On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional (...) framework. We expect no change in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The (...) latest treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

This paper’s aim is to establish an explanation for the separation of Northern minds, by examining the influence of a variety of factors on the shaping of people’s sense of identity at the time. Near the end of the 16th century the Groningers had proven to be a people with a mind of their own—impetuous, unruly and, in the end, unwilling to join the Republic in its efforts to liberate itself from its oppressive Spanish overlord. One by one the Dutch (...) cities had joined the revolution, but the city of Groningen refused. The ‘Ommelanden’—the city’s surrounding territory—however, did not—laying bare a critical disagreement between two ‘classes’: the Saxon city elite and the predominantly Frisian countryside nobles (Dutch plural: landjonkers/jonkheren). (shrink)

Resumen. -/- Premio de artículos jurídicos «GARCÍA GOYENA» (Curso 2013-2014). Tercer accésit El proceso de integración europea, en el que vivimos inmersos, reviste caracteres económicos, sociales, políticos y jurídicos; que dotan de características peculiares a un proyecto de integración cuya naturaleza está en constante discusión, casi tanto como su futuro. Sin duda, uno de los grandes protagonistas del proceso de integración ha sido y es el Tribunal de Justicia de la Unión Europea, sobre todo con la proclamación y consagración de (...) los principios definitorios de la relación entre el ordenamiento comunitario, hoy de la Unión Europea con los ordenamientos nacionales: los principios de eficacia directa y de primacía del Derecho comunitario. Esto lo ha hecho a la vez que desarrollaba su jurisprudencia sobre las libertades económicas fundamentales consagradas en el Tratado de la Comunidad Económica Europea (libre circulación de mercancías, libre prestación de servicios, libre circulación de trabajadores y libre circulación de capitales). Este trabajo tiene por objeto estudiar dicha jurisprudencia, analizando el papel preponderante de la libre circulación de mercancías, así como las perspectivas de futuro tras la entrada en vigor del Tratado de Lisboa. -/- Abstract. -/- The process of European integration, in which we are immersed, has economic, social, political and legal characters giving special characteristics to an integration project whose nature is in constant discussion as its future. Certainly one of the great protagonists of the integration process has been and is the European Court of Justice, especially with the proclamation and consecration of the defining principles of the relationship between Community law, now European Union law, and national law: principles of direct effect and supremacy of EU law. ECJ recognised this principles while it developed its jurisprudence on fundamental economic freedoms recognised in the Treaty establishing the European Economic Community (free movement of goods, freedom to provide services, free movement of workers and free movement of capitals). This work aims to study this case law, analyzing the dominant role of the free movement of goods as well as the future trends after the entry into force of Lisbon Treaty. (shrink)

following Spinoza an, somewhat, Locke, trough a luminous path of a unique philosophical adventure.

On 1 November 1755, the city of Lisbon in Portugal was virtually destroyed by the largest documented seismic event ever to hit Europe. It is often claimed that the catastrophe severely damaged the plausibility of Leibniz’s optimism, and even the wider project of theodicy. Leibniz died several decades before the Lisbon earthquake struck, and so was unable to address it and the challenges thrown up by it, which would have included an account of how the event was consistent (...) with God’s providence. Contemporary scholars are of the view that Leibniz explained natural disasters like earthquakes as nothing more than the unfortunate consequences of the normal workings of simple laws of nature, and that God permits such disasters to happen because it would be unworthy of him to overrule the laws he has established. There certainly is this line of thinking in Leibniz’s writings, but it is far from being the whole story, as we shall see. The aim of this paper is to determine what Leibniz’s response to the Lisbon earthquake would have been, had he lived to know about the event. (shrink)

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd (...) Stern, takes a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

This study investigates transnational relations and global challenges which the European Industrial Relations have been facing recently. The paper, methodologically, was structured with taking into account both socio- political and judicial arguments. The social theory, and ergo, the practice in Europe were analyzed according to Marxist point of view. Basically, industrial relations and employment relationship were examined from the perspectives of employees, employee representatives and nation-states. The influence of the Charter of Fundamental Rights which is legally binding with the (...) class='Hi'>Lisbon Treaty (TFEU) was examined. Likewise, the effectiveness of the acquis communautaire within the EU was argued with respect to the European Social Model; such as, social dialogue, tripartite and bipartite information exchange and consultation, collective bargaining and legal provisions regarding employment conditions and social protection. The importance of Europeanisation and convergence of national industrial relations was illustrated. (shrink)

This article examines the British colonial theft of Indigenous sovereignty and the particular obstacles that it presents to establishing just social relations between the colonizer and the colonized in settler states. In the first half, I argue that the particular nature of the crime of sovereign theft makes apologies and reparations unsuitable policy tools for reconciliation because Settler societies owe their very existence to the abrogation of Indigenous sovereignties. Instead, Settler states ought to return sovereignty to the land’s Indigenous peoples. (...) In the second half of this paper, I take up some of the practical questions of how this might be done and anticipate a number of objections. Giving up sovereignty would not mean dispossessing the millions of colonists who currently reside in these countries of their homes and property – but it does mean rethinking the constitutional makeup of a country and how that serves to benefit the different peoples who make their homes there. (shrink)

The volume Conceptual Figures of Fragmentation and Reconfiguration is a collection of revised versions of the papers presented at a research seminar which took place at the School of Social Sciences and Humanities, Universidade NOVA de Lisboa, between January and June 2019. The seminar is one of the core activities of the project “Fragmentation and Reconfiguration: Experiencing the City between Art and Philosophy”, based at IFILNOVA – Nova Institute of Philosophy in Lisbon. This volume strives to reassess the relationship (...) between fragmentation and reconfiguration, the contemporary relevance of which can be appreciated by focusing on the experience of the city, in particular the aesthetic experience of the city. Following the structure of the original seminar presentations, and drawing on key philosophical authors such as Goethe, Benjamin, Wittgenstein, Foucault, Deleuze, Joyce, Proust, and Perec, each of the nine contributors focuses on a specific conceptual figure: Catastrophe (Gianfranco Ferraro); Ruins (Maria Filomena Molder); Chaosmopolitanism (Bartholomew Ryan); Morphogenesis (Maurizio Gribaudi); Atlas (Nélio Conceição); Archive (João Duarte); Collection (Maria João Gamito); Panoramic Presentation (Alexandra Dias Fortes); and Aesthetic Experience (Nuno Fonseca). (shrink)

The book Poincaré, Philosopher of Science – Problems and Perspectives, edited by María de Paz and Robert DiSalle, is the result of various colloquia and conferences organized by the Portuguese project bearing the same name. The project, initiated by University of Lisbon, brought together scholars of many different countries to speak about the three main philosophical facets of Henri Poincaré: as a philosopher of science in general, as a philosopher of mathematics, and as a philosopher of physics.

One of the ṣaḥābīs of Prophet Muḥammad is ʿUrwa b. Masʿūd from the Ṭāʾif tribe of Thaqīf. He belongs to the Ahlâf part of the Thaqīf tribe and he is the ruler of this part. ʿUrwa’s ancestry is known without any controversy until Kasî (Thaqīf). According to a narrative his epithet was Abū Yaʿfur and another of his epithet was Abū Masʿūd. Father of ʿUrwa an important person too. He is one of the leaders of his tribe and he commanded (...) his part (Aḥlāf) in wars of Fijār. Mother of ʿUrwa is Subay’a bt. ʿAbd Shams from Banū Umayya. In this way ʿUrwa has kinship both with Banū Umayya and Prophet Muḥammad. So ʿUrwa has a very important position because of his lineage, his mother and father. Thefore, his connections with Mecca and Quraysh strengthens his position. In our sources there is no information about his dates of birth and death. It is likely to be over middle age when he became a muslim, considering that he was the leader of his tribe and his son become a muslim after he died. There is too little information about weddings of ʿUrwa. According to narratives, he had ten wives before becoming Muslim. After becoming a Muslim Prophet Muḥammad warned from him to prefer four out of ten wives. One of his four wives is the daughter of Abū Sufyān. Howev-er, there is no information about the names of his wives. Names of his sons: ʿĀṣim, Abū Murra, Abū Mulayḥ, Dāwūd, Hammām and Hishām and names of his daughters: Umm Saʿīd (married with Ḥaẓrat ʿAlī) and Ḥalīma. We could see he served as embassy before the treaty of Hudaybiyah. His embassy duty shows us the superiority of his position. Also, this embassy duty was very effective at peace negotiations. He mentioned kinship relations which connects about Mecca. He said that it could be beneficial to talk to Prophet Muḥammad himself. The Meccans mentioned about their trust in ʿUrwa. During the time of his embassy, he expressed that both sides should be away from war. In this context, he told the Meccans: The people around Prophet Muḥammad are very loyal to him and he told to Prophet Muḥammad: People around him could disintegrate easily. This mission shows us he is intelligent, respectable and had high persuasion skills. ʿUrwa, observed loyalty of ṣaḥābīs to Prophet Muḥammad. He confessed this loyalty can not be for any ruler. This observa-tion probably affected ʿUrwa’s conversion to Islam. Because of the conquest of Meccah and the events that followed, the people of Ṭāʾif were very worried. Because of this reason people of Ṭāʾif took part in the side of Hawāzin’s and they bat-tled with Muslims. In this time they sent ʿUrwa b. Masʿūd and Ghaylān b. Salama to the city of D̲j̲aras̲h̲ of Yemen, to learn about some war machines and techniques. Therefore they did not join wars of Hunayn and Ṭāʾif. Prophet Muḥammad ended the siege of Ṭāʾif and went to Medina. Meanwhile, ʿUrwa and his friend returned from Yemen. According to narratives when the Prophet Muḥammad returned Medina or he was way in Medina ʿUrwa visited him and became Muslim. Some people tell about the date of ʿUrwa’s being Muslim at before or after Abū Bakr’s emirate of Hadj. However, when the narrations are examined, it can be said he became Muslim after four or five months from Prophet’s siege of Ṭāʾif and before three or four months from Tabūk expedition of Rabīʿ al-awwal or “Rabīʿ al-ākhir” (July or August) in the year 9/630. As for the conversion of ʿUrwa, basic sources report that “Allah, inspired Islam to the heart of ʿUrwa and he changed his situation. He went to the Messenger of Allah and he became Muslim.” They do not give a specific reason. But after this period the narratives tell the reason for ʿUrwa’s becoming a Muslim as due to an experience he had while travelling to Najrān for trade. In this travel, two mysterious young girls and the priest in Najrān said the last prophet came and ʿUrwa must be subject to him and ʿUrwa became Muslim after he returned. But this narrative is prob-lematic with regard to evidence and text. After being Muslim, ʿUrwa wanted permission from the Prophet to invite his tribe to accept Islam. The prophet did not want to accept this at first. Because the people of Ṭāʾif had an arro-gant stance against Islam, and he said that the people of Thaqīf could kill ʿUrwa. Eventually ʿUrwa went to his hometown with permission of Prophet and invited people to Islam and they did not accept this invitation and cursed ʿUrwa. The next morning ʿUrwa read adhan of fajr and people of Ṭāʾif killed him. ʿUrwa b. Masʿūd was likened to Prophet Jesus by the Prophet Muḥammad. It is generally accept-ed that ʿUrwa b. Masʿūd el-Thaqafī is “one of the biggest from two cities” expressed in sūra Zukhruf. Only two weak narrations were reported of Urwa who could live as a Muslim for a few days and was matyred by his tribe. (shrink)

Dialogue between feminist and mainstream philosophy of science has been limited in recent years, although feminist and mainstream traditions each have engaged in rich debates about key concepts and their efficacy. Noteworthy criticisms of concepts like objectivity, consensus, justification, and discovery can be found in the work of philosophers of science including Philip Kitcher, Helen Longino, Peter Galison, Alison Wylie, Lorraine Daston, and Sandra Harding. As a graduate student in philosophy of science who worked in both literatures, I was often (...) left with the feeling that I had joined a broken family with two warring factions. This is apparent in the number of anthologies that have emerged on both sides in the aftermath of the “Science Wars” (Gross, Paul R., Norman Levitt, and Martin W. Lewis, eds. 1996; Koertge, Noretta, ed. 1998; Sokal, Alan and Jean Bricmont. 1998; etc.) Depending on one’s perspective on the Science Wars, the breadth of illustrative cases and examples found in Science and Other Cultures can either give more ammunition for the battle, or grounding for a much needed treaty of accord. The most important feature of this book is that it does not merely claim that science is only political, and it does not merely dismiss science as a social phenomenon to be deconstructed using the standard postmodern conceptual tools. Instead, the collection illustrates ways in which postcolonial analysis and multicultural examples can enrich our understanding of “good” science and ethics. Here, the concept of “strong objectivity” from Harding’s earlier books is fleshed out through a variety of cases. The anthology is the culmination of a series of research activities funded by a National Science Foundation grant to the American Philosophical Association. The grant, under the auspices of the NSF Ethics and Values Program, sponsored fourteen summer research projects and thirty-six presentations at four regional APA meetings. (shrink)

With the ageing of the Portuguese population, there are more people in dependency situations and needing long-term care (LTC). In this context, it is important to ensure the quality of life (QoL) of those individuals, and that quality can be measured through their health-related quality of life (HRQoL) and overall well-being. Also, understanding how perceived service quality (PSQ) can be related to how people perceive their QoL is pertinent since service quality is an important factor to achieve patient health outcomes. (...) To develop this project, a LTC unit located in the district of Lisbon was chosen, the LTC unit of Arruda dos Vinhos. The main objective was to assess the relation between the PSQ, the HRQoL and the overall well-being of patients receiving LTC at the LTC unit of Arruda dos Vinhos. A project based on a case study was performed, through interviews based on the items of the SERVPERF, EQ-5D and ICECAP-O questionnaires, which were then analysed through content analysis. Results showed there is a relation between PSQ and HRQoL and between HRQoL and overall well-being. It was also possible to realise that to better evaluate the quality of this specific service, other subjects as the activities performed at the LTC unit, the physiotherapy service and the food provided, should be taken in consideration. Concluding, there is a relation between PSQ and the QoL of the patients receiving LTC at the LTC unit of Arruda dos Vinhos, when quality of life is measured through HRQoL. (shrink)

The oft-told story of Leibniz’s doctrine of the best world, or optimism, is that it enjoyed a great deal of popularity in the eighteenth century until the massive earthquake that struck Lisbon on 1 November 1755 destroyed its support. Despite its long history, this story is nothing more than a commentators’ fiction that has become accepted wisdom not through sheer weight of evidence but through sheer frequency of repetition. In this paper we shall examine the reception of Leibniz’s doctrine (...) of the best world in the eighteenth century in order to get a clearer understanding of what its fate really was. As we shall see, while Leibniz’s doctrine did win a good number of adherents in the 1720s and 1730s, especially in Germany, support for it had largely dried up by the mid-1740s; moreover, while opponents of Leibniz’s doctrine were few and far between in the 1710s and 1720s, they became increasing vocal in the 1730s and afterwards, between them producing an array of objections that served to make Leibnizian optimism both philosophically and theologically toxic years before the Lisbon earthquake struck. (shrink)

Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign (...) policy of the early republic and the related philosophy of law and war. A central idea is that international law should chiefly benefit those remaining at peace. -/- Dallas was a Philadelphian who settled there in 1783, the year of the Peace of Paris which ended the War of Independence, arriving from Jamaica after a British education. He wrote much on law, becoming the first recorder of cases before the U.S. Supreme Court. He later served as Secretary of the Commonwealth of Pennsylvania, and federal district attorney for Eastern Pennsylvania, appointed by President Jefferson. He was appointed Secretary of Treasury by President Madison. -/- In this edition the original text is presented with annotations to help identify persons and events of interest. The editor has also added an Introduction, a Bibliography, a short Chronology of Dallas' life and the events of the War, and an analytical Index. As such this annotated edition presents a key primary source in a manner helpful to research for students of the early Republic. (shrink)

Substantially increased wealth inequality across the developed world has prompted many philosophers, economists and legal theorists to support comprehensive taxes on all forms of wealth. Proposals include levying taxes on the basis of total wealth, or alternatively the change in the value of capital holdings measured from year-to-year. This contrasts with most existing policies that tax capital assets at the point they are transferred from one beneficiary to another through sale or gifts. Are these tax reforms likely to meet their (...) aims of greater economic and political equality? We argue that these policies are likely to fail because, following neoclassical economic theory, they are based on a conception of capital as possessing given values in what amounts to a static equilibrium. This mischaracterizes the dynamic and subjective character of market economies and the contested value of real instantiations of capital goods. This makes them very difficult, often impossible, to value apart from at the point of voluntary transfer or profit realization. This means most taxes levied on a mark-to-market basis will be arbitrary and unfair. We propose alternative policies based on an income realization approach to taxation that are more likely to curb excessive wealth holdings. This includes introducing international treaties that prohibit preferential tax treatment for individual companies and specific sectors, and broadening the income tax base to include the imputed rent of personal housing wealth. (shrink)

The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts (...) in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from the ancient philosophical perspective inherent in the fundamental assumptions and ideas of Plato’s political philosophy and epistemology. It then considers the contemporary problem of sovereignty in the context of international law by examining Louis Henkin’s formulation of and approach to it in his essay That S-Word: Sovereignty, and Globalization, and Human Rights, Etc. Finally, the essay articulates Nietzsche’s views on intellectual conscience, discusses their merits and advantages when used in dealing the problem of sovereignty in the context of international law, and proposes a solution to this problem that draws on the philosophies of Nietzsche, Novalis, Kant and Plato. The essay illustrates the relevance and advantages of this solution by examining the issue of states’ reservations to international treaties and conventions. (shrink)

English version of collaborative essay with Oaxaca-based Mexican experimental filmmaker Bruno Varela on his found footage project La máquina de futuro. Published on the website of Hangar, the Lisbon, Portugal-based Artistic Research Center, to mark the online exhibition of La máquina de futuro as well as three other works by Varela.

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...) of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

Planetary protection is not just a matter of science. It is also a matter of value. This is so independently of whether we only include the protection of science or if we also include other goals. Excluding other values than the protection of science is thus a value statement, not a scientific statement and it does not make planetary protection value neutral. It just makes the axiological basis (that is, the value basis) for planetary protection more limited in a way (...) that is inconsistent with the axiological grounds for back contamination, ethically questionable and strategically unwise. However we look at it, we cannot get away from the conclusion that the axiological dimension of planetary protection is a task that needs to involve experts on value theory as well as experts from a range of different sciences and also include opinions from outside the academic community. (shrink)

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

The 20th century was a bloody one, full of armed clashes which destroyed Europe, withered an entire generation’s hope of European-level peace. After the Versailles Treaty, the famous economist John Maynard Keynes uttered this prophecy: ”With such a peace treaty, you’ll be at war again within 20 years”. John Maxwell Coetzee, an important South-African novelist, called the 20th century “Satan’s century”. A tough statement yet extremely true unfortunately. Besides war, the past one hundred years also witnessed terrible totalitarian (...) regimes occur, such as the Nazi and fascism. The hardness of those regimes at least equaled the suffering caused by the world wars. One wouldn’t be wrong to call such regimes state terrorism: a leader suppressing his own citizens just to satisfy his own fantasy. The hugeness of their deeds goes beyond human imagination according to the number of victims. A classical word of wisdom describes terrorism as follows: ”It kills a few, but terrifies more”. (shrink)

THE EXISTENTIAL CONDITION OF THE IJAWS IN THE EMERGING SOCIO-ECONOMIC AND POLITICAL MILIEU OF NIGERIA. By Ebo Socrates, PhD. -/- Nigeria is a hybrid nation of over two hundred and fifty ethnic nationalities. The Ijaws as a people among the multitude of peoples that have come to constitute the geographic expression and sovereign entity known as Nigeria, find themselves enmeshed in the fluctuating socio-economic milieu of Nigeria. They as well as other ethnic nationalities that constitute Nigeria, found themselves bound to (...) the contingencies and exigencies of the nation-state called Nigeria not by act of will or treaty but by the Lugardian fiat which in itself was a full expression of the British imperialist will to power. By fiat and history, a country was made; the country is Nigeria, its people simply are; a fact of history. Their mode of being however, is a confluence of contraction and progress. So many models of nationhood explicates Nigeria. But Nigeria, is undeniably a “torn” nation. In the words of Samuel Huntington, a nation of conflicting civilizations: the Islamic civilization and the Judeo-Christian civilization. The Ijaws, an oil rich minority tribe found themselves entwined and involved in the destiny of this phenomenal nation called Nigeria. Has such an entwinement been a curse or blessing? Have the Ijaws significant power in the organogram of the Nigerian nationhood? Are they tossed about by the tide and flow of events or are they active movers in the making of the Nigerian history? This paper critically looks at these existential realities and elucidates the existential condition of the Ijaws in the contemporary Nigeria . (shrink)

Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...) disability laws perpetuate or tolerate oppression and violence. Despite their limitedness, disability laws offer normative content to facilitate engagement and critique for reform. In terms of what disability laws ‘ought’ to be, scholars write, that they should be about disabled people and the meanings provided by them. This objective has and can be fulfilled with the aid of disability studies that go beyond the inquiries of law with the right kind of research tools to theorize and re-theorize concepts and meanings about disability. Disability studies, in other words, represent the living conditions of disabled persons and the questions of how disability and/or impairment should be defined. This chapter examines the interaction between disability law and disability studies through the prism of the Convention on the Rights of Persons with Disabilities (CRPD). While discussing the models of disability (medical, social, human rights, and relational-community models) and agendas for reforming the CRPD, the chapter highlights the importance of new concepts and approaches. Further, the potential of disability laws, CRPD in particular, has been discussed keeping in mind the application of its core principles across different sectors (with a special focus on the Marrakesh treaty and copyright laws). (shrink)

Kant scholars have rarely addressed the notion of optimism as it was interpreted by the Königsbergian philosopher in the mid-18th century. The notion originates from Leibniz’s Theodi­cy and from debates over whether the actual world is the best of all possible worlds. The first of a two-part series, this article studies the historical context in which appeared Kant’s 1759 lecture advertisement leaflet entitled An Attempt at Some Reflections on Optimism. The study describes the requirements of the 1755 Berlin Academy of (...) Sciences’ competition for a comparison of G. W. Leibniz’s and A. Pope’s systems and an assessment of optimism. Another focus is the philological difficulties of translating Pope’s proposition “Whatever is, is right” into the French language — which was part of the competition task. The author considers the ways the proposition was translated into the Russian and German languages. The article shows the contribution of Voltaire and his Poem on the Lisbon Disaster and Candide: or, Optimism to the post factum changes in the perception of the competition results and to the emergence of new shades of meaning in the concept of optimism. The Lisbon earthquake of 1755 had a profound effect on Europe and on the perception of optimism and of the idea that the actual world is the best of all possible worlds. However, Kant’s epistolary legacy leads one to the conclusion that the philosopher examined the problem in the framework of a polemic on Crusian philosophy. This article presents Crusius’s arguments against the theory that this is the best of all possible worlds and in favour of the theory that there are several good worlds. God’s choice of the actual world owes therefore to the freedom of contradiction (libertas contradictionis) and to the freedom of contrariety (libertas contrarietatis), which are eliminated in the teaching of optimism. (shrink)

This paper takes up the possibilities for thinking about human solidarity that can be found in Immanuel Kant’s writings on history. One way of approaching Kant’s philosophy of history is to focus on what would seem to be an antinomy in Kant’s account between the role of nature and the demands of freedom. Whereas nature, according to Kant, ruthlessly drives us into a state of perpetual war until finally, exhausted and bankrupt, we are forced into an international treaty for (...) peace, freedom, and the morality that flows from it, requires that each individual obey the supreme moral principle, namely, that we treat all people as ends in themselves and never merely as means; that we never, in other words, wage war. This antinomy is resolved once we see that, for Kant, a community of moral agents can only arise as a result of a perfect political constitution; a constitution that itself can only arise at the end of a history of war. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. Due (...) to an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition — at the level of a constitutional standard — of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of the inviolability of human rights. This term takes different meaning in the context of: 1) inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5) inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning of inviolability. -/- Punktem wyjścia jest analiza argumentacji na rzecz tezy o stosowalności do prawa do ochrony życia (art. 38 Konstytucji RP), klauzuli limitacyjnej określającej warunki ograniczania konstytucyjnych wolności i praw (art. 31 ust. 3). Mimo niemal powszechnej akceptacji tej tezy, nie wytrzymuje ona krytyki opartej na pierwszeństwie, które w polskim porządku prawnym mają zobowiązania traktowe dotyczące praw człowieka, wobec regulacji ustawowych. Ze względu na wzorzec międzynarodowy, który nie przewiduje stosowania klasycznej klauzuli limitacyjnej do prawa do życia, mimo uznania - na poziomie standardu konstytucyjnego - stosowalności klauzuli z art. 31 ust. 3 do art. 38 i ochrony życia w ogóle, stosowalność tej klauzuli będzie uniemożliwiona przy każdej próbie formułowania standardu ustawowego. Autor zwraca uwagę na wadliwość wnioskowania prowadzącego od uznania dopuszczalności pewnych ograniczeń ochrony jakiejś wartości (np. życia) na podstawie wyjątków ex definitione obecnych w standardzie międzynarodowym, do tezy o stosowalności klauzuli limitacyjnej przy kształtowaniu standardu ustawowego w polskim systemie prawnym. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

The polis, as a gathering of various citizens, may be threatened by discord and finally may collapse because of the stasis, the internal conflict between different groups of people with diverging interests. This scheme is tackled by Plato in Gorgias, and more thoroughly in the Republic. Both dialogues were a source of inspiration for the pseudo-Pythagorean writings which flourished between the second half of the 4th century B.C. and the Hellenistic period. Among them, the treaties attributed to Kleinias, Metopus, Theages, (...) Lysis and Hippodamus frequently use the concept of stasis and pleonexia to describe how a city may be governed and what kind of danger may appear if the citizens’ behavior is not controlled. In general, these treaties adapt the vision of Plato concerning conflict to some Pythagorean images and teachings. By mingling both influences, they blur the frontier between Platonism and Pythagoreanism and create a genre of intertwined literature which may be qualified as bricolage, according to Lévi-Strauss’s concept. These philosophical texts use a range of material mostly traced back to the Hellenistic period, but also some fragments related to the conception of conflicts and violence in early Pythagoreanism. (shrink)

This paper is the second of two papers which examine the versatility of the principle of subsidiarity. The first paper explored the nature of the principle in Catholic social teaching as a moral and social principle and its potential application in the political sphere. This paper further explores the political application of the principle of subsidiarity through a discussion of its operation in the European Union, where it is embodied in article 5(3) of the Treaty on European Union. This (...) paper discusses subsidiarity’s interpretation by the European Court of Justice as a political value judgement, rather than a legal principle. In its discussion of subsidiarity in the European Union, this paper draws some comparisons with the principle’s enunciation in Catholic social teaching. Together, these papers are intended to highlight the many facets of the principle of subsidiarity in order to promote its continued relevance and to promote further scholarship on subsidiarity. (shrink)

The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! Immediately (...) after the member states of the Union failed to agree the draft treaty on European Constitution at the Intergovernmental Conference ending on December 13, 2003, the Frankfurter Allgemeine Zeitung provided two full pages of political coverage under the rubric “After the Failure [or ‘running aground’] of Brussels— The EU in Crisis”, and on the front page reported “The EU at an Uncertain Future” [2]. Six months later, on the day after those same states agreed a Treaty Establishing a Constitution for Europe, The Irish Times reported that Sweden still supported the EU, but not the Euro, and that EU Council President Bertie Ahearn, the Irish Prime Minister, thanked all those who helped with ‘a ship that has been safely docked today’ [5]. Ships are useful not when they remain in port, but rather when they move, so six months later, after nearly four decades of failed attempts, on December 17, 2004, Turkey was given the possibility of opening talks for accession to the European Union. From the European docks of Ireland, Germany, Sweden, and the UK, there are contributions in this special edition of Futures on “The Futures of Europe”. Even within the geographic limits of Europe, the ships come at different speeds, as represented by two authors from outside the Eurozone and four within. There are also contributions from a ship between ports in Italy and the USA and from a ship between Germany and Turkey. And there is something from that port across the ocean—the USA. What may be perhaps the most telling contribution to this volume, however, is the one that is not here. I had invited a colleague from Beijing to provide a prospective from China on the futures of Europe, and he had enthusiastically accepted. (shrink)

My Ph.D. research is aimed at finding and analyzing the occurences of the word kinesis, and similar expressions, in Plotinus' Enneads. The employment of lexicographical method has allowed me to pick up a catalog of around eight hundred occurrences of the term kinesis. I have identified two tematic areas for the use of kinesis, one regarding the sensible reality, the other the intelligible reality. In the first part of my study I focus on kinesis occurrences with reference to the body (...) and to those souls related to the bodies; in the second part I analyze the construction of the intelligible reality in which movement is implicated as a gene. In the first part of my research I present the analysis of the treaties: 2 (IV, 7); 3 (III, 1); 8 (IV, 9); 26 (III, 6); 27 (IV, 3); 28 (IV, 4); 29 (IV, 5); 14 (II, 2); 40 (II, 1); 45 (III, 7); 53 (1, 1); in the second part I present the analysis of Plotinus' treaties dedicated to the “Genera of Being”, 42-44 (VI, 1-3). (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of (...) the United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, vagueness (...) of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

Although the tradition of the Buddhist logic in India had been developed through the debates with non-Buddhists, that in pre-modern Japan hardly had such experiences. The applications of inmyō were limited to the disputes between the Hossō school (Japanese transmission of Yogācāra school) and another Buddhist schools. During the rapid modernization and westernization after the Meiji restoration, however, Buddhist logicians also encountered the non-Buddhist cultures including the deductive and inductive logics, Christianity, democracy and republicanism imported from Western countries. A part (...) of them, such as Kira Kōyō, regarded inmyō as useful for the democratic discussion, and promoted it to the politicians and the legal professionals. Their introductory books about inmyō included many sample expressions which criticized the existence of God and the authenticity of republicanism, as well as the unequal treaties forced by Europe and America. In spite of those efforts, inmyō did not become popular in modern Japan. In addition, it also lost the scholars' interest in the twentieth century, because of the introduction of the scriptures of Indian logic in Sanskrit and Tibetan. But the inmyō studies in Meiji period should not be ignored, since they were regarded not only as one of the intellectual refutations to the West in East Asia, but also as the previous researches which were studied by East Asian scholars of the Buddhist logic. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by (...) the European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

It is a fact that there is ethical criticism about art. Art critics, the general public and even artists point out moral flaws in artworks while evaluating them. Philosophers, however, have maintained a hot debate on the meaning of such criticism. This debate can be understood as a disagreement about the kind of relation between the artistic value of artworks and their alleged moral value. While some claim that moral value can contribute to artistic value (moralism), others claim that there (...) cannot be such a contribution (autonomism). Since at least some works of architecture are artworks, that debate also concerns architecture. A moderate moralist view claims that some works of architecture have moral flaws/merits that bear on their artistic evaluation. In an apparently promising version, the contention is that some moral flaws/merits are aesthetically relevant. In this paper I argue against such contention and defend an autonomist view. Following some taxonomy remarks I distinguish the views in the debate and present two points in favour of autonomism: its simplicity and not having the burden of proof. Then I discuss Carroll’s merited response argument for moralism and I argue that in its best interpretation either it begs the question against autonomism or it is compatible with it. I conclude with some possible objections that may help further investigations on the subject. (shrink)

This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in his pocket (...) shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)

The article deals with the problem of the divine light in the mystical works of St Symeon the New Theologian in the context of the Eastern Christian ascetical tradition. The author focuses on the passages referring to the divine light in the works of Evagrios Pontikos, St Isaac the Syrian, St Maximus the Confessor, and in the Makarian corpus. As is shown in the present contribution, none of these authors created a fully-developed theory of the vision of the divine light. (...) Being close to these writers in many ideas, St Symeon was generally independent of any of them in his treatment of the theme of vision of light, always basing himself primarily upon his own experience. (shrink)

As Ebbinghaus (1908) tells us in the opening words of his popular textbook of psychology, “psychology has a long past but only a short history.” In my opinion, there are three foundational moments in the history of psychology and, paradoxically, all three are moments of great advancement in biology. First, in the long past of psychology, psychology did not exist as such but was part of philosophy. It is extremely interesting to understand why it has been necessary, at one point (...) of time in the sixteenth century, to invent this field and to create a signifier – namely “psychology” – separate from philosophy, which enabled the field to distinguish itself from philosophy (Mengal, 2000/2001). In this century of religious violence, bare corpses lay everywhere and progresses in anatomy are major. In 1540, the German religious reformer Philippe Melanchthon publishes a book which comments the De anima of Aristotle and he completes the Aristotelian text with a long treaty of anatomy (Mengal, 2000/2001). On the basis of this new knowledge, Melanchthon attributes functions to the body which were previously reserved for the soul. The brain becomes the principal organ of sensory functions and displaces the heart as the seat of emotional life and of thought. To the Aristotelian position that all living beings, whether plant, animal, or human, to varying degrees possess a soul which organizes the body, Melanchthon opposes a dualistic anthropology which divides the human in body and soul. The two-dimensional “anthropologia” is articulated in “anatomia,” science of body, and “psychologia,” science of the soul. It is this new anthropology that is diffused into the world of the Reformation (Mengal, 2000/2001). The Dutch reformer Snellius (1594), for example, defines the body and the soul by their respective essential property: “The rational soul of man is the thought that, coupled with the body, completes man. (…) The physical things closer to natural bodies that move naturally, have an extension and for that reason occupy a space. (…) The faculty of the rational soul is the mind or will. Thought is the faculty of the soul to discourse and think about things which are and which are not.”1 (Snellius, 1594, pp. 26–27). It is as a philosopher that René Descartes proposes his dualist vision much in line with the reformist opinions. Descartes dissects animals and human cadavers and is familiar with the research on the flow of blood (Fuchs, 2001). He comes to the conclusion that the body is a complex device that is capable of moving without the soul, thus contradicting the Aristotelian doctrine of the soul. The metaphysical order, which states that the body exists by the soul, is broken. (shrink)

Vietnamese scientists on the list of "100.000 influential scientists" this year increased sharply in number and rank. -/- The ranking was selected by a group of scientists led by Professor John PA Ioannidis and colleagues from Stanford University (USA) on the Scopus database and published by Elsevier Publishing House.

Growing technological advances in intelligent artifacts and bitter experiences of the past have emphasized the need to use and operate ethics in this field. Accordingly, it is vital to discuss the ethical integrity of having intelligent artifacts. Concerning the method of gathering materials, the current study uses library and documentary research followed by attribution style. Moreover, descriptive analysis is employed in order to analyze data. Explaining and criticizing the opposing views in this field and reviewing the related literature, it is (...) concluded that the proof of the ethical integrity of the intelligent artifacts is possible due to the specific features of these artifacts and their own moral system. (shrink)

The year 2009 has been a year of numerous commemorations of both scientific and non-scientific achievements that contributed to the advancement of human kind. Protestants celebrated the 500th anniversary of the birth of Calvin; literary critics celebrated the 200th anniversary of the poet Edgar Allan Poe; and the musical genius Felix Mendelssohn-Bartholdy was also born 200 years ago. 2009 further marked the bicentennial of the birth of Louis Braille, the inventor of Braille; and Abraham Lincoln, the 16th president of the (...) United States, who founded the National Academy of Sciences. Pierre Curie, famous for his work on radioactivity that he conducted together with his wife Marie Curie, was born 150 ago; as was John Dewey, a philosopher and psychologist who is recognized as one of the founding fathers of both pragmatism as well as functional psychology. UNESCO and the International Astronomical Union dubbed 2009 the International Year of Astronomy. By doing so, astronomers celebrated the 400th anniversary of Galileo Galilei’s telescopic observations as well as the publication of Johannes Kepler’s Astronomia nova wherein he formulated the first two laws of planetary motion. 2009 also marked the last of a 3-year-long celebration of Planet Earth, another UNESCO-governed initiative. However, for evolutionary biologists and philosophers of science, 2009 will be largely remembered for its worldwide commemorations of the 200th anniversary of the birth of Charles Darwin, and the 150th anniversary of the publication of his magnum opus On the origin of species by means of natural selection. Footnote1 In order to pay tribute to Darwin’s major contribution to the advancement of evolutionary science, the International Union of Biological Sciences and the International Union of History and Philosophy of Science have called the year 2009 the Darwin Year. Given that so many scientific discoveries were commemorated, COPUS, the Coalition on the Public Understanding on Science, called out 2009 as the Year of Science, in the hope to pay equal tribute to both the field of biology as well as astronomy. 2009 was indeed a year of biology. Somewhat overshadowed by the big Darwin celebrations, smaller-scaled events were held to commemorate the 200th anniversary of the publication of Lamarck’s Philosophie Zoologique; and the 150th anniversary of the death of Alexander von Humboldt, the father of biogeography. In 1910, Constantin Mereschkowsky wrote his article on symbiogenesis entitled ‘The Theory of Two Plasmas as the Basis of Symbiogenesis, a New Study for the Origins of Organisms’. The article was published in the German Biologisches Zentralblatt, the journal that would later evolve into the current Theory in Biosciences. Somewhat forgotten, but equally important for the field of symbiogenesis, was the 200th anniversary of the birth of Pierre-Joseph Van Beneden, a Belgian paleontologist and zoologist famous for distinguishing parasitism from commensalism. Finally, Henry Bergson, known for inventing the currently rejected notion of élan vital, was born 150 years ago. In order to memorialize the important role these biologists played in the advancement of our understanding of the evolutionary process, a 2-day international conference was organized entitled: Evolution today and tomorrow, Darwin evaluated by contemporary evolutionary and philosophical theories. The conference was organized by The Centre for Philosophy of Science of the University of Lisbon (Portugal), in collaboration with the Centre for Environmental Biology of the same university, and the Lisbon Centre for Applied Psychology. The articles presented here are a spin-off of this conference. The current volumes contain the peer-reviewed articles of a selection of the plenary and invited speakers, as well as those of scholars who were additionally invited to contribute to the volumes. (shrink)