If the transcendence tree to which our world belongs has a root, and that root is a mind, then what can be known about that mind? It seems there are two sources of knowledge, theology (that mind may have revealed itself to us) and philosophy (we may be able to reason about it from first principles). Here we shall look into that latter aspect.

This contribution aims to explore the historical predecessors of the Five Percenter model of self-realization, as popularized by Hip Hop artists such as Supreme Team, Rakim Allah, Brand Nubian, Wu-Tang Clan, or Sunz of Man. As compared to frequent considerations of the phenomenon as a creative mythological background for a socio-political struggle, Five Percenter teachings shall be discussed as contemporary interpretations of historical models of self-realization in various philosophical, religious, and esoteric systems. By putting the coded system of the (...) tenfold Supreme Mathematics as one of its core teachings in context with the Pythagorean Tetractys, an arrangement of ten points in four lines, the commonalities between the sequence and concepts attributed to the respective numbers will be demonstrated. (shrink)

Logical limits of omnipotence, the problem of evil, and a compelling cosmological argument suggest the position of supreme providence and the foremost creation out of nothing that coheres with the constraints of physics. The Supreme Being possesses everlasting love, perception, and force while governing the universe of probabilistic processes and freewill creatures. For example, the Supreme Being intervenes in the processes of creation by the means of synergism with freewill creatures and cannot meticulously control the (...) created universe. (shrink)

This paper develops and defends a new way for pacifists to deal with the problem of supreme emergency. In it I argue that a supreme emergency in which some disaster can only be prevented by modern war is a morally tragic situation. This means that a leader faced with a supreme emergency acts unjustifiably in both allowing something terrible to occur, as well as in waging war to prevent it. I also argue that we may have cause (...) to excuse from wrongdoing the agents who must choose an unjustified action in a supreme emergency. (shrink)

Terrorist violence is often condemned for targeting innocents or non-combatants. There are two objections to this line of argument. First, one may doubt that terrorism is necessarily directed against innocents or non-combatants. However, I will focus on the second objection, according to which there may be exceptions from the prohibition against killing the innocent. In my article I will elaborate whether lethal terrorism against innocents can be justified in a supreme emergency. Starting from a critique of Michael Walzer’s account (...) of supreme emergency, I will argue that the supreme emergency exemption justifies the resort to terrorism against innocents to avert moral disasters such as genocide and ethnic cleansing, provided that the criteria of last resort, proportionality and public declaration are satisfied. (shrink)

This paper begins to examine different interpretations of causa sui as the key notion used by Strawson to argue for the impossibility of ultimate moral responsibility. Descartes’ and Spinoza’s interpretations are representative in understanding the notion of causa sui. Strawson is, I think, on the side of Descartes. If causa sui can be interpreted differently from the way in which Strawson did, the idea of moral responsibility would change. I shall here examine Spinoza’s notion of causa sui, which is an (...) alternative approach to Strawson’s, for leading to the possibility of moral responsibility. The Chinese concept of the Supreme Polarity (taiji) can be interpreted as a foundation of self-determination when philosophically comparing it with Spinoza’s idea of causa sui, which means an immanent and efficient cause. In the Chinese context, the ontological account of an agent explains how and why persons actively participate in the ordering of the world in the Confucian way of life. Based upon this, I will attempt to examine the idea of moral responsibility with the notion of taking responsibility for oneself or, as I will call it, “selfassignment”, and consider how the role a person plays might contribute to understanding the relationship between free will and moral responsibility. In other words, the ontological claim that the unitary principle of Heaven-andEarth is innately immanent in each person seems to endorse the possibility of ultimate responsibility even though the teleological commitment to making the world better implies the absence of free will. This is one of the alternative ways that we can take moral responsibility without free will. (shrink)

Consciousness has appeared as a term and a problem in modern science. Most scientists believe that it can be accommodated and explained by existing scientific principles. But I say it cannot, that it points beyond present day science to a whole new view of the Universe, in which Consciousness, and not matter, or matter/energy, is the true basis of the Universe. Consciousness is for modern science exactly what Light was for classical physics, all of our concepts for Reality must change. (...) And I go on to lay out my arguments for this new principle Consciousness, and what it real means, for our ideas about the Universe, the Earth, Ourselves and Spirit. In a nutshell, the hard problem of Consciousness the mind/body problem and the near-death experience are so hard they cannot be explained by any present day scientific principles and therefore call all of modern science into question. My arguments are up on PhilPapers and on the Galileo Commission's website. What I now want to do is work out the implications of Consciousness as the basic new principle, for how we deal with monumental issues now facing us in these times. Here are a series of articles about my themes. (shrink)

Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should comply with (...) some principles, such as transparency and complete auditability. Nevertheless, these principles are neglected by random procedures in some judicial systems, which are performed in secrecy and are not auditable by the involved parties. The assignment of cases in the Brazilian Supreme Court is an example of such a procedure, for it is performed using procedures unknown to the parties involved in the judicial cases. This article presents a review of how sortition has been historically employed by societies and discusses how Mathematical Statistics may be applied to random procedures of the judicial system, as it has been applied for almost a century on clinical trials, for example. A statistical model for assessing randomness in case assignment is proposed and applied to the Brazilian Supreme Court. As final remarks, guidelines for the development of good randomization procedures are outlined. (shrink)

Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government was dispelled, (...) and people arose as a main class or pillar of nation. As we take a precept of chaotic years from the Articles of Confederation thorough the Constitution, the earlier ambition was mixed between the diplomatic unity and one strong national government. This context implicates much over the centuries and can also be illustrated with a residue of classic and present practice of international politics. The characteristics as temporal for the years would more properly be sensible with the kinds of description, for example, “atmosphere of war, interstate comity or discredit, chaos from the heterogeneous regional power and social incongruence nationally.” A threat from the mainland Europe had been constant at considerable period of time upon the independence. For the nation, it is more urgent to make it clear who will decide the will of nation, how to effectively consolidate the function of government, or how to manage the least of nation with the subjects than active interaction with the people, although the people are one distinct element of new Constitution and ideologically pronounced in the preamble of Constitution. This generally led to recognition that the role of Constitution and Supreme Court were minimal in terms of public policy making and that their policy contained in the opinion often is sheer of internal issues among the public power other than those of people. The kind of Kantian ambition for the universal justice on liberty and equality, hence, should wait for more prosperous time afterwards that people tend to be conscious of their basic rights or public good from the arbitrary rule of majority, given our concocted recognition from the kind of public policy ideals from Bentham, “the greatest happiness of greatest number,” and “revolutionary spirit on people.” It perhaps would not be irrelevant, in understanding of the impact of judicial rulings on public policy, that the US is other than unitary system of government. Oftentimes the kind of rulings on criminalization of adultery or right to privacy would surprise the people, but the kind of oxymoron or public debate, as likely persistent over the decades and diverse reaction, would normally not be present in the jurisdictions of unitary system. The people of such jurisdictions would be more than receptive, and be readily marshaled to adapt with the public guidelines elucidated by the court ruling. We also chat on the multiculturalism in the society and workplace. Given the judicial activism, the Supreme Court justices might be clairvoyant, who would be equipped with goodwill, wisdom and almighty intelligence to assuage an untreatable scope of interests and state specificities. Foreign lawyers would find such ample source of laws in surprise, who might envy a wide coverage of judicial interests. They perhaps would take the US context as the kind of insightful classroom and learn the lessons from their case laws. (shrink)

The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. Then, a (...) critical analysis about the ruling and a decision concerning the existence of a true justification will be developed. Finally, we will discuss the appropriateness of the Court’s decision in Muiña´s case as opposed to the decision made in “Batalla´s case”, in which a less beneficial law was applied retroactively. (shrink)

Ācārya Pūjyapāda’s (circa 5th century CE) Samādhitantram is a spiritual work consisting of 105 verses outlining the path to liberation for the inspired soul. Living beings have three kinds of soul – the extroverted-soul (bahirātmā), the introverted-soul (antarātmā), and the pure-soul (paramātmā). The one who mistakes the body and the like for the soul is the extroverted-soul (bahirātmā). The extroverted-soul spends his entire life in delusion and suffers throughout. The one who entertains no delusion about psychic dispositions – imperfections like (...) attachment and aversion, and soul-nature – is the introverted-soul (antarātmā). The knowledgeable introverted-soul disconnects the body, including the senses, from the soul. The one who is utterly pure and rid of all karmic dirt is the pure-soul (paramātmā). Samādhitantram expounds the method of realizing the pure-soul, the light of supreme knowledge, and infinite bliss. Realization of the pure-soul is contingent upon discriminatory knowledge of the soul and the non-soul, and meditating incessantly on the pure-soul, rejecting everything that is non-soul. Samādhitantram answers the vexed question, ‘Who am I?’ in forceful and outrightly logical manner, in plain words. No one, the ascetic or the householder, can afford not to realize the Truth contained in the treatise, comprehend it through and through, and change his conduct accordingly. (shrink)

In this essay, I offer a critical analysis of one of the most provocative aspects of Heidegger’s unfinished confrontation with Aristotle’s thinking. Over the course of his lifelong engagement with Aristotle’s texts, Heidegger rarely failed to notice the constitutive ambiguity of the ancient Greek philosopher’s position within the history of being. On the one hand, Aristotle appeared to be the founder of the Western metaphysical tradition of ontotheology, whereby God was understood as the supreme principle and being (...) of all beings. But on the other hand, there were traces or echoes of a more originary thinking in Aristotle’s texts that, according to Heidegger, could be developed for the sake of another beginning. In this essay, I draw on this constitutive ambiguity by focusing on Heidegger’s partial translation of Metaphysics Λ 6, where Aristotle most explicitly discusses the being (οὐσία) of the unmoved being. Using Heidegger’s translation as an aid, I argue that Aristotle’s account of the unmoved being in Metaphysics Λ 6 is perhaps best understood as of- fering an enigmatic description of the origin of movement and time as an act of pure temporalizing (reine Zeitigung), which is how Heidegger translates the notion of ἐνέργεια. In the conclusion of this essay, I suggest that the temporal account of being and time as pure temporalizing offers a possible way to reappropriate Aristotle’s thinking in a phenomenological context. (shrink)

My paper examines the problem of evil in its logical form, and along lines of African philosophizing. I construe the problematic nature of this problem [of evil] (hereafter, λ) as arising from a Western logical structure, which takes the valuation of propositions as being marked by a rigid bivalence of only truth (T) and falsity (F). By this structure, values and propositions are diametrically pitted against each other such that it appears that choice is only restrained to an ‘either’, (...) ‘or’. My argument transcends and dismantles this bivalence and subscribes to the African system of Ezumezu logic, developed by Jonathan Okeke Chimakonam which permits the pursuit of a trivalent logical course of ‘either’, ‘or’, in addition to ‘and’. Employing the logical system of Ezumezu, I demonstrate a negative resolution to λ, showing via the ‘principle of value-complementarity’, that good and evil as observed and experienced, are not opposites, but rather complements. The conclusions I draw from my analysis bear some implication for the conception of the Supreme Being; for one, I argue that conceiving the Supreme Being in African philosophy through the categories of the superlative ‘omni’ properties is mistaken , and also, I argue that this Supreme Being is better conceived as a harmony of good and evil: an embodiment of balance. (shrink)

The target of our paper is to articulate the grounds that legitimize the foundation of an African Traditional Religion as a distinct religious enterprise with its own philosophical fundamentals as well as its own tenets and framework. In this paper, we engage the relevant concepts that are crucial to the success to any paper that attempts to demonstrate the reality of African Traditional Religion (henceforth, ATR): specifically, we will engage the questions of the existence of a Supreme Being, (...) the problem of evil, and the structure of a properly ATR theodicy. (shrink)

The premises for the work herein originally unfolded in the early 1990’s as a personal quest to procure an elucidation capable of satisfactorily reconciling humanity’s intuitive faith in a Supreme Being’s existence, with the scientific cognizance acknowledging the reality of all singular entities that exist in the Universe. At some point, it was deemed essential to construe its analysis in accordance to those theological concepts that could be recognized to substantiate the divine nature ascribed to intrinsically delineate the (...) existence of a Supreme Being which could, in turn, be additionally recognized to correlate to those scientific concepts established to substantiate the universal nature ascribed to intrinsically delineate the existence of all singular entities in the Universe. It was furthermore determined that along the search for God’s footprints in the Universe one should reach for the profundity of wisdom, as the insightful understanding of those ‘ulterior truths’ capable of coherently sustaining their analogous existence. This, in spite of being aware that the absoluteness inferred by discernments of wisdom has been precisely the reason why the scientific community has relentlessly eluded to validate wisdom as a reliable source for the attainment of true knowledge. Hence, true knowledge has been persistently subjected to be solely dependent on established scientific concepts accrued by empirical experience. Nevertheless, humankind has invariably continued to intuitively search for those ‘ulterior truths’ that could possibly sustain the existence of a Supreme Being. Whereby, human beings consistently have throughout time, attested to the sustenance of the invaluable enlightenment of wisdom. “Windows to Wisdom” is a testament of faith and logic that induces the intellect to pry open all windows of intuition, perception and ratiocination for a glimpse of wisdom to the knowledge and understanding of God’s magnificently divine existence. (shrink)

These essays are about education, learning, rational inquiry, philosophy, science studies, problem solving, academic inquiry, global problems, wisdom and, above all, the urgent need for an academic revolution. Despite this range and diversity of topics, there is a common underlying theme. Education ought to be devoted, much more than it is, to the exploration real-life, open problems; it ought not to be restricted to learning up solutions to already solved problems - especially if nothing is said about the problems that (...) provoked the solutions in the first place. There should be much more emphasis on learning how to engage in cooperatively rational exploration of problems: even five year olds could begin to learn how to do this. A central task of philosophy ought to be to keep alive awareness of our unsolved fundamental problems - especially our most fundamental problem of all, encompassing all others: How can our human world - and the world of sentient life more generally - imbued with the experiential, consciousness, free will, meaning and value, exist and best flourish embedded as it is in the physical universe? This is both our fundamental intellectual problem and our fundamental problem of living. As far as the latter is concerned, we are at present heading towards disaster - as our immense, unsolved global problems tell us: population growth, destruction of natural habitats and rapid extinction of species, vast inequalities of wealth and power around the world, pollution of earth, sea and air, our proclivity for war, and above all global warming. If we are to resolve our conflicts and global problems more intelligently, effectively and humanely than we have managed to do so far, then we have to learn how to do it. That, in turn, requires that our institutions of learning, our universities and schools, are rationally designed and devoted to the task. At present they are not. That is the crisis behind all the others. From the past we have inherited the idea that the basic intellectual aim of inquiry ought to be to acquire knowledge. First, knowledge is to be acquired; then, secondarily, it can be applied to help solve social problems. But this is dangerously and damagingly irrational, and it is this irrationality that is, in part, responsible for the genesis of our current global problems, and our current incapacity to solve them. As a matter of supreme urgency, we need to transform academia so that it becomes rationally devoted to helping humanity learn how to make progress towards as good and wise a world as possible. This would involve putting problems of living - including global problems - at the heart of academia, problems of knowledge and technological know-how emerging out of, and feeding back into, the central task to help people tackle problems of living in increasingly cooperatively rational ways. Almost every department and aspect of academia needs to change. We need a new kind of academic inquiry devoted, not just to knowledge, but rather to wisdom - wisdom being the capacity to realize what is of value in life for oneself and others, wisdom including knowledge and technological know-how, but much else besides. So, this is what these essays seek to provoke: a concerted effort to transform our institutions of learning so that they become rationally and effectively devoted to helping us learn how to create a wiser world. With these essays before me, I can see that there is one crucial element of learning about which they say nothing - or nothing explicit. The vital role of play in learning. All mammals - or at any rate almost all mammals - learn by means of play. Cats, tigers, foxes and other predators learn to hunt by means of endless mock fights when kittens and cubs. Deer, sheep and antelope learn to escape by means of playful leaps and bounds when young. We are mammals too. Almost certainly, we learnt how to be adult human beings by means of play during the millions of years we evolved into homo sapiens living in hunting and gathering tribes. Children today, out of school, learn by means of play. Learning by means of play is almost certainly fundamental to our makeup. Education needs to exploit it. Schools and universities need to become places of play. Successful problem solving is often likely to be playful in character. The youthful Einstein called doing physics "getting up to mischief". But our most serious problems of living are so grim, so imbued with suffering, wasted lives and unnecessary death that the idea of approaching them in a playful spirit seems sacrilegious. We need to keep alive tackling of intellectual problems so that playful capacities can be exercised - if for no other reason (and other reasons there are, of course, aplenty). There are two really worthy impulses behind all rational inquiry: delight and compassion. (shrink)

Many theists conceive of God as a perfect being, i.e., as that than which none greater is metaphysically possible. On this grand view of God, it seems plausible to think that such a supreme and maximally great being would not be subject to luck of any sort. Given the divine perfections, God is completely insulated from luck. However, I argue that the opposite is true: precisely because God is perfect, he is subject to a kind of luck (...) called constitutive luck. In this paper, first I provide an analysis of luck and then explain the concept of constitutive luck. I proceed to defend constitutive luck from charges of incoherence and examine a different approach to make sense of this luck. Furthermore, I distinguish between two kinds of constitutive luck and argue that even if God isn’t subject to one kind, evading the second kind is unsuccessful. I offer two ways that God is constitutively lucky and reach a surprising conclusion: a perfect being is the luckiest of all possible beings. (shrink)

The worldview of theism proposes an ultimate and global explanation of existence itself. What could such “theological explanation” possibly amount to? I shall consider what is unsatisfactory about a widely accepted answer–namely that existence­ is to be explained as produced and sustained by a supernatural personal agent of unsurpassably great power and goodness. I will suggest an alternative way in which existence could be open to a genuinely ultimate explanation, namely in terms of its being inherently directed upon a (...) supremely good end or telos and existing just because that telos is concretely realized. On this “euteleological” view, theological explanation, though it may need to be compatible with our best scientific theoretical explanations, operates in a clearly distinct explanatory dimension. (shrink)

Acarya Samantabhadra’s Svayambhustotra (2nd century CE) is a fine composition in Sanskrit dedicated to the adoration of the Twenty-four Tîrthankara, the Most Worshipful Supreme Beings. Acarya Samantabhadra was one of the most impelling proponents of the Jaina doctrine of anekantavada, a philosophical system which maintains that reality has multifarious aspects and that a complete apprehension of it must necessarily take into account all these aspects. Non-appreciation of this jewel of Jainism has caused the other philosophical systems fall into the (...) trap of one-sided, incomplete, and unsustainable dogmas that fail to explain the Truth. Through its 143 verses Svayambhustotra not only enriches reader’s devotion, knowledge, and conduct but also frees his mind from blind faith and superstitions. Rid of ignorance and established firmly in right faith, the reader’s mind experiences ineffable tranquility and equanimity. As proclaimed by Acarya 108 Vidyanand Muni, Svayambhustotra is an essential reading for all – ascetics and laymen. (shrink)

This paper aims at examining the issue of the role of supreme being theology in non-Abrahamic traditions. According to the dominant view in contemporary philosophy of religion, the philo-sophical project of inferring divine properties from the concept of God as a maximally perfect being, usually called supreme being theology, is an exclusivity of the Abrahamic traditions. In attempting to question this view, I investigate the developments of two key-concepts of Vedāntatradition –the concepts of Brahman (literally, (...) the greatest) and Bhagavān (literally, the possessor of all excellences) –in thethought of three famous vedantins: Śaṅkara, Rāmānuja and Jīva. (shrink)

Bhakti Saṃgraha or ‘Collection of Devotions’ composed by Ācārya Pūjyapāda (alias Ācārya Devanandī; circa 5th century CE) comprises a set of devotions (bhakti) in form of chaste and melodious Sanskrit hymns. Incidentally, the Most Worshipful Ācārya Kundakunda (circa 1st century BCE) had earlier composed his ‘Daśa Bhakti’ in Prākrit. The reading of devotions (bhakti) is essential to tread the difficult path to liberation. This great work by Ācārya Pūjyapāda is an essential reading for the ascetic (sādhu, muni) as well as (...) the householder (śrāvaka). It not only helps the soul acquire merit (puņya) but, more importantly, saves it from engaging in evil tendencies and pursuits. The devotions pertain, among others, to Lord Jina, the Supreme Beings, the Scripture, the Perfect Conduct, the sacred adobes of attainment of liberation of the Arhanta, and the Nandīśvara dvīpa. This collection includes ‘Śāntyaştaka’ (hymn in praise of the sixteenth Tīrthańkara, Lord Śāntinātha). (shrink)

In “On Oppy’s Objections to the Modal Perfection Argument,” Philo 8, 2, 2005, 123–30, Robert Maydole argues that his modal perfection argument—set out in his “The Modal Perfection Argument for a Supreme Being,” Philo 6, 2, 2003, 299–313—“remains arguably sound” in the face of the criticisms that I made of this argument in my “Maydole’s 2QS5 Argument,” Philo 7, 2, 2004, 203–11. I reply that Maydole is wrong: his argument is fatally flawed, and his attempts to avoid the (...) criticisms that I have made of his argument are to no avail. (shrink)

This paper is a reply to Robert Maydole’s “The Modal Perfection Argument for the Existence of a Supreme Being,” published in Philo 6, 2, 2003. I argue that Maydole’s Modal Perfection Argument fails, and that there is no evident way in which it can be repaired.

Beyond its captivating narratives and stunning visuals, Japanese anime offers audiences worldwide a unique window into Japan’s rich history, culture, philosophy and values. Within this vast and diverse universe, there exists a recurring and multifaceted thematic exploration — theodicy and the philosophy of ‘evil’. This study aims to comprehensively deconstruct and examine the portrayal of ‘evil’ in Japanese anime emphasizing its substantial relevance within the broader discourse of Japan's soft power. Characters’ behaviors, actions, curses, lability, suffering, natural disasters, wars, natural (...) humanity, monsters are presented in a way that prompts viewers to question the true nature of evil, if there is any. Fundamental to this study is the notion that 'evil' in anime is not an absolute, fixed concept, but rather an ephemeral perspective. Moreover, sometimes anime delves into the unconventional portrayal of the supreme beings as evil, challenging traditional dichotomies of g(o)od and (d)evil, which from a certain reality-level do not exist anymore. In anime, the only things that exist are will and power, the way that they are used being a matter of perspective. What is the systematic cycle of evil in anime and how will it affect the next generation’s mentality? (shrink)

Originally published in 1996, this book presents and analyses children’s reasonings about fundamental metaphysical problems. The first part describes dialogues with children that were constructed on the basis of Descartes’ _Mediations on First Philosophy_ and which look at children’s ideas about the relationships between true and false knowledge, mental images and physical objects, mind and body, personal existence and the external world, dreams and reality, and the existence of the Supreme Being, among others. The second part of the (...) book draws on concepts that children of various ages have about psychological and metapsychological aspects of human reality such as: cognitive and moral development; personal freedom and responsibility; the relationships between conscious and unconscious; living and non-living; and about the fundamental drives of an individual for development and expansion of his or her needs and passions, for eternal life, and for the dreamlike world of fulfilled wishes. The book presents a systematic empirical and theoretical study of the problems, some of which were touched on in Piaget’s early writing but which he later abandoned and which were only sporadically illuminated by other authors, whereas others were completely new to research in developmental psychology at the time. It will still be a helpful guide for developmental psychologists, teachers, educationalists, social workers, lawyers, and other professionals interested in the knowledge that 4- to 14-year-old children have about the most fundamental aspects of reality and human beings. (shrink)

A shrine is a building or place that is hallowed, venerated or deeply respected. It is generally associated with divinities or deities where sacrifices or offerings are made to them. Their devotees often meet there, interact with each other and consult with the priests of the divinities. There is an element of mystery and awe associated with every shrine. Non devotees have little or no business at a shrine, while the devotees themselves have to be very careful and observe various (...) laws while a shrine. Shrines are common in Calabar, and its environs in Nigeria. There is virtually none, dedicated to the Supreme Being, rather they are dedicated to local, deities and secret cults, where a lot of social activities are performed. One of such cult is the Ekpe society shrine which has both social and religious aspects and implications. This paper examines the social significance and implications of the Ekpe shrines in Calabar, and suggests ways in which they could be utilized for the benefit of the community today. (shrink)

This work is a search for the basis of intersubjectivity in the African worldview conceptualized in Igwebuike philosophy. This piece found the basis of intersubjectivity of the African reality in Chi, which carries a variety of meanings among the Igbo - Afri can people. However, the nuance of Chi that is employed here is that which understands it as the divinity in every human person or the spark of the divine in created things. It understands Chi as the thumb print (...) or mark of Chukwu in each and every one of u s that places the other in a special place in relation to the self. This piece revealed that although Chi is a religious reality, it is conservative of the social institutions of the Igbo - African people. If I and the other have the thumb print of the same Chukwu, the spark of the Supreme Being, it then means that we relate in a special way that goes deeper than our individualities. This work, therefore, argued that our rootedness in Chukwu through Chi is what makes the other a part of me. To treat the other in a way that is undeserving of the divine mark in him or her not only affects the person(s), but the ontological structure to which I also belong and, thus, myself. The importance of Chi in this study is that the belief in Chi is as universal to the Igbo - speaking people as the belief in Chukwu, and it is a fundamental and outstanding characteristic of Igbo social structure and collective temperament. For the purpose of this study, the Igwebuike holistic approach of inquiry was adopted. Chi provides a cent ral and satisfying framework for the understanding of the interrelatedness and individuality of the Igbo - African reality. (shrink)

Aptamimamsa by Ācārya Samantabhadra (2nd century CE) starts with a discussion, in a philosophical-cum-logical manner, on the Jaina concept of omniscience and the attributes of the Omniscient. The Ācārya questions the validity of the attributes that are traditionally associated with a praiseworthy deity and goes on to establish the logic of accepting the Omniscient as the most trustworthy and praiseworthy Supreme Being. Employing the doctrine of conditional predications (syādvāda) – the logical expression of reality in light of the (...) foundational principle of non-absolutism (anekāntavāda) – he faults certain conceptions based on absolutism. He finally elucidates correct perspectives on issues including fate and human-effort, and bondage of meritorious (punya) or demeritorious (pāpa) karmas. (shrink)

The canonical text ‘Dravyasamgraha’ is believed to have been composed either by the Most Worshipful Ācārya Nemicandra ‘Siddhānta Cakravartī’ (circa 10th century CE) – the celebrated composer of Texts like Gommatasāra, Labdhisāra, and Trilokasāra – or by his later namesake Muni Nemicandra ‘Siddāntideva’ (circa the end of 11th century CE). Ācārya (Muni) Nemicandra’s Dravyasamgraha consists of just 58 verses. In 116 lines of 58 verses, the author has described the six substances (dravya), five with bodily-existence (pañcāstikāya), seven realities (tattva), nine (...) objects (padārtha), and the path to liberation (mokşa), from both the empirical (vyavahāra) as well as the transcendental (niścaya) points-of-view (naya). The treatise ends with a brief description of the five Supreme-beings (pañca-parameşthī) and of meditation (dhyāna). The ‘Explanatory Note’ against each verse comprises excerpts from the most authentic Sacred Jaina Texts. This is a thoroughly revised second edition of an earlier work published in 2013. (shrink)

जिनशासन प्रणेता आचार्य समन्तभद्र (लगभग दूसरी शती) ने इस ग्रंथ "स्तुतिविद्या" में, जिसका अपरनाम "जिनशतक" अथवा "जिनस्तुतिशतं" है, अत्यंत अलंकृत भाषा में चतुर्विंशतिस्तव किया है। यह गूढ़ ग्रंथ आचार्य समन्तभद्र के अपूर्व काव्य-कौशल, अद्भुत व्याकरण-पांडित्य और अद्वितीय शब्दाधिपत्य को सूचित करता है। जिनेन्द्र भगवान की स्तुति करने का कारण यही है कि उनके द्वारा प्रतिपादित मोक्षमार्ग की अमोघता और उससे अभिमत फल की सिद्धि को देखकर उसके प्रति हमारा अनुराग (भक्तिभाव) उत्तरोत्तर बढ़े जिससे हम भी उसी मार्ग की आराधना-साधना करते (...) हुए कर्म-शत्रुओं को जीतने में समर्थ हो सकें और निःश्रेयस (मोक्ष) पद को प्राप्त कर सकें। सच्ची सविवेक भक्ति ही मार्ग का अनुसरण करने में परम सहायक होती है और जिसकी स्तुति की जाती है उसके मार्ग का अनुसरण करना ही स्तुति को सार्थक करता है। सारांश यह है कि हम जिनेन्द्र भगवान की स्तुति अपने स्वयं के परिणामों को निर्मल बनाने के लिए करते हैं। स्तुति वास्तव में एक विद्या है। सम्यक स्तुति घने-कठोर घातिया-कर्म रूपी ईंधन को भस्म करने वाली समर्थ अग्नि है। ‘Stutividyā’ by Ācārya Samantabhadra (circa second century CE) is the adoration of the twenty-four Tīrthańkara, the Most Worshipful Supreme Beings. In his earlier masterpiece work ‘Svayambhūstotra’, Ācārya Samantabhadra had expressed his devotion to the twenty-four Tīrthańkara in a highly analytical manner, establishing the supremacy and inviolability of their Doctrine. ‘Stutividyā’, however, is the epitome of poetic dexterity; in its 116 verses, Ācārya Samantabhadra has used the most amazing figures-of-speech – alańkāra – that make the composition highly ornate, inviting and, at places, extremely difficult to comprehend. Such adroitness is possible only in the Sanskrit language; perhaps that is the reason some consider Sanskrit as the most scientific language in the world. (shrink)

According to the prevailing opinion, the classical formulation of the principle of the sovereignty of the people is found in Rousseau. Against that view, this article argues that Marsilius of Padua and Locke should be regarded as earlier pioneers and important forerunners of this principle. To demonstrate this thesis, the paper examines Marsilius’s conception of the “human legislator” and Locke’s ideas on legislation, representation, and on the limitation of the legislative power. Though Locke excludes the majority of the people from (...) the right to be represented in the legislative power, his concept of this “supreme power” is progressive compared to the conceptions of “sovereignty” found in Bodin and Hobbes. Even for Rousseau, women are still excluded from the sovereignty of the people. This is a strong argument to include Locke and Marsilius in the history of the idea of the sovereignty of the people. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the (...) judges (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

Immanuel Kant (1724-1804), the German philosopher, is considered as the father of modern ethics and one of the great philosophers in the history of philosophy. He wanted to establish a firm foundation for moral philosophy. He contributed something new to modern ethics which was not attempted by earlier ethicists. He wanted to show by using reason that morality is based on a single supreme universal principle, which is binding to all rational beings. Precisely, Kant wanted to establish the first (...) principle of morality which neglects all consideration of self-interest and even particular human problems. In the Groundwork of the Metaphysics of Morals, Kant claimed that his intention is to seek out and establish the supreme principle of morality, and that supreme principle is the categorical imperative. He puts the supreme principle of morality or the categorical imperative in at least five ways. These are formula of universal law (FUL), formula of universal law (FLN), formula of humanity (FH), formula of humanity (FA), and formula of realm of ends (FRE). However, Kant affirms that there is one canonical and general formulation of the categorical imperative and it is the FUL. For him, the other formulas are not distinct ethical principles; rather they are the reformulations or variant formulations of the single categorical imperative. Kant put this position in his works, The Groundwork of the Metaphysics of Morals. So, in this paper, I will mainly concentrate on the fundamental doctrine of the Groundwork of the Metaphysics of Morals. As I have tried to make clear before, Kant’s aim in the Groundwork of the Metaphysics of Morals is to search for and establish the supreme principle of morality (i.e., categorical imperative). He attempted to do this at the end of the Groundwork of the Metaphysics of Morals. But, to me, the way he attempted to justify the categorical imperative is problematic. Thus, in this paper, I argue that Kant did not put the categorical imperative or morality on a solid ground. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available (...) to pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Kierkegaard’s ideal supports a radical form of “deep diversity,” to use Charles Taylor’s expression. It is radical because it embraces not only irreducible conceptions of the good but also incompatible ones. This is due to its paradoxical nature, which arises from its affirmation of both monism and pluralism, the One and the Many, together. It does so in at least three ways. First, in terms of the structure of the self, Kierkegaard describes his ideal as both unified (the “positive third”) (...) and plural (a “negative unity”). Second, he affirms a process which brings together unity, as implied by the linear notion of “stages”, with plurality, in the form of “spheres of existence” (aesthetic, ethical, and religious). And third, the culmination of the process implies that we should embrace both a unified dialectic (“Religiousness A”) alongside the plural remnants of the ethical/aesthetic, that is, both the infinity of the former and the finitudes of the latter. Unsurprisingly, while Kierkegaard describes those who are able to exemplify his ideal in practice as “always joyful,” he also considers the ideal to be “extremely hard, the hardest task of all.” This is why those such as Hubert L. Dreyfus are wrong to claim that it provides an experience of bliss; on the contrary, those who realize it “are always in danger.” As I shall show, one form this danger takes is that it threatens to dirty the hands of those who manage to uphold Kierkegaard’s ideal. Moreover, it does so in ways that, I claim, tend to be missed by Kierkegaard himself. Nevertheless, the danger is also essential to the creativity of his approach, and I conclude by pointing out how this creativity makes it capable of tackling one of the profoundest challenges in contemporary ethics: that arising from what just war theorists call a “supreme emergency.”. (shrink)

The U.S. Supreme Court's majority opinion in Vacco v. Quill assumes that the principle of double effect explains the permissibility of hastening death in the context of ordinary palliative care and in extraordinary cases in which painkilling drugs have failed to relieve especially intractable suffering and terminal sedation has been adopted as a last resort. The traditional doctrine of double effect, understood as providing a prohibition on instrumental harming as opposed to incidental harming or harming asa side effect, must (...) be distinguished from other ways in which the claim that a result is notintended might be offered as part of ajustification for it. Although double effectmight appropriately be invoked as a constrainton ordinary palliative care, it is not clearthat it can be coherently extended to justifysuch practices as terminal sedation. A betterapproach would reconsider double effect'straditional prohibition on hastening death as ameans to relieve suffering in the context ofacute palliative care. (shrink)

In his Groundwork of the Metaphysics of Morals, Kant’s desiderata for a supreme principle of practical reasoning and morality require that the subjective conditions under which some action is thought of as justified via some maxim be sufficient for judging the same action as justified by any agent in those conditions. This describes the kind of universalization conditions now known as moral supervenience. But when he specifies his “formula of universal law” (FUL) Kant replaces this condition with a quite (...) different kind of universality: the judgment that some agent could rationally (i.e., without willing the frustration of his own valued ends) will his adoption of some maxim under the condition that this would cause all agents in his world to adopt it as well. Our wills typically lack this efficacy, so requiring that our wills conform to what would be rational for a hypothetical agent in this situation to will is a heteronomous requirement. Several intuitively wrong maxims pass Kant’s test but fail the test of supervenience, because they generate no contradiction in a world of universal compliance but do so in non-ideal worlds, demonstrating the inadequacy of the FUL and the logical superiority of moral supervenience. -/- Note that in the published version the title of this article incorrectly had the word "become" instead "became.". (shrink)

Can God be entirely and supremely just and also entirely merciful, without these two characteristics ending up in contradiction with each other? Anselm of Canterbury considers this question in several places in his works and provides rational resolutions demonstrating the compatibility of divine justice and mercy. This paper considers Anselm's treatment of the problem in the Cur Deus Homo, noting distinctive features of his account, highlighting the seeming incompatibilities between mercy and justice, and setting out his resolution of the problem.

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...) the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

When the United States Supreme Court used the expression “with all deliberate speed” in the case Brown v. Board of Education, it did so presumably because of its vagueness. Many jurists, economists, linguists, and philosophers accordingly assume that vagueness can be strategically used to one’s advantage. Roy Sorensen has cast doubt on this assumption by strictly differentiating between vagueness and generality. Indeed, most arguments for the value of vagueness go through only when vagueness is confused with generality. Sorensen claims (...) that vagueness – correctly understood – has no function in law inter alia because judges lie systematically when confronted with borderline cases. I argue that both claims are wrong. First, judges do not need to resort to lying when adjudicating borderline cases, and even if they had to, this would not render vagueness useless. Secondly, vagueness has several important functions in law such as the reduction of decision costs and the delegation of power. Although many functions commonly attributed to the vagueness of legal expressions are in fact due to their generality or other semantic properties, vagueness has at least these two functions in law. (shrink)

Li (禮) and yi (義) are two central moral concepts in the Analects. Li has a broad semantic range, referring to formal ceremonial rituals on the one hand, and basic rules of personal decorum on the other. What is similar across the range of referents is that the li comprise strictures of correct behavior. The li are a distinguishing characteristic of Confucian approaches to ethics and socio-political thought, a set of rules and protocols that were thought to constitute the wise (...) practices of ancient moral exemplars filtered down through dynasties of the past. However, even while the li were extensive and meant to be followed diligently, they were also understood as incapable of exhausting the whole range of activity that constitutes human life. There were bound to be situations in life where there would be no obvious recourse to the li for guidance. As part of their reflections on the good life, the Confucians maintained another moral concept that seemed to cover morally upright exemplary behavior in these types of situations. This concept is that of yi or rightness. In this chapter, I begin with a brief historical sketch to provide some context, and will then turn to li and yi in turn. In the end, I will suggest how li and yi were both meant to facilitate the supreme value of social harmony that pervades much of the Analects and serves as its ultimate orientation. (shrink)

Cusanus, Abstract As a rule Cusanus is interpreted in a theological way, under strong theological presuppositions and within the range of religion. This may be quite understandable since he was a cardinal and had important functions in the Papal States. But, what are the results, when we read his texts under pure philosophical conditions? We may see then that some of his texts are meant neither to assert a belief nor to search for reasons for it, but only to reflect (...) upon the presuppositions of this belief and its different traditions. Instead of asserting his belief Cusanus is beginning to reflect upon his presupositions. We try to give an exemple for this shift with the first proposition in the collection of propositions that follow the dialog De non aliud: „definitio quae se et omnia definit, ea est, quae per omnem mentem quaeritur.“ We will see a quite another Cusanus. Cusanus picks up „definitio“ in the sense of self-determination, developped in the dialog. He begins in quite a traditional manner and ends in a supremely abstract and speculative intuition. The 'Not-other' determines itself in a vision; this vision is an order in which every thing gets its proper place; we as human beings aspire to repeat this vision in our mental life in contact with the world. In this way Cusanus does what all great philosophers do: he reflects in a given set of opinions what is the meaning of „to be“. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context (...) of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many the courts all over the world. This Article analyses these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. The Article challenges the intellectual property (IP) post-humanists, exposing the (...) analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans in the law. This response to IP post-humanism rests in equal measure on patent doctrine, legal causation, and the mythology which creates and justifies the law. (shrink)

Anti-war pacifism eschews modern war as a means of attaining peace. It holds war to be not only evil and supremely harmful, but also, on balance, morally wrong. But what about force short of war? The aim of this paper is to analyse targeted killing, a specific form of force short of war, from an anti-war pacifist perspective, or, more specifically, from two related but distinct pacifist perspectives: conditional and contingent. Conditional pacifism deems war to be unjustified if the condition (...) that innocent persons are killed in war is satisfied. Since this condition is always fulfilled, conditional pacifism implies the impermissibility of modern war. Contingent pacifism concedes that war would be morally acceptable if its harms were sufficiently outweighed by its benefits, but maintains that no (or very few) wars meet this criterion. The empirical reality of war is such that it cannot be justified, because it harms too many innocents in proportion to the harm it prevents. Pacifists’ treatment of targeted killing short of war should thus concentrate on the harm it does to innocents. Conditional pacifists should focus on whether targeted killing kills innocents, while contingent pacifists should focus on whether the harm it does to innocents is disproportionate to its benefits. (shrink)

‘Eruv’ is a Hebrew word meaning literally ‘mixture’ or ‘mingling’. An eruv is an urban region demarcated within a larger urban region by means of a boundary made up of telephone wires or similar markers. Through the creation of the eruv, the smaller region is turned symbolically (halachically = according to Jewish law) into a private domain. So long as they remain within the boundaries of the eruv, Orthodox Jews may engage in activities that would otherwise be prohibited on the (...) Sabbath, such as pushing prams or wheelchairs, or carrying walking sticks. There are eruvim in many towns and university campuses throughout the world. There are five eruvim in Chicago, five in Brooklyn, twenty three in Queens and Long Island, and at least three in Manhattan. The US Supreme Court is (like most other major US Federal Government buildings) located within the eruv of Washington DC. In many cases, not all of those living within or near the area of an actual or proposed eruv will themselves be Orthodox Jews, and this has sometimes led to protests against eruv creation. It is such protests which triggered the writing of this essay. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great (...) number of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

Marcus Willaschek and I have argued against the widespread assumption that Kant claims the Moral Law—the supreme principle of morality—is (or must be regarded as) ‘self-legislated’. We argue that Kant instead describes the Moral Law as an _a priori_ principle of the will. We also argue that his conception of autonomy concerns not the Moral Law but substantive moral laws such as the law that requires promoting the happiness of others. In the present essay, I respond to the commentary (...) by Alyssa Bernstein and Christoph Hanisch. In response to Bernstein, I clarify the relation between our interpretation of Kant and those proposed by John Rawls and Allen Wood. In response to Hanisch, I argue, among other things, that Kant’s defense of the thesis that the Moral Law is an a priori principle of pure practical reason does not mean that practical reasoning and reasons-based action are impossible without it. It means rather that _morally good_ and _morally evil_ reasons-based action are impossible without it. (shrink)

This study aims to evaluate whether the idea of ultimate reality in world religions contributes to the characteristics of the world religion paradigm, which is hierarchical cosmology or “subject-object cosmology.” Several research on this topic claims that one of the characteristics of the world religion paradigm is its hierarchical perspective. Discussing this issue is important to distinguish the world religions as the paradigm and the world religions as the most widely embraced religion. This study argues that the hierarchical perspective of (...) the world religion paradigm can be rooted in the idea of ultimate reality, that there is a supreme, foremost, and most principal reality in the continuity of this universe, namely the supernatural or God. The hierarchical cosmology consists of three main domains: supernatural/God, culture/human, and nature. This study uses a literature study methodology, relying on books, journals, and texts related to research questions. This study finds that the world religion paradigm or hierarchical cosmology or “subject-object cosmology” is prominent, especially in Abrahamic religions such as Islam, Christianity, and Judaism, even though the concept of ultimate reality in these three religions is different. (shrink)