This research was carried out in order to verify by simulation Mendel’s laws and seek for the clarification, from the author’s point of view, the Mendel-Fisher controversy. It was demonstrated from: the experimental procedure and the first two steps of the Hardy-Weinberg law, that the null hypothesis in such experiments is absolutely and undeniably true. Consequently, repeating hybridizing experiments as those showed by Mendel, it makes sense to expect a highly coincidence between the observed and the expected cell frequencies. By (...) simulation, 30 random samples were generated with size equal to the number of observations reported by Mendel for his single trait trial, in this case, seed shape; assuming complete dominance, with genes A and a; likewise, it was simulated the results for the experiment with two traits, segregating in separate chromosomes, in this case seed shape, as before, and albumen color, with genes B and b, both loci with complete dominance. In the case of a single trait, the data only showed evidence for rejecting the null hypothesis (Ho ) in 1/30 samples, with (P<0.05). In the case of the 30 samples of the two traits experiment, (Ho ) was rejected only on 3/30 times, when it was set a = 0.05. In both simulations there was a high correspondence between the observed and expected cell frequencies, which is simply due to the fact that (Ho ) is true, and under these conditions, that is what would to expect. It was concluded, that Mendel had no reason to manipulate his data in order to make them to coincide with his beliefs. Therefore, in experiment with a single trait, and in experiments with two traits assuming complete dominance, segregation ratios are 3:1; and 9:3:3:1, respectively. Consequently, Mendel’s laws, under the conditions as were described are absolutely valid and universal. (shrink)

How political communities should be constituted is at the center of Hannah Arendt’s engagement with two ancient sources of law: the Greek nomos and the Roman lex. Recent scholarship suggests that Arendt treats nomos as imperative and exclusive while lex has a relationship-establishing dimension and that for an inclusive form of polity, she favors lex over nomos. This article argues, however, that Arendt’s appreciation occurs within a general context of more reservations about Rome than Roman-centric interpretations admit. Her (...) writings show that lex could not accommodate the agonistic spirit and Homeric impartiality that helped the Greeks achieve human greatness and surpassing excellence. Arendt also points out that Roman peace alliances occurred at the expense of disclosive competition among equals and assumed some form of domination. Indeed, although Arendt appreciates lex’s relationship-establishing aspect, she is undoubtedly critical of anti-political practices accompanying lex, manifested when the Romans required enemies’ submission to terms of peace the Romans themselves set. In the end, Arendt’s statements regarding nomos and lex highlight the fundamental challenge in free politics: balancing the internal demand of agonistic action with the external need to expand lasting ties. (shrink)

This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using (...) the word "responsibility" are particularly important since they are usually either ignored or inadequately separated from descriptive contexts. Roman Ingarden's views were supplemented by Alf Ross's aspects of responsibility. As a result, the elementary ways of understanding responsibility have been reconstructed; they are the basis for reflections on moral responsibility as well as legal responsibility. (shrink)

This chapter describes the process of institutionalization of natural law at the University of Pisa, essential to interpreting the conditions in which the first public law chair of Italy was founded. The study of legal education in the late seventeenth and early eighteenth century will allow a more in-depth understanding of both the development of natural law in teaching practice throughout the long eighteenth century, and the features of the two processes of reception, respectively for educational and political purposes. In (...) fact, although both processes were founded on appreciation of the centrality of Roman law and philosophy in the construction of doctrines by the so-called ‘modern natural law school’, and developed through mediation of traditional Roman legal culture of the Pisan ‘historical-critical school’, there were some differences. In this initial phase, the didactic reception was indirect, although not entirely implicit, whereas the political reception was direct and explicit. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for (...) instance the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially (...) corruptible. On this account, Machiavelli says that a State can only maintain its authority through a continuous return to the originary moment, viz. to the revival of the experiences of "fear", "terror" and "punishment" lived in the originary event of the foundation. For that reason, in the origin of law is also the violence, whose combined function is to provide legitimacy to its exercise by the State apparatus as the only form to preserve political life from ruin.Uma das mais famosas e inovadoras teses de Maquiavel é a afirmação de que as boas leis nascem dos conflitos sociais, segundo o exemplo romano das oposições entre plebe e nobres. Os conflitos são capazes de produzir ordem por conter a força constritiva própria da necessidade, que impede a ambição de reinar. Contudo, a lei não neutraliza o conflito, mas apenas lhe dá uma ordenação. A lei está, pois, exposta à história, à contínua mudança, o que significa dizer que é potencialmente corruptível. Por causa desta possibilidade, Maquiavel afirma que um Estado somente mantém sua autoridade por meio de um retorno contínuo ao momento da origem, isto é, à revivência da experiência do "medo", do "terror" e da "punição" do acontecimento originário da fundação. Assim, na origem da lei está a violência, cuja função é proporcionar a legitimação de seu exercício pelo aparato estatal como única forma de preservar da ruína a vida política. (shrink)

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of law, (...) as Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

Central elements of Roman Catholic treatment ethics include: 1) that rejection of treatment with the intent of hastening death (even for a good end) is ethically equivalent to active euthanasia with the same intent; 2) a distinction between morally obligatory “ordinary” treatment and morally optional “extraordinary treatment”; 3) that the quality of the patient’s life is not be a legitimate basis for rejecting treatment; and 4) that extraordinary treatment is not forbidden, but optional, and that it is the patient (...) or the patient’s legal surrogate–not the doctor– who has the right to choose or reject it. Despite these principles, even in a cultural climate fully sympathetic to Catholic treatment ethics, it is appropriate as a legal matter to maintain the doctrine of informed consent under which it is possible for patients or their surrogates to reject life-preserving treatment, including for unethical reasons. It is normally impossible to enforce in practice in the external forum a differentiation between rejection of treatment for ethically acceptable and ethically unacceptable reasons. By contrast, in cases of direct killing, such as assisting suicide, the intent to cause death is unmistakable (as opposed to accepting an increased risk of death as a foreseeable but unintended consequence of pursuing a good end). In a pluralistic society Catholic ethics cannot be legislatively enforced on the ground that they are compelled by Catholic teaching. However, the basic principles of Catholic treatment ethics may be justified based on logic and widely accepted norms of human equality independently of revelation or ecclesiastical authority. Particularly in protecting the right of individuals to choose and obtain life-saving medical treatment regardless of their “quality of life,” and in suicide prevention, secular law can and should be congruent with key aspects of Catholic health care ethics. (shrink)

Two prominent metaphors in Greek and Roman political philosophy are surveyed here, with a view to determining their possible meanings and the plausibility of the claims advanced by those possible meanings.

The article studies some of the most important political ideas present in the origins of the modern State, especially the notion of political sovereignty, which, borne and developed in the maiestas of the imperial roman law and in the averroistic interpretation of the aristotelian idea of the perfect community, is accepted and developed by Francisco de Vitoria in the De potestate civili. Vitoria characterizes sovereignty with the features of supremacy in the domestic activity of the State and independence with (...) regard to other States. (shrink)

This paper is in part an introduction to Plato's late political philosophy. In the central sections, I look at Plato's Laws and Statesman and ask the question of how law can produce authentic virtue. If law is merely coercive or habituating, but virtue requires rational understanding, there will be a gap between what law can do and what it is supposed to do. I examine the solution to this difficulty proposed in the Laws, the persuasive preludes attached to the laws, (...) and suggest that they produce an inferior, passive mode of rational order that falls short of full virtue. (shrink)

This paper defends David Hume's "Of Miracles" from John Earman's (2000) Bayesian attack by showing that Earman misrepresents Hume's argument against believing in miracles and misunderstands Hume's epistemology of probable belief. It argues, moreover, that Hume's account of evidence is fundamentally non-mathematical and thus cannot be properly represented in a Bayesian framework. Hume's account of probability is show to be consistent with a long and laudable tradition of evidential reasoning going back to ancient Roman law.

It is surprisingly difficult to justify private property. Two questions are at stake: (a) a metaphysical and juridical one concerning the nature of property and (b) an ethical one concerning our attitude toward wealth. This issue reached an unprecedented importance during the 12th and 13th centuries as a new moral ideal emerged. This essays analyses the controversy (with emphasis on Bonaventure’s Defense of the Mendicants) by first locating it in relation to the philosophical and theological authorities as well as the (...) Roman law. It argues that the dispute between the defenders of paupertas altissima and their opponents concerns the limit of the law. Gerard of Abbeville and John XXII saw a contradiction in a right to use that would exclude ownership. Yet, what the Franciscans were seeking was use without right. To relate to the world as something that is essentially inappropriable is to seek a form of life (a rule) prior to the law. Centuries after, such a possibility remains to be discovered. (shrink)

SUMMARYThis article investigates the context of a side line in Leibniz's critique of Locke on maxims. In an enigmatic and little-explored remark, Leibniz objects that Locke has overlooked some legal maxims that fulfil the function of ‘constituting the law’. I propose to read this remark against the background of the divergence between conceptions of legal maxims in the common law tradition and conceptions of legal maxims in the Roman law tradition. In a few remarks, Locke seems to echo the (...) common law emphasis on customs and conventions expressed by legal maxims. According to such a conception, reason would mainly fulfil the function of subsuming particular norms under more general conventional norms. By contrast, Leibniz uses the Roman law idea that some ‘rules of law’ express demands of natural reason and, thereby, express principles constitutive of natural law. This is why he proposes to reform vague and confused ‘brocards’ used by jurists in order to identify sound maxims that provide a natural-law foundation for legal institutions. (shrink)

This article analyzes the significance of the concepts “sovereignty” and “popular sovereignty” regarding the construction of modern law. Modern law isdefined in this study as a language of subjective rights (claim, liberty, power and immunity) and therefore has a nomological and authoritative character. The shift from low Middle-age to the beginning of Modernity seems to be the decisive period to understand the construction of modern law, due to the reception of Aristotle’s political writings and Roman law, aside from the (...) rejection of strong or thomist realism. In this sense, three works are analyzed: Marsilio of Padua “DefensorPacis”, William of Ockham “Breviloquium de Principatur Tyrannico” and Jean Bodin “Six Books of the Commonwealth”. The results seem to address that popular sovereignty as a foundation for legal language is in direct opposition to the acceptance of the strong concept of sovereignty, as stated by Bodin. (shrink)

: For Meinong, familiarly, fictional entities are not created, but rather merely discovered (or picked out) from the inexhaustible realm of Aussersein (beyond being and non-being). The phenomenologist Roman Ingarden, in contrast, offers in his Literary Work of Art of 1931 a constructive ontology of fiction, which views fictional objects as entities which are created by the acts of an author (as laws, for example, are created by acts of parliament). We outline the logic of fiction which is implied (...) by Ingarden’s approach, showing how it distinguishes the properties possessed by fictional objects (for instance of having been created by such and such an author in such and such a work) from characteristics (for instance of smoking a pipe, of living in Baker Street) which are merely associated with such objects. (shrink)

This paper uses analytic philosophy to prevent merely verbal disputes about the concept of fiction within discussions on fictiones iuris. It provides a survey of potentially fruitful connections between legal fictions and fictionalism. More specifically, I will argue that by enriching current accounts of legal fictions in legal theory with insights from (1) the philosophy of language on fictional speech and from (2) contemporary metaphysics on philosophical fictionalism, it seems natural to explore the position that talk involving fictiones iuris is (...) structurally an exemplification of elliptical speech. Such fictionalism about legal fictions illuminates why prominent condemnations of fictions in law – e.g. as blatant falsehoods, shady fraudulences, or legal defects – are theoretical myths, since they fail to distinguish between analytically distinct (ontological, epistemic, alethic, semantic, and evaluative) levels. Moreover, a fictionalist account might even sharpen our sense of which legal fictions are more “innocent” than others. I will begin by introducing philosophical fictionalism (II), before the fictiones iuris will be characterized as an operation in legal reasoning by consulting the Leibnizian reconstruction of Roman Law’s epistemology (III). Sections IV and V seek to provide further clarifications on the ‘fictional’ / ‘fictitious’ distinction as well as the heterogeneity of fictionalist research questions. Section VI then contains a little guided tour through the different analyses of the concept of fiction(s) within fictionalism. Subsequently, I will show how insights from those discussions contribute to demystify some of the most prominent allegations raised against legal fictions (VII). Fictionalism about legal fictions, Section VIII tentatively suggests, might not only harmonize with both classic and recent treatments of legal fictions, but help to also highlight their epistemic values. In slogan form: fictiones iuris are instruments to preserve legal truths worth having. (shrink)

RESUMO Versa o presente artigo sobre a regulação do linchamento no Direito Romano do período antigo, em especial sobre o artigo 9º da Tábua III das Leis das XII Tábuas. A partir de uma metodologia de análise qualitativa, revisão bibliográfica e interpretação textual, os autores objetivam ampliar a visão tradicional sobre o linchamento, compreendendo a institucionalização de sua prática no Direito Romano e sua função no contexto de formação da cultura jurídica do período antigo. A hipótese de trabalho é a (...) de que o artigo 9º da Tábua III das Leis das XII Tábuas apresenta, historicamente, uma forma de punição intermediária entre a linchamento popular extralegal e a pena criminal prevista em lei. Do ponto de vista jurídico-antropológico, a comprovação da hipótese permitiria concluir a ideia de que a pena praticada na antiguidade é uma evolução do controle social informal da violência. Palavras-chave: Linchamento; Direito Romano; XII Tábuas; Pena criminal. ABSTRACT The following paper is about the lynching regulation in Roman law in Ancient Era, especially in what comes about the article 9 of Table Three from Twelve Tables. Making use of a methodology based in qualitative analisys, literature review and interpretation, the auctor aim to expande the traditional view about lynching, understanding the institutionalization of their practice in Roman Law and it’s function in the legal culture in Ancient Era. The working hipothesis is that the article 9 of Table Three of Twelve Tables presents, in a historical context, a intermediate form of punishment between extralegal collective lynching and criminal penalty provided by law. From a legal-anthropological point of view, the proof of the hypothesis would allow us to conclude the idea that the penalty practiced in antiquity is an evolution of informal social control of violence. Keywords: Lynching; Roman Law; Twelve Tables; Criminal Penalty. (shrink)

The purpose of this article is to present the influence of Plotinus' thought on the political philosophy of the Roman Emperor Julian, between the years 361 to 363. The methodology consists of selecting excerpts from the works of Juliano Misopogon and Cartas y Fragmentos that may indicate the influence of the ideas of Plotinus' Ennead in the speech given by the Emperor to legitimize his political power. Juliano argues that the laws of the empire were created by the gods (...) for the organization of human life, so that obedience to the gods necessarily requires an obedience to those laws. According to Juliano, knowledge or episteme about the laws of empire is conditioned to the escape from sensible reality in the name of spiritual reality, in which the wise ruler also needs to transcend the body to know and obey divine laws. Thus, after analyzing Juliano's arguments, we seek to reflect on the viability of the political system adopted by him, especially if the reception of his ideas by rulers from the 20th century onwards is considered. (shrink)

For Meinong, familiarly, fictional entities are not created, but rather merely discovered (or picked out) from the inexhaustible realm of Aussersein (beyond being and non-being). The phenomenologist Roman Ingarden, in contrast, offers in his Literary Work of Art of 1931 a constructive ontology of fiction, which views fictional objects as entities which are created by the acts of an author (as laws, for example, are created by acts of parliament). We outline the logic of fiction which is implied by (...) Ingarden’s approach, showing how it distinguishes the properties possessed by fictional objects (for instance of having been created by such and such an author in such and such a work) from characteristics (for instance of smoking a pipe, of living in Baker Street) which are merely associated with such objects. (shrink)

The Roman imperial Stoics were familiar with exile. This paper argues that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a “citizen of the world,” a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an “indifferent” that poses no obstacle to happiness. Other people are our fellow cosmic (...) citizens, however, regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s explanatory options, I suggest (...) that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

The Roman imperial Stoics were familiar with exile. I argue that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a ‘citizen of the world’, a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an ‘indifferent’ that poses no obstacle to happiness. But other people are our fellow cosmic (...) citizens regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

This essay examines Giambattista Vico’s philology as a contribution to democratic legitimacy. I outline three steps in Vico’s account of the historical and political development of philological knowledge. First, his merger of philosophy and philology, and the effects of that merge on the relative claims of reason and authority. Second, his use of antiquarian knowledge to supersede historicist accounts of change in time and to position the plebian social class as the true arbiters of language. Third, his understanding of philological (...) knowledge as an instrument of political change, and a foundational element in the establishment of democracy. By treating the philological imagination as a tool for bringing about political change, Vico’s plebian philology is radically democratic, and a crucial instrument in the struggle against the elite, from antiquity to the present. -/- . (shrink)

I reconstruct the civic republican foundations of Eugene Debs’s socialist critique of capitalism, demonstrating how he uses a neo-roman conception of freedom to condemn waged labour. Debs is also shown to build upon this neo-roman liberty in his socialist republican objections to the plutocratic capture of the law and threats of violence faced by the labour movement. This Debsian socialist republicanism can be seen to rest on an ambitious understanding of the demands of citizen sovereignty and civic solidarity. (...) While Debs shares some of the commitments of earlier American labour republican critics of capitalism, he departs from them in his thoroughgoing commitment to common democratic ownership of productive property. His socialist republicanism remains valuable today for its ability to illuminate features of plutocratic control, judicial autocracy, and the regime of property best suited to suppressing economic domination. I conclude that Debs not only deserves a prominent place in an emerging radical republican canon but presents a distinctive contrast with many of his Marxist contemporaries and offers a compelling challenge to recent liberal, plebeian, and socialist forms of republicanism. (shrink)

Divus Augustus Pater. The cult of divine Augustus under the rule of the Julio-Claudian dynasty -/- Summary The cult of divine Augustus was one of the most important phenomena of ideological nature under the rule of the Julio-Claudian dynasty. The crucial point of its development was the apotheosis conducted on 17 September 14 AD. The new cult was derived greatly from numerous borrowings from the rites of various gods of the Roman Pantheon. As divus, Augustus received a separate priest, (...) a private priestess, and a college of priests. The first flamen Augustalis became Germanicus. The holder of this title enjoyed many privileges. It seems unlikely, however, that flamen Augustalis controlled the entire cult of divine Augustus. This was the role of the emperor as both the supreme priest and the inheritor of political power. Sodales Augustales also had special cult functions. This religious fraternity had a mixed private-state character just like many of the institutions of the early principate. It was a cult college of gens Iulia and, most of all, of Augustus. From its beginning it enjoyed high prestige. The members of this religious fraternity were recruited among the Senate elite and the family of the emperor. Sacerdos divi Augusti occupies a different place in the priesthood established to worship Augustus. This female priesthood, despite its humble cult and political role, is of great interest to scholars. In spite of discerning investigations by researchers, there seem to have been only two priestesses in the Julio-Claudian dynasty – Julia Augusta, the widow of the creator of the principate, and Antonia Augusta. There is even no certainty that the latter had preformed the function at all. Augustus, as a god, was given a separate temple under a Senate decree. However, the construction work went slowly ahead. Therefore, divus Augustus was initially worshipped in other places of worship. At first, it was the temple of Mars Ultor. He was also worshipped in the sacrarium on the Palatine. One encounters certain difficulties when trying to identify the places of Augustus’ worship in Rome. Ultimately, there seem to have been two sacraria in the capital of the Empire. There is no certainty, however, whether yet another temple was located next to the templum novum divi Augusti on the Palatine. In trying to analyse the phenomenon of the divinity of the Roman emperors, and Augustus in particular, it is necessary to refer to the genesis of Emperor worship. Within the framework of official religion it is important to distinguish such elements as genius and numen. Although the consecratio act conducted by the Senate meant the crossing of the boundary between the human Augustus and the divine Augustus, it is important to remember that Augustus had prepared his apotheosis for a long time and already enjoyed divine honours during his lifetime. Certain elements of Augustus worship developed under his rule continued to exist for some time after the death of the creator of the principate. Augustus divinity was guarded by the law of maiestas. At the beginning of the rule of Tiberius it mostly protected divus Augustus himself. Gradually, despite some opposition, the law began to serve the ruling emperor. There is little certainty of how many cases were brought under the crimen laesae maiestatis against those who insulted the divine Augustus. The issue of trials for offending the law of maiestas is accounted for one-sidedly by ancient historians, which complicates the work of contemporary researchers. There is, however, no denying that for Tiberius (Augustus’ successor) the trials on the charge of maiestas turned out to be a trap. The cult of divus Augustus was approved throughout the Empire. Nevertheless, some weaker voices of opposition could be heard. These were present in the Senate circles cherishing the memory of the last defenders of the Republic, as well as among some ethnic and religious communities. The latter included Judaism and emerging Christianity. The political consequences of Augustus’ deification were very serious. He significantly contributed to the ruling of the Julio-Claudian dynasty for over 50 years. The main reason for that was the fact that in the Rome of that time the tradition of power succession was not yet well-grounded. Directly after the principate creator’s death, his consecratio took place – he was assigned priests and many godly honours and a temple was erected in his honour. These actions obviously took place under Augustus’ successor Tiberius who, during his rule, constantly tried to emulate the divine predecessor and referred to his decrees on numerous occasions. Tiberius was the emperor who contributed to the cult of his adoptive father to the greatest extent. However, one cannot fail to notice that his actions were somehow ambiguous. It has to be remembered that, in addition to his sincere respect for the divine Augustus, Tiberius also tried to use the authority of the creator of the principate to strengthen his power. This is exemplified by the motto imprinted on coins: DIVVS AVGVSTVS PATER. Caligula took a different approach to the Augustan cult. When assuming power after Tiberius, he was in a different position. The 20-year rule by Augustus’ successor greatly contributed to the strengthening of the idea of the principate ’s stability in the minds of the Romans. This allowed Caligula to pay less heed to the Senate aristocracy, as well as other institutional elements of the Republic. Under these circumstances, the cult of Augustus underwent modifications. Divus Augustus still remained at the heart of the religious propaganda of the Roman state and gens Iulia, but also other members of the family of the young Emperor received a number of honours drawing them closer to the world of gods. Drusilla, for that matter, was made a diva. By this, the idea of domus Augusta received a new confirmation. Caligula himself did not cease to participate in, and support, the rites performed to worship his divine grandfather. The available sources lead us to believe that Augustus constituted for the young princeps a role model and a character to which he often compared himself with. For Claudius, the use of the cult of divine Augustus was important as a tool to strengthen political power. But due to the fact that his personal links with divus Augustus were rather weak, Claudius focused on the cult of his grandmother Livia, Augustus’ wife. He also emphasised the function of sacerdos divi Augusti which his mother Antonia Augusta was to fulfil. Claudius faced the task of the ‘reconstruction’ of the cult of Augustus which had deteriorated, especially during the second part of Caligula’s rule. Claudius took a different direction in imitating Augustus than his two predecessors. Augustus’ model was very capacious, allowing him to find examples which could be adjusted to fit his own political goals and personality. Claudius avoided the stiffness characteristic of Tiberius and, at the same time, respected Augustus’ traditions which he Caligula inadvertently abused. Claudius’ attitude to Augustus is not quite clear. Undoubtedly he kept alive the memory of the first princeps, however, there is a lack of testimony about the new honours conferred on divine Augustus during the rule of this Emperor. Almost all of them concentrate around the person of Claudius or his family. There are, however, no honours conferred on the creator of the principate. This type of attitude caused the cult of divine Augustus to be eclipsed by the cult of the ruling Emperor. Nero, the last representative of the Julio-Claudian dynasty descended, unlike Claudius, directly from the line of Augustus. The new emperor deified his predecessor by using the model of Augustus’ apotheosis. In the first part of his rule he drew greatly from the Augustus model of exercising power. Nero ’s ideological platform seems to be the richest in comparison with other emperors of the Julio-Claudian dynasty. The tradition of links with divus Augustus was, however, only one of many different elements. With time, the tradition appeared to play a still smaller role. The departure from the Augustus model took place on many levels. Some of the steps were very radical, whereas others were less significant. The most serious was the elimination of the members of gens Iulia and gens Claudia, and those who could prove their kinship with both the houses. The devastation in Nero ’s closest family put an end to the concept of domus Augusta. Formally, the Emperor did not renounce the divine creator of the principate but, in practice, the idea of the new domus Augusta no longer aimed at presenting Augustus’ descendants united in a single family. Nero was now alone and any creation of ideological concepts of power under those circumstances had to be based around him. These actions ended in disaster. By giving up the Augustan model, Nero lost the support of the army and, as a result, lost power. Apart from the worship of the state religion in the capital, divus Augustus was the subject of a provincial and municipal cult. Here, the worship of divine Augustus was often a continuation, sometimes in an extended form, of the honours Augustus had been granted during his lifetime. In the cult of divus Augustus, in the provinces one can observe a mutual interweaving of elements copied from the capital model and local traditions. The beginning of the provincial cult of Augustus dates back to the rule of Tiberius. The crucial point for the establishment of the provincial cult in the West was the request of the citizens of Hispania Tarraconensis to build a temple for divine Augustus. It is important to emphasise here that he was appointed on a local initiative. In the East, the genesis of the provincial cult is related to the functioning of koinon. In comparison with the western regions, the cult here was characterised not only by longer history but also an extensive system of priesthood and rich ritual. The intensity of development of municipal and private cult in the West depended on the level of social and economic development of the regions. It assumed the most complex forms in the provinces with well-developed city life – generally in the eastern provinces. Whereas the cult of divine Augustus in the western municipal provinces was similar in character to the cult of the principate’s creator in Italy. The greatest testimony to the cult’s development comes from relatively strongly romanised and, at the same time, the wealthiest regions which had been part of the Empire for a long time. These included the mainly proconsular Africa, Spain and Narbonese Gaul. The sources coming from these regions constitute not only an illustration of the development of the cult of divine Augustus and members of domus Augusta, but are also a sign of the processes of romanisation of great numbers of city populations. It is necessary to note that outside Rome we do not encounter an isolated cult of divine Augustus. Whenever we deal with information concerning temples or rituals dedicated to the deified creator of the principate, other members of the family are also worshipped. In fact, during the whole rule of the Julio-Claudian dynasty we actually deal with the cult of divine Augustus in close association with the worship of domus Augusta – domus divina. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights by the (...) international law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

This paper attempts to look Francesco Gentile's concept of the Law under phenomenological point of view. Francesco Gentile (1936-2009) was full professor of Philosophy of Law at Padua University and Dean of School of Law; during his academic career, based on Roman Jurisprudentia and Christian message of Redemption, he developed a personal conception of law like "conversion the human conflict to interpersonal dispute". Then, in this paper, I want to observe this philosophical result, under biblical term "justification" connected to (...) Levinas' ethic, and I want to aim to revalue and exploit the problem of his systematic approach like a specific theory of Law. (shrink)

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...) law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

In this paper I outline a comprehensive theory of legal interpretation based on an assumption that legal text, understood as the aggregate of texts of all legal acts in force at a particular time and place, describes one rational and coherent possible world. The picture of this possible world is decoded from the text by interpreters and serves as a holistic model to which the real world is adjusted when the law is applied. From the above premise I will limit (...) myself to drawing two conclusions for how legal interpretation should be carried out. First, I argue that the possible world described by the legal text has to be ‘accessible’ from the real world, i.e. it has to be feasible to transform the actual world into the described one. Were it otherwise, the possible world could not serve as a model for adjustment. The accessibility requirement imposes obligations on the interpreters to secure the rationality of the possible world decoded from the text, amongst other to secure that the description of this world is not contradictory and – as a consequence – the law of excluded middle is obeyed in the possible world described by the legal text. Secondly, I argue for the inevitability of interpretative discretion arising from the requirement to decode a sufficiently ‘saturated’ picture of the possible world., i.e. possessing enough properties to resemble the actual world. As texts have a limited number of sentences and worlds have an unlimited number of properties, interpreters have to supplement the picture of a possible world to achieve its coherence. This involves the inclusion of some additional, non-predetermined features that integrate with the properties of the world predefined by the legal text. This process of saturation consists of filling in so-called ‘places of indeterminacy’ (Roman Ingarden) with content implicated by other features of the possible world. I also argue that the discretion resulting from the necessity of filling in the places of indeterminacy is justified by the requirement of fulfilling the intention of the lawmaker to make the possible world described by the legal text real. The theory presented here is based on contemporary theories of discourse representation and so-called ‘text-world theory’ by J. Gavins. Phenomenalism and causal (historical) theories of reference provide its philosophical background. (shrink)

The idea of the political, reconfiguring sovereignty and exception: Analysing theoretical perspectives of Carl Schmitt and Giorgio Agamben -/- Author / Authors : Meenakshi Gogoi Page no. 69-78 Discipline : Political Science/Polity/ Democratic studies Script/language : Roman/English Category : Research paper Keywords: Political, Sovereignty, Exception, Democracy, Rule of Law.

Baruch, or Benedictus, Spinoza (1632–77) is the author of works, especially the Ethics and the Theological-Political Treatise, that are a major source of the ideas of the European Enlightenment. The Ethics is a dense series of arguments on progressively narrower subjects – metaphysics, mind, the human affects, human bondage to passion, and human blessedness – presented in a geometrical order modeled on that of Euclid. In it, Spinoza begins by defending a metaphysics on which God is the only substance and (...) is bound by the laws of his own nature. Spinoza then builds a naturalistic ethics that is constrained by, and to some extent is a product of, his strong metaphysics. Human beings are individuals that causally interact with other individuals and are extremely vulnerable to external influence. They are not substances. Moreover, human beings are bound by the same laws that bind all other individuals in nature, so Spinoza presents accounts of goodness, virtue, and perfection that are consistent with these perfectly general laws. Spinoza’s principal influences include René Descartes, Thomas Hobbes (see hobbes, thomas), Moses Maimonides (see maimonides, moses), the Roman Stoics (see stoicism), and Aristotle (see aristotle). Although his innovative philosophical views undoubtedly contributed to the strong writ of cherem, or ostracism, that Spinoza received from the Portuguese Jewish community of Amsterdam in 1656, his work nevertheless also shows the influence of the study of Scripture and of Jewish law. (shrink)

A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...) and the ethical realism of Rai Gaita and Catholic philosophers. In addition to strict philosophy, the book treats non-religious moral traditions to train virtue, such as Freemasonry, civics education and the Greek and Roman classics. (shrink)

Cicero’s ethical and political writings present a detailed and sophisticated philosophy of just war, namely an account of when armed conflict is morally right or wrong. Several of the philosophical moves or arguments that he makes, such as a critique of “Roman realism” or his incorporation of the ius fetiale—a form of archaic international law—are remarkable similar to those of the contemporary just war philosopher Michael Walzer, even if Walzer is describing inter-state war and Cicero is describing imperial war. (...) But if it is clear that Walzer presents a detailed philosophy of just war, then I argue we should draw the same conclusion for Cicero. The result is a deeper appreciation of the insight and novelty of Cicero’s view of just war. The paper concludes by arguing against the claim that Cicero’s philosophy of just war is derivative from the Stoic philosopher Panaetius, whom Cicero drew upon in the organization of his On Duties. Just as Walzer’s Just and Unjust Wars was written in response to America’s war in Vietnam, Cicero’s just war philosophy was written in response to the wars (both civil and external) of Gaius Caesar. (shrink)

The overarching goal of this book is to differentiate and provide a highly detailed descriptive account of a specific class of arguments. To simplify, let us consider the following example: suppose one aims to persuade that “Julius Caesar was a criminal.” To support that claim various arguments may be formulated, such as: a) Joseph Stalin murdered his political opponents who openly opposed him, thus he was a criminal. Julius Caesar did the same. Therefore, if Stalin was a criminal, then Caesar (...) was also a criminal. b) Most historians studying the history of the Roman Empire consider Julius Caesar to be a criminal, so he was one. c) The majority of people believe Julius Caesar was a criminal, so he was one. d) Anyone who murders or orders the killing of others is a criminal—regardless of whether it’s in defense of the country or to maintain power. Julius Caesar issued orders resulting in thousands of deaths, so he was a criminal. Argumentation theory distinguishes and extensively describes different types of arguments, each with its own definition, argumentation scheme, subtypes, and criteria for evaluation. We may, therefore, identify that: example (a) employs the argument from analogy, (b) is an argument from authority (ad auctoritate), and (c) is an argument from popular opinion (ad populum). What about (d)? Is there a theory for such arguments? Argument in the example (d) establishes the meaning of “criminal” by extending it to those who lead troops into battle or kill in self-defense, and in this way, Caesar can also be included in the extension of a “criminal” (regardless of whether he committed genocide or simply won battles). Although there are many concepts in argumentation theory and informal logic that explain various aspect of such arguments (e.g., persuasive definitions and persuasive quasi-definitions, attributions, classification arguments, etc.) there is no theory for such arguments—or rather—there was no until now. This book is aimed to provide a concept, classification, and assessment criteria for arguments which fix the meaning to support persuasion—namely, semantic arguments. Semantic arguments manifest themselves as a common and very powerful means of persuasion in various areas of human activity, including political discourse, advertising, science, law, and philosophy. This can be illustrated through an analysis of some examples: e.g., the redefinition of “planet” proposed in 2008 to exclude Pluto from the scope of this concept, the redefinition of the term “wetland” put forward by G.W. Bush in 1988, modifications of the definition of “human being” in disputes about abortion, or the definition of “vehicle” in cases of accidents involving electric scooters. The book’s goal is to provide a model of semantic argument—differentiating arguments that fix meaning for persuasive purposes, providing definition and scheme, constructing a comprehensive classification, and developing assessment criteria. This broader aim also fills a gap in argumentation theory regarding our understanding of semantic arguments and their actual and potential applications. (shrink)

This paper revisits Giorgio Agamben’s text The Time That Remains and through a comparative analysis contrasts the author’s reading of St Paul’s Romans to relevant Derridean thematics prevalent in the text. Specific themes include language, the law, and the subject. I illustrate how Agamben attempts to revitalise the idea of philosophical anthropology by breaking away from the deconstructive approach. Agamben argues that language is an experience but is currently in a state of nihilism. Consequently, the subject has become lost; or, (...) more specifically, the subject and its object have not disappeared in language but through language. The resuscitation of experience is thus required to defeat this condition: only in language does the subject have its site and origin. Unlike deconstruction, which highlights an inherent paradox within a situation unearthing a questionable foundation, Agamben argues that, by investigating the “exception,” one finds neither a norm nor an inherent truth of the situation, but the confusion which surrounds them both. (shrink)

This study argues for the historical existence of Jesus of Nazareth as a radical Jewish pacifist who angered both the orthodox religious establishment and those who advocated violent insurrection against the Romans. The author asserts that Jesus' views were based on belief in a non-retributive, omnibenevolent God, challenging not only the Mosaic Law but assumptions about eternal punishment and the divine sanction of the state and its retributive institutions of war and punishment. The volume also interprets Paul as being the (...) first Christian revisionist. As a result, orthodox Christianity, through the influence of Paul (and thus Augustine, Aquinas, Luther, and Calvin), has mistakenly promoted the "just war" and "divinely ordained state" doctrines in the name of a thinker whose conclusions were in the opposite direction. (shrink)

On the History of Political Philosophy: Great Political Thinkers from Thucydides to Locke is a lively and lucid account of the major political theorists and philosophers of the ancient Greek, Roman, medieval, renaissance, and early modern periods. The author demonstrates the continuing significance of some political debates and problems that originated in the history of political philosophy. Topics include discussions concerning human nature, different views of justice, the origin of government and law, the rise and development of different forms (...) of government, idealism and realism in international relations, the distinction between just and unjust war, and the sources of public authority and the nature of legitimate sovereignty. The organizing principle of the book is the idea that the great political thinkers were searching for the best political order and a criterion for human conduct in both domestic and international politics. The book presupposes no previous knowledge of political philosophy. It will therefore be a valuable introductory book for students of philosophy, politics, and international relations. As it opens eyes to the perceptions that historical knowledge may convey, it will also be an illuminating and engaging reading for a general reader. (shrink)

This chapter pursues an understanding of what Cicero thought 'Italic' philosophy to be, and proceeds to develop a broader account of how Cicero's version compares with the surviving textual evidence and testimonia from the Hellenistic period of the philosophy of the 'Italic' philosophers, including the Lucanians 'Ocellus', 'Eccelus', and 'Aresas/Aesara', and the Rudian Ennius. Special focus is placed on their theories of cosmology, psychology, and law. Collocation of 'Italic' with 'Pythagorean' philosophy of this era aids in building a more comprehensive (...) view of what Hellenistic Pythagoreanism may have looked like. Uploaded here is the pre-publication version; please email me for the printed version. (shrink)

Que les récits utopiques et contre-utopiques sont-ils censés nous apprendre que nous ne sachions déjà – que l'état du monde pourrait être meilleur, ou pire, qu'il n'est ? Qu'ont-ils à nous dire de la sanction pénale, comme concept et comme pratique, et que celle-ci nous apprend-elle en retour des limites de l'utopie comme récit et comme discours ? En mettant l'accent sur les références explicites, dans 1984, à la suppression systématique de tout ce qui pourrait ressembler à une règle, et (...) en resituant le roman dans le contexte social et colonial de l'expérience orwellienne de l'injustice pénale, cet article montre que les lectures d'Orwell inspirées de Rorty, Foucault et Deleuze, et centrées sur les notions de pouvoir, de discipline et de contrôle, manquent en partie leur objet. Ni simple « satire », ni « prophétie », ni « expérience de pensée », 1984 exprime la grammaire profonde de notre conception libérale du droit pénal, comme le dirait Wittgenstein. S'il n'est jamais question pour Orwell de dénoncer l'utopie comme intrinsèquement dangereuse, 1984 révèle toutefois qu'il est impossible d'en saisir l'élément de perfection par le droit. En ce sens, la « dernière utopie » des droits humains (S. Moyn) n'en est pas une. --- What are we supposed to learn from utopian/dystopian fiction – beyond the obvious fact that the state of the world could be better, or worse ? What can these fables tell us about criminal penalty as a concept and as practice ? Conversely, what can punishment tell us of the limits of utopia as a tale and as discourse ? By stressing 1984's explicit references to the meticulous elimination of anything vaguely resembling a rule, while putting the novel in the perspective of Orwell's social and colonial experience of penal injustice, this paper shows that interpretations of Orwell inspired by the likes of Rorty, Foucault or Deleuze, which are grounded on power, discipline or control, somehow miss their target. No mere “satire” nor “prophecy”, nor even “thought experiment”, 1984 expresses the deep-seated grammar of our liberal conception of penal law, as Wittgenstein would put it. While Orwell aims in no way to dismiss utopia as intrinsically dangerous, 1984 however shows that the element of perfection it contains cannot be grasped by law. In this respect, the “Last Utopia” of human rights (S. Moyn) is certainly not one. (shrink)

The young field of AI Safety is still in the process of identifying its challenges and limitations. In this paper, we formally describe one such impossibility result, namely Unpredictability of AI. We prove that it is impossible to precisely and consistently predict what specific actions a smarter-than-human intelligent system will take to achieve its objectives, even if we know terminal goals of the system. In conclusion, impact of Unpredictability on AI Safety is discussed.

Invention of artificial general intelligence is predicted to cause a shift in the trajectory of human civilization. In order to reap the benefits and avoid pitfalls of such powerful technology it is important to be able to control it. However, possibility of controlling artificial general intelligence and its more advanced version, superintelligence, has not been formally established. In this paper, we present arguments as well as supporting evidence from multiple domains indicating that advanced AI can’t be fully controlled. Consequences of (...) uncontrollability of AI are discussed with respect to future of humanity and research on AI, and AI safety and security. This paper can serve as a comprehensive reference for the topic of uncontrollability. (shrink)

In a recent paper, Jie Gao (Synthese 194:1901–17, 2017) has argued that there are acceptance-based counterexamples to the knowledge norm for practical reasoning (KPR). KPR tells us that we may only rely on known propositions in practical reasoning, yet there are cases of practical reasoning in which we seem to permissibly rely on merely accepted propositions, which fail to constitute knowledge. In this paper, I will argue that such cases pose no threat to a more broadly conceived knowledge-based view of (...) practical reasoning. I will first motivate the view that rational acceptance depends on a knowledge-based condition being met. I will then show how KPR can be amended—yielding what I call KPR+—to include this condition. I will argue that KPR+ not only avoids Gao’s counterexample, but harbours additional explanatory power by providing an account of the normative role of acceptance in practical reasoning. Finally, I will defend KPR+ against objections by employing theoretical tools that are readily available to those sympathetic to knowledge-based views. (shrink)

Williams’s famous argument against immortality rests on the idea that immortality cannot be desirable, at least for human beings, and his contention has spawned a cottage industry of responses. As I will intend to show, the arguments over his view rest on both a difference of temperament and a difference in the sense of desire being used. The former concerns a difference in whether one takes a forward-looking or a backward-looking perspective on personal identity; the latter a distinction between our (...) normal desire to continue living and the kind of desire implied in desiring immortality. Showing that there is some sense of identity and desire that support Williams’s conclusion goes some way toward providing support for his argument, if not a full-fledged defense of it. (shrink)

According to J=K, only beliefs that qualify as knowledge are epistemically justified. Traditionalists about justification have objected to this view that it predicts that radically deceived subjects do not have justified beliefs, which they take to be counter-intuitive. In response, proponents of J=K have argued that traditionalists mistake being justified with being excused in the relevant cases. To make this response work, Timothy Williamson has offered a dispositional account of excuse which has recently been challenged by Jessica Brown. She has (...) presented cases in which Williamson’s account excuses subjects believing things in an epistemically reckless fashion. To steer clear of Brown’s counterexamples, I argue for a modification of Williamson’s account that employs a more fine-grained notion of the dispositions involved. (shrink)

To hold developers responsible, it is important to establish the concept of AI ownership. In this paper we review different obstacles to ownership claims over advanced intelligent systems, including unexplainability, unpredictability, uncontrollability, self-modification, AI-rights, ease of theft when it comes to AI models and code obfuscation. We conclude that it is difficult if not impossible to establish ownership claims over AI models beyond a reasonable doubt.

The digitalization of human society continues at a relentless rate. However, to develop modern information technologies, the increasing complexity of the real-world must be modeled, suggesting the general need to reconsider how to carry out conceptual modeling. This research proposes that the often-overlooked notion of ‘‘system’’ should be a separate, and core, conceptual modeling construct and argues for incorporating it and related concepts, such as emergence, into existing approaches to conceptual modeling. The work conducts a synthesis of the ontology of (...) systems and general systems theory. These modeling foundations are then used to propose a CESM+ template for conducing systems-grounded conceptual modeling. Several new conceptual modeling notations are introduced. The systemist modeling is then applied to a case study on the development of a citizen science platform. The case demonstrates the potential contributions of the systemist approach and identifies specific implications of explicit modeling with systems for theory and practice. The paper provides recommendations for how to incorporate systems into existing projects and suggests fruitful opportunities for future conceptual modeling research. (shrink)

Gases reach equilibrium when left to themselves. Why do they behave in this way? The canonical answer to this question, originally proffered by Boltzmann, is that the systems have to be ergodic. This answer has been criticised on different grounds and is now widely regarded as flawed. In this paper we argue that some of the main arguments against Boltzmann's answer, in particular, arguments based on the KAM-theorem and the Markus-Meyer theorem, are beside the point. We then argue that something (...) close to Boltzmann's original proposal is true for gases: gases behave thermodynamic-like if they are epsilon-ergodic, i.e., ergodic on the entire accessible phase space except for a small region of measure epsilon. This answer is promising because there are good reasons to believe that relevant systems in statistical mechanics are epsilon-ergodic. (shrink)

That we may rely on our knowledge seems like a platitude. Yet, the view that knowledge is sufficient for permissible reliance faces a major challenge: when much hangs on whether we know, relying on our knowledge seems to license irrational action. Unfortunately, extant proposals to meet this challenge (Hawthorne & Stanley, 2008; Williamson, 2005a; Schulz, 2017, 2021b) either fail to make the correct predictions about high-stakes cases or, as I will argue, face a substantial objection. In this paper, I will (...) offer two novel proposals for defending the sufficiency of knowledge for permissible reliance. My favoured proposal, which I call Flexible Fallibilism, is based on the idea that stakes can affect how we rely on our knowledge and how our knowledge determines what is rational for us to do. Besides making the correct predictions about high-stakes cases, I will argue that Flexible Fallibilism also provides us with a knowledge-based account of when to simplify our practical reasoning. Afterwards, I will present another proposal, which I call Dual Infallibilism, that combines two recent claims by Moss (2013, 2018) and Jackson (2019a) about credal knowledge and the metaphysics of doxastic states. While the offered proposals share various virtues, I will argue that we ultimately should prefer Flexible Fallibilism. (shrink)