Disputes over territory are a major contributing factor to the disruption of international relations. We believe that a cumulative, integrated, and continuously updated resource providing information about such disputes in an easily accessible form would be of benefit to intelligence analysts, military strategists, political scientists, and also to historians and others concerned with international disputes. We propose an ontology-based strategy for creating such a resource. The resource will contain information about territorial disputes, arguments for and against claims pertaining (...) to sovereignty, proffered evidence for such claims, political and military motives (overt or hidden), and associated conflicts. Our approach is designed to address several issues surrounding the representation of geopolitical conflict, including the tracking and individuation of disputes and the validation of disseminated information. (shrink)

Inhabitants of low-lying islands flooded due to anthropogenic climate change will lose their territory and thereby their ability to exercise their right to political self-determination. This paper addresses the normative questions which arise when climate change threatens territorial rights. It explores whether the loss of statehood supports a claim to territorial compensation, and if so, how it can be satisfied. The paper concludes that such claims are well founded and that they should be met by providing compensatory (...) territories. After introducing a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard (...) of living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)

This paper seeks to carve out a distinctive category of conspiracy theorist, and to explore the process of becoming a conspiracy theorist of this sort. Those on whom I focus claim their beliefs trace back to simply trusting their senses and experiences in a commonsensical way, citing what they take to be authoritative firsthand evidence or observations. Certain flat Earthers, anti-vaxxers, and UFO conspiracy theorists, for example, describe their beliefs and evidence this way. I first distinguish these conspiracy theorists by (...) contrasting them with another group that has recently received a lot of attention from the media, philosophers, and academics more broadly. I then dig more deeply into the nature of these conspiracy theorists’ epistemic self-understanding, in order to give an account of the process by which one becomes such a conspiracy theorist. I conclude with some takeaways and implications: first, I explore the implications of my account for whether these conspiracy theorists’ beliefs are rational; then, I argue that my account has practical takeaways about counteracting beliefs in misinformation, since strategies appropriate to this kind of conspiracy theorist may not be the same ones that are appropriate for other kinds. (shrink)

David Liggins and Chris Daly have argued against a recent trend in which some philosophical debate or other is said to be settled by claims from a discipline other than philosophy, because claims from that discipline entail a position on the debate and any claims from that discipline have greater authority than any philosophical claims when the aim is to extend our knowledge. They label this trend deferentialism. This paper presents a dilemma for their argument.

The paper deals with visions of Kyiv in the writings of Russian and Ukrainian émigré writers during the interwar period. The city became a focal point of intensive intellectual debate whose participants regarded Kyiv not only as a place of a recent battleground but also as a sacral place and a highly symbolic image. Within the methodological framework of ethnic symbolism, this study attempts to explain how this physical/symbolic dichotomy was used to reinforce continuing claims for historical origin and (...) cultural heritage, thus serving the contemporary purpose of national identity and political legitimacy. It also deploys the concept of displacement as a complex process of negotiation between homeland and hostland within an émigré community — whose sense of loss and identity crisis creates additional impetus, though in different forms, for exploiting historical narratives. (shrink)

It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of justice. To (...) the contrary, Indigenous American nations were sovereign entities holding exclusive title to their territories at the time of European contact, and they participated actively in the formation of Canada and the United States. This fact requires us to rewrite our constitutional histories and reconsider the current status of Indigenous nations. (shrink)

On the 17th of May 2020, the Albanian National Theatre in Tirana was demolished overnight, in the days of the first major lockdown due to the COVID-19 pandemic. The theatre was built in 1939, when the Italian military occupation of the Albanian territory was officially established, after decades of increasing influence on the local economy by the fascist regime. That day was the climax of a two-year-long protest against its demolition by local associations, and international organisations. This event demonstrates the (...) importance of debating on the contested material and immaterial traces that the Italian presence in Albania left behind, culminating with a military occupation during WWII. This text surveys the exhibitions, curated or organised by Italian institutions, with the aim of tracing the evolution of the colonial narrative from fascist propaganda to contemporary initiatives. Starting in the 1920s, the Italian Ministero delle Colonie opened trade exhibitions, ethnographic displays, political and recreational events. During the occupation, Albania was featured in the Mostra Triennale delle Terre Italiane d'Oltremare (1940) and many other venues up to recent shows in Tirana. The first exhibitions were essential devices to support Italian territorial claims, built on the argument of an alleged Mediterranean tradition of the area, reunited once again under the “Roman” identity flag. The political-ideological nature of the artistic productions, the biased historical discourses around the myth of Roman origins, and the aesthetics employed in such events formed a strong narration that lasted much longer than the military presence on the territory. Taking this case as an example, we will see how exhibitions were instrumental to the authoritarian regime in the identity-building process; how contested narratives can be twisted in the contemporary political debate; and to what degree this heritage can be considered a shared legacy by both parties, the coloniser and the colonised. (shrink)

From the animosity of the Cold War era, the rapprochement in 1972, normalization of relations in 1979, to rising China and the current trade war, the US-China relationship has emerged and been regarded as an important relationship in global politics, and distinctively significant in the shaping of world order. The United States, a fount of modern think tanks, is home to approximately 30% of the total in the world. These think tanks were gradually embedded into American politics and exercise undoubtedly (...) significant influence in the policymaking process, particularly foreign affairs. Hence, as an emerging global power, China has been the subject of US think tanks debate from different perspectives, such as economy, military, and foreign affairs. This study reviews the post-World War II US-China relations, addresses China’s economic and military rise, its territorial claims and provides policy options for balancing cooperation and conflict in each of these matters. Given that the assimilation of perspectives of American think tanks can foster comprehending the perception of the US regarding China’s rise and Washington-Beijing relations, this internet-mediated research based on foreign policy analysis with the principal focus on agency at institutional level takes a systematic approach to discuss China policy debates among the US think tanks. The objective is to offer an overall review of the China policy debate in the US over the past two decades, whereas the chief focus is dedicated to the perceptions of China in American think tanks about the concepts of “China collapse”, “China threat” and “China responsibilities”; furthermore, providing an assessment of the impact of think tanks on China’s most-favored-nation (MFN) treatment, the legislature on permanent normal trade relations (PNTR), and contemporary trade relations between the two countries. (shrink)

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism about (...) borders allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. (...) The second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside (...) within its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking resource rights (...) to key state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

For Foucault, Hobbes is important for the transition from sovereignty to governmentality, but he does not always go into great detail how. In “Society Must Be Defended”, Hobbes’s reactions against the political historicism of his time lead him to an ahistorical foundation to the state. In Security, Territory, Population, his contract is emblematic of the art of government still caught in the logic of sovereignty. Management techniques, one of which being inheritance laws like primogeniture, inducing changes in a population’s milieu (...) so that its interest is properly directed allow the art of government to escape this logic. Hobbes supports primogeniture, but its historical position in the common law makes this support unexpected. This article examines the historical context of primogeniture and the reasoning for Hobbes’s support of it in light of Foucault’s claims about him in order to give more precision to those claims. The result is that primogeniture as a law of nature produces the family as an interested unit of the population. Yet this interest is itself historicized, so Hobbes’s attempt to de-historicize politics did not fully succeed. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines refugeehood (...) as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that a general account of the criminal (...) law of the kind of idealized state that Duff focusses on will need to say something about how that law deals with non-citizens. In particular, I claim, it will need to provide a justification for punishing them. Because Duff's account says nothing about the punishment of non-citizens, it cannot do so. Furthermore, although Duff's more recent suggestion that non-citizens should be thought of as being guests in the state on whose territory they are present may provide for an account of their criminalization, it cannot easily be extended into an account that provides a justification for their punishment. (shrink)

How we feel is as vital to our survival as how we think. This claim, based on the premise that emotions are largely adaptive, serves as the organizing theme of Why We Need Religion. This book is a novel pathway in a well-trodden field of religious studies and philosophy of religion. Stephen Asma argues that, like art, religion has direct access to our emotional lives in ways that science does not. Yes, science can give us emotional feelings of wonder and (...) the sublime--we can feel the sacred depths of nature--but there are many forms of human suffering and vulnerability that are beyond the reach of help from science. Different emotional stresses require different kinds of rescue. Unlike secular authors who praise religion's ethical and civilizing function, Asma argues that its core value lies in its emotionally therapeutic power. No theorist of religion has failed to notice the importance of emotions in spiritual and ritual life, but truly systematic research has only recently delivered concrete data on the neurology, psychology, and anthropology of the emotional systems. This very recent "affective turn" has begun to map out a powerful territory of embodied cognition. Why We Need Religion incorporates new data from these affective sciences into the philosophy of religion. It goes on to describe the way in which religion manages those systems--rage, play, lust, care, grief, and so on. Finally, it argues that religion is still the best cultural apparatus for doing this adaptive work. In short, the book is a Darwinian defense of religious emotions and the cultural systems that manage them. (shrink)

David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...) "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent. (shrink)

Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not just any state, but a refugee's state of origin, take responsibility for (...) safeguarding their welfare. This entitlement I characterize as an institutional right: a right that presupposes, and is a necessary feature of, a particular institution. The institution of which the right of return is an indispensable part is the international political system that sees authority exercised by sovereign states. The institutional argument for a right of refugee return presupposes two basic factual claims about states: they play a central role in safeguarding rights and they pursue exclusionary policies of border control. Importantly, the institutional view presupposes only that states do perform both functions, not that they are justified in doing so. On a purely normative level, the institutional account assumes little more than the moral equality of human beings. (shrink)

The new Coronavirus, namely Sars-CoV-2, took the world by surprise and grew into a pandemic worldwide in a couple of months since the beginning of 2020. It managed to lockdown at home almost half of the world population under the threat of illness and sudden death. Due to the extreme medical advises of containing the spread and damages of this threat, mostly directed towards social distancing, public gatherings cancelation, and contact tracing, each State imposed such regulations to their people and (...) for all areas of social activity, including the religious ones. This articles analyses four topics: 1. Restrictions imposed by the State and reactions by religious organizations. The theological-ethical response focused on the fact that all religions what to save lives and defeat death. 2. The pandemic shows the sensitive relation between the State and religions and shows the differences in power relations in the different countries. The theological-ethical response calls for a partnership between the State and the religions in their territory. 3. The relation between science and religion is tested during the pandemic. Whereas the majority of believers adhere to scientific results, a good part refuses scientific knowledge. The theological-ethical response of the authors is that science and religion are complementary and not contradictory. 4. Pandemics as situations of high uncertainty are often accompanied by conspiracy theories that claim to know who is guilty for the disaster, who is the scapegoat, which has to be punished. The theological-ethical response gives theological reasons to say no to conspiracies and scapegoats and yes to take responsibility wherever we are in order to save lives. (shrink)

En 2007, la Declaración sobre los Derechos de los Pueblos Indígenas fue adoptada por la Asamblea General con la mayoría de los estados miembros de las Naciones Unidas. La declaración tiene relevancia para cualquiera que esté al mando o en contacto con los pueblos indígenas. Un efecto central de la dominancia de la cultura globalizada sobre culturas indígenas es la asimetría de la percepción e influencia mutua. Debido a los efectos de la presión social externa de la globalización los pueblos (...) indígenas tienen poca libertad de elección. Ejercer su derecho a una autonomía cultural en educación y estilo de vida es muy difícil para los indígenas. Por parte de gobiernos, problemas con los derechos sobre la tierra son un obstáculo para reconocer la autonomía de los pueblos indígenas. Algunos artículos de la declaración de derechos indígenas son presentados que tienen relevancia para personas externas, como investigadores o turistas, en contacto con personas indígenas. -/- The Declaration on the Rights of Indigenous peoples is an instrument to combat inequalities on an international level. However, the implementation is still a matter of disregard and conflict, as states are reluctant to give up their privileges. Yet, with the Declaration, a foundation has been laid to claim acceptance and respect of indigenous lifestyles, the use of their territories by themselves, the passing-on of culturally specific knowledge to the next generations, and other aspects. The new situation of International Law also brought along consequences for any external person contacting an indigenous culture, be it scientists, tourists or others. (shrink)

The term ‘human nature’ can refer to different things in the world and fulfil different epistemic roles. Human nature can refer to a classificatory nature (classificatory criteria that determine the boundaries of, and membership in, a biological or social group called ‘human’), a descriptive nature (a bundle of properties describing the respective group’s life form), or an explanatory nature (a set of factors explaining that life form). This chapter will first introduce these three kinds of ‘human nature’, together with seven (...) reasons why we disagree about human nature. In the main, this chapter focuses on the explanatory concept of human nature, which is related to one of the seven reasons for disagreement, namely, the scientific authority inherent in the term ‘nature’. I will examine why, in a number of historical contexts, it was attractive to refer to ‘nature’ as an explanatory category, and why this usage has led to the continual contestation of the term within the sciences. The claim is that even if the contents of talk about ‘nature’ varied historically, the term’s pragmatic function of demarcation stayed the same. The term ‘nature’ conveys scientific authority over a territory; ‘human nature’ is a concept used to divide causes, as well as experts, and thereby conquer others who threaten to invade one’s epistemic territory. Analysing this demarcation, which has social as well as epistemic aspects, will help us to understand why the explanatory role has been important and why it is unlikely that people will ever agree on either the meaning or the importance of ‘human nature’ as an explanatory category. (shrink)

According to one of the most influential views in the philosophy of self-knowledge each person enjoys some special cognitive access to his or her own current mental states and episodes. This view faces two fundamental tasks. First, it must elucidate the general conceptual structure of apparent asymmetries between beliefs about one’s own mind and beliefs about other minds. Second, it must demarcate the mental territory for which first-person-special-access claims can plausibly be maintained. Traditional candidates include sensations, experiences (of various (...) kinds), thoughts, beliefs, desires, and also affective states such as emotions. I reconstruct five prominent privileged access claims that have traditionally been maintained for emotions and discuss logical relations among them. I then argue that none of these claims stands up to scrutiny. The truth is that we often suffer from affective ignorance, and that third-person ascriptions of emotional states should often be credited with more rather than less authority than corresponding self-ascriptions. I conclude by considering, and rejecting, five potential objections to my argument. (shrink)

Within the literature in green political theory on global environmental threats one can often find dissatisfaction with liberal theories of justice. This is true even though liberal cosmopolitans regularly point to global environmental problems as one reason for expanding the scope of justice beyond the territorial limits of the state. One of the causes for scepticism towards liberal approaches is that many of the most notable anti-cosmopolitan theories are also advanced by liberals. In this paper, I first explain why (...) one of the strongest expressions of liberal anti-cosmopolitanism cannot simply be dismissed because it may fail to support desired environmental ends. The political conception of justice represents one of the most important challenges to cosmopolitanism generally and is thus a serious challenge to viewing global environmental problems in terms of cosmopolitan justice. Second, I will show through the case of anthropogenic global warming that the political conception of justice under current conditions does have clear cosmopolitan implications despite its proponents' claims. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening (...) the courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

I revisit themes from Against Borders: Why the World Needs Free Movement of People (2020) in dialogue with Gillian Brock's Justice of People on the Move (2020) and Sarah Song's Immigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands open borders. I (...) reject the claim that state self-determination justifies migration restrictions. Central arguments for open borders highlight the role that restrictive border controls and the state category of ‘immigrant’ play in upholding racialised hierarchies and exploitative economic relations, as well as in inflicting violence against mobile people. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

The central aim of astrobiology is to study origins, evolution and distribution of life in the universe, combining data from various disciplines. However, I will argue that from a philosophical standpoint, astrobiology requires the affirmation of astrophilosophy. Fry (2015) claims that philosophical presuppositions guiding science are general, for example, we hold the notion that natural laws necessarily hold at the whole universe at large, and on the basis of the universal applicability of natural laws, the astrobiological research is conducted. (...) Jakosky (2000) mentions that finding any life elsewhere that had an origin independent of that on Earth would be philosophically profound. Kolb (2005) covers various definitions of life and establishes thought experiments about the survival of life in the Solar System. Most of the (scarce) research has dealt with specific philosophical topics in astrobiology, instead of seeing it as a new philosophical discipline or perhaps a new subdiscipline for each of the classical philosophical disciplines. -/- Persson (2013) has made a step towards this by systematizing the most important philosophical questions in astrobiology, along with Dunér (2013) emphasizing its importance for ethics, epistemology, semiotics and linguistics, and cognition. Persson mentions that the justification of resources is a question of ethics, but I would also like to add political philosophy, since not only is there a question of preference over "earthly manners" but also fair distribution of costs and the concept of ownership of the new worlds. The question of a new definition of life is another one, that I would argue holds one of the central places in metaphysics. Persson mentions various definitions of life and that such a discussion is important for both biology and philosophy, a notion I would like to add to by stating that the question of finding another life is also an ontological question, giving us either categorical similarity or dissimilarity, and establishing a new kind, which is of metaphysical importance. Persson also establishes the importance of is it possible to know whether we are alone or not, a question I would like to tie to the modern epistemological questions of possibility of knowledge (cf. Cassam, 2007). Persson also connects astrobiology with ethical questions such as biocentrism or colonization, which also might be tied to philosophy of mind, and philosophy of politics and culture respectively. -/- One major step forward was established recently by Dick (2020), focusing on a new discipline combining astronomy, cosmology, and astrobiology, in which there is a focus on the nature of reasoning, the problematic nature of evidence, the influence of metaphysical preconceptions, the epistemological status of these disciplines, the role of technology, and the mutual interaction between these disciplines. The purpose of this paper is to see how the creation of astrophilosophy could better emphasize the role of philosophy today, and would it behave as a side-by-side major philosophical discipline or a complement to the current philosophical disciplines, for example, bringing new light into metaphysics, epistemology, ethics, or philosophy of mind. In the first case, we would make a metaphysical difference between human-related problems and other possible kinds, and in the second case, we would have to incorporate current astrobiological questions into modern philosophical dialogue, establishing, for example, metaphysics and epistemology of life, or, a possibility to incorporate non-human life into epistemology, philosophy of mind, and philosophy of biology. This goes hand to hand with Dunér's (2013) points of seeing the philosophy of astrobiology as both a type of individual and collective self-understanding, and conceptual analysis. That way, using astrophilosophical novelties, we can improve not only our current philosophical intuitions, but also expand the territory of philosophical subdisciplines to become more universal. -/- . (shrink)

Russia took the advantage of the contribution of the Armenian armed organizations in order to possess Istanbul, straits around it, Eastern Anatolia, to weaken Turkey, to be strengthen in the Southern Caucasus, organized the rebellion of the Armenians living in Turkey against the government. Russian ruling circles put forward the Armenian matter in order to take advantage of them. Armenians involved in the war to create their own government by obtaining the territory including Van, Bitlis, Tigranakert, Erzurum, Kharberd and Sebastya, (...) as well as Cilicia from Turkey, to solve their Armenian problem. But in fact, Russia, France and England tried to blow to Turkey pretending to try for building an independent Armenian government. The grade of contribution of Armenian military units in the First World War can be characterized as following: 1. Creating the Armenian volunteer units. 2. Establishing the regular battalions and infantry regiments and forming the national corpuses. The organizations of Hnchak and Dashnaksutyun actively participated in creating the Armenian volunteer units. Dashnaks mobilized 40 000 people to destroy the Turkish people. They established tens of khumbas. The Armenian volunteer units were commanded by Andranic Ozanyan, Dro, Amazasp, Keri, Checho, Vardan and others terrorists. Armenian volunteer units which were supposed to move in 4 directions, should act in the directions where the Armenian people were densely populated. These 4 Armenian volunteer units fight against Turks in all important combat operations from Sarigamish to Erzurum. The same time Russian army and Armenians triggered the rebellion of the local population against the Turkish government. 50000 of Armenians were fighting in French, England and USA armies. The Eastern legion of Armenians was established in French army on November 1916. On November 15, 1918, the Eastern Legion was named Armenian legion. The number of the Armenians in the legion riched to 4000. In the beginning of 1916, there was an announcement about subordination of the military detachments to army and establishment of infantry regiments based on that. Establishment of the separate Armenian corpus started at the end of December 1917. In 1917, 8 Armenian shooter regiments were established. From the mentioned 8 regiments two Armenian shooter divisions, the special Armenian division of Andranic, 3 infantry brigades of western Armenians in the Southern Caucasus region, some guerrilla troops in Erevan, Igdir guerrilla infantry and rider regiments, Zeytun regiment in Tbilisi were established. At present, Armenia often raises false claims such as the "Armenian genocide" in the parliaments of the world, trying to confirm this lie. This research proves that Armenians betrayed the Ottoman state during the First World War and also committed Turkish genocides. (shrink)

This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible (...) without the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space. (shrink)

The current state of philosophy of science is characterized by stasis in the struggle between realism and antirealism. In recent years, a number of authors have come out with a program of scientific perspectivism that claims to sublate this great collision and gain the status of a new epistemological paradigm: “perspectivism, or, better, perspectival realism, is one of the newest attempts to find a middle ground between scientific realism and antirealism” [1. P. 2]. Important milestones of the perspective movement (...) were the works of Ronald Giere, Francois Recanati, Bas van Fraassen, Michela Massimi, and others. The thesis of the article is that perspectivism has not yet realized its claims to autonomy, although it has become an important new arena for discussions between realists and antirealists who try to appropriate perspectivist concepts and arguments. The “middle ground,” when thought out consistently and thoroughly, turns out to lie not “between,” but either in the territory of realism or in the territory of antirealism, depending on the presumptions of the author of a particular perspectivist conception. This is demonstrated by the analysis of the conceptions of Giere, Massimi, and Recanati. Giere’s perspectivism is based on the metaphor of color vision, and for him only some (secondary) qualities of real objects turn out to be perspectival, i.e., subject-dependent. Massimi’s perspectivism attempts, on the basis of a visual arts metaphor, to combine the phenomenon of the plurality of scientific theories (“perspectival disagreement” about what an object is) with the general realist attitude of science (agreement about that there is an object). Recanati’s perspectivism syncretizes realism about ordinary objects and relativism about other things. The first two versions of perspectivism rely on a perceptual metaphor: perspective is conditioned by the perceptual constitution of the observer, that is, it arises at the mental or cognitive level. Recanati’s version attempts to derive perspective from contextuality, that is, it is semantic. However, it does not show exactly how perceptual categories are superimposed on theories or how scientific concepts reveal their perspectival character. The isomorphism of perception and theoretical thinking, sensibility and understanding, remains undemonstrated. On the one hand, perspectivist efforts are motivated by an important concern to account for antirealist critique (lack of access to the “view from nowhere,” factual and semantic underdetermination, difficulties with the idea of approaching the truth, the historicity of knowledge, the activeness of the constructing subject, etc.) while preserving the scientific commitment to universality, validity, and truthfulness. On the other hand, the ontological question remains fundamental and unavoidable, and perspectivism (yet?) fails to circumvent it. As we see, all three versions of perspectivism considered in this article turn out to be varieties of realism: Giere and Massimi recognize this explicitly, while Recanati de facto assumes a quite respectable and conservative position of selective realism with respect to ordinary objects. (shrink)

Jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory, however, employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only one (...) of which is sensitive to consequences. Finally, the theory falsely claims that obligations necessarily reduce the freedom of the obliged. (shrink)

The concept of international strategic litigation for the defense of Venezuela is analyzed against the 2018 Guyana lawsuit before the International Court of Justice-ICJ. Evading the agreement in Article IV of the 1966 Geneva Agreement, it attempts to validate the Paris Arbitration Award of 1899, which was rejected by Guyana and Venezuela. The claim is inadmissible because the bilateral ways to resolve the territorial conflict have not been exhausted, the ICJ lacks jurisdiction and the Geneva Agreement is distorted. Scenarios (...) are analyzed for Venezuela to participate or not in the litigation, highlighting the convenience of a peaceful, practical and satisfactory settlement for the Parties. (shrink)

The article focuses on an unexamined so far aspect of byzantine philosophy, namely the influence of Arabic philosophy upon byzantine thinkers. Despite the vicinity of Byzantium and Arabic territories, the philosophical interactions were minimal. Scholarios claimed, in a dedicatory epistle to Constantine Paleologus (1405-1453), that he had studied the treatises of Avicenna, Averroes, and other Arab and Persian philosophers. He admitted that Averroes was beyond doubt the best commentator of Aristotle. Scholarios acknowledged that the study of the Arabs contributed immensely (...) to his philosophical education and particularly to the proper understanding of the Aristotelian philosophy (Scholarios, vii.1-6). Scholarios aimed at the enrichment and renewal of Byzantine philosophy. Besides his high esteem for Arabic philosophy, he devoted a large part of his life translating and paraphrasing the Scholastics, especially Aquinas. Despite Scolarios’ claim about his erudition on the Arab and Persian philosophers, a detailed examination of his works proves that in most cases he simply reproduced and incorporated sections from Aquinas’ works, without resorting to the original sources. Scholarios’ references to the Arabs are multiplied in his translations and compendia of Aquinas’ works, but are reduced significantly in his original texts. Frequently Scholarios refrained from mentioning the Arab philosophers, despite the fact that he commented on Aquinas’ passages, which are dedicated to Avicenna or Averroes. On the contrary, Scholarios did not avoid mentioning in detail Aquinas’ Christian or ancient Greek sources. It is obvious that Scholarios did not have a consistent approach towards Arabic philosophy. Most of the times he reproduced loosely Aquinas’ passages, where the latter commented on the Arabs. (shrink)

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

A common theme from certain circles during the Yugoslav wars was that the seceding republics lacked a right to secede, but that if a right were accorded them by the EC or international community, it would have to be granted to the Serbian minorities in these republics, especially in Bosnia and Herzegovina, on pain of inconsistency. This microcosm argument is in fact unsound. On a reasonable conception of a right of self-determination and secession elaborated here, the Republic of Bosnia and (...) Herzegovina enjoyed a right of secession, while Bosnian Serbs did not. Nor did Bosnian Serbs restrict their claim to such a right to territories in which they held a majority; rather, they demanded "secession" for a whole swathe of lands which lacked even a Serb plurality before their brutal "ethnic cleansing". Either voluntarist or ethnicist conceptions of a right of secession might have been construed as supporting the microcosm argument, but both of those are terrible conceptions of the right of self-determination and secession. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

This publication articulated in three parts, and twelve chapters endeavours to engage with the complex negative emotions and consequent phenomenon of self-deceit, radicalisation and extremism. First part: Emotions as Lines of Demarcation or Guidelines to Our Self. The Psychodynamic Surrounding of our Intentional Self; second part: Case Studies of Some Concrete Societal Encapsulations of the Negative Passions; and third part: Resisting the Colonisation of Tyrannical Affections. Possible Paths of Mitigating Radicalisation and Extremism. What kind of educational responses can be given (...) to extremist claims of territory, identity, resources, power, and interpretations? How can a dialogue on unifying ethical principles and values aid in developing common grounds for preventing radical and extremist excesses? With authors from three continents, this publication endeavours to not only ask the uncomfortable questions with regard to the exteriorisation of human emotive predispositions and inclinations to ostracize, stigmatise and discriminate. The exit door from the extreme is also clearly presented, through four contributions, notably the interplay of Charvaka philosophy, Sikh wisdom on balanced forms of engagement with strong emotions. (shrink)

The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in colonising Africa and other (...) regions. While international law claims universal liberalism today, the current system based on sovereign nation-states represents not social inclusion but fierce and dangerous exclusion. -/- The central thesis of this book is that the development of legal sovereignty was, rather than part of the modernist progress narrative, a historically contingent evolutionary regression. While other social systems such as economics and science became globalised, politics and law counterintuitively became more territorialised. It is argued that the nation-state today is not only anachronistic but is dangerously ill-equipped for facing international problems such as the climate crisis or global pandemics. Finally, it also leaves African states and many other formerly-colonised territories at a particular disadvantage by regulating their political practices into a predefined mould. (shrink)

Abstract: The study argues that there are four characteristic features of religious terrorism. Extremely high degree of fanaticism of these terrorists is the first feature. Pan-territorial activity of religious terrorists is the second one. The third feature expresses that religious terrorism activity is caused by the pathological psychological problems of those terrorists. Religious terrorists’ claim to the legitimacy of the violent acts is the fourth feature.

This article presents a newly discovered votive inscription found during the course of the 2013 survey conducted at the ancient city of Phaselis and in its territory. The inscription was found where the stairs to the acropolis from the southwest of the theatre end, in front of the west wall of the tower structure give access to the acropolis. This inscription in the Doric dialect, on a limestone block measuring 0.315 x 0.77 x 0.61 m., records a dedication to Athena (...) Polias. The letters 0.03 m. high, exhibit Late Archaic - Early Classical Period features ( - - - - ) and, consequently the inscription can be dated to the Vth century B.C. -/- Phaselis and its Chief Goddess Athena Polias From the earliest times of Athena worship, especially in the Aegean Islands and Hellas, this goddess was the protectress of cities, institutions and mythological heroes and she manifested this function in various ways. In one of the earliest recorded examples she carries the epithet ἐρυσίπτολις (guardian of the cities), and in another example, in a Linear B inscription discovered in the Palace of Knossos on Crete as Atana Potnia (a-ta-na-po-ti-ni-ja), the mistress of the palace. But perhaps the most striking myth relating to this role of Athena is undoubtedly that of the Palladion statue, the reason for the fall of Troy and for defeat in the Trojan War. In this context, Troy could resist the Achaeans for as long as it was protected by the Palladion, but after it was stolen by Odysseus and Diomedes, the city was captured by the Achaeans. Subsequently, Athens, Argos and Sparta, the most powerful Greek cities, as later the city of Rome, in order to obtain Athena’s protection and so to gain legitimization for the expansion of their empires, invented their own myths claiming that the Palladion statue from Troy was brought to their cities. In another myth the Goddess became the protectress of Tegea through giving Medusa’s hair as a protective image to a hero of the city. Athena’s frequently used epithets, Polias (Πολιάς), Poliouchos (Πολιοῦχος), and the epithet the protectress of the Athenians (Ἀθηνᾶ Ἀθηνῶν μεδέουσα), employed as a means of religious propaganda by the city of Athens when it established the Delian League which subsequently evolved into an empire, clearly indicate Athena was regarded as guardian of the cities. Particularly during the Archaic and Classical Periods, it was this aspect of Athena that, politically placed the Goddess amongst the most important of deities with Zeus and Apollo, and she is most commonly found with the epithet Polias. The epithet Polias or similar, refers in particular to the heart of these cities, to their acropoleis, where Athena Polias was usually worshipped. Her temples located on the heights of the cities made her role particularly visible as the main protecting goddess. One of the best examples of this “visibility”concerns the earliest record of the epithet Polias as, although she wasn’t the chief deity of Argos, within the sanctuary of Athena Polias located on Larisa hill an inscription was found which supplies us with the text of a cult regulation which is datable to the VIth century. B.C.. The Anatolian goddess of Malija, equal to Athena (in Lycia), was attested in Hittite texts from IInd millennium B.C.. This goddess worshipped in Lycia, close to the city of Phaselis, is similarly in a relationship with cities and acropoleis. The Inscribed Pillar of Ksanthos dating from the Vth century B.C. records that many acropoleis were seized with the help of Athena ptoliporthos (πτολίπορθος) “Sacker of Cities”. In the same inscription the city of Patara was named together with Malija and it may refer to the Patara of Malija as in the example of the Lindian Athena (Lindos, city of Athena). Moreover, the goddess Malija was named with the epithet Wedrẽñni (regional, municipal) the equivalent of the epithet Polias in Rhodiapolis. During the great colonization movements (750-550 B.C.) the colonists brought the cult of Athena Polias to many Mediterranean cities, as was the case for example for Lindos on the island of Rhodos. As a matter of fact the strongest ties between Lindos and the colonies which Rhodes founded was the cult of Athena. In consequence, these cities offered precious gifts to the Temple of Athena in Lindos as a demonstration of both their veneration of the goddess and of loyalty. According to myth, the city of Phaselis was colonized in 691/690 B.C. by a group under the leadership of Lakios from Lindos and the Athena cult of the mother city was brought to Phaselis. Thereafter the Phaselitai dedicated the helmets and sickles to Athena Lindia upon which was inscribed, “Having taken them from the Solymoi, the Phaselitai offered them to Athena Lindia, when Lakios was the leader of the colonists”. In addition to this, the other evidence concerning the presence of Athena in the city confirms that this deity was the chief goddess of Phaselis. During the Classical, and especially in the Hellenistic Period, depictions of Athena’s owl, of her Palladion and of Athena Promachos are found. As mentioned above, the epithet Polias usually draws attention to a city’s acropolis with the temple of Athena Polias located there. In the case of Phaselis, the find spot of these votive inscriptions, reused in a wall of a tower that was built in defense of the acropolis, provides an additional indication for the localization of Athena’s temple to the acropolis. This temple most probably was on the acropolis where there are the ruins of a columned building and large ashlar blocks possibly indicating the site of a temple; however, due to the dense vegetation and in the absence of excavations, at present this localisation cannot be stated with certainty. Another reference indicating that Athena Polias was the chief deity of the city was the presence of a holy relic in the Temple of Athena, the spear of the hero of the Trojan War Achilles. During his campaign against the Persians, Alexander the Great stayed in Phaselis in the winter of 334/333 B.C. and he left Achilles’ spear in the Temple of Athena at Phaselis. During the Hellenistic Period, Hellenistic Kings were mentioned with the chief deities of the Archaic and Classical periods as were the emperors in Roman Imperial Period. And according with this practice, the boule and demos of Phaselis worshipped Athena Polias together with the deified emperors, known from an honorific inscription for a certain Ptolemaios. Evidence from the Late Roman Period, especially from the IIIrd century A.D., records the Palladeios agons (ἀγὼν Παλλάδειος) were held in the city in honour of the Goddess Athena. Consequently, philological, epigraphic as well as numismatic evidence shows the Goddess Athena was the chief deity of the city of Phaselis from the Archaic Period into the Late Roman Period. As the epithet Polias on this votive inscription indicates, the goddess had a temple which should be located on the acropolis where the holy relic (Achilles’ spear) was kept and where the officials of the goddess conducted their functions. This new votive inscription provides record of the role Athena occupied in this early post-colonisation period of the city’s political and socio-cultural history. Further, it is also a physical document dating from the city’s Late Archaic-Early Classical Period, aiding in the evaluation of both Phaselis and of the wider region’s history of settlement. (shrink)

"A Progress of Sentiments is a pleasure to read in every way. The book itself is attractively printed and produced. (It includes, for example, some well reproduced and unusual portraits of Hume, a useful chronology of Hume's life, and a carefully organized and comprehensive index.) Baier writes in a lively, smooth, and clear manner. She entirely avoids jargon and needless technicalities. The commentary and discussion is full of insight and interesting observations on the details of Hume's philosophy. The general interpretation (...) that is argued for presents the substance of the Treatise in a rather new light. Baier's theses and claims concerning Hume's thought are effectively defended and well supported. This is a study which can be recommended both to students who are coining to Hume's work with little background knowledge, and also to the established Hume scholar who is thoroughly familiar with the territory that Baier is covering. Anyone who reads this book with the care that it deserves will learn a great deal from it.". (shrink)

Lady Gaga’s celebrity DNA revolves around the notion of monstrosity, an extensively researched concept in postmodern cultural studies. The analysis that is offered in this paper is largely informed by Deleuze and Guattari’s notion of monstrosity, as well as by their approach to the study of sign-systems that was deployed in A Thousand Plateaus. By drawing on biographical and archival visual data, with a focus on the relatively underexplored live show, an elucidation is afforded of what is really monstrous about (...) Lady Gaga. The main argument put forward is that monstrosity as sign seeks to appropriate the horizon of unlimited semiosis as radical alterity and openness to signifying possibilities. In this context it is held that Gaga effectively delimits her unique semioscape; however, any claims to monstrosity are undercut by the inherent limits of a representationalist approach in sufficiently engulfing this concept. Gaga is monstrous for her community insofar as she demands of her fans to project their semiosic horizon onto her as a simulacrum of infinite semiosis. However, this simulacrum may only be evinced in a feigned manner as a (dis)simulacrum. The analysis of imagery from seminal live shows during 2011–2012 shows that Gaga’s presumed monstrosity is more akin to hyperdifferentiation as simultaneous employment of heterogeneous and potentially dissonant inter pares cultural representations. The article concludes with a problematisation of audience effects in the light of Gaga’s adoption of a schematic and post-representationalist strategy in the event of her strategy’s emulation by competitive artists. (shrink)

On 17 February 2008, the province of Kosovo formally declared its independence from Serbia. The most important normative theories of secession - choice theories and just cause theories - appear to justify the creation of a second Albanian state on the Balkans. Kosovo’s independence reflects the will of the vast majority of its inhabitants and can be seen as a remedy for grave human rights violations in the era of Slobodan Milosevic. Two problems, however, need to be thoroughly discussed. Firstly, (...) the secession of Kosovo may establish a precedent for other separatist conflicts and contribute to the destabilization of south-east Europe and other world regions. Secondly, the new political authorities in Pristina may not be capable to protect the Serb minority against discrimination and repression. It is argued that both problems give no conclusive reasons to reject Kosovo’s claim for independence. However, some aspects of the secession, for instance the maintenance of the provincial borders, are considered to be illegitimate. (shrink)

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

Functionalists hold that the territorial rights of states are grounded solely in their successful performance of their morally mandated functions. In this paper, I defend a distinctive functionalist view of the right of territorial jurisdiction. I develop this view over the course of considering a variety of objections to functionalism that arise from reflection on cases of non- violent and otherwise rights-respecting annexation. Functionalism’s critics argue that it is committed to counterintuitive implications in these cases, as it is (...) unable to explain why the usurper states do not gain rights over the territory they take over. Against these critics, I argue that functionalism can in fact deliver intuitively plausible verdicts regarding: (a) the territorial rights of unsuccessful states; (b) the morality of military occupation; and (c) the appropriate response to past territorial injustices. (shrink)

Legal systems often rule that people own objects in their territory. We propose that an early-developing ability to make territory-based inferences of ownership helps children address informational demands presented by ownership. Across 6 experiments (N = 504), we show that these inferences develop between ages 3 and 5 and stem from two aspects of the psychology of ownership. First, we find that a basic ability to infer that people own objects in their territory is already present at age 3 (Experiment (...) 1). Children even make these inferences when the territory owner unintentionally acquired the objects and was unaware of them (Experiments 2 and 3). Second, we find that between ages 3 and 5, children come to consider past events in these judgments. They move from solely considering the current location of an object in territory-based inferences, to also considering and possibly inferring where it originated (Experiments 4 to 6). Together, these findings suggest that territory-based inferences of ownership are unlikely to be constructions of the law. Instead, they may reflect basic intuitions about ownership that operate from early in development. (shrink)

Most treatments of territorial rights include a discussion (and rejection) of Locke. There is a remarkable consensus about what Locke’s views were. For him, states obtain territorial rights as the result of partial transfers of people’s property rights. In this article, I reject this reading. I argue that (a) for Locke, transfers of property rights were neither necessary nor sufficient for territorial rights and that (b) Locke in fact held a two-part theory of territorial rights. I (...) support this reading by appealing to textual and contextual evidence. I conclude by drawing a lesson from Locke’s views for current debates on territorial rights. (shrink)

Some collateral harms affecting enemy civilians during a war are agentially mediated – for example, the US-led invasion of Iraq in 2003 sparked an insurgency which killed thousands of Iraqi civilians. I call these ‘collaterally enabled harms.’ Intuitively, we ought to discount the weight that these harms receive in the ‘costs’ column of our ad bellum proportionality calculation. But I argue that an occupying military force with de facto political authority has a special obligation to provide minimal protection to the (...) civilian population. As a result, when an occupying military force collaterally enables a harm affecting the civilian population, the weight that the harm ought to receive in the ad bellum proportionality calculation is unaffected by the fact that the harm is agentially mediated – it ought to be weighed at least as heavily as those harms that the occupying force collaterally commits directly. As a result, satisfying the ad bellum proportionality constraint in wars of territorial occupation is more difficult than it has been thought. (shrink)