Psychoanalytic self-psychology as outlined by such depth psychologists as Jung, Fordham, Winnicott and Kohut provide a framework for conceptualizing a relationship of complementarity between psychic and immune defence as well as loss of bodily and self integration in disease. Physicist Erwin Schrödinger’s thesis that the so-called “arrow of time” does not necessarily deal a mortal blow to its creator is reminiscent of the concept of timeless dimensions of the unconscious mind and the Self in Analytical Psychology, manifest for instance, in (...) dream content and archetypal symbols. These notions are not only consistent with the concepts of timelessness and meaningful coincidence (synchronicity) in psychoanalysis. They are also implicitly spiritual with intimations of a numinous dimension of the evolutionary process in which humanity participates. This includes the idea that an evolving God becomes conscious through and is completed by humankind in a process (Incarnational) theology which regards the numinous as both immanent and transcendent. And concepts of mind which transcend the individual in a transpersonal sense. The treatment of the psychophysical problem by depth psychologist Carl Jung and physicist Wolfgang Pauli with their notion of the unconscious archetypes as timeless, cosmic ordering and regulating principles creating a bridge between mind and matter in a relationship of complementarity is compatible with such a perspective on the numinous which might in turn be useful for contemporary theology and spirituality. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

In debates over the regulation of communication related to dual-use research, the risks that such communication creates must be weighed against against the value of scientific autonomy. The censorship of such communication seems justifiable in certain cases, given the potentially catastrophic applications of some dual-use research. This conclusion however, gives rise to another kind of danger: that regulators will use overly simplistic cost-benefit analysis to rationalize excessive regulation of scientific research. In response to this, we show how institutional design principles (...) and normative frameworks from free speech theory can be used to help extend the argument for regulating dangerous dual-use research beyond overly simplistic cost-benefit reasoning, but without reverting to an implausibly absolutist view of scientific autonomy. (shrink)

Normative political theorists have been growing more and more aware of the many difficult questions raised by the discretionary power inevitably left to public administrators. This article aims to advance a novel normative principle, called ‘principle of restraint’, regulating reform of established administrative agencies. I argue that the ability of public administrators to exercise their power in accordance with the requirements of public reason is protected by an attitude of restraint on the part of potential reformers. Specifically, they (...) should refrain from any reform of an administrative agency that involves a switch to a considerably more loosely interconnected system of values underlying the work of that agency. To illustrate the importance of the principle of restraint, I examine a case from British health policy, showing that a recent reform of the National Institute for Health and Care Excellence well exemplifies the serious problems brought by any violation of that principle. (shrink)

Status of the national currency of Ukraine exchange rate has been characterized as unstable in recent years. Herewith, the Government has not implemented decisive measures on its stabilization, as a rule, underestimating the importance of the Hryvnia exchange rate stability for the successful economic growth in terms of socio-economic transformations. It should also be noted that in modern conditions among scientific and methodical approaches to the State exchange rate formation mechanisms some uncertainty regarding basic and additional tools for such regulatory (...) activities allocation is still persist. The problem relevance is exacerbated by the lack of effective policy (coordination between the NBU and the Government actions) regarding the national currency stabilization as an indispensable prerequisite for an effective macroeconomic development. These circumstances determine the importance of factors influencing the national currency exchange rate and its regulation tools research, as well as new organizational and economic mechanisms for the national currency exchange rate in Ukraine stabilization identification. In the emerging market economy conditions formation of the efficient State currency exchange-rate regulation system provides an opportunity not only to stabilize its exchange rate in different socio-economic conditions, but to create the basis for improvement the country economic development as a whole. Given this, the issue of effective tools for the national currency exchange-rate regulation by the state determination is of theoretical, practical and methodological significance. This emphasizes the relevance of further scientific-methodological and practical principles in-depth development for the national currency exchange-rate regulation. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense (...) can inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

In the ‘Appendix to the Transcendental Dialectic’ of the Critique of Pure Reason, Kant contends that the idea of God has a positive regulative role in the systematization of empirical knowledge. But why is this regulative role assigned to this specific idea? Kant’s account is rather opaque and this question has also not received much attention in the literature. In this paper I argue that an adequate understanding of the regulative role of the idea of God depends (...) on the specific metaphysical content Kant attributes to it in the Critique and other writings. I show that neither a heuristic principle of conceptual systematicity, nor conceiving God as a hypothesis of an intelligent designer, can satisfy the demands of reason to make the unity and necessity of the laws of nature intelligible. Regarding the positive account about the metaphysical content of the idea of God, I support my argument by referring to Kant’s pre-critical discussion of the usefulness of the conception of God for the project of science, and by expounding Kant’s critical account of the necessity of the laws of nature. Thus my account sheds light on the continuity of Kant’s conception of God and his appropriation of his own rationalistic metaphysics. (shrink)

The key assumption behind evolutionary epistemology is that animals are active learners or ‘knowers’. In the present study, I updated the concept of natural learning, developed by Henry Plotkin and John Odling-Smee, by expanding it from the animal-only territory to the biosphere-as-a-whole territory. In the new interpretation of natural learning the concept of biological information, guided by Peter Corning’s concept of “control information”, becomes the ‘glue’ holding the organism–environment interactions together. The control information guides biological systems, from bacteria to ecosystems, (...) in the process of natural learning executed by the universal algorithm. This algorithm, summarized by the acronym IGPT (information-gain-process-translate) incorporates natural cognitive methods including sensing/perception, memory, communication, and decision-making. Finally, the biosphere becomes the distributed network of communicative interactions between biological systems termed the interactome. The concept of interactome is based on Gregory Bateson’s natural epistemology known as the “ecology of mind”. Mimicking Bateson’s approach, the interactome may also be designated “physiology of mind”—the principle behind regulating the biosphere homeostasis. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government interference (...) to promote business interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political (...) deliberations in Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

In the book “A Theory of Justice”, John Rawls examines the notion of a just society. More specifically, he develops a conception of justice—Justice as Fairness—derived from his novel interpretation of the social contract. Central to his account are two lexically-ordered principles of justice by which primary social institutions, or the basic structure of society, are ideally to be organized and regulated. Broadly speaking, the second of Rawls’ two principles pertains to “the distribution of income and wealth”, and its formulation (...) is to be understood as an expression of Rawls’ Difference Principle—roughly, the principle that “inequality in expectation is permissible only if lowering it would make the [worst-off] class even more worse off.”1 2 I want to suggest that Rawls’ Difference Principle (DP) entails the following worrisome outcome: Because DP maximizes the absolute level of expectation (and disregards the relative level), it authorizes potentially immense levels of inequality, such that this inequality itself can become a source of social discord and injustice. This paper will (§2) present Rawls’ formulation of DP, (§3) motivate the worrisome outcome entailed by DP, and (§4) offer a prima facie plausible solution in the form of an addendum to DP. (shrink)

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

Our reflections on LAWS issues are the result of the work of our research group on AI and ethics at the Informatics Center in partnership with the Information Science Department, both from the Federal University of Pernambuco, Brazil. In particular, our propositions and provocations are tied to Bianca Ximenes’s ongoing doctoral thesis, advised by Prof. Geber Ramalho, from the area of computer science, and co-advised by Prof. Diego Salcedo, from the humanities. Our research group is interested in answering two tricky (...) questions: What would an ethical AI be? And how can one guarantee that a given intelligent system will follow intercultural human ethical principles? (shrink)

As a policy instrument that is deeply rooted in technology assessment, the precautionary principle examines the effects of a given object on humans and the environment. In practice the principle is rarely used to analyze the effects of our safety measures on the object itself or the way it is produced. Yet it is exactly in the effect on the blood procurement system that blood safety regulations based on the precautionary principle have to be particularly careful, as (...) the vast majority of blood products in the Global North are obtained through donations. (shrink)

The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. (...) The precautionary principle is a deliberative principle. Its application involves deliberation on a range of normative dimensions which need to be taken into account while making the principle operational in the public policy context. Under EU law, any risk management measures to be adopted while implementing the precautionary principle, have to be proportionate to ensure the chosen high level of protection in the European Community. This articlewill illustrate the established practice concerning the release of genetically modified organisms into the environment and how the principle is implemented under hard law. The article also provides an outlook on what this may imply for the relative new case of nanotechnology and the use of precautionary principle within the context of soft law (use of codes of conduct). (shrink)

I examine the legitimacy of immigration controls in the context of Canada and this country’s restrictive immigration policies. Despite the fundamental, philosophical arguments against immigration restrictions, the necessity of immigration controls is rarely questioned in Canadian politics. In this paper I suggest that there is an incredible cynicism of Canadian immigration policies with respect to this country’s own political principles. The idea of international migration controls is neither sustainable from a larger liberal- theory perspective nor a political-economy viewpoint. I suggest (...) that geographers should imagine alternatives to the current systems of immigration control and the regulation of the international movement of people. (shrink)

This paper addresses the cultural sustainability of artificial intelligence use through one of its most widely discussed instances: autonomous driving. The introduction of self-driving cars places us in a radically novel moral situation, requiring advance, reflectively endorsed, forced, and iterable choices, with yet uncharted forms of risk imposition. The argument is meant to explore the necessity and possibility of maintaining one of our most fundamental moral-cultural principles in this new context, that of the equal treatment of persons. It is claimed (...) that the implementation of this principle requires central and uniform regulation in autonomous mobility. (shrink)

Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. This paper covers a (...) few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms. (shrink)

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show that our (...) view has distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action. (shrink)

After the 2008 crisis, there were several debates on the bail-out and the lack of accountability of financial institutions; this supposedly affects politica l values such as equality and responsibility: it implies transferring resources from the public (for instance, poor people) to specific economic agents who have chosen to incur certain risks. On the other hand, it is arguable that it would not be up to the regulators to protect investors’ interests, and that there would be more efficient and less (...) burdensome instruments associated with prudential regulation. Our goal is to provide a justification for the bail-out and for holding bankers accountable. In section 2, we present a brief description of the problem in the context of the crisis, followed by a justification for the bail-out through the incentives argument, based on Rawls’s difference principle. In section 3, we provide an ethical discussion over the corresponding moral hazards, and investigate how to mitigate it through coercive measures. (shrink)

Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society, in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable customer (...) exit; limitations on the platform’s ability to exercise unilateral termination; profile-based discrimination; and liability for mere intermediation. We introduce the biblical concept of covenant, and we review its unfolding in Jewish tradition. Further, we conceptualize three main covenantal principles: (1) responsibility—God and humans are both conceived as moral agents; (2) reciprocity—God as a caring law giver, open to human appeals; and (3) reasonability—divine instruction as initially intelligible. We demonstrate how the latter principle of explainability is exercised in the biblical law narratives and how the story of Balaam stresses the significance of moral agency that cannot hide behind “mere intermediary” claims. In light of this analysis, we revisit the relationship between tech giants and tech users to demonstrate how covenantality offers novel ways to conceptualize the noted conflicts between the parties. (shrink)

The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does not depend on (...) the consent of others, it is qualified by strict limits on the amount of property that may be rightly acquired. The societal right to property lifts these limits but is justified only under the principle of universal consent. This principle, I argue, implies the Rawlsian difference principle; i.e., that the regulation and distribution of property must be such as would elicit the freely proffered consent of society’s least advantaged members. (shrink)

This article takes a new idea, ‘normative behaviourism’, and applies it to global political theory, in order to address at least one of the problems we might have in mind when accusing that subject of being too ‘unrealistic’. The core of this idea is that political principles can be justified, not just by patterns in our thinking, and in particular our intuitions and considered judgements, but also by patterns in our behaviour, and in particular acts of insurrection and crime. The (...) problem addressed is ‘cultural relativism’, understood here not as a meta-ethical doctrine, but as the apparent ‘fact’ that people around the world have culturally varying intuitions and judgements of a kind that lead them to affirm different political principles. This is a problem because it seems to follow (1) that global agreement on any substantial set of political principles is impossible, and (2) that any political theory in denial of this ‘fact’ would be, for that reason, deeply unrealistic. The solution argued for here is that, if domestic political principles (i.e. principles intended to regulate a single state) could be justified by normative behaviourism, and in reference to culturally invariant behaviour, then an international system supportive of such principles is justifiable by extension. (shrink)

Pacifists and their opponents disagree not only about moral questions, but rather often about factual questions as well—as seen when looking at the controversy surrounding the crisis in Kosovo. According to my reconstruction of pacifism, this is not surprising since the pacifist,legitimately, looks at the facts in the light of her system of value. Her opponent, in turn, looks at the facts in the light of an alternative value system, and the quarrel between the two parties about supposedly descriptive matters (...) never ceases, as there is no objective reality about the war in question that could settle the issue.In my view, the pacifist's value-laden way of looking at reality implicitly obeys three epistemic imperatives. First, the Epistemic Imperative concerning Human Nature ("Resist demonizing the other side; always try to understand the case from the other point of view"). Second, the Epistemic Imperative concerning Non-Violent Alternatives ("Always search for non-violent alternatives to military action"). Third, the Epistemic Imperative concerning Uncontrolled Escalation ("Hone your senses to the uncontrolled, irreversible side effects of military action, particularly to the danger of military escalation leading to another world war"). Objective reality has no way of telling us how far we should go in following these imperatives. Rather, we have to make the decision about how far we are going to take them ourselves. In this way, the pacifist's epistemic imperatives are comparable to Kant's regulative principles. (shrink)

The metaphysical “Law of Continuity of Alterations” says that whenever an object alters from one state to another, it passes through a continuum of intermediate states. Kant treated LCA as a transcendental law of understanding. The primary purpose of the paper is to reconstruct and evaluate Kant’s three arguments for LCA. All three are found to be inadequate. However, a secondary goal of the paper is to show that LCA would have more naturally been construed as a regulative (...) class='Hi'>principle of reason. I conclude with some remarks about how this could work. (shrink)

In this work the doctrine of organicism will be addressed, as explained and seen mainly by Bertalanffy. We will study how this doctrine represents and embodies the ambiguity of Kantian teleology as a regulative principle, and how this same problem leads to consider a real problem as a knowledge problem. It will be concluded that organicism, conceived in this way, does not represent a true holism, but what we will call a syn-holism, a synthesis or assembly, and that (...) to obtain a true holism we must resort to the concept of true form. Finally, it will be established that since the fundamental characteristic of an organism is its development, a historical theory of the organism is required for which the concept of field can be useful and necessary. (shrink)

In this paper, I introduce the narrow-sense and wide-sense conceptions of the community of inquiry (Sprod, 2001) as a way of understanding what is meant by the phrase ‘converting the classroom into a community of inquiry.’ The wide-sense conception is the organising or regulative principle of scholarly communities of inquiry and a classroom-wide ideal for the reconstruction of education. I argue that converting the classroom into a community of inquiry requires more than following a specific procedural method, and, (...) therefore, that the wide-sense conception must inform the narrow-sense community of inquiry, as it provides the pedagogical guidelines for classroom practice. This is followed by a discussion on the dual role of the teacher as facilitator and co-inquirer in mediating between the two conceptions of the community of inquiry. Finally, I look at three different interpretations of John Dewey’s educational theory and practice that underpins philosophy for children. I conclude that without an understanding of the relationship between the two conceptions of the community of inquiry to guide the larger aims of an education that supports democratic ways of life, the teacher’s role remains unclear. (shrink)

Recently, the idea that our desire for the esteem of others could function as a regulative principle of social life has been criticized because the economy of esteem could reinforce oppressive structures due to expressions of mutual esteem within oppressing groups with deviant group norms. This article discusses this problem from a historical point of view, focusing on the moral and political writings of the eighteenth-century French materialist Paul Thiry d’Holbach. D’Holbach’s thoughts are relevant in two respects: For (...) situations of extreme power and wealth differences within oppressing groups, he shows that the economy of esteem does not work in favour of the members of these groups. This is so because the conditions of esteem and self-esteem of the members with lower hierarchical standing tend to be precarious, while the members with higher standing cannot use the flatteries of their inferiors as credible sources of esteem. D’Holbach concedes that self-esteem could be stabilized by refraining from self-reflection but argues that such a strategy comes at the price of an impaired capacity for protecting one’s natural needs. The upshot of his considerations is that our interest in esteem and self-esteem provides strong pragmatic and moral reasons for opposing oppression. (shrink)

This paper discusses Kant’s prospect of ‘hope’ that entangles with interrelated epistemic terms like belief, faith, knowledge, etc. The first part of the paper illustrates the boundary of knowing in the light of a Platonic analysis to highlight the distinction between empiricism and rationalism. Kant’s notion of ‘transcendent metaphysical knowledge’, a path-breaking way to look at the metaphysical thought, can fit with the regulative principle that seems favoruable to the experience-centric knowledge. The second part of the paper defines (...) ‘hope’ as an interwoven part of belief, besides ‘hope’ as a component of ‘happiness' can persuade the future behaviours of the individuals. Revisiting Kant’s three categorizations of hopes (eschatological hope, political hope, and hope for the kingdom of ends), the paper traces out Kant’s good will as a ‘hope’ and his conception of humanity. (shrink)

Throughout the critical period Kant enigmatically insists that reason is a ‘unity’, thereby suggesting that both our theoretical and practical endeavors are grounded in one and the same rational capacity. How Kant's unity thesis ought to be interpreted and whether it can be substantiated remain sources of controversy in the literature. According to the strong reading of this claim, reason is a ‘unity’ because all our reasoning, including our theoretical reasoning, functions practically. Although several prominent commentators endorse this view, it (...) is widely thought to lack exegetical support. This paper seeks to strengthen the case for this reading by showing how theoretical reason's positive function, as Kant presents it in the Appendix to the Transcendental Dialectic, may be construed as fundamentally practical. I argue that reason's supreme regulative principle ought to be understood as a categorical practical imperative. This interpretation, I suggest, resolves the apparent inconsistencies that blight Kant's account of the principle in the Appendix, while bringing greater overall coherence to his account of theoretical reason's regulative function. (shrink)

Abstract: By the second half of the eleventh century, in the Christian West, the theological doctrine of St. Anslem sought to re‐establish the place of reason within the domain of faith. Anselm arrived at a possible re‐enactment of this relation under the condition regulated by the principle fides quaerens intellectum – faith seeking reason. This paper is an attempt to explore not only the possible implications of this principle but to understand the internal logic which constitutes it and (...) holds it together. It is the contention of this paper that this regulative principle (fides quaerens intellectum) could complete such a process of logically constituting itself through a violent forcing of thought which gathered and maintained within itself an anomy. This internal paradox produced a logical excess which at one hand threatened constantly to expose a crisis, inhabiting the very centre of the theological system it sought to build, but on the other hand it also became the very ground on which such a system constituted itself. To that extent this paper would try to understand the metaphysical forcing of this moment of crisis back into the theological system it sought to express and normalize at the same time. (shrink)

This paper discusses the concept of Dána or charity as the foundation of Indian Social life. Dána has been in vogue in India since the Vedic times, but it was codified by the smritis which prescribe do’s and don’ts of the life of the individual. Limiting its scope to Yagnavalkya smriti the paper analyses the significance of Dána as a regulative principle of accumulation of wealth.

In the present paper, on the basis of the theory of production principles and production revolutions, we reveal the interrelation between K-waves and major technological breakthroughs in history and make some predictions about features of the sixth Kondratieff wave in the light of the Cybernetic Revolution which, we think, started in the 1950s. We assume that the sixth K-wave in the 2030s and 2040s will merge with the final phase of the Cybernetic Revolution (which we call the phase of self-regulating (...) systems). This period will be characterized by breakthroughs in medical technologies which will manage to combine many other technologies into a single complex of MBNRIC-technologies (med-bio-nano-robo-info-cognitive technologies). The article offers some predictions concerning the development of these technologies. (shrink)

This paper aims to show how Kant’s account of theoretical reason can inform the contemporary debate over unity and pluralism of science. Although the unity of science thesis has been severely criticized in recent decades, I argue that pluralism as the sole epistemic principle guiding science is both too strong and too weak a principle. It is too strong because it does not account for the process of theory unification in science. It is too weak because it does (...) not answer the question of how science ought to be done. I then look at a promising ‘perspectival’ (i.e., epistemically situated) approach to the problem Kant presents in the Appendix to the Transcendental Dialectic. I argue that the logical principles of systematicity (homogeneity, specification, continuity) form a ‘perspectival space’ within which scientists can pursue both unity and disunity of cognition. Finally, I suggest that the existing conflict between pluralism and unity ultimately resides in a metaphysical characterization of unity that does not correctly capture its epistemic significance in science. Looking at Kant’s ‘perspectivism’ not only allows us to resolve this apparent antinomy, but also to rethink unity and pluralism as mutually inclusive regulative principles. (shrink)

The comfort women case in South Korea has been a polemic issue in the context of inherited responsibility. The Japanese government who emphasizes on state as an agent for taking the responsibility tends either to deny collective responsibility of historic wrongdoings or to limit the scope of its roles to superficial ways such as reparation. Meanwhile South Korea demands not only reparation but official apology, emotional compassion, and material compensation on the ground that nation, not state, should be accountable for (...) historic injustice, but this claim still encounters a difficulty of application to cases originated in multinational countries. Based on these observations, I will develop two arguments: (1) that reciprocal nondomination conceptualized with civic responsibility will better the comfort women case in the context of inherited responsibility because this contains full ground of deliberation in which those who come from regardless of state or nation can participate; (2) that reciprocal nondomination embodied with civic responsibility can be operated as a regulative principle which prompts both victims and wrongdoers to have their deliberative stances and to reach an agreement conducive to transitional justice. (shrink)

Based on the reception of Emmanuel Levinas (1906–1995) philosophy in the English-speaking world, the paper highlights some tendencies in reading and commenting on classical philosophical works that have been the focus of attention for a long time. The author makes a suggestion that we can find persistent but nonetheless dynamic, patterns of commenting and interpreting. The first wave of Levinas studies was apologetic and laudatory. Its main task was to introduce new concepts, i.e. to paraphrase. The second wave was much (...) more appropriative and critical. In this period, the scholars tried to apply the philosophy of the Other to existing problems or they tried to resolve the paradoxes that were the products of apologetic readings. The today’s third wave recreates and readjusts interpretive strategies inherent to the first and second wave. To explain this dynamics of reading, the paper introduces a normative scheme that consists of three regulative principles – “faithfully”, “truthfully”, and “ethically”. Due to this tripartite opposition, in which “faithfully” refers to fidelity to an original, “truthfully” refers to the search for universal truth, and “ethically” refers to the inaccessibility for an ego to grab hold of a text of another person, commenting grows intensive. In addition, the opposition of “faithfully” and “truthfully” demonstrates some liberty in such, to some extent, involuntary practice as commenting. This reflexion helps identify the current phase of commenting on classical texts and the intentions of readers and commentators. What is more, it provides justifications for innovative readings of Levinas’ oeuvre as well as the texts of other great philosophers. (shrink)

In his Critique of Judgment (1790) Kant develops a teleology of nature. The concept of natural purpose leads him to the problem of the antinomy of teleological judgment. However, some ambiguity about what is said in the paragraphs concerned has frequently caused difficulties for the understanding of one of the core parts of the 3rd Critique. I argue that a coherent reading of §§69-71can nevertheless be achieved. In order to critically review and complete previous research I will primarily be focusing (...) on those passages which are notorious for their lack of clarity. The main problems regarding the interpretation of the antinomy’s identity can be solved. The results of this paper speak in favour of the currently prevailing view that holds the antinomy to be a genuine contradiction between two regulative principles. (shrink)

This paper reconstructs and defends Kant's argument for the transcendental status of reason's principles of the systematic unity of nature in the Appendix to the Transcendental Dialectic. On the present account, these principles are neither mere methodological recommendations for conducting scientific inquiry nor do they have the normative force of categorical imperatives, two extant interpretations of Kant's discussion of reason in the Appendix. Instead, they are regulative yet transcendental principles restricted to theoretical cognition. The principles of the systematic unity (...) of nature count as transcendental in virtue of their role as conditions of the inferential articulation of empirical concepts. (shrink)

Frankfurt examples are frequently used in arguments designed to show that agents lacking alternatives, or lacking ‘regulative control’ over their actions, can be morally responsible for what they do. I will maintain that Frankfurt examples can be constructed that undermine those very arguments when applied to actions for which the agent bears fundamental responsibility.

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

This chapter discusses the fundamental question of the defense industry’s role and legitimacy for societies. It begins with a parable of a psychopath doing something self-serving that has beneficial moral consequences. Analogously, it is argued, the defense industry profiting by selling weapons that can kill people makes it useful in solving moral problems not solvable by people with ordinary moral scruples. Next, the chapter argues that while the defense industry is a business, it is also implicated in the security of (...) its home nations. In addition, its products can be used for good or evil. Thus, it must navigate conflicting values, with the result that the rules often thought to rightly regulate the industry—codes of business ethics, engineering ethics, procurement ethics, plus laws of the land, and dicta of conscience—need supplementing by general moral reflection. This chapter argues for a principle that tells how to decide when to violate the rules, for a theory of rational choice on which choosing by this principle is rational, and for teaching that theory to defense industry employees to ensure their ethical behavior. (shrink)

Many nongovernmental forms of business regulation aim at reducing ethical violations in commerce. We argue that such nongovernmental ethics standards, while often laudable, raise their own ethical challenges. In particular, when such standards place burdens upon vulnerable market participants (often, though not always, SMEs), they do so without the backing of traditional legitimate political authority. We argue that this constitutes a structural analogy to wars of humanitarian intervention. Moreover, we show that, while some harms imposed by such standards are desirable, (...) others are best thought of as a form of collateral damage. We thus look at the well-developed literature on just war theory for inspiration and find that the principles of jus ad bellum and jus in bello contain many insights that can be fruitfully adapted to the case of nongovernmental standard-setting. Consequently, we propose the Ius ad Normam—a set of principles that should guide would-be standard-setters in assessing whether imposing those burdens is ethically justifiable in particular cases. We also discuss how powerful multinational businesses often act simultaneously as standard-takers and standard-setters and explore the normative implications of this dual role. (shrink)

Turkish Bu makalede bireylerin eylemlerine müdahale etmenin tek haklı gerekçesinin başkalarına zarar gelmesini önlemek olduğunu ifade eden ‘‘zarar ilkesine (Zİ)’’ getirilen üç eleştiriyi tartıştım. Öncelikle ilkeyi anlamlı kılabilecek bir zarar tarifinin bulunmadığı eleştirisini ele alarak bu eleştirinin, ilkenin ancak problemsiz bir zarar tanımı ile birlikte makul kabul edilebileceği varsayımına dayandığını tespit ettim. Zarar kavramına ilişkin var olan bilgi dağarcığımızı görmezden gelmesi ve zarara başvuran ilkeler haricindeki diğer birçok ilkeyi de kapsayan genel bir şüpheciliğin önünü açması nedeniyle ilgili varsayımı reddetmemiz gerektiğini (...) savundum. İkinci olarak, zarar vermenin yanlışlığının halihazırda yaygın olarak kabul ediliyor olmasından ötürü Zİ’nin bize yeni bir şey söylemediği, zararın türü/miktarı gibi güncel tartışmaların yoğunlaştığı noktalarda suskun kaldığı ve dolayısıyla artık işlevsiz olduğu eleştirisini değerlendirdim. Buna karşın hangi zarar tarifinin benimsendiğinden bağımsız olarak Zİ’nin, zararın varlığı kanıtlanmadıkça bireylerin eylemlerinde serbest bırakılmaları gerektiğini vurgulayan bir özgürlük karinesini temsil etme ve bazı eylemlerin zarar içermese dahi yasaklanabileceğini düşünen hukuki ahlakçılara yasak taleplerini gerekçelendirme yükümlülüklerini hatırlatma şeklinde iki önemli işleve halen sahip olduğunu iddia ettim. Son olarak Zİ'nin potansiyel kötüye kullanımlarına dair endişelere değindim. Bu endişelerin giderilmesi için yapılması gerekenin, zarar içeren eylemleri belirlemeye çalışmak değil, her eylemin bir miktar zarar içerme olasılığına sahip olduğunu kabul ederek hangi tür zararların hukuken düzenlenmesi gerektiği özelinde makul bir seçenek ortaya koymak olduğunu iddia ettim. Zİ’nin suiistimallerinin genellikle zarar kavramının geniş yorumlanmasının ürünü olduğunu düşünerek, cebir ve hile eylemlerinin neden olduğu birinci derece zararları esas alan, hukuki öngörülebilirliği artıracak bir hukuki çerçeve benimsemeyi tercih ettim. Kuşkusuz bu tercih yasaklanması gereken bazı zararlı eylemlere karşı hukuki koruma sağlayamama riskini içermektedir; ancak bu, özgürlüğü korumayı taahhüt eden genel bir ilke ortaya koymak için ödenmesi gereken bir bedeldir. Buradan hareketle, ele aldığım üç eleştiriden hiçbirinin Zİ’nin reddedilmesini gerektirmediği sonucuna vardım. English In this article, I discuss three criticisms of ‘‘the harm principle (HP)’’, which states that the only justification for interfering with individual’s actions is to prevent harm to others. First, I address the criticism that there is no definition of harm that can make the principle reasonable, and I find that this criticism is based on the assumption that the principle can only be considered reasonable with an unproblematic definition of harm. I argue that we should reject this assumption because it ignores our existing knowledge of the concept of harm and opens the way for a general skepticism that extends to many principles other than those addressing harm. Secondly, I consider the criticism that, since the wrongfulness of causing harm is already widely accepted, the principle tells us nothing new, is silent on the points where current debates intensify, such as the type/amount of harm, and is therefore no longer functional. On the other hand, I argue that, regardless of the definition of harm adopted, the HP still serves two important functions: Representing a presumption of liberty that emphasizes that individuals should be free to act unless the existence of harm is proven, and reminding legal moralists who believe that some acts can be prohibited even if they do not involve harm of their obligation to justify such prohibitions. Finally, I address concerns about potential abuses of the HP. I argue that what is needed to address these concerns is not to try to identify acts that involve harm, but to recognize that every act has the potential to involve some level of harm, and to make a reasonable choice as to which types of harm should be regulated by law. Considering that abuse of HP often arises from a broad interpretation of the concept of harm, I prefer to adopt a legal framework that would increase legal predictability, based on the first-degree harms caused by acts of force and fraud. Undoubtedly, this choice entails the risk of failing to provide legal protection against certain harmful acts that should be prohibited, but this is a price that must be paid for a general principle that is committed to protecting liberty. Thus, I conclude that none of the three criticisms I discussed require the rejection of HP. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification (...) for legal regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

I will argue that physicians have an ethical obligation to justify their conscientious objection and the most reliable interpretation of the Polish legal framework claims that conscientious objection is permissible only when the justification shows the genuineness of the judgment of conscience that is not based on false beliefs and arises from a moral norm that has a high rank. I will demonstrate that the dogma accepted in the Polish doctrine that the reasons that lie behind conscientious objection in medicine (...) cannot be evaluated or controlled by anyone is based either on a mistaken interpretation of the Constitution or on the unreliable concept of conscience. I will refer to the legal regulations concerning military refusals that require from objectors to reveal and justify their views. Finally, I will demonstrate why conscientious objection under uncertainty does not deserve acceptance, because it is based on a specific version of the precautionary principle. (shrink)

In the present article we analyze the relationships between K-waves and major technological breakthroughs in history and offer forecasts about features of the sixth Kondratieff wave. We use for our analysis the basic ideas of long cycles' theory and related theories (theories of the leading sector, technological styles etc.) as well as the ideas of our own theory of production principles and production revolutions. The latest of production revolution is the Cybernetic Revolution that, from our point of view, started in (...) the 1950s. We assume that in the 2030s and 2040s the sixth K-wave will merge with the final phase of the Cybernetic Revolution (which we call a phase of self-regulating systems). This period will be characterized by the breakthrough inmedical technologies which will be capable to combine many other technologies into a single system of MANBRIC-technologies (medico-additive-nano-bio-roboto-info-cognitive technologies). The article also presents a forecast of the process of global ageing and argueswhy the technological breakthrough will occur in health care sector and connected spheres. (shrink)

In the present paper, on the basis of the theory of production principles and production revolutions, we reveal the interrelation between K-waves and major technological breakthroughs in history and make forecasts about features of the sixth Kondratieff wave in the light of the Cybernetic Revolution that, from our point of view, started in the 1950s. We assume that the sixth K-wave in the 2030s and 2040s will merge with the final phase of the Cybernetic Revolution (which we call a phase (...) of self-regulating systems). This period will be characterized by the breakthrough in medical technologies which will be capable to combine many other technologies into a single complex of MANBRIC-technologies (med-bio-nano-robo-info-cognitive technologies). The article offers some forecasts concerning the development of these technologies. (shrink)

-/- Policy regulations of ethically controversial genetic technologies should, on the one hand, be based on ethical principles. On the other hand, they should be socially acceptable to ensure implementation. In addition, they should align with ethical theory. Yet to date we lack a reliable and valid scale to measure the relevant ethical judgements in laypeople. We target this lacuna. -/- We developed a scale based on ethical principles to elicit lay judgments: the Genetic Technologies Questionnaire (GTQ). In two pilot (...) studies and a pre-registered main study, we validated the scale in a representative sample of the US population. -/- The final version of the scale contains 20 items but remains highly reliable even when reduced to five. It also predicts behaviour; for example, ethical judgments as measured by the GTQ predicted hypothetical donations and grocery shopping. In addition, the GTQ may be of interest to policymakers and ethicists because it reveals coherent and ethically justified judgments in laypeople. For instance, the GTQ indicates that ethical judgments are sensitive to possible benefits and harms (in line with utilitarian ethics), but also to ethical principles such as the value of consent-autonomy. -/- In conclusion, the GTQ can be recommended for research in both experimental psychology and applied ethics, as well as a tool for ethically and empirically informed policymaking. (shrink)