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

This chapter presents the reception of Leo Strauss by analytic philosophers after Strauss’s emigration to the United States. It gives a brief survey of the polemics against Strauss and his school by analytic philosophers, which aided in the self-constitution of analytic philosophy as a rival school of thought in philosophy. But most of the chapter is devoted to recovering the significance and influence of a criticism of Strauss by Ernest Nagel. The chapter argues that this response is of intrinsic interest (...) because it involves the relationship between science and values. Nagel’s response was foundational to Felix Oppenheim’s political philosophy or what Oppenheim called his project of ‘conceptual reconstruction.’ Lurking in Oppenheim’s response to Strauss are questions about the role of the principle of sufficient reason in philosophy. Rge chapter argues that an opportunity was missed to clarify questions pertaining to the inductive risk of philosophy more than a half century before these issues became fashionable again. (shrink)

In here, philosophical-literate thinking on the way is mainly tried. On one side, making a philosophical analysis of Heraclitus’ fragment 60 is aimed. The different views on what Heraclitus might have meant in this article which is generally translated as the way up and the way down are one and the same are examined. On the other side, with a reading of Robert Frost’s famous poem of Road Not Taken, it has been tried whether a phenomenological interpretation of (...) the way based on passenger is possible or not. It has been researched if there is a common ground or not where this fragment and poem -which exhibit two different views on the way- have met each other. This fragment and poem has been linked together on the context of essentiality of the passenger for the way. (shrink)

When Kant begins his judgements of beauty in several step eventually, we reach a nexus to which taste and a certain subjectivity is taken into account. But at the end of the day we ask ourselves why is it beautiful? There are certain objects such as tragic poems and video games that are beautiful deemed beautiful. In this essay I will explore the tension created by Kant’s judgements of beauty and the beauty of tragedy through the medium of poetry (...) and video games. Mary Mothersill’s (2004) Beauty and the Critics Judgment: Remapping Aesthetics article brings together how word itself authorizes the notion of beauty from which Kant’s own struggle with this tension is further unresolved. This important development is brought into the forefront when we treat art as an epistemic experience much like how John Dewey (1934) wrote in his book Art as Experience. By framing this with Georg Trakl’s poem Grodek and Hideo Kojima’s video game Death Stranding, we see that Kant’s judgments show an understanding of the beauty of tragedy. (shrink)

In this chapter, I deal with some of the reasons why the United States should not institute any implicit or explicit religion-based tests as grounds for immigration. I argue it is extremely impractical to formulate and execute a test that would be effective in rooting out extremists. However, even if such a test could be devised, immigration requirements that link religion to belonging inevitably foster an irrational fear of an entire group of people as perpetual outsiders. Furthermore, religion-based immigration tests (...) set up a state apparatus where the government surveils its residents for their thoughts and beliefs. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...) our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

Goodman draws together, in this memoir, his explorations of meaning and coincidence, and his lived experiences of chance, and his professional experiences teaching, writing, and consulting about risk. The book opens by describing the author's life-changing encounter with a Zen Buddhist monk in 1977, over a cup of tea. Returning to his beginnings, Goodman recounts his coming-of-age, from participating the 1960’s U.S. protests and Vietnam-War resistance, to finally settling down in Canada. He describes his role in a supporting, silent vigil (...) around Willard Straight Hall at Cornell University, the night after it had been occupied by protestors, and his later application for Conscientious Objector status, following the U.S. draft lottery in 1969. He reflects on the challenges and changes on his road taken, in his career and personal relationships, and in spiritual searches, to share some insights about the seamless nature of chance, and about seeing a Both/And perspective in life that encourages openness to possibilities. -/- . (shrink)

................English....................... The purpose of this study is to reveal university students’ perceptions regarding Holy Qur’an through metaphors. The survey group of study consists of 194 participants who were studying in Theology Department and Social Service Department at Gümüşhane University in the 2014-2015 academic terms. Both quantitative and qualitative methods are used together. The study’s data was collected through a form with the phrase “The Holy Qur’an is similar/like…, because...” and some demographical variables. The Content Analysis Technique was used to interpret (...) data. Results of this study determined that 44 different metaphors regarding Holy Qur’an were given by participants. Theme of these metaphors were compiled as 9 categories consisting of directional, life source, explanatory, key, protective, curative, instructive, speech, and other categories. Top metaphors are in the directional, life source and explanatory categories. Key words are metaphor, perception, The Qur’an perception, religious concepts, and religious symbols. Getting data through comprehensive and in-dept analysis can help to have information about concepts of holy books in the human mind. The purpose of this study is to pick out perceptions of university students with regard to the Holy Qur’an through metaphors. For this reason, these questions are searched by researchers: 1) What are the metaphors which used by university students on description of perceptions regarding the Holy Qur’an? 2) How are the metaphors regarding the Holy Qur’an categorized in terms of common characteristics which produced by university students? 3) Are there any links between socio-demographic variables and composed metaphoric categories? One of the qualitative data collection technics, data collecting through metaphors method is used, and is asked open-ended question in the study. Picking up similarities and diversities under thematic topics is quite easy in the method. Therefore, this method has a functional feature in the sociology, psychology and anthropology, and it gives a wealthy and qualified image about matter, phenomenon, event and situation (Yıldırım & Şimşek 2005, 212). The target population of the study consists of students who were taking education at Gümüşhane University. Easily accessible and availability principles pursued in the sample choosing. In the distribution of participants according to the demographical features, females have 61.9 percent (n:120) and males have 38.1 percent (n:74) in terms of gender. Students who graduated from religious vocational high school is 61.3 percent (n:119), and others who from other high schools is 38.7 percent (n:75) in terms of graduated from different high schools. Students in theology department have 68.0 percent (n:132), and students who were educated in the social service department have 32.0 percent (n:62). Research data is gathered through survey form includes “The Holy Qur’an is like/similar to…, because…” sentence and demographical variabilities. Data, gathered from 194 survey forms, is transferred to the Excel and the SPSS program. In an attempt to reliability of study, gathered metaphors is examined by four area expert. Frequencies (f) and percentages (%) is taken into consideration in the process of replacing metaphors to the tables. Data analysis technique is used on the getting relationships and explaining gathered data, while content analysis technique is used on the interpreting of data. The SPSS program is used in the analysis of quantitative data. Obtained data from the surveys and composed categories is associated with descriptive statements in the verses of the Holy Qur’an. In the composed categories demonstrate distribution of produced 44 different metaphors with regard to the Holy Qur’an as 9 categories. According to this, the sample is represented in the categories as 64.4 % (f:125) is in the ‘directional’, 11.3 % (f:22) is in the ‘life source’, 7.7 % (f:15) is in the ‘explanatory’, 3.1 % (f:6) is in the ‘key’, 3.1 % (f:6) is in the ‘protective’, 2.1 % (f:4) is in the ‘curative’, 2.1 % (f:4) is in the ‘instructive’, 2.1 % (f:4) is in the ‘speech’ and 4.1 % (f:8) is in the ‘other’ categories. Distributions of composed categories are represented according to common characteristics as frequencies and percentages in the next tables. In the distribution of produced metaphors in the ‘directional’ category, university students produced 7 different metaphors (f:125). Frequencies of produced metaphors in the category are such that: guide (f:41), advisor (f:25), mentor (f:19), compass (f:16), road map (f:8), route (f:3) and other (f:13). According to the result, it is understood that aspects of guide, advisor, mentor and compass stood mostly out in the category. In the ‘life source’ category, 6 different metaphors (f:22) is developed by participants. Developed metaphors’ frequencies in the category are the following: life (f:4), lifeblood (f:4), weather (f:2), water (f:2), inheritance (f:2) and others (f:7). So, life and lifeblood aspects stood mostly out in the category. In the ‘explanatory’ category, 5 different metaphor (f:15) is developed by participants. Frequencies of produced metaphors in the category are such that: light (f:5), sun (f:3), flashlight (f:2), torch (f:2) and other (f:3). According to the result, it is understood that aspects of light and sun stood mostly out in the category In the ‘protective’ category, 5 different metaphors (f:6) is developed by participants. Frequencies of produced metaphors in the category are such that: saver (f:2), lifeguard (f:1), hereafter-saving (f:1), escapeway (f:1) and branch to catch (f:1). According to the result, it is understood that aspect of saver stood mostly out in the category. In the ‘instructive’ category, 4 different metaphors (f:6) is developed by participants. Frequencies of produced metaphors in the category are such that: reference book (f:1), dictionary (f:1), priceless book (f:1) and life encyclopedia (f:1). In the ‘speech’ category, it is seen that 4 different metaphors (f:6) is developed by participants. Frequencies of produced metaphors in the category are such that: divine message (f:1), speaking truth (f:1), Allah’s dialogue with us (f:1) and final word (f:1). In the ‘key’ category, 3 different metaphors (f:6) is developed by participants. Frequencies of produced metaphors in the category are such that: a key (f:4), the key of heaven (f:1) and the key of salvation (f:1). In the ‘curative’ category, 2 different metaphors (f:4) is developed by participants. Frequencies of produced metaphors in the category are such that: a pill (f:3) and doctor (f:1). In the ‘others’ category, 8 different metaphors (f:8) is developed by participants. Frequencies of produced metaphors in the category are such that: world (f:1), the friend of lonely passenger (f:1), the tree with fruit (f:1), hereafter (f:1), priceless treasure (f:1), miracle (f:1), philosophy (f:1) and mirror (f:1). Participants composed of 44 different metaphors regarding the Holy Qur’an. The metaphors were summed up in the 9 categories as ‘directional’, ‘life source’, ‘explanatory’, ‘key’, ‘protective’, ‘curative’, ‘instructive’, ‘speech’ and ‘other’ To results of the study; guide, advisor, mentor and compass aspects of the Qur’an came into prominence at most in the ‘directional’ category, when life and lifeblood aspects of the Qur’an came into prominence at most in the ‘life source’ category. Light and sunny aspects of the Qur’an came into prominence at most in the ‘explanatory’ category, while saver aspect of the Qur’an came into prominence at most in the ‘protective’ category. Instructive aspect of the Qur’an came into prominence at most in the ‘instructive’ category. Speech aspect of the Qur’an came into prominence at most in the ‘speech’ category, while key aspect of the Qur’an came into prominence at most in the ‘key’ category. Moreover, pill aspect of the Qur’an came into prominence at most in the ‘curative’ category. Whatsoever world, friend of single traveler, tree with fruit, hereafter, priceless treasure, miracle, philosophy and mirror aspects of the Qur’an came into prominence at most in the ‘other’ category. It is inferred that significant relationships between demographic variables and metaphor categories. In terms of major variable; theology students were composed of more metaphor in the ‘explanatory’ and ‘instructive’ categories, while social service students were composed of more metaphor in the ‘life source’ category. In terms of gender variable; females composed of more metaphor in the ‘curative’ and ‘other’ categories, while males composed of more metaphor in the ‘directional category. In terms of graduating high school variable, students who graduated from religious vocational high school composed of more metaphor in the ‘key’ and ‘speech’ categories, when students who graduated from other high school composed of more metaphor in the ‘directional’ category. Whatsoever, in terms of having the Qur’an education in their life status variable, had the Qur’an education in their life students composed of more metaphor in the ‘curative’ and ‘other’ categories, while other group composed of more metaphor in the ‘directional’. Moreover, in terms of perception of subjective religiousness, students who think themselves are ‘religious’ composed of more metaphor in the ‘key’ and ‘other’ categories, while students who think themselves are ‘less religious’ composed of more metaphor in the ‘explanatory’ category. In terms of perception of family religiousness, students who think own family ‘less religious’ composed of more metaphor in the ‘directional’ and ‘life source’ categories, when students who think own family ‘religious’ composed of more metaphor in the ‘key’ category. It can be suggested by the results of this study; perception of the Qur’an can be studied with the different study techniques, or it can be studied in the different research groups with the same technique. Muslims’ perceptions regarding the Holy Qur’an can be examined with intercultural comparative studies. Perceptions regarding the Holy Qur’an can be researched through interviews. Members’ perception regarding holy book that have different religious faith can be comparatively examined. Individuals’ perceptions regarding different religious concepts can be studied through metaphors. .................. Turkish...................Bu araştırmanın amacı üniversite öğrencilerinin Kur’an-ı Kerim’e ilişkin algılarını metaforlar aracılığıyla ortaya çıkarmaktır. Araştırmanın çalışma grubunu, 2014-2015 eğitim öğretim yılında Gümüşhane Üniversitesi İlahiyat Fakültesi ve Sosyal Hizmetler bölümünde öğrenim gören 194 katılımcı oluşturmaktadır. Araştırmada nitel ve nicel yöntemler birlikte kullanılmıştır. Araştırma verileri, “Kur’an-ı Kerim……gibidir, çünkü……” cümlesini ve demografik değişkenleri içeren bir form aracılığıyla toplanmıştır. Verilerin analizi ve yorumlanmasında içerik analizi tekniği kullanılmıştır. Araştırmada Kur’an’a ilişkin 44 farklı metafor geliştirildiği tespit edilmiştir. Bu metaforlardan ‘yönlendirici’, ‘yaşam kaynağı’, ‘açıklayıcı’, ‘anahtar’, ‘koruyucu’, ‘öğretici’, ‘derman’, ‘kelam’ ve ‘diğer’ olmak üzere 9 farklı kategori oluşturulmuştur. Üretilen metaforların ‘yönlendirici’, ‘yaşam kaynağı’ ve ‘açıklayıcı’ kategorilerinde yoğunlaştığı görülmüştür. Demografik değişkenler ile metafor kategorileri arasındaki ilişkiyi ortaya çıkarmak araştırmanın ikincil amaçlarındandır ve bu yönüyle sonuçlar değerlendirildiğinde değişkenler ile kategoriler arasında anlamlı ilişkiler olduğu tespit edilmiştir. Demografik değişkenler ile kategori ilişkisinde fakülte değişkeni açısından ilahiyat öğrencileri ‘açıklayıcı’ ve ‘öğretici’ kategorilerinde daha fazla metafor üretirken sosyal hizmet öğrencileri ‘yaşam kaynağı’ kategorisinde daha fazla metafor üretmiştir. Cinsiyet değişkeni açısından ise kız öğrenciler ‘derman’ ve ‘diğer’ kategorilerinde daha fazla metafor üretirken erkek öğrenciler ‘yönlendirici’ kategorisinde daha fazla metafor üretmiştir. Lise mezuniyeti açısından bakıldığında da İHL’den mezun olanlar ‘anahtar’ ve ‘kelam’ kategorilerinde daha fazla metafor üretirken diğer lise mezunları ‘yönlendirici’ kategorisinde daha fazla metafor üretmiştir. Kur’an Kursu eğitimi alma değişkeni açısından ise Kur’an kursu eğitimi alanlar ‘derman’ ve ‘diğer’ kategorilerinde daha fazla metafor üretirken Kur’an Kursu eğitimi almayanlar ‘yönlendirici’ kategorisinde daha fazla metafor üretmiştir. Ayrıca öznel dindarlık ve aile dindarlık algılarıyla metafor kategorileri arasında da anlamlı ilişkiler elde edilmiştir. (shrink)

At the end of the 19th century, most professional historians – wherever they existed – deemed history to be a form of knowledge ruled by a method that bears no resemblance with those most commonly traceable in the natural sciences. The bulk of the historian’s task was then frequently regarded as being the application of procedures frequently referred to as ‘historical method’. In the context of such an emerging interest on historical methods and methodology, at least three textbooks stand out: (...) Johann Gustav Droysen’s Grundriss der Historik (Outline of the Theory of History), Ernst Bernheim’s Lehrbuch der historischen Methode (Handbook of Historical Method), and Charles Langlois and Charles Seignobos’s Introduction aux études historiques (Introduction to the Study of History). These books were quite influential in Germany, France, and elsewhere, and they very much helped promote a general idea of historical method that would become relatively consensual among historians of many nationalities by the early 20th century. Such a relative agreement on historical method sponsored both the communication and the development of a sense of disciplinary identity among historians trained within different and sometimes conflicting national traditions. It was then partially extended, partially challenged, and surely made more complex when, from the 1920s on, social and economic historians became a good part of the historiographical establishment in many countries. -/- The three books by Droysen, Bernheim, and Langlois and Seignobos were already pieced together by Rolf Torstendahl, who studied them as a group of texts that, despite their differences, contributed to shape the developments outlined above. However, Torstendahl’s primary aim was to show how Droysen, Bernheim, and Seignobos all resorted to ‘method’ as a way to circumvent skepticism against the possibility of historical knowledge, rather than investigate the internal interrelationships between the three texts. In this chapter I follow precisely this latter, not yet taken, road, focusing on crucial cross-references between the Grundriss, the Lehrbuch, and the Introduction. I intend to show that, at a general level, the schemes of historical method found in these texts are largely convergent, and that this convergence is due to Bernheim’s reading of Droysen and to Langlois and Seignobos’s reading of Bernheim. I will attempt to do it through a regressive approach that starts with an analysis of the Introduction. Aspects of the editorial history and circulation of the three texts will also be briefly addressed, as a way to illustrate their special importance within the framework of early 20th century historical theory. Because my argument calls for a focus on the most general lines of Droysen’s, Bernheim’s, and Langlois and Seignobos’s schemes of historical method, I will, for the sake of consistency, refrain from analysing in-depth the complex epistemological and ontological arguments in which those schemes are nested. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

The New Labour we got was different from the New Labour that might have been, had the reform agenda associated with stakeholding and pluralism in the early-1990s been fully realised. We investigate the road not taken and what it means for ‘one nation’ Labour.

Anton Marty (1847-1914) is known to be the most faithful pupil of Franz Brentano. As a matter of fact, most of his philosophical ideas find their source in the works of his master. Yet, the faithfulness of Marty is not constant. As the rich correspondence between the two thinkers shows, Marty elaborates an original theory of intentionality from ca. 1904 onward. This theory is based on the idea that intentionality is a process of mental assimilation (ideelle Verähnlichung), a process at (...) the core of which lies a sui generis relation of “ideal similitude” holding between a thinking subject and its object. This study spells out the Martyian notion of mental assimilation and traces back Marty’s evolution from his earlier position (prominently described in the recently published Deskriptive Psychologie of 1893-1894) to his final view as it is found in the Untersuchungen of 1908. It turns out that besides Brentano, Husserl is a key figure in that evolution. Such a “genetic”elucidation of Marty’s last theory is required in order to reach the main goal of this paper, namely: the clarification of Marty’s degree of dependence upon Brentano with respect to the theory of intentionality. That being said, we do not merely intend to compare the mature Marty with Brentano: our “genetic” considerations will also allow us to describe the interaction between the two thinkers before 1904. Accordingly, we begin by presenting Brentano’s own position on intentionality in discussing its two currently competing readings, namely the “discontinuist” and the “continuist” one. Against a recent interpretation, we argue that Marty’s endorsement of a “discontinuist” reading is not based on a misunderstanding of Brentano’s position. (shrink)

The paper offers a philosophically infused analysis of Cormac McCarthy’s The Road. The main idea is that McCarthy’s novel is primarily a statement on the meaning of life. Once this idea is argued for and endorsed, by using a parallel between The Road and a 19th century Hungarian dramatic poem, The Tragedy of Man, the paper goes on to argue that the most plausible – although admittedly not the only possible – interpretation of The Road is that (...) it advocates a religious account of the meaning of life that is able to accommodate all other possible interpretations of how the question of meaning figures in the novel. (shrink)

-/- The closing paragraph of Cormac McCarthy’s The Road hums with mystery. Some find it suggestive of renewal, though only vaguely. Others contend that it does little to ameliorate the novel’s pessimism. Still others find it offers both lamentation and hopefulness, while some pass it over in silence. As an admirer with a taste for puzzle solving, here I offer a new interpretation revealing a surprisingly optimistic denouement.

The purpose of this article is to explore the close link between technology and death in the philosophical writings of Lewis Mumford. Mumford famously argued that throughout the history of western civilization we find intertwined two competing forms of technics; the democratic biotechnic form and the authoritarian monotechnic form. The former technics were said to be strongly compatible with an organic form of life while the latter were said to be allied to a mechanical power complex. What is perhaps less (...) well known is the extent to which Mumford characterizes the authoritarian technical form as being a technics of death. This article will argue that the connection between death and technics is a key theme in Mumford’s philosophy of technology. In addition to elaborating this theme and detailing how it informs Mumford’s other positions on the nature of technology, this article will also argue that Mumford’s theory of a technics of death bears witness, both implicitly and explicitly, to the influence of Sigmund Freud’s theory of the death instinct. Freud’s account of the death instinct will be outlined briefly and its influence on Mumford’s writings will be explained. Death, in Mumford’s technological writings, has a generally negative function and serves to warn humanity of the perilous course that its technological civilization is set upon. However it also has a positive function in that it encourages man to transcend its biological existence in acts of creativity and purpose. Death, in this positive sense, serves the purpose of life whereas, in the negative sense, it hinders it. The role of death, in both aspects, will be explored and related to Mumford’s overall perspective on technics and life. It is argued that Mumford’s philosophy of technology cannot be fully understood without an awareness of his views on death and its role in the life of technological society. (shrink)

Menas is a term that has attracted a great deal of attention on the political scene in Spain at present. Although the term had a neutral usage originally, being an acronym for unaccompanied foreign minors, it has recently evolved into a term with clear negative connotations. This article explores what kind of term menas is today. Specifically, we will examine whether menas is a slur or an ESTI, an ethnic/social term used as an insult. First, we point out the most (...) defining characteristics of both types of terms. Then, using analyses on linguistic corpora, we show that menas exhibits the most defining characteristics of ESTIs. We end by discussing the possible evolution of the term, pointing out that, although the term presents the features related to ESTIs, there are two possible scenarios. On the one hand, the term may retain its neutral uses and thus remain an ESTI. On the other hand, the neutral uses may disappear, and thus the term may become a slur. (shrink)

In this paper I tell the story of the evolution of the climate change regime, locating its origins in "the dream of Rio," which supposed that the nations of the world would join in addressing the interlocking crises of environment and development. I describe the failure at Copenhagen and then go on to discuss the "reboot" of the climate negotiations advocated by Eric A. Posner and David Weisbach. I bring out some ambiguities in their notion of International Paretianism, which is (...) supposed to effectively limit the influence of moral ideals in international affairs, and pose a dilemma. I go on to discuss the foundations of their views regarding climate justice, arguing that the most reasonable understandings of their favored theoretical views would not lead to some of their conclusions. Finally, I return to the climate regime, and make some observations about the road ahead, concluding that for the foreseeable future the most important climate change action will be within countries rather than among them. (shrink)

Praised for its reliance on observation rather than myth, the Milesian school signals the dawn of science in the West. Whereas Hesiod appeals to the long ago and far away to explain the here and now, Thales and his cohorts do the reverse. In this reversal, we are their thankful, even faithful heirs. But with Hesiod not everything is myth and hearsay. Indeed, Hesiod singles himself out by name as the bearer of a powerfully poetic and distinctly human wisdom that (...) he consistently contrasts with Zeus’ divine wisdom. In this article, the author argues that the Milesians attempt to gain access to divine wisdom, and thus disregard the ambiguities characteristic of human wisdom. One sees this especially in a tension between Thales’ political wisdom and natural philosophy, and later between Anaximander’s cosmology and cosmogony. The author concludes that Heraclitus appears to have been the first thinker to confront the Hesiodic worldview on its own terms, inasmuch as his attempt to bridge the divide between divine and human wisdom always keeps one eye on the ambiguities that pervade human experience. (shrink)

This article is a review of R.L Park's Voodoo Science: The Road from Foolishness to Fraud.

G.E.M. Anscombe famously remarked that an adequate philosophy of psychology was needed before we could do ethics. Fifty years have passed, and we should now ask what significance our best theories of the psychology of agency have for moral philosophy. My focus is on non-moral conceptions of autonomy and self-governance that emphasize the limits of deliberation -- the way in which one's cares render certain options unthinkable, one's intentions and policies filter out what is inconsistent with them, and one's resolutions (...) function to block further reflection. I argue that we can expect this deliberative "silencing" to lead to moral failures that occur because the morally correct option was filtered out of the agent's deliberation. I think it follows from these conceptions of self-governance that we should be considered culpable for unwitting acts and omissions, even if they express no ill will, moral indifference, or blameworthy evaluative judgments. The question is whether this consequence is acceptable. Either way, the potential tradeoff between self-governance and moral attentiveness is a source of doubt about recent attempts to ground the normativity of rationality in our concern for self-governance. (shrink)

Road accidents are as same as fatal than domestic violence in Portugal.

Crossing the road within the traffic system is an example of an action human agents perform successfully day-to-day in complex systems. How do they perform such successful actions given that the behaviour of complex systems is often difficult to predict? The contemporary literature contains two contrasting approaches to the epistemology of complex systems: an analytic and a post-modern approach. We argue that neither approach adequately accounts for how successful action is possible in complex systems. Agents regularly perform successful actions (...) without obeying (explicit or implicit) algorithmic rules (as the analytic approach suggests) and without an existential leap to action (as the post-modern approach suggests). We offer an alternative: A common-sense pragmatist epistemology, one that focuses on the kind of actions making up most agents’ successful moment-to-moment actions in complex systems. Successful actions obtain when agents apply ceteris paribus rules-of-thumb during predictive and decisional practices while achieving some desired goal. (shrink)

Although molecular biology, genetics, and related special disciplines represent a large amount of empirical data, a practical method for the evaluation and overview of current knowledge is far from being realized. The main concepts and narratives in these fields have remained nearly the same for decades and the more recent empirical data concerning the role of noncoding RNAs and persistent viruses and their defectives do not fit into this scenario. A more innovative approach such as applied biocommunication theory could translate (...) empirical data into a coherent perspective on the functions within and between biological organisms and arguably lead to a sustainable integrative biology. (shrink)

The paper offers a philosophically infused analysis of Cormac McCarthy’s The Road. The main idea is that McCarthy’s novel is primarily a statement on the meaning of life. Once this idea is argued for and endorsed, by using a parallel between The Road and a 19th century Hungarian dramatic poem, The Tragedy of Man, the paper goes on to argue that the most plausible – although admittedly not the only possible – interpretation of The Road is that (...) it advocates a religious account of the meaning of life that uses what I call a practical conception of God (that borrows some of its aspects from Kant’s philosophy of religion). (shrink)

Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s will (...) by threatening to inflict harm, in the absence of general rules of conduct. According to the logic of the argument, welfare-state provisions are not coercive insofar as they do not allow the identification and discriminatory treatment of individuals. By contrast, we claim that a structure of coercion is likely to emerge from the command-and-control nature of protectionist institutions and immigration restrictions currently advocated by the radical right. (shrink)

For individual researchers and academics, research outputs are a crucial asset that enables public gaining of recognition and acknowledgments of their expertise. For institutions, industry sectors, and countries, scientific publications serve a more critical role, being a measure and an index that indicates scientific development and competitiveness. As a country that is transitioning to modernization and industrialization, Vietnam recognizes science and education as the driving force for its socio-economic development. The government has made sizeable efforts to enhance the research capacity (...) for research institutes and higher education establishments across the country. This involves introducing policies that prioritize research activities and elevating research funding and monitoring schemes to some certain levels. (shrink)

Vietnam’s Higher Education Reform Agenda 2006-2020 made the promotion of research a critical priority for the country. This emphasis was underlined again in a later master plan, the Science and Technology Development Strategy 2011-2020.

A stream in transhumanism argues that the aims of Buddhism and transhumanists are akin. It is the case that transhumanism contains religious tropes, and its parallels to Christianity are readily apparent. It does not share much, however, with Buddhism’s Zen tradition. Zen tends to focus its practitioners on becoming fully present and human, not on becoming transcendent, super-powered, or posthuman. This paper explores some of the tensions between transhumanism and Buddhism through the lens of Zen, and suggests that transhumanist Buddhists (...) should be careful not to conflate moments of spiritual enlightenment with permanent techno-social transcendence. (shrink)

It is a common criticism of presentism – the view according to which only the present exists – that it errs against truthmaker theory. Recent attempts to resolve the truthmaker objection against presentism proceed by restricting truthmaker maximalism (the view that all truths have truthmakers), maintaining that propositions concerning the past are not made true by anything, but are true nonetheless. Support for this view is typically garnered from the case for negative existential propositions, which some philosophers contend are exceptions (...) to truthmaker maximalism. In this article, we argue that a ‘no truthmakers’ approach to the truthmaker objection is critically flawed. (shrink)

The classic success tales of this technique occurred within the nineteenth century U.S. Not like my earlier books, this is not a „how to guide“ however a collection of insights, advice, and stories from the highway, conveying the expertise of what it is like to quit your job, follow the road not taken, and journey the world making an attempt to discover who you might be and what the world has to supply.

Drawing a sample of 135 successful African immigrant-owned businesses, this paper sets out to investigate how their owners acquired the necessary capital for start-up and growth thereafter. The paper was designed within the quantitative and qualitative research paradigms, in which a triangulation of three methods was utilised to collect and analyze the data. The paper revealed that although African immigrants are characteristically at a disadvantage when it comes to accessing capital from formal financial institutions, this does not stop them from (...) pursuing entrepreneurial activities. At the start-up stage, they typically resort to personal savings, business credit, family credit, and loans from informal financial institutions. According to the ability to raise capital, we found that a varying range of start-up capital was utilised, which tended to vary across the different ethnic groups studied. Once started, we found that the sources of additional finance available to these immigrants did not change significantly. They conventionally turned to friends, co-ethnics and self-help financial associations to ‘feed’ their need for further funding. (shrink)

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

Some of the most threatening perspectives of our time are related to climate changes with Global Warming, caused by the emission of greenhouse gasses , and the severe pollution of the environment causing destruction of ecosystems and the extension of species. Recent scientific research points to an unusual increase in temperatures on earth seen in Al Gore’s film “An Inconvenient Truth ”. The climate changes are both natural and man-made; the topics here are the man-made problems among which consumer mentality (...) and overpopulation can be mentioned. Why are so many individuals ignoring the consequences of such selfish behavior? In spite of the warnings from scientists and ecological movements, the problems seem to be increasing. The domestication of nature in an artificial reality of modern times reduces humans to numbers and robots. Even though many of these conditions can be described as the consequences of the technological development, they also point to a sick society in which the connection between man and Nature has been lost. To a certain extend we are all responsible for what happens to the earth and ourselves because we are part of Nature. In order to find some answers man should look deeper into himself and his own passions. Such analysis is the task of this paper based on self-realization in subject-object relations with the appearance of self-consciousness and a third factor defined as God or Nature. The questions are: How can the link between man and Nature be re-established? How can each individual participate in changing the negative pattern? (shrink)

To improve road dealing with and passenger consolation of a vehicle, a suspension system is supplied. An active suspension system is taken into consideration better than the passive suspension system. In this paper, an active suspension system of a linear quarter vehicle is designed, that's issue to exclusive disturbances on the road. Since the parametric uncertainty within the spring, the shock absorber and the actuator has been taken into consideration, robust control is used. H∞ and µ-Synthesis (...) controllers of are used to improve using consolation and road dealing with potential of the vehicle, in addition to confirm the sturdy stability and overall performance of the system. In the H∞ design, we designed a driving force for passenger consolation and to preserve the deflection of the suspension small and to reduce the disturbance of the road to the deflection of the suspension. For the µ synthesis system, we designed a controller with hydraulic actuator and uncertainty model. We designed a MATLAB / SIMULINK model for the active suspension system with the H∞ and µ-synthesis controllers we tested the use of 4 road disturbance inputs (bump, random, sinusoidal pavement and slope) for deflection of the suspension, body acceleration and body travel for passive, active suspension with controller and active suspension without controller. Finally, we evaluate the H∞ and µ-synthesis controllers with a Simulink model for suspension deflection, body acceleration and body travel simulation, and the result suggests that both designs offer correct overall performance, however the H∞ controller has superior overall performance as compared to the µ-synthesis controller. (shrink)

To improve the street managing and passenger comfort of a vehicle, a suspension system is furnished. An active suspension device is considered to be better than the passive suspension device. In this paper, 2 degree of freedom of an active suspension system of a linear vehicle are designed, that's challenge to oneof-a-kind disturbances on the road. Since the parametric uncertainty inside the spring, the shock absorber, the mass and the actuator has been taken into consideration, robust control is (...) used. In this paper, H∞ and µ-synthesis controllers are used to enhance using consolation and the capability to force the car on the road. For the analysis of the time domain, a MATLAB script software become used and a check with 4 road disturbance inputs (bump, random, sinusoidal and harmonic) became carried out for suspension deflection, body acceleration and travel of the body for the energetic suspension with the H∞ controller and the active suspension with the µ-synthesis controller and the comparative simulation and the reference consequences display the effectiveness of the active suspension system with the µ-synthesis controller. (shrink)

Open theists deny that God knows future contingents. Most open theists justify this denial by adopting the position that there are no future contingent truths to be known. In this paper we examine some of the arguments put forward for this position in two recent articles in this journal, one by Dale Tuggy and one by Alan Rhoda, Gregory Boyd, and Thomas Belt. The arguments concern time, modality, and the semantics of ‘will’ statements. We explain why we find none of (...) these arguments persuasive. This wide road leads only to destruction. (shrink)

It has been said that we can't look the other in the eye in guilt. We don't have to be accused by another to feel we have failed her or him. The other need not be disappointed in us, nor even be aware of our failure at all. Guilt as self-blame would be the realization of our failure to behave in the way we expected of ourself, the hurt and disappointment we feel when we are not quite what we thought (...) we were. It would originate in a being-other-than what we expected, the sense of missed opportunity, of a mourning of a better fork in the road not taken. Guilt would register a sense of seeming self-regression or decadence in the momentum of one's experience. What, preliminarily, might we comment concerning the structure we've just sketched of a `twinge' of guilt, the feeling of ìetting oneself down? Let us at first locate the peculiar edge of guilt, as we have described it above, as its`I ought to have, should have, could have' way of thinking, our awareness that we failed to do what we were capable of, what we assumed we would. The proximity between that which one expected of oneself and one's apparent failure to live up to that standard would mark guilt as a gnawing, teasing puzzlement or surprise. Our falling away from another we care for could then be spoken of as an alienation of oneself from oneself. When we feel we have failed another, we mourn our mysterious dislocation from a competence or value which we associated ourselves with. It follows from this that any thinking of guilt as a `should have, could have' blamefulness deals in a notion of dislocation and distance, of a mysterious discrepancy within intended meaning, separating who we were from who we are in its teasing gnawing abyss. Guilt and sadness would seem to represent a plunge into the darkness of separation. As we have seen, for Derrida there would be guilt as an always implied within-trace effect determined by the origin of every event as other than itself in the instant of being itself. This within-trace sense of mourning would be an irreducible quasi-transcendental condition of experience. One disturbs and disappoints oneself in a certain sense at every moment. Then there would also be for Derrida the possibility of guilt, sadness and mourning as a momentum of between-trace relation marking our stumbling into experience marked by a sparse density of change. (shrink)

ABSTRACTThe close connection often cited between Hegel and Wilfrid Sellars is not only said to lie in their common negative challenges to the ‘framework of givenness,’ but also in the positive less...

Environmental activism is expected to improve society’s well-being and environmental sustainability. Nevertheless, some inappropriate ways of activism, like road blockage, art vandalism, assaults, etc., have been recently conducted and risked causing adverse repercussions, including violence escalation. The current study aims to explore which types of environmental activism are more likely to escalate violence between activists, affected citizens, and police. Bayesian Mindsponge Framework (BMF) analytics was employed to analyze a dataset of 89 blockage, vandalism, and harassment cases in 13 countries (...) in this exploratory study. We discovered that rallies and demonstrations, marches, event disruption, and art vandalism were less likely to escalate violence between protestors, other citizens, and the police. In contrast, road blockades and assaults are more likely to lead to violence escalation. Apart from those, sabotage was found to have an ambiguous relationship with the violence escalation. Based on these results, we suggest that climate activists should be more selective in adopting activism approaches to raise public awareness and support and avoid using tactics that might be counterproductive and reduce public backing, such as road blockage and assaults. Despite the negative impact of art vandalism on violence escalation, we also discussed why art vandalism should not be used since it can curb the effectiveness of artivism, showing misuse of artworks (e.g., paintings, music, films) for environmental activism. (shrink)

In accordance with Order No. 548 of the Ministry of Infrastructure dated December 21, 2015 “On measures for the development of road transport and the road economy for the period until 2020”, strategic directions and strategic development goals were developed. This is necessary to ensure the implementation of plans and the implementation of EU legislation in accordance with the Association Agreement. In accordance with the Order, the priorities were to reform the road sector and to ensure the (...) development and maintenance of the road network in good condition. It was also proposed to modify the existing road financing system. (shrink)

En el presente trabajo sostenemos que la teoría de la competencia que Rodríguez postula en su Teoría Analítica del Derecho (TAD) adolece de algunos problemas. El primero de ellos consiste en ser un enfoque reduccionista de la competencia (similar al de Bulygin y el de Ferrer), en el cual la competencia queda reducida a reglas determinativas que determinan potestades. Es dudoso que la competencia pueda reducirse a un único tipo de norma y el mismo Rodríguez parece albergar dudas a este (...) respecto. El segundo problema consiste en el rechazo que Rodríguez hace de la idea misma de regla constitutiva. Dicho rechazo a su vez se basa en un rechazo más general: el de las tesis de Searle sobre las reglas constitutivas. Sostenemos que rechazar las tesis de Searle no implica el tener que rechazar el concepto de regla constitutiva, que el problema de la competencia puede explicarse de una manera más completa acudiendo a la noción (ligeramente reformulada) de regla eidético-constitutiva de Amedeo Conte y que esto permite construir un sistema de normas que constituya de manera completa la competencia de los agentes jurídicos. A este tipo de sistemas lo llamamos “sistema constitutivo” y creemos que su implementación permite considerar un enfoque de la competencia más completo que el ofrecido en TAD, resolver la ambivalencia que Rodríguez parece tener frente a su propio enfoque y rescatar la idea de regla constitutiva de la condena que Rodríguez le aplica. (shrink)

In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a notable emphasis on (...) the significance of institutional factors in our understanding of the nature of legal decisionmaking; and I argue that Hart’s failure fully to develop this insight in the essay, or to build on it in his subsequent work, derives from the fact that such a development would have necessitated a diversion from the philosophical issues that were his core intellectual concern, and moreover would have presented certain dangers to his conception of legal positivism. I shall conclude by considering what contribution the essay makes to our overall interpretation and evaluation of Hart’s legal philosophy. (shrink)

This paper analyses how Vision Zero (VZ) efforts in New York City (NYC) account for equity and social justice implications of road safety work. VZ policy documents, research literature, popular science and opinion articles on road safety work in the city were studied with a prime focus on equity and social justice. Twelve semi-structured interviews with stakeholders involved in road safety and transport planning in the city and at national level were conducted to gain an in-depth understanding (...) of policy design, the adoption process, and the role of equity considerations in the city's road safety work. The results show that major equity and social justice issues arise in the adoption and implementation of VZ. These issues are primarily related to equity and fairness in the distribution of life saving interventions, the socio-economic impacts of road safety strategies, and the nature of community engagement in policy design and implementation. The findings point to a need for VZ practitioners to give due considerations to equity and social justice implications of VZ policies and strategies. Among others, it supports the need for understanding the nature of past equity and social justice problems in road safety and transport planning in the VZ policy design process. Moreover, the findings suggest the need for empirical studies on the socio-economic implications of VZ strategies and interventions. (shrink)

The spreading of false information on social media platforms is becoming increasingly common and thus, is creating an epistemic environment where people don’t know what to believe. Within this essay, I will argue that measures should be taken to address and reduce the spreading of false information on social media platforms, furthermore, accountability mechanisms should be implicated in order to do so.

The goal of the article is to substantiate that despite the criticism the paradigm in economics will not change because of the axiomatic assumptions of value-free economics. How these assumptions work is demonstrated on the example of Gary Becker’s economic approach which is analyzed from the perspective of scientific research programme. The author indicates hard core of economic approach and the protective belt which makes hard core immune from any criticism. This immunity leads economists to believe that they are objective (...) scientists and, consequently, it results in epistemological hubris. Due to its tautological nature, economic approach is considered to be a degenerative programme. This conclusion is extended on value-free economics. In spite of these problems, many economists still believe in positive economics and they dismiss normative approaches. It has a negative influence on people. The conclusion of the article is that thanks to axiomatic assumptions economists do not have objective and ironclad methodology and they should accept normative values in their research. (shrink)

The purpose of this article is to compare several street typologies (distributed from center to suburb) in Tirana, Albania while taking into consideration pedestrian behavior on these pathways. The streets "Myslym Shyri," "Bllok," "Kombinat" (an extension of Kavaja's Street), and "Ana Komnena" (formerly "Fusha e Aviacionit") will be the primary focus of this study. The following variables will be taken into account such as pedestrian behaviors, street identity, dissatisfaction, walking distance when shifting to another zone, effects of greenery on (...) pedestrians, time spent, points of interest, frequency, pavement quality, preferred walking periods, gathering places, utilization of benches, ambulant sellers, impact of vegetation and greenery, water basins, preference for public transportation, and road signs. Direct observations and a questionnaire will be used to determine the accurate information. The study should provide recommendations as guidance for municipalities and stakeholders to better understand the behavior of pedestrians in Tirana’s context. The streets that pedestrians frequent the most include the "Bllok" area and "Myslym Shyri" Street. The pedestrian resident population on "Myslym Shyri" street, which is dominated by people of all ages, including children, youth, and the elderly, has a slight advantage over the "Bllok" neighborhood. Furthermore, there is a wide variety of urban elements on Ana Komnena Street (formerly known as "Fusha e Aviacionit"). Meanwhile, the pedestrians on Kombinati’s street suffer a little bit more because of the traffic congestion and vehicle pollution. (shrink)

In Southeast Asian countries (SEA), road transport accounts for the main energy consumption and CO2 emission. Air pollution is a major concern in densely populated cities such as Bangkok, Manila, and Kuala Lumpur. The main objective of this paper is to give insights on trends of transport development, car ownership, and CO2 emissions in Southeast Asia. This study also attempts to review the successful transportation policies around the globe and to introduce the possible instruments that can help reduce air (...) pollution in Southeast Asian countries. Economic instruments to estimate the benefits of a cleaner environment due to new policies are introduced as well. The results of this research could help policy makers consider approaches that could internalize external costs of transportation and maximize the societal welfare. (shrink)