We show in this paper that the answer to the question in the title is in the negative. In modern optics, Snell’s law of reflection is derived using Leibniz’s calculus method that identifies the least time path, chosen by rays of light in going from a given point A, to another given point B, undergoing reflection at a point P on their way. We demonstrate, taking two examples of reflection: (1) at a plane reflector and (2) at (...) elliptical reflector, that Snell’s law of reflection is not a consequence of least time path principle and, that Leibniz’s method of derivation of Snell’s law of reflection is invalid. In (1), we prove that, if a light ray is reflected at point P on a line, along the least time path APB, then at every point Pi on that line, rays from A are reflected to point B, satisfying Snell’s law. However, paths, APB and APiB do not have equal travel times. In (2), we prove that, if a light ray is reflected along the least time path APB, from focus A to focus B incident at point P on an ellipse, satisfies Snell’s law, then points Pi, not lying on the ellipse, also reflect light rays from A to B, satisfying Snell’s law. However, the paths APB and APiB do not have equal travel times. Thus, both examples prove that least time path is not a criterion for reflection and, that Snell’s law of reflection is not a consequence of least time path principle. (shrink)

During 17th century a scientific controversy existed on the derivation of Snell’s laws of reflection and refraction. Descartes gave a derivation of the laws, independent of the minimality of travel time of a ray of light between two given points. Fermat and Leibniz gave a derivation of the laws, based on the minimality of travel time of a ray of light between two given points. Leibniz’s calculus method became the standard method of derivation of the two laws. We demonstrate (...) in this article that Snell’s law of reflection follows from simple results of geometry. We do not use the concept of motion or the time of travel in our demonstration. That is, time plays no role in our demonstration. (shrink)

Leibniz proposed the ‘Most Determined Path Principle’ in seventeenth century. According to it, ‘ease’ of travel is the end purpose of motion. Using this principle and his calculus method he demonstrated Snell’s Laws of reflection and refraction. This method shows that light follows extremal (local minimum or maximum) time path in going from one point to another, either directly along a straight line path or along a broken line path when it undergoes reflection or refraction at plane or (...) spherical (concave or convex) surfaces. The extremal time path avoided the criticism that Fermat’s least time path was subjected to, by Cartesians who cited examples of reflections at spherical surfaces where light took the path of longest time. Thereby it became the standard method of demonstration of Snell’s Laws. Ptolemy’s theorem is a fundamental theorem in geometry. A special case of it offers a method of finding the minimum sum of the two distances of a point from two given fixed points. We show in this paper that Leibniz’s calculus proof of Snell’s Laws violates Ptolemy’s theorem, whereby Leibniz’s proof becomes invalid. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

While the image of the slave as the antithesis of the freeman is central to republican freedom, it is striking to note that slaves themselves have not contributed to how this condition is understood. The result is a one-sided conception of both freedom and slavery, which leaves republicanism unable to provide an equal and robust protection for historically outcast people. I draw on the work of Frederick Douglass – long overlooked as a significant contributor to republican theory – to show (...) one way why this is so. Focusing the American Revolution, the subsequent republican government established new political institutions to maintain the collective interests of the whole population. The political revolution was held in place by processes of public reason that reflected the values and ideas of the people that had rebelled. The black population, however, had not been part of this revolution. After emancipation, black Americans were required to accept terms of citizenship that had already been defined, leaving them socially dominated, subject to the prejudices and biases within the prevailing ideas of public discourse. Douglass argued that republican freedom under law is always dependent on a more fundamental revolution, that he calls a ‘radical revolution in thought’, in which the entire system of social norms and practices are reworked together by members of all constituent social groups – women and men, black and white, rich and poor – so that it reflects a genuinely collaborative achievement. Only then can we begin the republican project of contestatory freedom as independence or non-domination that today’s republicans take for granted. (shrink)

Richard Baxter, one of the most famous Puritans of the seventeenth century, is generally known as a writer of practical and devotional literature. But he also excelled in knowledge of medieval and early modern scholastic theology, and was conversant with a wide variety of seventeenth-century philosophies. Baxter was among the early English polemicists to write against the mechanical philosophy of René Descartes and Pierre Gassendi in the years immediately following the establishment of the Royal Society. At the same time, he (...) was friends with Robert Boyle and Matthew Hale, corresponded with Joseph Glanvill, and engaged in philosophical controversy with Henry More. In this book, David Sytsma presents a chronological and thematic account of Baxter's relation to the people and concepts involved in the rise of mechanical philosophy in late-seventeenth-century England. -/- Drawing on largely unexamined works, including Baxter's Methodus Theologiae Christianae (1681) and manuscript treatises and correspondence, Sytsma discusses Baxter's response to mechanical philosophers on the nature of substance, laws of motion, the soul, and ethics. Analysis of these topics is framed by a consideration of the growth of Christian Epicureanism in England, Baxter's overall approach to reason and philosophy, and his attempt to understand creation as an analogical reflection of God's power, wisdom, and goodness, understood as vestigia Trinitatis. Baxter's views on reason, analogical knowledge of God, and vestigia Trinitatis draw on medieval precedents and directly inform a largely hostile, though partially accommodating, response to mechanical philosophy. (shrink)

Corporate activities conducted under the banner of creating shared value (CSV) have gained popularity over the last decade, and some MNCs have espoused that CSV has entered the heart of their practices. There has, however, been criticism about the lack of a standard definition of CSV. The purpose of the current study was to develop a working definition of CSV by identifying distinctions between CSV and various conceptions of corporate social responsibility (CSR). We conducted 26 semi-structured interviews with managers and (...) stakeholder representatives of five multinational corporations (MNCs) and three small and medium enterprises (SMEs), all headquartered or rooted in Asia. These firms had received public recognition for their CSV engagement. We compared and contrasted interviewees’ conceptions and descriptions of CSV and traditional CSR (philanthropy) and mapped these against Carroll’s four-layer model of responsible corporate management. Interviewees tended to frame CSV as a sustainable business model that generates social and economic value simultaneously. Traditional CSR was characterized as “giving back” some of the surplus from economic returns. In addition, interviewees described examples of strategic CSR, which involved pump-priming interventions for empowering and enabling stakeholders of the CSV practices of the focal firm to participate in the associated wealth and well-being co-creation. Keywords: Corporate social responsibility, creating shared value, qualitative, Asia. (shrink)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

Fermat’s Least Time Principle has a long history. World’s foremost academies of the day championed by their most prestigious philosophers competed for the glory and prestige that went with the solution of the refraction problem of light. The controversy, known as Descartes - Fermat controversy was due to the contradictory views held by Descartes and Fermat regarding the relative speeds of light in different media. Descartes with his mechanical philosophy insisted that every natural phenomenon must be explained by mechanical principles. (...) Fermat on the other hand insisted an end purpose for every motion. For example, least time of travel and not the least distance of travel is the end purpose for motion of light. This implied a thinking nature, which was rejected by Descartes. Surprisingly, with contradictory assumptions regarding the relative speeds of light in different media, both Descartes and Fermat came to the same result that the ratio of sines of angles of incidence and refraction is a constant. Fermat’s result came to be known as the ‘Fermat’s least time principle’. We show in this article that Fermat’s least time principle violates a fundamental theorem in geometry – the Ptolemy’s theorem. That leads to the invalidity of Fermat’s principle. -/- . (shrink)

Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the ‘power of (...) judgment’ [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

Amongst the entities making up social reality, are there necessary relations whose necessity is not a mere reflection of the logical connections between corresponding concepts? We distinguish three main groups of answers to this question, associated with Hume and Adolf Reinach at opposite extremes, and with Searle who occupies a position somewhere in the middle. We first set forth Reinach’s views on what he calls ‘material necessities’ in the realm of social entities. We then attempt to show that Searle (...) has not identified a sustainable position somewhere between the Humean and the Reinachian extremes. This is because Searle’s position is threatened by circularity, and to steer clear of that danger it must incorporate at least some elements of Reinach’s essentialism. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or (...) feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

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

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

James Kreines's Reason in the World (2015) offers an engaging and thought-provoking examination of Hegel's ambitions in the Science of Logic. However, it has gone unnoticed that there are two fundamental misinterpretations in his account of ‘Mechanism’ from the Logic. First, Kreines interprets the chapter as beginning with a ‘pure mechanism’ hypothesis that investigates the coherence of a purely mechanistic explanation of the world that makes no appeal to the immanent concept of things. Thus, according to Kreines, the Concept is (...) absent from the beginning of ‘Mechanism’ and only appears in the final section of the chapter, in ‘C. Absolute Mechanism’ in the subsection on the law, what Kreines conceptualizes as ‘reasonable mechanism’. Second, within his overall interpretation of ‘Mechanism’ as the development from the ‘pure mechanism’ hypothesis to ‘reasonable mechanism’ Kreines claims that there are logical moments that are explanatorily relevant and some that are not. Thus, Kreines will want to claim that Hegel's analysis of ‘pure mechanism’ reveals that ‘pure mechanism’ fails to be explanatorily relevant because, a) the logical moments do not have a concept immanent to them, and b) have ‘indifference’. It is only in the law that mechanistic explanations become explanatorily relevant because of the appearance of the Concept and the disappearance of ‘indifference’. I argue against both these positions. First, I think that there is no textual support for the idea that ‘Mechanism’ begins without the Concept immanent to it. Second, I think that Kreines is mistaken to equate ‘indifference’ with explanatory irrelevance and the absence of the Concept. My approach in this paper is to give my own analysis of the relevant passages from ‘Mechanism’ and, in doing so, to both show the misgivings of Kreines's interpretation and to offer an alternative way of reading the chapter. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

When the NCAA adopted new rules allowing athletes to profit off their name, image, and likeness (NIL), few people took more interest than Reggie Bush who famously relinquished the Heisman trophy after being ruled retroactively ineligible for receiving "impermissible benefits." Bush has argued for his reinstatement and the "return" of his Heisman. In this paper, I argue that, while the NCAA never should have required players to be amateurs in the first place, Bush should not be reinstated or have the (...) Heisman "returned." Properly understood, Reggie Bush never won the Heisman Trophy in the first place, so "returning" it would be to rewrite history — almost literally, to move the goalposts. -/- Forthcoming in "College Sports and Ethics" by Lexington Books. (shrink)

Abstract: This paper traces a Kantian and pragmatist line of thinking that connects the ideas of conceptual content, object cognition, and modal constraints in the form of counterfactual sustaining causal laws. It is an idea that extends from Kant’s Critique of Pure Reason through C. I. Lewis’s Mind and the World-Order to the Kantian naturalism of Wilfrid Sellars and the analytic pragmatism of Robert Brandom. Kant put forward what I characterize as a modal conception of objectivity, which he developed as (...) an extended argument stretching from the transcendental deduction through the analogies of experience to the regulative maxims of reason and reflective judgment. In related ways in Lewis and Sellars, the very idea of an object of knowledge (and of intentionality more generally) is connected with a certain lawfulness or modal constraint the necessary representation of which, they argue, is an achievement of conceptualization. While Sellars agreed with the spirit of Lewis’s famous pragmatic conception of the a priori, Sellars’s conception of meaning and conceptual content differed in crucial ways with important consequences for this issue. I argue furthermore that a certain phenomenalist temptation threatens to spoil this insight both among some of Kant’s interpreters and in Lewis’s thought. Finally, I point out that Brandom’s “Kant-Sellars thesis” provides new support for this line of thought. Although questions concerning idealism continue to raise controversies for neo-Kantians and pragmatists, the line of thought itself represents a distinctive and still promising approach to questions concerning intentionality and conceptual content. (shrink)

This article challenges the prevailing interpretations of Hegel's account of the concept "contradiction" in the Science of Logic by arguing that it is concerned with the principle of Hegel's method rather than with the classical law of non-contradiction. I first consider Hegel's Doctrine of Essence in view of Kant's discussion of the concepts of reflection in the first Critique. On this basis, I examine Hegel's account of the logical principles based on the concepts "identity," "opposition," and "contradiction." Finally, I (...) point out how the principle Hegel derives from the concept of contradiction actually informs his own method. (shrink)

In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, broader (...) questions and observations are raised regarding Jewish tradition, fallibility, and modernity, and the interaction between Judaism and pragmatism in the history of ideas. (shrink)

According to Miranda Fricker, a hermeneutical injustice occurs when there is a deficit in our shared tools of social interpretation, such that marginalized social groups are at a disadvantage in making sense of their distinctive and important experiences. Critics have claimed that Fricker's account ignores or precludes a phenomenon I call hermeneutical dissent, where marginalized groups have produced their own interpretive tools for making sense of those experiences. I clarify the nature of hermeneutical injustice to make room for hermeneutical dissent, (...) clearing up the structure of the collective hermeneutical resource and the fundamental harm of hermeneutical injustice. I then provide a more nuanced account of the hermeneutical resources in play in instances of hermeneutical injustice, enabling six species of the injustice to be distinguished. Finally, I reflect on the corrective virtue of hermeneutical justice in light of hermeneutical dissent. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment of (...) an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

Kant's analysis of ordinary moral consciousness reveals that people believe they are bound by duty. Duty, in turn, Kant explains, "is the necessity of an action from respect for law." All inclination to the contrary, and even inclination toward duty is set aside, so that the only motivation is respect for law. The binding power of the law reflects not only a universal command but also a universal command of reason. After all, given that the realm of experience is, by (...) nature, contingent, no empirical fact can command as completely. Reason's command is an imperative: it is what must be done. When one does one's duty for its own sake, then one acts from respect for the moral law. (shrink)

Introduction Reza Davari Ardakni, the Iranian contemporary philosopher, distinguishes development from Western modernity; in that it considers modernity as natural and organic changes that Europe has gone through, but sees development as a planned design for implementing modernity in other countries. As a result, the closedness of development concerns only the developing countries, not Western modern ones. Davari emphasizes that the Western modernity has a universality that pertains to a unique reason and a unified world. The only way of thinking (...) in this world is a philosophical thought based on human self-centered reason, and given the pervasiveness of Western civilization. Therefore, Davari does not consider Westernization as mere imitation of Western customs and methods, but rather as a way of existence in the world. Westernization is a subjective view of the world and beings. Westernization is not optional, enabling non-Western people to avoid it. According to the Westernization scenario, the world today is entirely Westernized, and Davari considers Westernization as the inevitable fate of the people of this era, seeing two alternatives for them, both of which ultimately lead to the same destination, which is to embrace development; either they seize the power of science and technology and join the process of global modernization and participate in it, or they become subdued by this process and accept it without participation. Davari regards the first type of Westernization as active and the second type as passive. Problematique Therefore, underdevelopment is not a concept of the ancient world, nor even of a world between the ancient and the modern, or on the threshold of modernization. Underdevelopment is a condition of suspension and timelessness and being exposed to modernization. To escape the paradox of underdevelopment, which is the inevitable historical fate of non-modernized societies, Davari sees no way out other than embracing development. In other words, Westernized societies, which have become confused due to modernization, have no escape route other than turning to development. Therefore, some critics of Davari accuse the theory of Westernization of being a theoretical rupture. M. T. Tabatabaei, by rejecting the theoretical rupture in the theory of Westernization, believes that in the argument of Davari, we are only faced with a shift from a philosophical to an intellectual level. Tabatabaei, by avoiding providing a philosophical response to the critics of the theoretical rupture, believes that the introduction of active Westernization and collaboration in science and technology as a solution to escape from underdevelopment conditions, is only a shift from a philosophical level to an intellectual level and does not involve a rupture. Therefore, it seems that the philosophical issue of how or the possibility of escaping from underdevelopment conditions is still an open non answered problem. In this study, seeking a philosophical answer to this problem, an attempt has been made to summarize Davari's definitions of development, underdevelopment, participation in the world of science, and the role of humanities and social sciences in development, using his writings and speeches. It is proposed that a way to escape from the clesedness of development based on Davari's views, is to make use of analytical method with emphasizing on concepts and theories of the philosophy and metaphysics of science. Argument According to Davari, the social and human sciences that are responsible for development planning in underdeveloped societies must consider the characteristics of underdevelopment in order to facilitate the transition to more favorable conditions. Davari identifies the following conditions for successful development: 1) replacing tradition with science as the organizing and coordinating principle in society, 2) recognizing the universality of philosophy and science of the Western modernity and the impossibility of blindly imitation and adopting it, 3) inevitability of actively engaging and interacting with development, 4) recognizing the internal dynamics of scientific progress and avoiding authoritarian control, and 5) promoting free participation in the scientific paradigms. Therefore, Davari suggests the following steps towards development: 1) recognizing and understanding the problems of society and the local ecosystem, 2) understanding the philosophical and cultural foundations of Western civilization, 3) understanding the historical context and paradigms of science, 4) understanding the philosophical and metaphysical foundations of science, 5) recognizing the intellectual and philosophical capacities of our own community, and 6) reflecting our own philosophical and metaphysical assumptions in the scientific world in a way that is compatible with scientific methods. Given the motivations for change in science at both the global and national levels, including the emergence of heterodox or indigenous sciences, and the inevitable nature of development, Davari points to the possibility of a path between absolute rejecting or accepting the mainstream social and human sciences. However, this path is challenging and contingent upon the aforementioned conditions and steps of transition. Conclusion It is necessary to seek this path within the realm of the philosophy and metaphysics of science, particularly in the origins and foundations of the social and human sciences. Research in the metaphysics and philosophy of the social sciences provides the opportunity for active scientific engagement in the scientific paradigms and a reconsideration of the foundations of science, allowing for different philosophical foundations while are compatible with scientific methods. Successfully finding a path between absolute rejecting or accepting the existing social sciences will lead to an internal transformation within the field of science and, in fact, will advance the boundaries of knowledge. Therefore, it is possible, while adhering to the conditions of transition and actively participating in the world of science and technology, and accepting the unity of modernity and avoiding selectivity and imitation, to search for a way to overcome the closedness of development through a reconsideration of the philosophical and metaphysical foundations of science, while recognizing our own intellectual heritage and critically assessing Western science and technology. (shrink)

Santiago Ramón y Cajal, the primary architect of the neuron doctrine and the law of dynamic polarization, is considered to be the founder of modern neuroscience. At the same time, many philosophers, historians, and neuroscientists agree that modern neuroscience embodies a mechanistic perspective on the explanation of the nervous system. In this paper, I review the extant mechanistic interpretation of Cajal’s contribution to modern neuroscience. Then, I argue that the extant mechanistic interpretation fails to capture the explanatory import of Cajal’s (...) law of dynamic polarization. My claim is that the definitive formulation of Cajal’s law of dynamic polarization, despite its mechanistic inaccuracies, embodies a non-mechanistic pattern of reasoning (i.e., design explanation) that is an integral component of modern neuroscience. (shrink)

This article examines A.J. Heschel’s “Theology of pathos” in light of the critique Eliezer Berkovits raised against it. Heschel’s theology of pathos is the notion of God as the “most moved mover”, who cares deeply for humans, and thus highly influencing their prophetic motivation for human-social improvement. Berkovits, expressing the negative-transcendent theology of Maimonides, assessed that Heschel’s theology of pathos is not systematic, is anthropomorphic, and reflects a foreign Christian influence. However, when checking Berkovits’s own views as a thinker, it (...) turns out that he formulated some immanent theological notions that were overlapping those of Heschel, for example in attributing God the personal trait of caring. Surprisingly, most Heschel’s scholars did not consider this point. This riddle addressed here in two ways: (1) Psychological and Social, on which I understand Berkovits’s critique as a way of coping with his own religious perplexities, and in a wider sense, it is asserted that trans-denominational critique may be a discursive opportunity for mutual corrigibility. (2) Theological, since Heschel and Berkovits indeed faced a similar theological challenge, of rejecting any description of God as anthropomorphism. I thus offer a constructive theological argument for providing a justification to the immanent theologies of both Heschel and Berkovits. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the same role as (...) the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

This chapter discusses cryptocurrency, distributed ledger technology and blockchain tokens within the context of technological innovation, the history of money and accounting practices, and their multiple functionalities beyond those of standard currencies. This discussion is motivated by the design of cryptocurrencies for specific community needs, and to reflect anti-rival, positive sum value.

The publication of Guido Calabresi’s book “The Future of Law and Economics” has drawn a substantial amount of attention among law and economics scholars. We thought that the best way to devote special attention to this book was to devote a Special issue to it. This article situates Calabresi’s book among other reflections on the future of the discipline, introduces and explains the reasons behind this Special issue and discuss the organization and content of it. -/- We emphasize how Calabresi’s (...) historical-conceptual standpoint allows him to isolate the stakes of different future developments around the question of how could further appreciation of legal institutions that defy the standard economic assumptions help the field develop theoretically. Overall, the contributors all shared Calabresi’s attempt to restore the balance between Law and Economics and the need to better account for the “whole unanalysed experience of human race”, often neglected by the Economic Analysis of Law approach. Most disagreements are about the ‘how’. In any case, the search for the Law and Economics ‘not (yet) taken’ or for other “Law and … ” approaches is always open to the Future. (shrink)

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...) termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of perpetual (...) physical and financial insecurity. (shrink)

Summary measures of health, such as the quality-adjusted life year and disability-adjusted life year, have long been known to incorporate a number of value choices. In this paper, though, I show that the value choices in the construction of such measures extend far beyond what is generally recognized. In showing this, I hope both to improve the understanding of those measures by epidemiologists, health economists and policy-makers, and also to contribute to the general debate about the extent to which such (...) measures should be adjusted to reflect ethical values. (shrink)

I offer two potential diagnoses of the behavioral norms governing post‐truth politics by comparing the view of language, communication, and truth‐telling put forward by David Lewis (extended by game theorists), and John Searle. My first goal is to specify the different ways in which Lewis, and game theorists more generally, in contrast to Searle (in the company of Paul Grice and Jurgen Habermas), go about explaining the normativity of truthfulness within a linguistic community. The main difference is that for Lewis (...) and game theorists, “truthful” signaling follows from an align- ment of interests, and deception follows from mixed motives leading to the calculation that sending false information is better for oneself. Following in the Enlightenment tradition, Searle argues that practical reasoning, which involves mastery of at least one language, requires that actors intend to communicate. This intention includes constraining the content of statements to uphold veracity conditions. After distinguishing between these two accounts, I will artic- ulate the implications for explaining, and even informing actions, constitutive of post‐truth politics. I argue that the strategic view of communication is suffi- cient neither to model everyday conversation nor to reflect a public sphere useful for democratic govern- ment. Both the pedagogy of strategic communication as cheap talk, and its concordance with new digital information technologies, challenge norms of truthful- ness that underlie modern institutions essential to an effective public sphere. (shrink)

While calls to integrate ethics into computer science education go back decades, recent high-profile ethical failures related to computing technology by large technology companies, governments, and academic institutions have accelerated the adoption of computer ethics education at all levels of instruction. Discussions of how to integrate ethics into existing computer science programmes often focus on the structure of the intervention—embedded modules or dedicated courses, humanists or computer scientists as ethics instructors—or on the specific content to be included—lists of case studies (...) and essential topics to cover. While proponents of computer ethics education often emphasize the importance of closely connecting ethical and technical content in these initiatives, most do not reflect in depth on the variety of ways in which the disciplines can be combined. In this paper, I deploy a framework from cross- disciplinary studies that categorizes academic projects that work across disciplines as multidisciplinary, interdisciplinary, or transdisciplinary, depending on the degree of integration. When applied to computer ethics education, this framework is orthogonal to the structure and content of the initiative, as I illustrate using examples of dedicated ethics courses and embedded modules. It therefore highlights additional features of cross-disciplinary teaching that need to be considered when planning a computer ethics programme. I argue that computer ethics education should aim to be at least interdisciplinary—multidisciplinary initiatives are less aligned with the pedagogical aims of computer ethics—and that computer ethics educators should experiment with fully transdisciplinary education that could transform computer science as a whole for the better. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. However, once this has (...) been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

The study aimed to identify the reality of the use of social networks in the technical colleges in Palestine, where the variables of social networks were included. The analytical descriptive method was used in the study. A questionnaire consisting of (12) items was randomly distributed to college workers Technology in the Gaza Strip. The sample of the study consisted of (205) employees of these colleges. The response rate was 74.5%. The results showed a high degree of approval for the dimensions (...) of the social networks and a relative weight (74.15%) according to the perspective of the employees of the technical colleges in the Gaza Strip. The results of the study showed that there is a high level of social networking areas (site management and Website Content) in the technical colleges in the Gaza Strip. The field of site management ranked first with a relative weight of 74.91%, and second and last (Content Site) with a relative weight (73.38%). The results showed that there were differences between colleges in the use of social networks where the results showed that the most common colleges used these networks (UCAS) and the least used is (GTC). The results showed no differences between male and female employees in the use of social networks in technical colleges. The researchers suggest a number of recommendations, including: the need to raise awareness of the importance of Facebook and other social networking sites, through the holding of courses for employees in technical colleges, and to identify the ways to optimize the use of such sites, and the benefits of this use, and reflected positively on technical colleges. And the adoption of dealing with the various social networking sites as a reality, and the Palestinian and Arab technical colleges, use them in accordance with the objectives of technical colleges. Advise the Department of Technical Colleges to devote time to their presence on social networks to follow the public and respond to their queries. There is a need for the attention of decision-makers in technical colleges in social sites, because they are considered an important and effective means of communication, and the link between beneficiaries and decision-makers. There is a need to promote the use of modern electronic means of work and the need to increase the link of customers to the college through electronic services. (shrink)

In this chapter, I argue that it is impossible to trust the Big Tech companies, in an ethically important sense of trust. The argument is not that these companies are untrustworthy. Rather, I argue that the power to hold the trustee accountable is a necessary component of this sense of trust, and, because these companies are so powerful, they are immune to our attempts, as individuals or nation-states, to hold them to account. It is, therefore, literally impossible to trust Big (...) Tech. After introducing the accounts of trust and power that I deploy, I argue that Big Tech companies have four kinds of power that render them unaccountable: fiscal power, political power, data power, and cognitive power. I conclude by reflecting on recent calls to break up the Big Tech firms, suggesting a new antitrust test in the light of my arguments. (shrink)

“Probably Peirce’s best-known works are the first two articles in a series of six that originally were collectively entitled Illustrations of the Logic of Science and published in Popular Science Monthly from November 1877 through August 1878. The first is entitled ‘The Fixation of Belief’ and the second is entitled ‘How to Make Our Ideas Clear.’ In the first of these papers Peirce defended, in a manner consistent with not accepting naive realism, the superiority of the scientific method over other (...) methods of overcoming doubt and ‘fixing belief.’” — Robert Burch, “Charles Sanders Peirce,” entry in the Stanford Encyclopedia of Philosophy (2021 revision) -/- “Pragmatist epistemologies often explore how we can carry out inquiries in a self-controlled and fruitful way. (Where much analytic epistemology centres around the concept of knowledge, considered as an idealised end-point of human thought, pragmatist epistemology centres around the concept of inquiry, considered as the process of knowledge-seeking and how we can improve it.) So pragmatists often provide rich accounts of the capacities or virtues that we must possess in order to inquire well, and the rules or guiding principles that we should adopt. A canonical account is Peirce’s classic early paper ‘The Fixation of Belief‘. Here Peirce states that inquiry is a struggle to replace doubt with “settled belief“, and that the only method of inquiry that can make sense of the fact that at least some of us are disturbed by inconsistent beliefs, and will subsequently reflect upon which methods of fixing belief are correct is the Method of Science, which draws on the Pragmatic Maxim described above. This contrasts with three other methods of fixing belief: i) refusing to consider evidence contrary to one’s favored beliefs (the Method of Tenacity), ii) accepting an institution’s dictates (the Method of Authority), iii) developing the most rationally coherent or elegant-seeming belief-set (the A Priori Method).“ — Catherine Legg, “Pragmatism,” entry in the Stanford Encyclopedia of Philosophy (2021 revision). (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

Many economic measures are structured to reflect ethical values. I describe three attitudes towards this: maximalism, according to which we should aim to build all relevant values into measures; minimalism, according to which we should aim to keep values out of measures; and an intermediate view. I argue the intermediate view is likely correct, but existing versions are inadequate. In particular, economists have strong reason to structure measures to reflect fixed, as opposed to user-assessable, values. This implies that, despite disagreement (...) about precisely how to do so, economists should standardly adjust QALYs and DALYs to reflect egalitarian values. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. 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Abstract: As the integration of Artificial Intelligence (AI) continues to permeate various sectors, the legal domain stands on the cusp of a transformative era. This research paper delves into the multifaceted relationship between AI and the law, scrutinizing the profound implications and innovative applications that emerge at the intersection of these two realms. The study commences with an examination of the current landscape, assessing the challenges and opportunities that AI presents within legal frameworks. With an emphasis on efficiency, accuracy, and (...) accessibility, AI technologies are reshaping traditional legal processes, ranging from document analysis and contract review to predictive legal analytics. Furthermore, the paper scrutinizes the ethical considerations and potential biases inherent in AI algorithms, exploring the delicate balance between technological advancements and the preservation of legal principles such as fairness, accountability, and transparency. The research also delves into the evolving role of legal professionals in navigating and overseeing AI applications, emphasizing the importance of responsible AI deployment. Drawing on case studies and real-world examples, this paper showcases instances where AI has already demonstrated its efficacy in legal contexts, highlighting successful implementations and identifying areas for improvement. The discussion extends to the evolving regulatory landscape, as legal systems grapple with the need to adapt and establish frameworks that ensure the responsible and ethical use of AI technologies. In conclusion, this research contributes to the growing discourse on the dynamic interplay between AI and the legal domain. By illuminating the potential benefits, ethical considerations, and regulatory challenges, it provides a comprehensive overview for legal practitioners, policymakers, and technologists alike, fostering a nuanced understanding of the evolving landscape where artificial intelligence intersects with the law. (shrink)

The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.

Abstract Philosophical discussion of Alan Turing’s writings on intelligence has mostly revolved around a single point made in a paper published in the journal Mind in 1950. This is unfortunate, for Turing’s reflections on machine (artificial) intelligence, human intelligence, and the relation between them were more extensive and sophisticated. They are seen to be extremely well-considered and sound in retrospect. Recently, IBM developed a question-answering computer (Watson) that could compete against humans on the game show Jeopardy! There are hopes it (...) can be adapted to other contexts besides that game show, in the role of a collaborator of, rather than a competitor to, humans. Another, different, research project --- an artificial intelligence program put into operation in 2010 --- is the machine learning program NELL (Never Ending Language Learning), which continuously ‘learns’ by ‘reading’ massive amounts of material on millions of web pages. Both of these recent endeavors in artificial intelligence rely to some extent on the integration of human guidance and feedback at various points in the machine’s learning process. In this paper, I examine Turing’s remarks on the development of intelligence used in various kinds of search, in light of the experience gained to date on these projects. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between law (...) and theology in his thought, but also the importance of natural law to early modern legal thought. (shrink)