This 'Letter to the Editor' briefly touches on how we can respond to the threats posed by AI. By we, it is meant, the faith community of Roman Catholics and Hindus. The Herald is the mouthpiece of the Archdiocese of Calcutta and has been in continuous publication from 1842. It is indexed by the Vatican. In this letter, silence as empathy is shown through Edith Stein. This letter is brief for want of space since The Herald is an offline publication. (...) Further, the original letter did not have the error 'Pharoah'...it is 'Pharaoh". (shrink)

The level of enjoyment in participating in sports activities is one component that causes young athletes to decide to stop or become more motivated to pursue sports activities. Practicing and participating in competitions are the main activities in sports coaching interactions towards optimal performance. This study aims to determine the effect of modifying the match rules implemented in youth soccer competitions on the level of enjoyment of players. Using an experimental method with 20 soccer schools participating in a competition with (...) modified game rules. Players registered by his team amounted to an average of 13.8 players aged 9-12 years. The number of players who are willing to fill out the pleasure level questionnaire is 238 players. Each player was asked to fill out a questionnaire before and after the competition, the questionnaire was analyzed using the mean and percentage test technique. The results of data analysis showed the average score before participating in the competition was 4.10 while after participating in the competition it was 4.47, which means an increase of 8.88%. The results showed that the level of enjoyment of the players increased after participating in the competition. Modification of the rule of the game in competition affects the level of enjoyment of players in the interaction of youth soccer coaching. Coaches, administrators, and match organizers are expected to have a positive paradigm of thinking and policy making towards the organization of competitions for young soccer players. (shrink)

Undeniably, the greatest way for a Moslem to be closer to Allah, is recitation of Holy-Quran approves with the method conveyed from Messenger of Allah Mohammed from the feature of speech points of letters and the intrinsic and fleeting characteristics of the letters, So, there is a persistent need to teach all Moslems the science of Tajweed Al-Quran. ITS (Intelligent Tutoring System) is computer software that supplies direct and tailored training or response to students without human teacher interfering. The main (...) target of ITS is smoothing the learning process using the wide-ranging facilities of computer. The proposed system will be implemented using the ITSB Authoring tool. In this thesis, the researcher presents an intelligent tutoring system for teaching Reciting Al-Quran "Tajweed" with Rewaya: Hafs from ‘Aasem by the way of Shatebiyyah. It was a novel idea that the researcher combined the science of Tajweed Al-Quran and the science of artificial intelligence in his thesis. The researcher arranged the material into chapters, lessons, examples then, added all these to the proposed system. He also added questions, right answers and the level of difficulty for each lesson. He prepared an exam for each chapter and a final exam to test the knowledge of the learner in the whole material. The system was evaluated by teachers and students in reciting science and the outcome of the assessment was encouraging and promising. (shrink)

After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational approach in general, most often fails in explaining decision-making. Work done within the research program of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame the economic and (...) political interaction in a society. Such a conceptualization of judicial interpretation and judicial decision-making would have to depart from rational choice modes of reasoning, and should instead focus on how human beings actually reason, learn and choose drawing from research in cognitive science. (shrink)

Scholars interested in the characterology presupposed by constitutional government have occasionally turned to Plato’s Laws, one of the earliest and most penetrating treatments of the subject. Even so, interpreters have neglected a vital tension that the Laws presents as coeval with lawfulness itself. Through a close reading of the dialogue’s opening passages, I argue that the rule of law for Plato is implicated in a certain paradox: it both prohibits and requires the imitation of god. Law cannot safely originate (...) with human beings; yet human beings must involve themselves nonetheless in laying law down. Trustworthy lawgivers must revere the gods while at the same time emulating them, must somehow make law themselves while regarding that very task as beyond their ken. Although the political psychology of lawfulness would therefore seem incoherent, I conclude by surveying reasons for thinking this inference unwarranted. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

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

Mental content normativists hold that the mind’s conceptual contents are essentially normative. Many hold the view because they think that facts of the form “subject S possesses concept c” imply that S is enjoined by rules concerning the application of c in theoretical judgments. Some opponents independently raise an intuitive objection: even if there are such rules, S’s possession of the concept is not the source of the enjoinment. Hence, these rules do not support mental content normativism. Call this the (...) “Source Objection.” This paper refutes the Source Objection, outlining a key strand of the relationship between judgments and their contents in the process. Theoretical judgment and mental conceptual content are equally the source of enjoinment; norms for judging with contents do not derive from one at the expense of the other. (shrink)

This book concerns the nature and the norms of inquiry. It tackles not only philosophical issues regarding what inquiry is, but also issues regarding how it should and should not be executed. Roughly put, inquiry is the activity of searching for the true answers to questions of our interest. But what is the difference between empirical and armchair inquiry? And what are the right and the wrong ways to inquire? Under what conditions should one start inquiring? Which questions are such (...) that one should not inquire into them? The book offers answers to these questions. It argues that competent armchair inquiry only makes explicit what was already implicit--the inquirer already had the answer to her question before inquiring into it, though this was not explicit to her. It also argues that we should avoid inquiring into questions whose answers are unknowable to us, in the instrumental sense of 'should', and that different modes of inquiry are called for, depending on which type of information is available to the subject. These answers are rigorously argued for, and they stem from a unified framework for modeling the activity of inquiry. (shrink)

In the theory of meaning, it is common to contrast truth-conditional theories of meaning with theories which identify the meaning of an expression with its use. One rather exact version of the somewhat vague use-theoretic picture is the view that the standard rules of inference determine the meanings of logical constants. Often this idea also functions as a paradigm for more general use-theoretic approaches to meaning. In particular, the idea plays a key role in the anti-realist program of Dummett and (...) his followers. In the theory of truth, a key distinction now is made between substantial theories and minimalist or deflationist views. According to the former, truth is a genuine substantial property of the truth-bearers, whereas according to the latter, truth does not have any deeper essence, but all that can be said about truth is contained in T-sentences (sentences having the form: ‘P’ is true if and only if P). There is no necessary analytic connection between the above theories of meaning and truth, but they have nevertheless some connections. Realists often favour some kind of truth-conditional theory of meaning and a substantial theory of truth (in particular, the correspondence theory). Minimalists and deflationists on truth characteristically advocate the use theory of meaning (e.g. Horwich). Semantical anti-realism (e.g. Dummett, Prawitz) forms an interesting middle case: its starting point is the use theory of meaning, but it usually accepts a substantial view on truth, namely that truth is to be equated with verifiability or warranted assertability. When truth is so understood, it is also possible to accept the idea that meaning is closely related to truth-conditions, and hence the conflict between use theories and truth-conditional theories in a sense disappears in this view. (shrink)

I frame my argument by way of Hayek's tendency to treat Hume and Smith as central articulations of the rule of law. The rest of the paper explores their defense of clientelism. First, I introduce Hume’s ideas on the utility of patronage in his essay, “Of the Independency of Parliament.” I argue that in Hume clientelism just is a feature of parliamentary business. It seems ineliminable. I then contextualize Hume’s account by comparing it to Montesquieu’s account of this system (...) of patronage in Book XIX, chapter 27 of The Spirit of the Laws. Montesquieu primarily treats it as a species of bad corruption. However, he also sees some benefits to it. I then turn to Smith and I show that he echoes Hume’s analysis of corruption in an easily ignored passage in Wealth of Nations. I then show that for Smith one argument in favor of a kind of federal parliamentary union between Great Brittain and her American colonies lies in its ability to facilitate and make more efficient the system of patronage by the Crown. While Smith’s account of these matters is quite Humean, one can discern in Smith a distinct cost-benefit argument for the acceptance of the necessity of a system of patronage in the service of the peaceful expansion and entrenchment of the rule of law in his proposal for parliamentary union. (shrink)

In this paper, the relationship between the e-value of a complex hypothesis, H, and those of its constituent elementary hypotheses, Hj, j = 1… k, is analyzed, in the independent setup. The e-value of a hypothesis H, ev, is a Bayesian epistemic, credibility or truth value defined under the Full Bayesian Significance Testing mathematical apparatus. The questions addressed concern the important issue of how the truth value of H, and the truth function of the corresponding FBST structure M, relate to (...) the truth values of its elementary constituents, Hj, and to the truth functions of their corresponding FBST structures Mj, respectively. (shrink)

One of the most common ancient moral teachings of considering oneself as equal with others is called the Golden Rule, which has long been the focus of different schools in time and world. This rule, as an important moral value and norm, by "adopting another perspective" (perspective_taking) causes the mutual understanding of individuals and is the cornerstone of other moral standards. . The implementation of this rule requires accurate knowledge of the needs, good and evil of others (...) with one's own conscience. In fact, to implement this rule, one must imagine oneself in another position, which causes a kind of epistemological-motivational empathy. The golden rule means "treat others as you would like to be treated" and the golden rule "do not like what others do not like for themselves" is explicitly or with different interpretations in Nahj al-Balaghah. This research uses a descriptive and analytical method and through the collection of library information to try to explain the different interpretations of the golden and silver rules in Nahj al-Balagheh. According to the results of this study, fairness, justice, compassion, identification of self-interests with others, forgiveness, meeting with different sections of society and self-discipline are among the conceptual forms of the golden rule in the words of Amir. (shrink)

As a response to the COVID-19 crisis, governments have turned to various discretionary measures such as cash transfers to consumers and businesses with mixed results. Universal Basic Income (UBI) is back on the agenda as well. One of the main advantages of UBI, as scholars like F.A. Hayek, Milton Friedman, and James M. Buchanan have argued, is that it does not depend upon competent and benevolent government discretion—which is often in short supply—but upon pre-established rules. This paper argues that the (...) UBI scheme holds tentative promise from the point of view of improving the institutional crisis preparedness of a complex socioeconomic order. The pre-established rules of UBI buttress the rule of law framework that improves the ability of economic agents to spontaneously coordinate their actions in times of crisis characterized by radical uncertainty, disequilibrium shocks, and institutional instability. Furthermore, UBI combines the distribution of fungible resources with the delegation of independent decision-making power to millions of crisis-struck individuals and communities. Compared to discretionary tax-and-transfer schemes, the rules of UBI therefore appear more compatible with the polycentric discovery of novel solutions from the bottom-up. In times of crisis, UBI may be relied upon as one cornerstone of what I shall call the permanent crisis management framework. Having such a permanent scheme may minimize - although it does not altogether eliminate - the need for discretionary transfers, targeted intervention, and technocratic management in times of crisis. However, this theoretical model of UBI as a facilitator of polycentric crisis preparedness faces several practical challenges that need to be addressed in further research. (shrink)

I criticize Yamada's account of rule-following. Yamada's conditions are not necessary. And he misses the deepest level of the rule-following considerations: how meaning rules come about.

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare (...) liberal and republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. (...) Indeed, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the (...) goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

In this paper I examine the sixth century ’Rule of St. Benedict’, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that premodern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the (...) first-order beliefs for the sake of which authority is sought by the individual, and the degree of trust between the authority and the subject. (shrink)

According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the (...) dual function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe more than an epistemic function to the rule of recognition. Accordingly, the norms deriving immediately from the rule of recognition are no different than those entailed by other epistemic, grammatical or syntactic norms. Consequently, accounts of the normativity of law need not explain how social practices like conventions or plans might impose duties on the officials of a legal system. (shrink)

Although much has been written on the dead-donor rule in the last twenty-five years, scant attention has been paid to how it should be formulated, what its rationale is, and why it was accepted. The DDR can be formulated in terms of either a Don’t Kill rule or a Death Requirement, the former being historically rooted in absolutist ethics and the latter in a prudential policy aimed at securing trust in the transplant enterprise. I contend that the moral (...) core of the rule is the Don’t Kill rule, not the Death Requirement. This, I show, is how the DDR was understood by the transplanters of the 1960s, who sought to conform their practices to their ethics—unlike today’s critics of the DDR, who rethink their ethics in a question-begging fashion to accommodate their practices. A better discussion of the ethics of killing is needed to move the debate forward. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the (...) ideas that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

I briefly consider why Descartes stopped work on the _Rules_ towards the end of my paper. My main concern is to accurately characterize the project represented in the _Rules_, especially in its relation to early-modern logic.

Background: Efforts to better understand and improve letters of recommendation (LORs) in the resident selection process have identified unwritten rules and hidden practices that may limit their effectiveness. The objective of our study is to explore these unwritten rules and hidden practices more fully in one Canadian academic medical community. -/- Methods: We conducted semi-structured, discourse-based interviews with 18 faculty members from the departments of Internal Medicine and Psychiatry at the University of Manitoba, Canada. Interviews were guided by sample LORs (...) and were focused on experiences with either writing or reading LORs. We analyzed interviews using key concepts from genre theory and Aristotle’s appeals to ethos, logos, and pathos. -/- Results: Participants described how the practices surrounding LORs are guided by unwritten rules. These practices contributed to writers’ use of visible strategies and textual silence to establish credibility, build a strong case, and appeal to readers. Readers rely on similar strategies, but not always as intended by the writers. -/- Conclusions: The unwritten rules of one academic community can impede a nationally-facilitated resident selection process. Our findings highlight how critiques and potential improvements to LORs could benefit from considering the use of visible and invisible rhetorical strategies in specific contexts. (shrink)

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular (...) conceptions of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)

Originally published in 1975, this is the concluding section of E.P. Thompson's study of the 18th century English legislation known as "the Black Act." Thompson, a Marxist historian, here embraces and defends the notion of the rule of law, famously calling it "an unqualified human good" (p. 208).

Cardinal Bessarion (1408–1472), in the second chapter of the first book of his influential work In calumniatorem Platonis, attempted to reply to Georgios Trapezuntios’ (1396–1474) criticism against Plato in the Comparatio Philosophorum Platonis et Aristotelis. Bessarion investigates why the Athenian philosopher maintained, in several dialogues, that the sacred truths should not be communicated to the general public and argued in favor of the value of oral transmission of knowledge, largely based on his theory about the cognitive processes. Recently, Fr. Bessarion (...) Kouotsis has argued that Cardinal Bessarion’s reasoning draws primarily on the “Disciplina Arcani”, i.e., the rule of secrecy, which was an established practice of the Early Christian Church, aimed at protecting and preserving the core elements of the religion from outsiders. While I find Kouotsis’ approach interesting and thought-provoking—for instance, the idea that Bessarion’s argumentation was likely influenced by Eastern Christian views on the rule of secrecy—I intend, first of all, to discuss why Bessarion did not explicitly mention it. Moreover, I would like to argue that Bessarion’s good knowledge of the long Platonic tradition and Eastern mysticism, encompassing both pagan and Christian elements, should also be considered a significant source. Furthermore, I would like to question Kouotsis’ implicit argument that Bessarion’s views were dominated by his training in Orthodox theology and discuss the possibility that Pletho’s (1355–1454) teaching was the obvious influence for Bessarion’s defense of secrecy. After all, we should bear in mind that Anastos has already pointed out Pletho’s reverence for the rule of secrecy. Finally, I would like to support that Bessarion, in the specific text, focused predominantly on the epistemological and cognitive aspects of oral teaching, resorting to the rule of secrecy only to enhance his views. (shrink)

The demands of rationality are linked both to our subjective normative perspective (given that rationality is a person-level concept) and to objective reasons or favoring relations (given that rationality is non-contingently authoritative for us). In this paper, I propose a new way of reconciling the tension between these two aspects: roughly, what rationality requires of us is having the attitudes that correspond to our take on reasons in the light of our evidence, but only if it is competent. I show (...) how this view can account for structural rationality on the assumption that intentions and beliefs as such involve competent perceptions of downstream reasons, and explore various implications of the account. (shrink)

An examination of the role played by general rules in Hume's positive (nonskeptical) epistemology. General rules for Hume are roughly just general beliefs. The difference between justified and unjustified belief is a matter of the influence of good versus bad general rules, the good general rules being the "extensive" and "constant" ones.

Divine Attributes and their reflection in the flowing of history and its stages is one of the most important issues in the theoretical philosophy of history that has attracted the attention of philosophers of history. This issue has become doubly important because it relates to human free will and the extent and manner of his role in history. This article has tried to examine the three attributes: "Lordship", "Knowledge" and "Will" along with a description of the concept of "Fate and (...) Destiny" (Ghadza' and Ghadar) based on the words of Amir al-Mu'menin Ali (AS), especially in Nahj al-Balaghah, and besides explaining the concept of their sovereignty over the history, proves its incompatibility with determinism. The findings of this study indicate that in the view of Amir al-Mo'menin Ali (AS), if these attributes do not rule over the history, history will decline, and since according to the teachings of Islamic revelation, the free will of man, itself is one of the elements of historical events, believing in the dominance of these attributes does not limit the scope of human free will and formative authority. (shrink)

This paper argues that most of the alleged straight solutions to the sceptical paradox which Kripke ascribed to Wittgenstein can be regarded as the first horn of a dilemma whose second horn is the paradox itself. The dilemma is proved to be a by‐product of a foundationalist assumption on the notion of justification, as applied to linguistic behaviour. It is maintained that the assumption is unnecessary and that the dilemma is therefore spurious. To this end, an alternative conception of the (...) justification of linguistic behaviour is outlined, a conception that vindicates some of the insights behind Kripke's Wittgenstein's sceptical solution of the paradox. This alternative conception is defended against two objections (both familiar from McDowell's works): (1) that it would imply that for the linguistic community there is no authority, no standard to meet and, therefore, no possibility of error and (2) that it would lead to a kind of idealism. (shrink)

One side of this paper is devoted to showing that the Golden Rule, understood as standing for universal love, is centrally characteristic of Confucianism properly understood, rather than graded, familial love. In this respect Confucianism and Christianity are similar. The other side of this paper is devoted to arguing contra 18 centuries of commentators that the negative sentential formulation of the Golden Rule as found in Confucius cannot be converted to an affirmative sentential formulation (as is found in (...) Christianity) without a change in its meaning. In this respect Confucianism and Christianity are different. (shrink)

This article advances two views on the role of evaluative judgment in clinical assessments of decision-making capacity. The first is that it is rationally impossible for such assessments to exclude judgments of the values a patient uses to motivate their decision-making. Predictably, and second, attempting to exclude such judgments sometimes yields outcomes that contain intractable dilemmas that harm patients. These arguments count against the prevailing model of assessment in common law countries—the four abilities model—which is often incorrectly advertised as being (...) value-neutral in respect of patient decision-making both by its proponents and in statute. A straightforward evaluative model of capacity assessment which wears its values on its sleeves and is biased against what are called ‘serious prudential mistakes’ avoids these rational and practical problems. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of (...) law and regularization policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge (...) to another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is how to (...) improve trade integration among Arab countries through more effective rules of origin. (shrink)

While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...) possible, including the elements of law and morality that are operated by combatants in war. I suggest that, ethically speaking, deploying a legally competent robot in some legally regulated realm is not much different from deploying a more or less well-armed, vulnerable, obedient, or morally discerning soldier or general into battle, a police officer onto patrol, or a lawyer or judge into a trial. All feature automaticity in the sense of deputation to an agent we do not then directly control. Such relations are well understood and well-regulated in morality and law; so there is not much challenging philosophically in having robots be some of these agents — excepting the implications of the limits of robot technology at a given time for responsible deputation. I then consider this proposal in light of the differences between two conceptions of law. These are distinguished by whether each conception sees law as unambiguous rules inherently uncontroversial in each application; and I consider the prospects for robotizing law on each. Likewise for the prospects of robotizing moral theorizing and moral decision-making. Finally I identify certain elements of law and morality, noted by the philosopher Immanuel Kant, which robots can participate in only upon being able to set ends and emotionally invest in their attainment. One conclusion is that while affectless autonomous devices might be fit to rule us, they would not be fit to vote with us. For voting is a process for summing felt preferences, and affectless devices would have none to weigh into the sum. Since they don't care which outcomes obtain, they don't get to vote on which ones to bring about. (shrink)

The rule of rescue holds that special weight should be given to protecting the lives of assignable individuals in need, implying that less weight is given to considerations of cost-effectiveness. This is sometimes invoked as an argument for funding or reimbursing life-saving treatment in public healthcare even if the costs of such treatment are extreme. At first sight one might assume that an individualist approach to ethics—such as Scanlon’s contractualism—would offer a promising route to justification of the rule (...) of rescue. In this chapter I argue that contractualism cannot endorse the rule of rescue, whereas a collectivist approach that appeals to group solidarity would offer support for rescue cases. The argument, however, has its limitations, and though solidarity is of central concern in shaping public healthcare, there are good reasons for not endorsing the rule of rescue as a moral basis for allocating scarce resources in clinical care. (shrink)

Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full implementation of (...) GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

The paper discusses different interpretations of Callicles and Thrasymachus’ positions. There are good reasons for interpreting Callicles as a critic of democracy and as an aristocratic political thinker whose political views are closer to Plato’s than is usually assumed. The paper argues that Callicles defends a natural right of the best citizens to rule over the crowd. However, in contrast to Plato, for Callicles the rule of the best should not aim at the common good but at their (...) personal advantage. The paper also discusses the view that Thrasymachus is just a sociologist of power who diagnoses what actually happens in politics (Henning Ottmann, Max Salomon). This interpretation is still current, and enables us to understand important aspects of legislation in contemporary democracies. Finally, the paper argues that there are reasons to understand Thrasymachus not only as a political realist, but, similar to Protagoras, as a moral sceptic. (shrink)

The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...) agent who uses powers delegated to her from her principal as her own. Then, the paper shifts gears to the institutional context, arguing that the best account of institutional corruption in the extant literature is of the pollution kind. It then fills the remaining logical space by laying out a conception of institutional corruption as disloyalty and explaining its moral significance for the political legitimacy of a democracy. (shrink)

In this article, the Golden Rule, a central ethical value to both Judaism and Confucianism, is evaluated in its prescriptive and proscriptive sentential formulations. Contrary to the positively worded, prescriptive formulation – “Love others as oneself” – the prohibitive formulation, which forms the injunction, “Do not harm others, as one would not harm oneself,” is shown to be the more prevalent Judaic and Confucian presentation of the Golden Rule. After establishing this point, the remainder of the article is (...) dedicated to an inquiry into why this preference between the two Golden-Rule-formulations occurs. In doing so, this article discovers four main benefits to the proscriptive formulations: I) harm-doing, as opposed to generalizable moral goodness, is easier for individuals to subjectively comprehend II) the prevention of harm-doing is the most fundamental ethical priority III) the proscriptive formulation preserves self-directed discovery of what is good, thus preserving moral autonomy IV) individuals are psychologically pre-disposed toward responding to prohibitions rather than counsels of goodness. (shrink)

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

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

What faculty of our mind is best suited to endow us with all that is required to carry forth our moral enterprise? In other words, what are the cognitive resources that subserve the moral mind? This is a core empirical question, raised much to the delight of the investigative inquisitiveness of the moral psychologists. But the philosophical connection to this problem can be traced back to as far in time as that of Plato the main tenet of whose tripartite theory (...) of soul was that the rational element of the soul is like the charioteer who holds sway over his two horses – the manageable one, i.e. the spirited element and the unwieldy one, i.e. the vegetative, emotionally unruly element of the soul. And the era of reasonemotion debate begins, percolating into the field of moral beliefs that we inculcate and judgments that we pronounce. The mainstay of this short paper is a comparative analysis of two recently emerging theoretical frameworks claimed to be underlying moral judgments – one espoused by moral psychologist Jonathan Haidt claims that moral judgment is primarily elicited unconsciously by affectdriven intuition and the other put forward by philosopher Shaun Nichols attempts to highlight the conscious deliberation about moral rules. After critical analysis of both the views, this work suggests that a syncretic approach to the aetiological theorization about moral judgment may provide some silver lining. (shrink)