation. The results of the study might clarify the impact of symptoms on the results of the enterprise export-import performance. Symptomatic diagnostics of enterprise export-import activity is considered as the basis of a sequence of management measures in order to avoid negative symptoms of export-import activity. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

According to actualism about possible worlds everything that exists is actual. Possible worlds and individuals are actually existing abstract parts of the actual world. Aristotelian actualism is a view that there are only actual individuals but no possible ones, nor their individual abstract representatives. Because of that, our actualist account of modality should differ depending on whether it concerns actual individuals or possible ones. The main goal of the dissertation is to develop a metaphysical framework for Aristotelian actualism. Chapter 1 (...) explains basic issues associated with the possible world approach to modality. I overview modal realist and actualist views on possible worlds and explain why I support the actualist approach. Subsequently, I introduce a distinction between Platonic and Aristotelian actualism, and discuss some semantic issues associated with actualism as such. In Chapter 2 I argue that Aristotelian actualism, modeled on linguistic ersatzism, is preferable over its Platonic counterpart. Subsequently, I propose a metaphysical framework for Aristotelian ersatzism which is based on a claim that our modal concepts work differently for actual and possible individuals. In order to explain that claim I introduce three specific differences concerning modal features of actual and possible individuals: (a) Representational Difference, according to which actual and possible individuals are represented differently by possible worlds; (b) Metaphysical Difference, according to which actual and possible individuals are represented by possible worlds as having different metaphysical nature; (c) Modal Difference, which says while there are singular and contingent possibilities involving actual individuals, all possibilities about possible individuals are general and necessary. I propose to interpret those differences in terms of the doctrines of haecceitism, antihaecceitism and existentialism. There is however no consensus on how those views should be characterized. Chapters 3, 4, and 5 focus on providing a precise characterization of those doctrines. Chapter 3 focuses on the doctrines of modal haecceitism and antihaecceitism, which I view as opposite accounts of how possible worlds represent possibilities. According to modal haecceitism what possible worlds say about particular individuals does not supervene on what they say qualitatively. Modal antihaecceitism is a denial of such a claim. Chapter 4 concerns metaphysical haecceitism and antihaecceitism, which I take to be alternative accounts of the fundamental structure of reality. For the metaphysical haecceitist reality contains irreducible singular facts, while for the metaphysical antihaecceitist reality is purely qualitative and general. Chapter 5 focuses on an argument between existentialists and antiexistentialists. Existentialists claim that there are contingent singular propositions, while antiexistentialists deny that. I defend existentialism against antiexistentialist counterarguments, as well as criticize some of the antiexistentialist accounts of singular propositions modeled on the notion of individual essence. In Chapter 6, by appealing to the results of investigations conducted in Chapters 3, 4 and 5, I reconsider Representational, Metaphysical and Modal Differences. According to a view that I propose: (a) Representational Difference entails (extreme) modal haecceitism for actual individuals but (extreme) modal antihaecceitism for possible individuals; (b) Metaphysical Difference entails metaphysical haecceitism (individualism) for actual individuals, but metaphysical antihaecceitism (generalism) for possible individuals; finally (c) Modal Difference entails existentialism: while there are singular and contingent possibilities involving actual individuals, all possibilities about possible individuals are general and necessary. In Chapter 6, I also explain the implications of those views for the various issues, including transworld identity, essentialism, or the modal status of modal space. Lastly, Chapter 7 overviews some semantic and metaphysical applications of Aristotelian ersatzism. I explain how it manages to accommodate Kripkean semantics and how it is able to account for the possibilities of indiscernibles, alien individuals and iterated modalities. I also address some possible objections to my proposal, including an issue of implicit representation and the Humphrey objection. (shrink)

The aim of this article is to discuss the extent to which certain substructural logics are related through the phenomenon of duality. Roughly speaking, metainferences are inferences between collect...

Jurgen Habermas has argued that carrying out pre-natal germline enhancements would be inimical to the future child's autonomy. In this article, I suggest that many of the objections that have been made against Habermas' arguments by liberals in the enhancement debate misconstrue his claims. To explain why, I begin by explaining how Habermas' view of personal autonomy confers particular importance to the agent's embodiment and social environment. In view of this, I explain that it is possible to draw two arguments (...) against germline enhancements from Habermas' thought. I call these arguments ‘the argument from negative freedom’ and ‘the argument from natality’. Although I argue that many of the common liberal objections to Habermas are not applicable when his arguments are properly understood, I go on to suggest ways in which supporters of enhancement might appropriately respond to Habermas' arguments. (shrink)

Our main goal is to investigate whether the infinitary rules for the quantifiers endorsed by Elia Zardini in a recent paper are plausible. First, we will argue that they are problematic in several ways, especially due to their infinitary features. Secondly, we will show that even if these worries are somehow dealt with, there is another serious issue with them. They produce a truth-theoretic paradox that does not involve the structural rules of contraction.

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in particular (...) conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

This research aims to identify the use of decision support systems as an entry point for operations of re-engineering in the Palestinian universities in Gaza Strip. The researchers used the method of questionnaire to collect data, and the researchers used a sample stratified random way, were (350) questionnaire distributed on the research sample and (312) questionnaire were collected back (89.1%). The study results showed that the most important ones are: there exists statistically significant impact at the level of significance (α (...) ≤ 0.05) for physical requirements, human requirements. technical requirements and regulatory requirements. The results showed also, the presence of statistically significant differences between the averages of the study sample estimates on the use of decision support systems as an entry point for operations of re-engineering in the Palestinian universities in Gaza Strip due to the variable sex in favor of males requirements. Furthermore, the results showed the existence of differences to the variable name of the university and each area of study for the benefit of the Islamic University then Al-Azhar University and then Al-Aqsa University. The study also concluded a series of recommendations including: encourage Palestinian universities in Gaza Strip, which are planning to re-engine Information Systems to start implementing the programs in the radical change as soon as possible. The need for the Palestinian universities in Gaza Strip, to develop the infrastructure for information technology in general, and decision support systems, in particular, when doing re-engineering operations. And the need for a separate unit of decision support systems and organizational structure to allow information to flow seamlessly between colleges and various departments and divisions. And investment of available information in building the capacities of integration techniques, in order to enable them to continue with the re-engineering of Information Systems. (shrink)

Given a three-valued definition of validity, which choice of three-valued truth tables for the connectives can ensure that the resulting logic coincides exactly with classical logic? We give an answer to this question for the five monotonic consequence relations $st$, $ss$, $tt$, $ss\cap tt$, and $ts$, when the connectives are negation, conjunction, and disjunction. For $ts$ and $ss\cap tt$ the answer is trivial (no scheme works), and for $ss$ and $tt$ it is straightforward (they are the collapsible schemes, in which (...) the middle value acts like one of the classical values). For $st$, the schemes in question are the Boolean normal schemes that are either monotonic or collapsible. (shrink)

As opposed to a ‘one size fits all’ approach, precision medicine uses relevant biological, medical, behavioural and environmental information about a person to further personalize their healthcare. This could mean better prediction of someone’s disease risk and more effective diagnosis and treatment if they have a condition. Big data allows for far more precision and tailoring than was ever before possible by linking together diverse datasets to reveal hitherto-unknown correlations and causal pathways. But it also raises ethical issues relating to (...) the balancing of interests, viability of anonymization, familial and group implications, as well as genetic discrimination. This article analyses these issues in light of the values of public benefit, justice, harm minimization, transparency, engagement and reflexivity and applies the deliberative balancing approach found in theEthical Framework for Big Data in Health and Research to a case study on clinical genomic data sharing. Please refer to that article for an explanation of how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. Our discussion is meant to be of use to those involved in the practice as well as governance and oversight of precision medicine to address ethical concerns that arise in a coherent and systematic manner. (shrink)

This paper is a part-review analysis into the modern conception of both the word and Jihād and the violent nature of Islam. In order to develop an overarching modern theory of Jihād, current opinions and general argumtations in the literature are examined. Two theories have emerged in defining Islam and the role of Jihād in Islam. The first is that of the so-called Muslim apologists; scholars who define Jihād as mainly a personal struggle, and whose physical application (warfare) is (...) only in self-defence of the Islamic community. The second sponsors the concept of ‘offensive’ Jihād: that Islam is imperialistic and has a vision of global domination. The stark contrast in the divisions that the scholarship have are indicative of two opposing parties, likely each basing their respective policy positions on beliefs on the nature of Islam as a violent of peaceful ‘religion’. (shrink)

Our aim is to provide a sequent calculus whose external consequence relation coincides with the three-valued paracomplete logic `of nonsense' introduced by Dmitry Bochvar and, independently, presented as the weak Kleene logic K3W by Stephen C. Kleene. The main features of this calculus are (i) that it is non-reflexive, i.e., Identity is not included as an explicit rule (although a restricted form of it with premises is derivable); (ii) that it includes rules where no variable-inclusion conditions are attached; and (iii) (...) that it is hybrid, insofar as it includes both left and right operational introduction as well as elimination rules. (shrink)

Historical and cultural approaches to climate generally consider climate to be a stabilising concept between weather and culture. Different historical and cultural concepts of climate signify different ways of learning to live with the weather. However, anthropogenic climate change evidences the limit of this approach: instead of stabilising, climates ephemeralise together with the ways we have come to adapt to them. Changing climates require a concept of climate that captures how climates are experienced both as stable and ephemeral. To create (...) such a concept, I engage in an exercise of counterfactual etymology, reconstructing the concept of climate that might have emerged from the Ancient Greek term hora as opposed to klima. Central to my re-creation of phenomenological climate are Plato's myths, through which I highlight the methodological kinship between myth and phenomenology. Drawing on a later dialogue, Philebus, I provide an ontological account of climates as both stable and ephemeral. I conclude by situating my approach to climate and its changes in recent work on the relationship between weather and climate, arguing for the necessity of phenomenological climate in order to make sense of what changes with climate change. My turn to Ancient Greek philosophy and its application to the phenomenology of climate and its changes sounds out a novel approach to research in historical geography. (shrink)

This paper establishes a Kantian duty against screen overexposure. After defining screen exposure, I adopt a Kantian approach to its morality on the ground that Kant’s notion of duties to oneself easily captures wrongdoing in absence of harm or wrong to others. Then, I draw specifically on Kant’s ‘duties to oneself as an animal being’ to introduce a duty of self-government. This duty is based on the negative causal impact of the activities it regulates on a human being’s mental and (...) physical powers, and, ultimately, on the moral employment of these powers. After doing so, I argue that the duty against screen overexposure is an instance of the duty of self-government. Finally, I consider some objections. (shrink)

This article is a preliminary draft for initiating and commencing a new pioneer dimension of expression. To deal with higher-dimensional data or information flowing in this modern era of information technology and artificial intelligence, some innovative super algebraic structures are essential to be formulated. In this paper, we have introduced such matrices that have multiple layers and clusters of layers to portray multi-dimensional data or massively dispersed information of the plithogenic universe made up of numerous subjects their attributes, and sub-attributes. (...) For grasping that field of parallel information, events, and realities flowing from the micro to the macro level of universes, we have constructed hypersoft and hyper-super-soft matrices in a Plithogenic Fuzzy environment. These Matrices classify the non-physical attributes by accumulating the physical subjects and further sort the physical subjects by accumulating their non-physical attributes. We presented themasPlithogenicAttributiveSubjectivelyWholeHyper-Super-Soft-Matrix(PASWHSS-Matrix)andPlithogenic Subjective Attributively Whole-Hyper-Super-Soft-Matrix (PSAWHSS-Matrix). Several types of views and level-layers of these matrices are described. In addition, some local aggregation operators for Plithogenic Fuzzy Hypersoft Set (PPFHS-Set) are developed. Finally, few applications of these matrices and operators are used as numerical examples of COVID-19 data structures. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

Without doubt, there is a great diversity of scientific images both with regard to their appearances and their functions. Diagrams, photographs, drawings, etc. serve as evidence in publications, as eye-catchers in presentations, as surrogates for the research object in scientific reasoning. This fact has been highlighted by Stephen M. Downes who takes this diversity as a reason to argue against a unifying representation-based account of how visualisations play their epistemic role in science. In the following paper, I will suggest an (...) alternative explanation of the diversity of scientific images. This account refers to processes which are caused by the social setting of science. What exactly is meant by this, I will spell out with the aid of Ludwik Fleck’s theory of the social mechanisms of scientific communication. (shrink)

What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or (...) wrong suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (shrink)

The article explores the interaction of two, potentially clashing, considerations, each reflecting a different conception of fairness concerning the resolution of interpersonal conflicts. According to the Equal Chance Principle, the harm for each person should be minimized in a significant and (roughly) equal degree; when this is impossible, each person should be accorded the highest possible equal chance to avoid the harm. According to the Importance Principle, the danger to the person who would otherwise suffer the more serious harm should (...) be prevented. (shrink)

In previous works (Floridi 2018) I introduced the distinction between hard ethics (which may broadly be described as what is morally right and wrong independently of whether something is legal or illegal), and soft or post-compliance ethics (which focuses on what ought to be done over and above existing legislation). This paper analyses the applicability of soft ethics to the General Data Protection Regulation and advances the theory that soft ethics has a dual advantage—as both an opportunity strategy (...) and a risk management solution. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline of the (...) similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

In several papers, I have argued for a theory of distributive justice and considered its implications. This theory includes a principle of responsibility that was endorsed by others within an account of defensive force (self-defense and defense of others). Whitley Kaufman criticizes this account which he refers to as the "distributive justice theory of self-defense" (DJ theory). In this paper, I respond to this criticism. I argue that Kaufman presents the theory inaccurately, that his standard of evaluation of the theory (...) is inadequate and that his claim that the theory should be rejected is unconvincing. (shrink)

Non-state peoples cannot be subjects of Kant’s international law, which accordingly affords them no protection against external interference. They might also lack the dynamic of private law at the basis of the duty of state entrance. Prima facie, this compels Kant to allow that their lands be appropriated and that they be forced out of the state of nature. But this conclusion is at odds with his cosmopolitanism, particularly its anti-imperialistic commitments: non-state peoples are protected against annexation, under Kant’s cosmopolitan (...) law. The paper makes three contributions to the debate on this tension. Firstly, it disambiguates scope, ground, and relata of the duty to exit the state of nature. Secondly, it argues that non-state peoples have an inter-group duty to exit the state of nature; and that this holds for a non-state people regardless of whether it also has an intra-group duty of state entrance, which remains unenforceable by outside parties. Finally, it offers a construal of the former duty as a cosmopolitan duty to interact peacefully even in the absence of a shared culture. (shrink)

Infectious logics are systems that have a truth-value that is assigned to a compound formula whenever it is assigned to one of its components. This paper studies four-valued infectious logics as the basis of transparent theories of truth. This take is motivated as a way to treat different pathological sentences differently, namely, by allowing some of them to be truth-value gluts and some others to be truth-value gaps and as a way to treat the semantic pathology suffered by at least (...) some of these sentences as infectious. This leads us to consider four distinct four-valued logics: one where truth-value gaps are infectious, but gluts are not; one where truth-value gluts are infectious, but gaps are not; and two logics where both gluts and gaps are infectious, in some sense. Additionally, we focus on the proof theory of these systems, by offering a discussion of two related topics. On the one hand, we prove some limitations regarding the possibility of providing standard Gentzen sequent calculi for these systems, by dualizing and extending some recent results for infectious logics. On the other hand, we provide sound and complete four-sided sequent calculi, arguing that the most important technical and philosophical features taken into account to usually prefer standard calculi are, indeed, enjoyed by the four-sided systems. (shrink)

The previous two parts of the paper demonstrate that the interpretation of Fermat’s last theorem (FLT) in Hilbert arithmetic meant both in a narrow sense and in a wide sense can suggest a proof by induction in Part I and by means of the Kochen - Specker theorem in Part II. The same interpretation can serve also for a proof FLT based on Gleason’s theorem and partly similar to that in Part II. The concept of (probabilistic) measure of a subspace (...) of Hilbert space and especially its uniqueness can be unambiguously linked to that of partial algebra or incommensurability, or interpreted as a relation of the two dual branches of Hilbert arithmetic in a wide sense. The investigation of the last relation allows for FLT and Gleason’s theorem to be equated in a sense, as two dual counterparts, and the former to be inferred from the latter, as well as vice versa under an additional condition relevant to the Gödel incompleteness of arithmetic to set theory. The qubit Hilbert space itself in turn can be interpreted by the unity of FLT and Gleason’s theorem. The proof of such a fundamental result in number theory as FLT by means of Hilbert arithmetic in a wide sense can be generalized to an idea about “quantum number theory”. It is able to research mathematically the origin of Peano arithmetic from Hilbert arithmetic by mediation of the “nonstandard bijection” and its two dual branches inherently linking it to information theory. Then, infinitesimal analysis and its revolutionary application to physics can be also re-realized in that wider context, for example, as an exploration of the way for physical quantity of time (respectively, for time derivative in any temporal process considered in physics) to appear at all. Finally, the result admits a philosophical reflection of how any hierarchy arises or changes itself only thanks to its dual and idempotent counterpart. (shrink)

In the sea trade, the traditional paper-based bill of lading has played an important role across the globe for centuries, but with the advent of advanced commercial modes of transportation and communication, the central position of this document is under threat. The importance of the bill of lading still prevails as does the need of the functions that this document served in the past, although in a changed format. In the recent past, the world has witnessed a lot of debate (...) about replacing this traditional paper-based document with an electronic equivalent that exhibits all of its functions and characteristics, both commercial and legal. More specifically, unlike many rival travel documents, such as the Sea Waybill, a bill of lading has two prominent features, that is to say, its negotiability and its acceptability as a document of title in certain legal jurisdictions that are required to be retained in an electronic bill of lading so as to also retain the prominence of this document in the future landscape. This thesis is, however, more concerned about the legal aspects of adopting the electronic bill of lading as a traditional paper-based legal document as well as an effective legal document in the present age. However, the scope of this debate remains primarily focused on the USA and UK jurisdictions. In the course of this thesis, it is observed that, in the past, the bill of lading has been subject to a variety of international regimes, such as The Hague Rules and The Hague-Visby Rules, and presently efforts are being made to arrive at a universal agreement under the umbrella of The Rotterdam Rules, but such an agreement is yet to arrive among the comity of nations. On the other hand, efforts made by the business community to introduce an electronic bill of lading are much louder and more evident. The private efforts, such as the SeaDocs System, CMI Rules, and the BOLERO Project, etc., were, however, received by the fellow business community with both applause as well as suspicion. At the same time, there are a number of concerns voiced by the international business community on the legislative adoptability in national and international jurisdictions and the courts’ approach in adjudicating cases involving electronic transactions and these are making the task of adoption of electronic bill of lading in the sea-based transactions a difficult task. Therefore, in the absence of any formal legal backing from national and international legislations, these attempts could not achieve the desired results. In this thesis, the present situation of the acceptability of electronic transactions in general, and of the electronic bill of lading specifically, has also been discussed with reference to certain national jurisdictions, such as Australia, India, South Korea and China, in order to present comparative perspectives on the preparedness of these nations. On the regional level, the efforts made by the European Union have also been discussed to promote electronic transactions within its jurisdiction. All the discussion, however, leads to the situation where the level of acceptability of electronic bill of lading in the near future is found to be dependent upon the official efforts from the national governments and putting these efforts towards arriving at an agreement on Rotterdam Rules as early as possible. The other area of importance revealed in this thesis is the need for change in juristic approach by the courts while interpreting and adjudicating upon cases involving electronic transactions. On the whole, this thesis has provided a cohesive and systematic review, synthesis and analysis of the history of the bill of lading, its importance as a document of title, and attempts to incorporate its important functions within the fast-paced electronic shipping commerce of today. In such a way it has provided a valuable contribution to the literature by providing a comprehensive resource for jurists, policy-makers and the business community alike, as they work towards adapting the bill of lading so that it might be successfully applied in electronic form. (shrink)

A theory of truth is usually demanded to be consistent, but -consistency is less frequently requested. Recently, Yatabe has argued in favour of -inconsistent first-order theories of truth, minimising their odd consequences. In view of this fact, in this paper, we present five arguments against -inconsistent theories of truth. In order to bring out this point, we will focus on two very well-known -inconsistent theories of truth: the classical theory of symmetric truth FS and the non-classical theory of naïve truth (...) based on ᴌukasiewicz infinitely valued logic: PAᴌT. (shrink)