Results for 'Transnational Law'

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  1. Transnational Standards of Social Protection: Contrasting European and International Governance.Poul F. Kjaer & Christian Joerges (eds.) - 2008 - Oslo: ARENA.
    The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...)
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  2. The Transnational Constitution of Europe’s Social Market Economies: A Question of Constitutional Imbalances?Poul F. Kjaer - 2019 - Journal of Common Market Studies 57 (1):143-58.
    Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has (...)
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  3. Global Law as Intercontextuality and as Interlegality.Poul F. Kjaer - 2019 - In The Challenge of Inter-legality. Cambridge, UK: pp. 302-318.
    Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...)
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  4.  31
    为何关注证立?超国家脉络下的公共权力结构 - Why Justification? The Structure of Public Power in Transnational Contexts.Poul F. Kjaer - 2021 - 清华法治论衡 - Tsinghua Journal of Rule of Law 27:345 - 60.
    近年来, 围绕与各种超国家发展态势相关的正义问题, 学界展开 了热烈的讨论? 在这个特殊的主题上, 除了其他同样引人注目的研 究之外, 持续的争论主要受到分析哲学的启发, 在规范性的研究领域 内进行。本文选择了一条受社会学启发的不同路径, 运用社会理论 和法律理论, 反思为何出现了这种关注证立问题的转向。因此. 本文 聚焦作为社会现象的证立和证立的社会实践, 亦即证立活动的实际 展开, 而不是聚焦诉诸正义理论的哲学推理的逻辑一致性。这当然 不是说, 哲学的推理与理解正义无关, 也当然不是说. 哲学与社会学 两种路径存在根本的矛盾。毋宁说, 本文可以被视为对主要运用哲 学推理方法的既有研究的补充, 可能为超国家脉络下的正义问题和 证立问题提供更扎实的理论反思? .
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  5.  45
    Socially Necessary Impact/Time: Notes on the Acceleration of Academic Labor, Metrics and the Transnational Association of Capitals.Krystian Szadkowski - 2016 - Teorie Vědy / Theory of Science 38 (1):53-85.
    This article constitutes a contribution to the critique of the political economy of contemporary higher education. Its notes form, intended to open "windows" on the thorny issue of metrics permeating academia on both the local/national and global levels, facilitates a conceptualization of the academic law of value as a mechanism responsible for regulating the tempo and speed of academic labor in a higher education system subsumed under capital. First, it begins with a presentation of the Marxist approach to acceleration and (...)
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  6. The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. (...)
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  7. Analytical Jurisprudence and the Concept of Commercial Law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...)
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  8.  94
    The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction.Eva Hartmann & Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):3 - 11.
    Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...)
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  9. Regulatory Governance: Rules, Resistance and Responsibility.Poul F. Kjaer & Antje Vetterlein - 2018 - Contemporary Politics 24 (5).
    Regulatory governance frameworks have become essential building blocks of world society. From supply chains to the regimes surrounding international organizations, extensive governance frameworks have emerged which structure and channel a variety of social exchanges, including economic, political, legal and cultural, on a global scale. Against this background, this special issue sets out to explore the multifaceted meaning, potential and impact as well as the social praxis of regulatory governance. Under the notions rules, resistance and responsibility the special issue pins out (...)
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  10. ¿Qué es justicia social? Una nueva historia de su significado en el discurso jurídico transnacional.Carlos Andrés Pérez-Garzón - 2019 - Revista Derecho Del Estado 43:67-106.
    Spanish Abstract: A partir de un análisis desde la historia del derecho, este artículo de investigación busca demostrar la existencia de un significado de justicia social en el discurso jurídico transnacional actual que se resume en la garantía de estos tres elementos: Estado Social de Derecho, dignidad humana e igualdad de oportunidades. Con esto, se pretende superar el simple estudio de teorías de filósofos de moda como John Rawls a la hora de abordar el problema de cómo entender y materializar (...)
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  11.  84
    From the Private to the Public to the Private? Historicizing the Evolution of Public and Private Authority.Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):13 - 36.
    A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social processes. While (...)
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  12.  20
    Recht und Rechtfertigung Zur rechtstheoretischen Dimension des moralischen Rechts auf Rechtfertigung.Lorenz Engi - 2016 - Archiv Fuer Rechts Und Sozialphilosphie 102 (3):353-362.
    The right to justification is the central tenet of Rainer Forst's theory of justice: every person has the moral right to receive justification for morally relevant actions. This approach is instructive also from a jurisprudential perspective. One important purpose of the law is to force state authorities to provide justifications for their actions. Therefore, based on the right to legal equality, justification must be provided for any unequal treatment. Likewise, restrictions of fundamental rights in a constitutional state are subject to (...)
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  13. Editorial, Cosmopolis. Spirituality, Religion and Politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  14. Victims of Trafficking, Reproductive Rights, and Asylum.Diana Tietjens Meyers - 2016 - Oxford Handbook of Reproductive Ethics.
    My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...)
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  15.  37
    商事法의 動態的․發展的 理解를 위한 小考 - 世界的 차원의 商事法 槪念은 法哲學的으로.Kiyoung Kim - 2012 - 기업법연구 26 (4):55-88.
    The paper aims at rethinking the traditional understanding of commercial law, and tentatively provides its cosmopolitan concept under the backdrop of extended commercial exchange and corresponding development of the transnational trade laws. Given the influence of legal positivism over the source of law debate, the commercial law would be defined in a relatively narrower focus, which principally presumes the sovereign nature of legal community. The phenomenon and interactive reality in this global sphere through the mid-20th century and new millennium (...)
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  16. Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
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  17. Necessary Laws.Max Kistler - 2005 - In Jan Faye, Paul Needham, Uwe Scheffler & Max Urchs (eds.), Nature’s Principles. Springer. pp. 201-227.
    In the first part of this paper, I argue against the view that laws of nature are contingent, by attacking a necessary condition for its truth within the framework of a conception of laws as relations between universals. I try to show that there is no independent reason to think that universals have an essence independent of their nomological properties. However, such a non-qualitative essence is required to make sense of the idea that different laws link the same universals in (...)
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  18. Recovering the Human in Human Rights.Diana Tietjens Meyers - 2014 - Law, Culture, and Humanities:1-30.
    It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...)
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  19.  63
    Transnational Medical Aid and the Wrongdoing of Others.Keith Horton - 2008 - Public Health Ethics 1 (2):171-179.
    One of the ways in which transnational medical agencies (TMAs) such as Medicins Sans Frontieres aim to increase the access of the global poor to health services is by supplying medical aid to people who need it in developing countries. The moral imperative supporting such work is clear enough, but a variety of factors can make such work difficult. One of those factors is the wrongdoing of other agents and agencies. For as a result of such wrongdoing, the attempt (...)
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  20. Transnational Comercial Surrogacy in India: Gifts for Global Sisters?Amrita Pande - 2012 - Reproductive Biomedicine 23 (5):618-625.
    In this ethnography of transnational commercial surrogacy In a small clinic In India, the narratives of two sets of womenInvolved In this new form of reproductive travel - the transnational clients and the surrogates themselves - are evaluated. How do these women negotiate the culturally anomalous nature of transnational surrogacy within the unusual setting of India? It Is demonstrated that while both sets of women downplay the economic aspect of surrogacy by drawing on predictable cultural tools like (...)
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  21. Humean Laws and (Nested) Counterfactuals.Christian Loew & Siegfried Jaag - 2019 - Philosophical Quarterly 70 (278):93-113.
    Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.
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  22. Humean Laws, Explanatory Circularity, and the Aim of Scientific Explanation.Chris Dorst - 2019 - Philosophical Studies 176 (10):2657-2679.
    One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises if we fail to (...)
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  23. Ceteris Paribus Laws: A Naturalistic Account.Robert Kowalenko - 2014 - International Studies in the Philosophy of Science 28 (2):133-155.
    An otherwise lawlike generalisation hedged by a ceteris paribus (CP) clause qualifies as a law of nature, if the CP clause can be substituted with a set of conditions derived from the multivariate regression model used to interpret the empirical data in support of the gen- eralisation. Three studies in human biology that use regression analysis are surveyed, showing that standard objections to cashing out CP clauses in this way—based on alleged vagueness, vacuity, or lack of testability—do not apply. CP (...)
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  24. Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...)
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  25.  70
    No Laws and (Thin) Powers in, No (Governing) Laws Out.Stavros Ioannidis, Vassilis Livanios & Stathis Psillos - 2021 - European Journal for Philosophy of Science 11 (1):1-26.
    Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...)
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  26. Natural Selection, Causality, and Laws: What Fodor and Piatelli-Palmarini Got Wrong.Elliott Sober - 2010 - Philosophy of Science 77 (4):594-607.
    In their book What Darwin Got Wrong, Jerry Fodor and Massimo Piattelli-Palmarini construct an a priori philosophical argument and an empirical biological argument. The biological argument aims to show that natural selection is much less important in the evolutionary process than many biologists maintain. The a priori argument begins with the claim that there cannot be selection for one but not the other of two traits that are perfectly correlated in a population; it concludes that there cannot be an evolutionary (...)
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  27. Hume on Laws and Miracles.Nathan Rockwood - 2018 - American Catholic Philosophical Quarterly 92 (4).
    Hume famously argues that the laws of nature provide us with decisive reason to believe that any testimony of a miracle is false. In this paper, I argue that the laws of nature, as such, give us no reason at all to believe that the testimony of a miracle is false. I first argue that Hume’s proof is unsuccessful if we assume the Humean view of laws, and then I argue that Hume’s proof is unsuccessful even if we assume the (...)
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  28. Laws and the Completeness of the Fundamental.Martin Glazier - 2016 - In Mark Jago (ed.), Reality Making. Oxford, UK: Oxford University Press. pp. 11-37.
    Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...)
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  29. Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...)
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  30. Maimon’s ‘Law of Determinability’ and the Impossibility of Shared Attributes.Yitzhak Melamed - 2021 - Revue de Métaphysique et de Morale 109:49-62.
    Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have discussed this (...)
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  31. Reclaiming Third World Feminism: Or Why Transnational Feminism Needs Third World Feminism.Ranjoo Seodu Herr - 2014 - Meridians: Feminism, Race, Transnationalism 12 (1).
    Third World and transnational feminisms have emerged in opposition to white second-wave feminists’ single-pronged analyses of gender oppression that elided Third World women’s multiple and complex oppressions in their various social locations. Consequently, these feminisms share two “Third World feminist” mandates: First, feminist analyses of Third World women’s oppression and resistance should be historically situated; and second, Third World women’s agency and voices should be respected. Despite these shared mandates, they have diverged in their proper domains of investigation, with (...)
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  32. Responsible Brains: Neuroscience, Law, and Human Culpability.William Hirstein, Katrina L. Sifferd & Tyler K. Fagan - 2018 - New York, NY, USA: MIT Press.
    [This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...)
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  33. The Law of Non-Contradiction as a Metaphysical Principle.Tuomas Tahko - 2009 - Australasian Journal of Logic 7:32-47.
    The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...)
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  34. Truth, Knowledge, and the Standard of Proof in Criminal Law.Clayton Littlejohn - forthcoming - Synthese 197 (12):5253-5286.
    Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...)
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  35. Platonic Laws of Nature.Tyler Hildebrand - 2020 - Canadian Journal of Philosophy 50 (3):365-381.
    David Armstrong accepted the following three theses: universals are immanent, laws are relations between universals, and laws govern. Taken together, they form an attractive position, for they promise to explain regularities in nature—one of the most important desiderata for a theory of laws and properties—while remaining compatible with naturalism. However, I argue that the three theses are incompatible. The basic idea is that each thesis makes an explanatory claim, but the three claims can be shown to run in a problematic (...)
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  36. Disagreement About the Kind Law.Muhammad Ali Khalidi & Liam Murphy - 2020 - Jurisprudence 12 (1):1-16.
    This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is that law, unlike (...)
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  37. Humeanism About Laws of Nature.Harjit Bhogal - 2020 - Philosophy Compass 15 (8):1-10.
    Humeanism about laws of nature is, roughly, the view that the laws of nature are just patterns, or ways of describing patterns, in the mosaic of events. In this paper I survey some of the (many!) objections that have been raised to Humeanism, considering how the Humean might respond. And I consider how we might make a positive case for Humeanism. The common thread running through all this is that the viability of the Humean view relies on the Humean having (...)
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  38.  94
    Transnational Labor Regulation, Reification and Commodification: A Critical Review.George Tsogas - 2018 - Journal of Labor and Society 21 (4):517-532.
    Why does scholarship on transnational labor regulation (TLR) consistently fails to search for improvements in working conditions, and instead devotes itself to relentless efforts for identifying administrative processes, semantics, and amalgamations of stakeholders? This article critiques TLR from a pro-worker perspective, through the philosophical work of Georg Lukács, and the concepts of reification and commodification. A set of theoretically grounded criteria is developed and these are applied against selected contemporary cases of TLR. In the totality that is capitalism, reification (...)
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  39. Can Transnational Feminist Solidarity Accommodate Nationalism? Reflections From the Case Study of Korean “Comfort Women”.Ranjoo Seodu Herr - 2016 - Hypatia 31 (1):41-57.
    This article aims to refute the “incompatibility thesis” that nationalism is incompatible with transnational feminist solidarity, as it fosters exclusionary practices, xenophobia, and racism among feminists with conflicting nationalist aspirations. I examine the plausibility of the incompatibility thesis by focusing on the controversy regarding just reparation for Second World War “comfort women,” which is still unresolved. The Korean Council at the center of this controversy, which advocates for the rights of Korean former comfort women, has been criticized for its (...)
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  40. A Law of Physics in the Classroom: The Case of Ohm’s Law.Nahum Kipnis - 2009 - Science & Education 18 (3-4):349-382.
    Difficulties in learning Ohm’s Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm’s Law and its practical applications. This suggestion comes from analysis of the history of the law’s discovery and its teaching. The historical materials this paper provides can also help teacher to improve students’ insights into the nature of science.
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  41. Mechanisms, Laws, and Regularities.Holly Andersen - 2011 - Philosophy of Science 78 (2):325-331.
    Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable regularities in nature (...)
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  42. Should Law Track Morality?Re'em Segev - 2017 - Criminal Justice Ethics 36 (2):205-223.
    Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...)
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  43. Conservation Laws and Interactionist Dualism.Ben White - 2017 - Philosophical Quarterly 67 (267):387–405.
    The Exclusion Argument for physicalism maintains that since (1) every physical effect has a sufficient physical cause, and (2) cases of causal overdetermination are rare, it follows that if (3) mental events cause physical events as frequently as they seem to, then (4) mental events must be physical in nature. In defence of (1), it is sometimes said that (1) is supported if not entailed by conservation laws. Against this, I argue that conservation laws do not lend sufficient support to (...)
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  44. The Law and Ethics of Virtual Sexual Assault.John Danaher - forthcoming - In Marc Blitz & Woodrow Barfield (eds.), The Law of Virtual and Augmented Reality. Cheltenham, UK: Edward Elgar Press.
    This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?
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  45. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
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  46. Debunking Arguments and Metaphysical Laws.Jonathan Barker - 2020 - Philosophical Studies 177 (7):1829-1855.
    I argue that one’s views about which “metaphysical laws” obtain—including laws about what is identical with what, about what is reducible to what, and about what grounds what—can be used to deflect or neutralize the threat posed by a debunking explanation. I use a well-known debunking argument in the metaphysics of material objects as a case study. Then, after defending the proposed strategy from the charge of question-begging, I close by showing how the proposed strategy can be used by certain (...)
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  47. Transnational Macro-Narrative Descendancy in Violent Conflict: A Case Study of the Mujahidin Indonesia Timur in Central Sulawesi.Andrew D. Henshaw - unknown
    This thesis investigates transnational macro-narrative decendancy in violent conflicts and identifies enabling dynamics that facilitate re-framing. To date there has been little focus on processes involved, explicitly narrative descendancy, bridging, resonance building, or grafting, representing a critical knowledge gap. -/- This thesis reviews relevant literature on constructivism and rational choice theory and tests the findings against an empirical case study in Central Sulawesi. The findings demonstrate a mixture of approaches is present, though this is likely due to a range (...)
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  48. Three Laws of Qualia: What Neurology Tells Us About the Biological Functions of Consciousness.Vilayanur S. Ramachandran & William Hirstein - 1997 - Journal of Consciousness Studies 4 (5-6):429-457.
    Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or (...)
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  49. Stable Regularities Without Governing Laws?Aldo Filomeno - 2019 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 66:186-197.
    Can stable regularities be explained without appealing to governing laws or any other modal notion? In this paper, I consider what I will call a ‘Humean system’—a generic dynamical system without guiding laws—and assess whether it could display stable regularities. First, I present what can be interpreted as an account of the rise of stable regularities, following from Strevens [2003], which has been applied to explain the patterns of complex systems (such as those from meteorology and statistical mechanics). Second, since (...)
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  50. Ceteris Paribus Laws in Physics.Andreas Hüttemann - 2014 - Erkenntnis 79 (S10):1715-1728.
    Earman and Roberts claim that there is neither a persuasive account of the truth-conditions of ceteris paribus laws, nor of how such laws can be confirmed or disconfirmed. I will give an account of the truth conditions of ceteris paribus laws in physics in terms of dispositions. It will meet the objections standardly raised against such an account. Furthermore I will elucidate how ceteris paribus laws can be tested in physics. The essential point is that physics provides methodologies for dealing (...)
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