This article provides a property analysis of electronic money, showing that the issuance of electronic money cannot involve a trust. The analysis is also applicable to other digital assets that may be said to involve a trust, and as such provides a timely contribution to current discussions on the legal nature and categorisation of digital assets both in the UK and internationally.

The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence ... (...) Every effort … to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life.” Over the years, all treaty bodies have contributed in this direction, endorsing peace and security so as “to protect people against direct and structural violence … as systemic problems and not merely as isolated incidents …”. A closer look at the jurisprudence on peace and security, emanating from treaty monitoring mechanisms including state periodic reports, interpretive statements, the individual communications procedure, and others, reveals its distinctive nature. (shrink)

Could the employment of large language models (LLMs) in place of human advisors improve the problem-solving ability of democratic assemblies? LLMs represent the most significant recent incarnation of artificial intelligence and could change the future of democratic governance. This paper assesses their potential to serve as expert advisors to democratic representatives. While LLMs promise enhanced expertise availability and accessibility, they also present specific challenges. These include hallucinations, misalignment and value imposition. After weighing LLMs’ benefits and drawbacks against human advisors, I (...) argue that time-tested democratic procedures, such as deliberation and aggregation by voting, provide safeguards that are effective against human and machine advisor shortcomings alike. Additional protective measures may include custom training for advisor LLMs or boosting representatives’ competencies in query formulation. Implementation of adversarial proceedings in which LLM advisors would debate each other and provide dissenting opinions is likely to yield further epistemic benefits. Overall, promising interventions that would mitigate the LLM risks appear feasible. Machine advisors could thus empower human decision-makers to make more autonomous, higher-quality decisions. On this basis, I defend the hypothesis that LLMs’ careful integration into policymaking could augment democracy’s ability to address today’s complex social problems. (shrink)

Despite centuries of colonization in the Philippines, the traditional Filipino healing system has survived. However, as modern education has continued to spread and Western medicine has grown in influence, traditional healing practices have been pushed to the margins and labeled as unscientific or mere superstition. This also suggests that unrecorded information may be lost forever. For future generations to appreciate this rich cultural heritage, cultural mapping of traditional healers in a local community is necessary. Thus, the researcher explored, identified, documented, (...) and analyzed the cultural profile of the traditional healers in a local community. Specifically, he studied the (1) background information, (2) description of the intangible cultural heritage, (3) stories/narratives associated with traditional healing, (4) significance of the practice, (5) assessment of the practice, and (6) references/supporting documentation of the traditional healers. The study was conducted in one of the local communities in the province of Quezon. The research participants were selected using inclusion criteria, and 11 traditional healers served as the key informants of the study. This study also employed qualitative research through cultural mapping, and pertinent data were obtained using participant observation, documentation, and interview guides. Qualitative content analysis was used in analyzing the gathered data. The findings revealed that the traditional healers have diverse background information, reflected in the element types, the geographical location and range of the element, and the related domains of the intangible cultural heritage. Likewise, the description of the intangible cultural heritage gave a wide array of descriptions of the history of practice, occasion/season, processes, and procedures involved, beliefs associated, settings, aims, social functions, and cultural meaning, culture bearer/s and practitioner/s of the element, mode of transmission, list of significant tangible movable heritage used associated with the element and list of significant flora/fauna used associated with the element. Meanwhile, spiritual guides and supernatural claims, healing severe cases, and being accused of malpractice or maltreatment were some of the stories/narratives associated with the element. In addition, traditional healing has historical, aesthetic, scientific, social, socio-economic, socio-political, and spiritual significance. Moreover, the assessment of practice exposed the condition/status of traditional healing, which is in danger because of the elderliness of the traditional healers and because no one is accepting the knowledge and practices. Furthermore, the constraint, threat, issue, or challenge experienced by the traditional healers is making false accusations against them. Nevertheless, traditional healers have identified several safeguarding measures in their traditional healing practice. These are transmission through informal education, identification, documentation, research, promotion, enhancement, and revitalization. Finally, sacred texts, books, pictures, prayers, and saints are the references or supporting documentation used in traditional healing. Based on the findings and conclusions, it is recommended to utilize the two research outputs: “Kaalaman at Kasanayan: Cultural Profile of Traditional Healers,” a booklet, and “Tanging Healing,” a documentary film about traditional healing for the preservation of local heritage, community development, and heritage education. (shrink)

This study investigates strategies for hotels situated near Taal Volcano to lessen the impact of natural disasters, specifically volcanic eruptions. The hospitality industry in this region faces a unique threat due to the volcano's activity. This research addressed a critical gap by implementing effective preparedness and response plans. A qualitative multiple case study design was employed by the researchers. Seven (7) hotel executives from different hotels situated in Batangas who had directly encountered and navigated the impacts of natural disasters were (...) selected through the purposive sampling technique. The findings revealed several common natural hazards faced by hotels include Taal volcano eruptions, typhoons, earthquakes, ashfall, and sulfur dioxide emissions. Despite of this natural hazards, hotel executives were still capable of safeguarding their guests by implementing strategies including evacuation procedures, staff training, communication and coordination and preventive measures. In conclusion, to overcome the challenges identified in disaster preparedness, hotels in Batangas should consider several strategic actions. Hotels are recommended to take several crucial actions to enhance their preparedness and response capabilities to natural hazards. Adhering to safety regulations will help hotels maintain a high level of preparedness and minimize risks associated with natural hazards, ultimately safeguarding the well-being of guests and staff alike. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard (...) of National Production. -/- The purpose of the paper is to examine Jordan's safeguard law. The paper analyzes safeguard investigation, safeguard review, and duration. In addition, the paper examines safeguard measures under the U.S.-Jordan Free Trade Agreement. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were retrieved (...) with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are (...) themselves procedural. These norms comprise what we hold are the three hallmarks of a procedural norm: second-orderness, providing reasons on how to engage with other norms, and outcome-neutrality. In this respect, morality is more like law than what one might have expected. (shrink)

I argue that the Universal Law formulation of the Categorical Imperative is best interpreted as a test or decision procedure of moral rightness and not as a criterion intended to explain the deontic status of actions. Rather, the Humanity formulation is best interpreted as a moral criterion. I also argue that because the role of a moral criterion is to explain, and thus specify what makes an action right or wrong, Kant's Humanity formulation yields a theory of relevant descriptions.

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

Collective deliberation is fuelled by disagreements and its epistemic value depends, inter alia, on how the participants respond to each other in disagreements. I use this accountability thesis to argue that deliberation may be valued not just instrumentally but also for its procedural features. The instrumental epistemic value of deliberation depends on whether it leads to more or less accurate beliefs among the participants. The procedural epistemic value of deliberation hinges on the relationships of mutual accountability that characterize appropriately conducted (...) deliberation. I will argue that it only comes into view from the second-person standpoint. I shall explain what the second-person standpoint in the epistemic context entails and how it compares to Stephen Darwall’s interpretation of the second-person standpoint in ethics. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which inspires a philosophical re-examination of the moral status of the rule of law. The chapter analyses survey data from the US about law-related attitudes and legal compliance. Consistently with prior studies, it finds 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 in the chapter); and (ii) their moral assessment of the content of specific legal requirements (referred to in the chapter as ‘perceived moral content of laws’). The chapter also observes an interactive relationship between these two factors. The authors then identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. They argue that Lon Fuller’s precepts of legality possess an expressive moral quality, but that the extent to which their expressive effect materialises is sensitive to the moral quality of the law’s content. (shrink)

This is a non-technical version of "The Decision Problem for Effective Procedures." The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined, even if it does not have a purely mathematical definition—and even if (as many have asserted) for that reason, the Church–Turing thesis (that the effectively calculable functions on natural numbers are exactly the general recursive functions), cannot be proved. However, it is logically provable from the notion of (...) an effective procedure--without reliance on any (partially) mathematical thesis or conjecture concerning effective procedures, such as the Church–Turing thesis--that the class of effective procedures is undecidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. The proof does not appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of such a procedure. Though this undecidability result itself is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure is, in fact, a decision procedure, i.e., effective—for example, that it invariably terminates with the correct verdict. (shrink)

Two semantic paradoxes, the Liar and Curry’s paradox, are analysed using a newly developed conception of procedural semantics (semantics according to which the truth of propositions is determined algorithmically), whose main characteristic is its departure from methodological realism. Rather than determining pre-existing facts, procedures are constitutive of them. Of this semantics, two versions are considered: closed (where the halting of procedures is presumed) and open (without this presumption). To this end, a procedural approach to deductive reasoning is developed, based on (...) the idea of simulation. As is shown, closed semantics supports classical logic, but cannot in any straightforward way accommodate the concept of truth. In open semantics, where paradoxical propositions naturally ‘belong’, they cease to be paradoxical; yet, it is concluded that the natural choice—for logicians and common people alike—is to stick to closed semantics, pragmatically circumventing problematic utterances. (shrink)

The move from open outcry to electronic trading added another responsibility to futures exchanges—that of matching orders between buyers and sellers. Matching systems can affect the level and speed of price discovery, the distribution of revenue, as well as the level of price efficiency of a given market. Whether the matching system is procedurally fair is another important consideration. I argue that while FIFO (First In First Out) is a fair procedure in principle and is perceived as the default (...) matching system, it is not a fair procedure in practice. Likewise, while pro rata is a fair procedure in principle, it is not so in practice. Nevertheless, both FIFO and pro rata are relics of an open outcry system. Instead, I propose an alternative approach to matching systems that builds on the strengths of electronic trading—the ability to randomize in real time. I introduce random selection for service (RSS) as a matching system that is procedurally fair both in principle and in practice. (shrink)

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)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize (...) impartial methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

The increasing application of artificial intelligence (AI) to healthcare raises both hope and ethical concerns. Some advanced machine learning methods provide accurate clinical predictions at the expense of a significant lack of explainability. Alex John London has defended that accuracy is a more important value than explainability in AI medicine. In this article, we locate the trade-off between accurate performance and explainable algorithms in the context of distributive justice. We acknowledge that accuracy is cardinal from outcome-oriented justice because it helps (...) to maximize patients’ benefits and optimizes limited resources. However, we claim that the opaqueness of the algorithmic black box and its absence of explainability threatens core commitments of procedural fairness such as accountability, avoidance of bias, and transparency. To illustrate this, we discuss liver transplantation as a case of critical medical resources in which the lack of explainability in AI-based allocation algorithms is procedurally unfair. Finally, we provide a number of ethical recommendations for when considering the use of unexplainable algorithms in the distribution of health-related resources. (shrink)

This paper examines two ideas of John Rawls that are rarely discussed in conjunction: pure procedural justice (PPJ) and property-owning democracy. Applied to matters of distribu- tion, PPJ orders the establishment of fair procedures under which any private transaction can be considered just. It aims to secure equality without fixating on patterns of distribu- tion. How such an approach is constituted and how it applies to different stages of theori- sation are explored. Three components of PPJ and three guidelines for (...) its institutionalisa- tion are identified. As such, PPJ also provides a backbone to property-owning democracy. The understanding of property-owning democracy as an institution of PPJ helps us assess various interpretations and refinement of property-owning democracy. (shrink)

While Yoga (also called Bhakti, “devotion”) is a comprehensive philosophy, it is importantly an ancient and basic ethical theory, unique to South Asia (what is commonly called the Indian tradition). It is not a variant of virtue ethics, consequentialism and deontology, but is an additional kind of moral theory. And in its literary articulation, in dialog and story (such as the Mahābhārata and the Upaniṣads), it has a long history of criticizing teleological ethical theories, including – and especially – consequentialism. (...) It is a radically procedural ethical theory, does not require the Good to elucidate the Right, and provides a critical response to all three alternatives. -/- The main obstacle to understanding Yoga is methodological. It pertains to how we can understand philosophical options that we do not necessarily agree with, and which are novel relative to our background assumptions and beliefs. Without methodological clarity, we will be doomed to understand alternatives in terms of familiar options. Yoga's metaethics provides us the tools necessary to engage in this research. In addition, it also sets out a unique normative (ideal) ethical theory and a non-ideal practice that is now the foundation of decolonial practices of direct action. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

Evidence from jurisdictions that allow assisted dying is frequently used in the debate about assisted dying in the UK, since it provides important information about how assisted suicide and voluntary euthanasia work in practice. However, in order to interpret these data meaningfully, it is essential that they are understood in the context of the different legal and regulatory frameworks in operation in these countries. -/- The Commission on Assisted Dying has commissioned this expert briefing paper in order to help unpick (...) these complexities, and identify evidence for the effectiveness of the various legal safeguards that have been employed in jurisdictions that allow assisted dying. In the briefing paper the authors identify and explain the features of the legal regimes that regulate assisted dying in four target jurisdictions: the Netherlands, Belgium, Oregon and Switzerland. -/- They explore the evidence for the effectiveness of individual safeguards in each of these regimes in turn. Then they evaluate the evidence for the effectiveness of each safeguard, drawing on a detailed examination of the evidence, and, where possible, make recommendations on how these regimes could implement and regulate assisted dying more effectively. (shrink)

I examine two explanatory models of choking: the representationalist model and the anti-representationalist model. The representationalist model is based largely on Anderson's ACT model of procedural knowledge and is developed by Masters, Beilock and Carr. The antirepresentationalist model is based on dynamical models of cognition and embodied action and is developed by Dreyfus who employs an antirepresentational view of know-how. I identify the models' similarities and differences. I then suggest that Dreyfus is wrong to believe representational activity requires reflection and (...) attention. I also argue that the representationalist model of choking is preferable, since some embodied actions require appeals to representations, something not available to Dreyfus's anti-representational model. (shrink)

Cultural and natural heritage is among the priceless and irreplaceable assets, not only of each nation, but of humanity as a whole. The loss, through deterioration or disappearance, of any of these most prized assets constitutes an impoverishment of heritage of all the people of the world. It tells us about the traditions, the beliefs and the achievements of a country and its people. Tourism is concentrated in the predominantly Buddhist settlements of the Indus Valley, of which the ancient capital (...) and trading center of Leh. It is a land of rich culture, traditional knowledge and natural wonders. The strength of locals to tolerate the geographical and climatic extremities often leaves the visitors overcome with amazement. Visitors come to see a preindustrial culture, tour the Buddhist monasteries, and take in the dramatic mountain vistas. Over the years, Ladakh has gained popularity as a unique tourist destination. Mass tourism has acted as a powerful catalyst for change that is extremely challenging. Tourism has an enormous influence on the local economy, ecology and Society. The tourism economy is centered around Leh, and very little of the economic benefit of tourism accrues to the more than 90 percent of Ladakh is who live outside of this area. Within Leh the handful of Ladakhis who own large hotels benefit disproportionately. The openness and friendliness that Ladakh is have traditionally shown to visitors has been eroded by the commercialization of their culture and their understandable resentment toward the invading crowds. Theft, virtually unknown in traditional Ladakhi society, is now a common complaint among urban tourists and trekkers alike, and children now plague visitors for handouts. In the past few years, this unique culture has suffered great losses and indigenous communities, have included themselves in the fold of unchecked globalization, further damaging their cultural wealth. Tourism industry is crucial for Ladakh as a source of livelihood at the same time; it is posing a colossal threat to its cultural and environment legacy. No government or non-government organization can contribute to the conservation of the society without the participation of local communities. (shrink)

This study aimed to identify the effect of procedural justice on organizational loyalty from the point of view of Faculty Staff at Palestine Technical University- Kadoorei. It also aimed to identify the differences in the views of the study sample on the study variables according to the years of service. In order to achieve this, the researchers used a questionnaire consisting of (22) paragraphs where the first area (10) paragraphs looking at procedural justice while the paragraphs of the second area (...) and the number of (12) paragraph in the field of organizational allegiance to Faculty Staff at the university, (105) questionnaires were distributed on the sample of the study, and after the process of distribution of the questionnaire was collected and coded and entered into the computer and processed statistically using the statistical program of social sciences (SPSS). One of the most important findings of the study was that the degree of procedural justice at the heads of departments at Palestine Technical University- Kadoorei, from the point of view of Faculty Staff was between the medium and large, where the average arithmetic (3.65). Respondents also showed a high level of organizational loyalty (3.84). The study also showed a statistically significant effect at the level of significance (α = 0.05) for procedural fairness in achieving organizational loyalty, and the absence of differences attributed to years of experience. In the light of the results of the previous study, the researchers recommended several recommendations, the most important of which is to increase the awareness of the workers on the principles of procedural justice, to encourage adherence to them and to indicate their importance in job performance by creating systems and methods that ensure commitment to justice by raising the ability of leaders to build new policies and visions Which would promote the work of institutions. (shrink)

Pourquoi accorder un rôle essentiel à la délibération publique dans le choix des normes éthiques et politiques guidant les sciences? À partir d’un débat récent en économie du bien-être, cet article soutient que l’introduction de normes éthiques et politiques en sciences doit respecter le principe de neutralité procédurale, et qu’une délibération publique bien encadrée respecte ce principe. Je présenterai deux raisons de croire que les sciences doivent respecter la neutralité procédurale. Le premier argument est lié au rôle que devrait jouer (...) l’examen libre et critique dans le développement des sciences. Le second argument repose sur l’idée que les sciences devraient être sensibles aux procédures présentant le meilleur potentiel épistémique. Pour ces deux raisons, si elle prend position en faveur d’idéaux normatifs, l’économie du bien-être devrait se tourner vers une approche délibérative, rationnelle et impartiale pour y parvenir. (shrink)

We consider several natural fragments of the alternating-time temporal logics ATL* and ATL with restrictions on the nesting between temporal operators and strategic quantifiers. We develop optimal decision procedures for satisfiability in these fragments, showing that they have much lower complexities than the full languages. In particular, we prove that the satisfiability problem for state formulae in the full `strategically flat' fragment of ATL* is PSPACE-complete, whereas the satisfiability problems in the flat fragments of ATL and ATL$^{+}$ are $\Sigma^P_3$-complete. We (...) note that the nesting hierarchies for fragments of ATL* collapse in terms of expressiveness above nesting depth 1, hence our results cover all such fragments with lower complexities. (shrink)

The use and acquisition of knowledge appears to be influenced by what humans pay attention to. Thus, looking at attention will tell us something about the mechanisms involved in knowledge (usage). According to the present review, attention reflects selectivity in information processing and it is not necessarily also reflected in a user’s consciousness, as it is rooted in skill memory or other implicit procedural memory forms–that is, attention is rooted in the necessity of human control of mental operations and actions. (...) The main assumption is that what is true of processing in general is also true of knowledge: Its usage cannot be understood, unless we have the means to study all mechanisms involved, including knowledge hidden from direct introspection and knowledge that participants are not willing to share with interrogators. Reviewing work done in this context, I argue that experimental research on selectivity and bias in human information processing is a promising road to learn about the principles governing knowledge (usage) and to reflect upon them. (shrink)

In this paper, we outline a comprehensive approach to composed analogies based on the theory of conceptual spaces. Our algorithmic model understands analogy as a search procedure and builds upon the idea that analogical similarity depends on a conceptual phenomena called ‘dimensional salience.’ We distinguish between category-based, property-based, event-based, and part-whole analogies, and propose computationally-oriented methods for explicating them in terms of conceptual spaces.

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

This paper takes up the challenge which Carnap poses in his Aufbau: to make of it a basis for continued epistemological research. I try to close some gaps in Carnap’s original presentation and to make at least the first few steps of his constructional outline more accessible to the modern reader. Particularly emphasized is Carnap’s implicit recognition that, to be effective, “structural” models of epistemology (using logical symbols) must be complemented with “procedural” models (his “fictitious operations”). The paper shows how (...) a procedural model, a computer program,can “bypass” Nelson Goodman’s counter example to Carnap’s logical construction of “similarity circles”. (shrink)

A violation of procedure invariance in preference measurement is that the predominant or prominent attribute looms larger in choice than in a matching task. In Experiment 1, this so-called prominence effect was demonstrated for choices between pairs of options, choices to accept single options, and preference ratings of single options. That is, in all these response modes the prominent attribute loomed larger than in matching. The results were replicated in Experiment 2, in which subjects chose between or rated their (...) preference for pairs of options which were matched to be equally attractive either in the same session or 1 week earlier. On the basis of these and previous results, it is argued that the prominence effect is a reliable phenomenon. However, none of several cognitive explanations which have been offered appears to be completely viable. (shrink)

We approach the topic of solution equivalence of propositional problems from the perspective of non-constructive procedural theory of problems based on Transparent Intensional Logic (TIL). The answer we put forward is that two solutions are equivalent if and only if they have equivalent solution concepts. Solution concepts can be understood as a generalization of the notion of proof objects from the Curry-Howard isomorphism.

We develop a conceptually clear, intuitive, and feasible decision procedure for testing satisfiability in the full multi\-agent epistemic logic \CMAELCD\ with operators for common and distributed knowledge for all coalitions of agents mentioned in the language. To that end, we introduce Hintikka structures for \CMAELCD\ and prove that satisfiability in such structures is equivalent to satisfiability in standard models. Using that result, we design an incremental tableau-building procedure that eventually constructs a satisfying Hintikka structure for every satisfiable input (...) set of formulae of \CMAELCD\ and closes for every unsatisfiable input set of formulae. (shrink)

The longstanding tension between the procedural and instrumental justification of democracy has been challenged by the theories that try to combine both approaches. These theories portray epistemic features of democracy in an instrumental framework and then try to reconcile them with procedural values. In this paper, I argue that it is possible to incorporate an epistemic dimension into a justification of democracy, without resorting to instrumentalism. On the view that I advance, Peircean epistemology, when combined with intrinsically valued epistemic virtues, (...) constitutes a purely procedural argument for democracy. (shrink)

This paper describes a decision procedure for disjunctions of conjunctions of anti-prenex normal forms of pure first-order logic (FOLDNFs) that do not contain V within the scope of quantifiers. The disjuncts of these FOLDNFs are equivalent to prenex normal forms whose quantifier-free parts are conjunctions of atomic and negated atomic formulae (= Herbrand formulae). In contrast to the usual algorithms for Herbrand formulae, neither skolemization nor unification algorithms with function symbols are applied. Instead, a procedure is described that (...) rests on nothing but equivalence transformations within pure first-order logic (FOL). This procedure involves the application of a calculus for negative normal forms (the NNF-calculus) with A -||- A & A (= &I) as the sole rule that increases the complexity of given FOLDNFs. The described algorithm illustrates how, in the case of Herbrand formulae, decision problems can be solved through a systematic search for proofs that reduce the number of applications of the rule &I to a minimum in the NNF-calculus. In the case of Herbrand formulae, it is even possible to entirely abstain from applying &I. Finally, it is shown how the described procedure can be used within an optimized general search for proofs of contradiction and what kind of questions arise for a &I-minimal proof strategy in the case of a general search for proofs of contradiction. (shrink)

How do we control what we do not do? What are the relevant guiding mental states when an agent intentionally omits to perform an action? I argue that what happens when an agent intentionally omits is a two-part metacognitive process in which a representation of an action is brought to the agent’s mind for further processing and evaluated by her as something not to be done. Without a representation of the action not done, the agent cannot further process the possibility (...) of her own action; she cannot intentionally try to not do something, resist performing an action, or decide or choose to not perform an action. The literature on people with frontal lobe damage suggests that without metacognitive control of action, a person automatically follows what the environment affords or what others are doing. Through at least procedural metacognitive control of action, agents are able to intentionally omit. This view has explanatory power over a variety of intentional omissions and over a variety of agents. It answers central questions in the philosophy of intentional omissions: who is capable of intentionally omitting, when and where intentional omissions unfold, and what are the relevant guiding mental states on which the control of intentional omissions is based? The answers to these questions contribute in part to naturalizing agency, at least when it comes to negative agency, our ability to guide the non-performance of our actions. (shrink)

The 2010s were a golden age of information privacy research, but its policy accomplishments tell a mixed story. Despite significant progress on the development of privacy theory and compelling demonstrations of the need for privacy in practice, real achievements in privacy law and policy have been, at best, uneven. In this chapter, I outline three broad shifts in the way scholars (and, to some degree, advocates and policy makers) are approaching privacy and social media. First, a change in emphasis from (...) individual to structural approaches. Second, increasing attention to the political economy of privacy—especially the business models of information companies, such as social media platforms. And third, a deeper understanding of privacy’s role in a healthy digital public sphere. (shrink)

Epistemology has taken a zetetic turn from the study of belief towards the study of inquiry. Several decades ago, theories of bounded rationality took a procedural turn from attitudes towards the processes of inquiry that produce them. What is the relationship between the zetetic and procedural turns? In this paper, I argue that we should treat the zetetic turn in epistemology as part of a broader procedural turn in the study of bounded rationality. I use this claim to motivate and (...) clarify the zetetic turn in epistemology, as well as to reveal the need for a second zetetic turn within practical philosophy. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

In a recent paper in Astrophysics and Space Science Vol. 364 no. 11 (2019), S. Ershkov & D. Leschenko presented a new solving procedure for Euler-Poisson equations for solving momentum equations of the CR3BP near libration points for uniformly rotating planets having inclined orbits in the solar system with respect to the orbit of the Earth. The system of equations of the CR3BP has been explored with regard to the existence of an analytic way of presentation of the approximated (...) solution in the vicinity of libration points. A new and elegant ansatz has been suggested in their publication whereby, in solving, the momentum equation is reduced to a system two coupled Riccati ODEs. In this paper, we presented a numerical solution of such coupled Riccati ODEs using Mathematica software package. (shrink)