RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal (...) v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Atwater v. Lago Vista is a stand-alone case in Fourth Amendment jurisprudence. Often basic Fourth Amendment jurisprudence builds off other case law. There is a clear buildup regarding the exclusionary rule from Weeks v. United States (1914) to Silverthorne Lumber Co. v. United States (1920) to the expansion of “the fruit of the poisonous tree” doctrine to Mapp v. Ohio (1961) incorporating U.S. Constitution the Fourth Amendment to the states. -/- Likewise, there are cases building up (...) from the incorporation into the states from United States v. Leon (1984) to Arizona v. Evans (1995), expanding Fourth Amendment case law and rights. The cavalcade of these cases somewhat plays a ballet of expanding and contracting the rights in certain circumstances. But the rights build off and limit each other in a cognizable method. -/- Atwater v. Lago Vista is not based on such a cavalcade of cases. It is a stand-alone case at best citing 1600s case law, norms, and rules from before the founding of the United States. Granted, the United States adopted much of the English jurisprudence in the founding of the United States. (shrink)

The transition economy of Vietnam enjoyed remarkable achievements in the first 20 years of economic renovation (Doi Moi) from 1986 to 2006. Notably, the economy grew at an average annual rate of 7.5% in 1991-2000 period. Vietnam’s Amended Constitution 1992 recognized the role of private sector in the economy. U.S.-Vietnam Trade Bilateral Agreement (US-BTA) was signed in 2001. The country's stock market made debut trading in 2000. Vietnam became a member of Association of Southeast Asian Nations (ASEAN) in 1995, (...) then proceeded to full membership of the World Trade Organization in 2007, following which registered foreign direct investment (FDI) reached an all-time high of US$71.7 billion in 2008. Together with the impressive economic achievements, Vietnam also saw its diplomatic and political status constantly improved in the international arena. The country has established diplomatic relations with more than 170 countries in the world, strategic partnerships with 12 important economies, both developed and emerging, namely China, Japan, Russia, India, England, France, North Korea, Italy, Germany, Indonesia, Malaysia and Thailand. The country also successfully hosted important events including the Asia Pacific Economic Cooperation (APEC) in 2006. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April (...) 13, 2007, on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

Abstract: The objective of this study was to examine empirically the determinants of job satisfaction levels among community development officer in Oyo State, Nigeria. Due to this, two research questions were formulated and answered. All community development officers across thirty-three local government areas of Oyo state formed the target population. However, fifteen local governments were chosen for the study from the existing number, also, simple random sampling technique which was stratified in nature and operation was used to select seven-hundred and (...) seventy one (771) respondents which cut across three strata (that is three senatorial districts). Structured questionnaire was used to elicit information from the respondents, while descriptive component of statistics was employed to analyse the data generated from the instrument. The empirical findings from demographic attributes of the respondents revealed that the majority of the community development officers participated in the study were female by gender, first degree or Higher National Diploma by qualifications, spent between 4-6 years in service as community development agent, Christian by religious affiliation, and inspector in terms of cadre. Based on the determinants levels of job satisfaction, it was discovered from majority point of view that the current placement in the job, future prospect of the career, availability and accessibility of on-the-job training, favourable working conditions, regular promotion, routine of the job, level of motivation, monthly remuneration among others were some of the determinants of job satisfaction levels among community development officers. The study recommended constant and regular initiation of programmes like on-the-job training, regular payment of wages and salaries, attractive social welfare packages to mention a few for the community development officers regardless of their gender and religious affiliation. (shrink)

By 20 October 2021, the U.S. Food and Drug Administration (FDA) had amended its Emergency Use Authorizations for immunocompetent adults who previously received the Pfizer-BioNTech, Moderna, or Johnson & Johnson COVID-19 vaccines. For the 2-dose Pfizer-BioNTech and Moderna vaccines, the FDA permitted a single booster dose for adults aged 65 years or older and adults aged 18 to 64 years at high-risk for severe COVID-19 or at high risk for occupational or institutional COVID-19 exposure. For the single-dose Johnson & Johnson (...) vaccine, the FDA permitted a single booster dose for all adults aged 18 or older. These eligibility schemes were endorsed by the Centers for Disease Control and Prevention shortly after FDA approval. (shrink)

Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...) world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (shrink)

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...) and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

The global water crisis is being exacerbated by climate change, even in the United States. Recycled water is a feasible alternative to alleviate the water shortage, but it is constrained by humans’ perceptions. The current study examines how residents’ water scarcity awareness and climate change belief influence their willingness to use recycled water directly and indirectly. Bayesian Mindsponge Framework (BMF) analytics was employed on a dataset of 1831 residents in Albuquerque, New Mexico, an arid inland region in the US. We (...) discovered that residents’ willingness to use direct recycled potable water is positively affected by their awareness of water scarcity, but only if they believe in the impacts of climate change on the water cycle. Meanwhile, the willingness to use indirect recycled potable water is influenced by water scarcity awareness, and the belief in climate change further enhances this effect. These findings implicate that fighting climate change denialism and informing the public of the water scarcity situation in the region can contribute to the effectiveness and sustainability of long-term water conservation and climate change alleviation efforts. (shrink)

Quasi-Nelson logic (QNL) was recently introduced as a common generalisation of intuitionistic logic and Nelson's constructive logic with strong negation. Viewed as a substructural logic, QNL is the axiomatic extension of the Full Lambek Calculus with Exchange and Weakening by the Nelson axiom, and its algebraic counterpart is a variety of residuated lattices called quasi-Nelson algebras. Nelson's logic, in turn, may be obtained as the axiomatic extension of QNL by the double negation (or involutivity) axiom, and intuitionistic logic as the (...) extension of QNL by the contraction axiom. A recent series of papers by the author and collaborators initiated the study of fragments of QNL, which correspond to subreducts of quasi-Nelson algebras. In the present paper we focus on fragments that contain the connectives forming a residuated pair (the monoid conjunction and the so-called strong Nelson implication), these being the most interesting ones from a substructural logic perspective. We provide quasi-equational (whenever possible, equational) axiomatisations for the corresponding classes of algebras, obtain twist representations for them, study their congruence properties and take a look at a few notable subvarieties. Our results specialise to the involutive case, yielding characterisations of the corresponding fragments of Nelson's logic and their algebraic counterparts. (shrink)

The elections and political parties are necessary ingredients of democratic governance. Elections are a necessary condition of representative democracy. In representative democracy citizens participate in politics primarily by choosing political authorities in competitive elections. Elections, hence, are a necessary and crucial instrument to make democracy work. In India, free and fair elections are held at regular intervals as per guidelines of the constitution and the Election Commission. To make them free of flaws it is essential to reform them from (...) time to time. Electoral reform means introducing fair electoral systems for conducting fair elections. It also rejuvenates the existing systems to enhance and increase the efficiency of the same. Following the demands of electoral reforms several committees were being set up. Some of the measures like reduction of voting age and anti defection law are appreciable but there are other vital areas in election field completely neglected. This paper will evaluate about different attempts made for electoral reforms in India. Different challenges before the Election Commission are also been discussed, also how it can be made effective as suggested by Commission in India will be presented. A comparative analysis with other democratic countries like U.S.A and U.K. is added to it. (shrink)

This study was conducted to determine the effectiveness of utilizing the Dual-axis Solar Tracker in harnessing solar energy and storing it in lithium-ion batteries in terms of voltage and milliamps per hour gained. This study utilized two solar panel systems, the Static Solar Panel System and the Dual-Axis Solar Tracker and aimed to prove the significant difference generated by solar panel systems in terms of voltage and milliamps per hour. This study employed an Applied Experimental Research Design utilizing Arduino Uno, (...) light-dependent resistors, micro servos, and solar panels to create the Dual-Axis Solar Tracker. The data gathered from the electric quantities during the seven-day sun exposure were tabulated, analyzed, and computed using mean tests, standard deviation, and T-tests to find the significant difference between the two solar panels. Based on the analyses of the data, it was revealed that the Dual-Axis Solar Tracker was superior in terms of voltage and milliamps per hour generated compared to the Static Solar Panel System. Moreover, computations using the T-test found that in terms of voltage and milliamps per hour generated, there was a significant difference between the Dual-Axis Solar Tracker and the Static Solar Panel System. Based on the findings of the study, it is concluded that the utilization of the Dual-Axis Solar Tracker statistically increases the effectiveness of solar panels in harnessing energy generation. (shrink)

Islamic Law & it's purpose to give directions to human life.

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the (...) 5-4 majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital interests (...) of pregnant women must always take precedence over fetuses’ interests. While agreeing with the main thesis of the article, we believe that the author’s argument neither vindicates his claim, nor explains why those who believe that fetuses are equally protectable human beings do not have the right to refuse to perform an abortion in lifethreatening emergency circumstances (AE). Therefore, the main aim of our commentary is to outline, by referring to our earlier works on conscientious objection in health care (Z_ uradzki 2016) and cultural exemptions (Ciszewski 2016), a better and universalizable argumentative path that would lead to the same conclusion. (shrink)

Many feminists (e.g. T. Bettcher and B. R. George) argue for a principle of first person authority (FPA) about gender, i.e. that we should (at least) not disavow people's gender self-categorisations. However, there is a feminist tradition resistant to FPA about gender, which I call "radical feminism”. Feminists in this tradition define gender-categories via biological sex, thus denying non-binary and trans self-identifications. Using a taxonomy by B. R. George, I begin to demystify the concept of gender. We are also able (...) to use the taxonomy to model various feminist approaches. It becomes easier to see how conceptualisations ofgender which allow for FPA often do not allow for understanding female subjugation as being rooted in reproductive biology. I put forward a conceptual scheme: radical FPA feminism. If we accept FPA, but also radical feminist concerns, radical FPA feminism is an attractive way of conceptualising gender. (shrink)

Today, the world is facing many global crises and challenges. In order to limit negative environmental and social impacts, human being had put forward the concept of sustainable development, set goals and taken actions to advance the process of sustainable development. However, scholars’ research on sustainable development mainly focuses on the three major aspects: economy, society and environment/ecology. Only a few articles talked about culture and sustainable development. In order to further promote the development of human high-quality life and the (...) construction of sustainable development, it must consider the relationship between culture and sustainable development. Therefore, the thesis raises two research questions: 1. What is the connection and contribution of culture to the sustainable development according to the scholars’ research on sustainable development in the past? 2. How can culture contribute to sustainable development? The first part of this thesis introduced the background, significance, and the objectives of the research. Then, the second part defined the concept of “culture” discussed in this research, which referred to all the spiritual activities of mankind and its products. Culture explains the core problems of kinds of issues being produced, sent, communicated, accepted, understood, and mutated to people, and all kinds of cultural forms are the basic methods of providing human communication and studying things. viii These products and activities were divided into two kinds, the material culture and non-material culture. Material culture was an entity that existed, it presented culture in a physical, perceptible and measurable form while non-material culture included symbols, values, cultural norms and people’s way of life, it was abstract and constantly inherited. The third part was to introduce the process of culture development through Sichuan cuisine’s development. Culture itself had the characteristics of development and inheritance, but to achieve the sustainable development of culture, it required planning and strategy. Consequently, the author combed the milestone of culture development in the process of sustainable development, sorting out the characteristics of sustainable development culture, that required sustainable development culture were: people-based, participation-based, systematic, pluralistic, dynamic, integrated, confident and responsible. The third part used two methods to analyze the literature that met the search criteria in Web of Science from 1900 to 2020. The first was Occurrence, resulted in 11463 results, finding that the most studied areas of sustainable development were environmental science, green sustainable science technology and environmental studies, which meant research on culture and sustainable development was a weak subject compared to other areas. The second was Co-occurrence, resulted in 52 review articles, then used the method of the systematic literature review to analysis. Lastly, these 52 articles were analyzed by the systematic literature review (SLR) approach, and then ix divided into four categories and were the focus of this article. The first category directly discussed the relationship between culture and sustainable development; the second category discussed of the single culture in sustainable development; the third category was the development of culture in specific circumstance in the context of sustainable development; and in the fourth category, “culture” meaning cultivation, not related to the culture this paper discussed about. From the above analysis for 52 articles, the following findings and discussing are discovered: in sustainable development, the definition of culture is too broad and then requires a concept of “culture”, which can be adapted to various disciplines and applied to sustainability research. Culture needs to be and should be a pillar of sustainable development. Culture can be in, for, as sustainable development. Culture is not only an artistic and creative activity, but also concerned with the relationship with nature and a broader social issue. The power of culture in sustainable development cannot be ignored, it can not only play in the other pillars of sustainable development, but also can eventually form a sustainable development culture, to change people’s way of life, behavior and mind, so that human beings can be better and more sustainable development. (shrink)

This study aimed to determine the sustainable marketing strategies for micro, small, and medium enterprises (MSMEs) amidst the COVID-19 pandemic. In this research technique, a quantitative descriptive survey was utilized to examine 363 MSMEs in designated cities and municipalities in Pangasinan, such as Binmaley, Calasiao, Dagupan City, Mangaldan, San Carlos City, Santa Barbara, and Urdaneta City, all registered with the Department of Trade and Industry (DTI). According to the findings, manufacturing is the primary industry for most respondents; they are sole (...) proprietorships with less than PhP3 Million in assets, have 1-9 employees, and have been in operation for less than three years. The sustainable marketing strategies implemented by the MSMEs in terms of product, place, price, promotion, physical evidence, people, and process are considered extremely important. The level of effectiveness in sustaining marketing strategies of MSMEs is considered very effective. The respondents assessed the problems encountered by the MSMEs in sustaining marketing strategies as extremely serious. It can be concluded that the majority of the respondents were in the manufacturing business, a single type of business organization, and, capitalization comprises not more than 3 million. Most of them have a minimal number of employees and operate for a short time. For the sustainable marketing strategies implemented by the MSMEs product, place, price, physical evidence, people and process are extremely important while promotions are very important. The effectiveness of 7ps of marketing is considered very effective. The respondent’s problems encountered by the MSMEs in sustaining marketing strategies as extremely serious. (shrink)

The Introduction outlines, in a concise way, the history of the Lvov-Warsaw School – a most unique Polish school of worldwide renown, which pioneered trends combining philosophy, logic, mathematics and language. The author accepts that the beginnings of the School fall on the year 1895, when its founder Kazimierz Twardowski, a disciple of Franz Brentano, came to Lvov on his mission to organize a scientific circle. Soon, among the characteristic features of the School was its serious approach towards philosophical studies (...) and teaching of philosophy, dealing with philosophy and propagation of it as an intellectual and moral mission, passion for clarity and precision, as well as exchange of thoughts, and cooperation with representatives of other disciplines.The genesis is followed by a chronological presentation of the development of the School in the successive years. The author mentions all the key representatives of the School (among others, Ajdukiewicz, Lesniewski, Łukasiewicz,Tarski), accompanying the names with short descriptions of their achievements. The development of the School after Poland’s regaining independence in 1918 meant part of the members moving from Lvov to Warsaw, thus providing the other segment to the name – Warsaw School of Logic. The author dwells longer on the activity of the School during the Interwar period – the time of its greatest prosperity, which ended along with the outbreak of World War 2. Attempts made after the War to recreate the spirit of the School are also outlined and the names of followers are listed accordingly. The presentation ends with some concluding remarks on the contribution of the School to contemporary developments in the fields of philosophy, mathematical logic or computer science in Poland. (shrink)

It is observed that most development modalities employed over the years for achieving community development in Africa have not leaved up to expectation in terms of involving the majority of people in the quest for national transformation and development; rather, these modalities tend to complicate the very problems they are set out to solve. The situation is mostly like this because the adopted development strategies have not taken adequate cognizance the essence of effective communication methods and the importance of people’s (...) perspectives and peculiarities in these processes. Mostly, the so-called outsiders and experts in development matters who are physically and socially separated from the people think for them and about their development. This situation is inimical to genuine and sustainable development. It is important therefore to note that development can only be meaningful and sustainable when it is people generated; involving people’s real needs and their participation in the process of achieving them. It is at this point therefore that community theatre can come handy as it has the potentials to bring people together to discuss issues that disempowered them and participatorily proffer solutions to the negatives. Community theatre can be explored to work with rural and urban people; mostly the rural dwellers who are mostly disempowered. In view of this therefore, this paper posits that community theatre is a method of participatory communication towards achieving social change. (shrink)

Abstract: Colombia's armed conflict, one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time.

Focusing on a particular facet of entitlement theory, I criticize the view that Nozick’s version of the theory provides an adequate description of procedural justice. I agree with Nozick that justice is procedural; however, I believe his entitlement theory as it currently stands is incomplete. I show that Nozick is committed to believing that the implied content of his entitlement theory is unjust, and therefore that a certain set of market transactions ought to be judged as legally wrong according to (...) Nozick’s own political foundations. Furthermore, I demonstrate that the Non-Aggression Principle is inconsistent with what a procedurally just entitlement theory would require, and therefore diminishes the degree to which a full-fledged account of distributive justice can properly be called libertarian. Finally, I offer a principle intended as a starting point for a discussion of what constitutes just transfer, and briefly speculate as to the legal results of implementing such a principle. (shrink)

The COVID-19 crisis opened up discussions on using online tools and platforms for academic work, e.g. for research (management) events that were originally designed as face-to-face interactions. As social scientists working in the domain of responsible research and innovation (RRI), we draft this paper to open up a dialogue on Responsible online Research and Innovation (RoRI), and deliberate particular socioethical opportunities and challenges of the onlineification in collaborative theoretical and empirical research. An RRI-inspired ‘going online’ approach would mean, we suggest, (...) trying to make academic events and research activities more inclusive, researchers’ attitude to their work more reflective and suggest processes that are more responsive to societal needs and ethical concerns. For such systematic reflection, we suggest using the RRI-heuristic provided by Owen et al., and applying the dimensions of ‘Anticipation, Inclusion, Reflection and Responsiveness’ (AIRR) in order to identify and reflect on the dilemmas involved in ‘going online’ in one’s research. (shrink)

The answer of Lowe to Ramsey’s argument against the distinction universal vs. indivi- dual: At the beginning of this article Ramsey’s argumentation against universal‐particular distinction is presented. It is based on the assumption that this division requires another one: namely, subject‐predicate distinction. This argumentation was a starting point for Lowe, who does not respect the aforementioned assumption. In his theory, there are not two but four categories, namely: substantial universals, non‐substantial universals, substantial particulars, and non‐substantial particulars. Two of these categories (...) are categories of universals; the other two are categories of particulars. Lowe tries to de ne categories in an ontological way, that is, with essential use of ontological notions. These notions are rigid and non‐rigid existential de‐ pendence, which are themselves de ned in terms of necessity and existence. The contribution of this paper is an analysis of Lowe’s solution. In the rst place, it is con onted with Ramsey remarks. Then other objections are considered. Some of them do not respect the very idea of autonomous ‘ontological way’ in philosophy. Others concern Lowe’s particular version of it. Possible answers to all of these objections are presented, such that Lowe’s theory is defended. However, there is no ultimate conclusion here. In the author’s opinion autonomy and the value of ontology cannot be shown om a purely external position. We should rst assume that this discipline does make sense and then explore its virtues by using its notions. (shrink)

I offer two potential diagnoses of the behavioral norms governing post‐truth politics by comparing the view of language, communication, and truth‐telling put forward by David Lewis (extended by game theorists), and John Searle. My first goal is to specify the different ways in which Lewis, and game theorists more generally, in contrast to Searle (in the company of Paul Grice and Jurgen Habermas), go about explaining the normativity of truthfulness within a linguistic community. The main difference is that for Lewis (...) and game theorists, “truthful” signaling follows from an align- ment of interests, and deception follows from mixed motives leading to the calculation that sending false information is better for oneself. Following in the Enlightenment tradition, Searle argues that practical reasoning, which involves mastery of at least one language, requires that actors intend to communicate. This intention includes constraining the content of statements to uphold veracity conditions. After distinguishing between these two accounts, I will artic- ulate the implications for explaining, and even informing actions, constitutive of post‐truth politics. I argue that the strategic view of communication is suffi- cient neither to model everyday conversation nor to reflect a public sphere useful for democratic govern- ment. Both the pedagogy of strategic communication as cheap talk, and its concordance with new digital information technologies, challenge norms of truthful- ness that underlie modern institutions essential to an effective public sphere. (shrink)

Anydomainofscientificresearchhasitssustainingorthodoxy. Thatis, research on a problem, whether in astronomy, physics, or biology, is con- ducted against a backdrop of broadly shared assumptions. It is these as- sumptionsthatguideinquiryandprovidethecanonofwhatisreasonable-- of what "makes sense." And it is these shared assumptions that constitute a framework for the interpretation of research results. Research on the problem of how we see is likewise sustained by broadly shared assump- tions, where the current orthodoxy embraces the very general idea that the business of the visual system is to (...) create a detailed replica of the visual world, and that it accomplishes its business via hierarchical organization and by operatingessentiallyindependently of other sensorymodalitiesas well as independently of previous learning, goals, motor planning, and motor execution. (shrink)

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These criticisms, (...) we argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

Virtues and reasons are two of the most fruitful and important concepts in contemporary moral philosophy. Many writers have commented upon the close connection between virtues and reasons, but no one has done full justice to the complexity of this connection. It is generally recognized that the virtues not only depend upon reasons, but also sometimes provide them. The essays in this volume shed light on precisely how virtues and reasons are related to each other and what can be learned (...) by exploring this relationship. Virtue’s Reasons is divided into three sections, each of them devoted to a general issue regarding the relationship between virtues and reasons. The first section analyzes how the virtues may be related to, or linked with, normative reasons in ways that improve our understanding of what constitutes virtuous character and ethical agency. The second section explores the reasons moral agents have for cultivating the virtues and how the virtues impact moral responsiveness or development. The final section examines how reasons can be employed in understanding the nature of virtue, and how specific virtues, like modesty and practical wisdom, interact with reasons. This book will be of major interest to scholars working on virtue theory, the nature of moral character, and normative ethics. (shrink)

While it seems to be evident that the vision of the eternal return of the same is the solution to the riddle mentioned in "On the vision and the riddle," exactly what constitutes the riddle is anything but clear. Li ke all good riddles the solution demands a paradigm shift. Nietzsche's riddle is solved by a radical rethinking of the concept of time, from a straight line to a circle. I give a detailed account of how Nietzsche's riddle is formulated (...) in such a way tha t the eternal return of the same is the only possible solution. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

This article analyses the general economy of Georges Bataille (1897–1962) in relation to political economy. In the first section I present a critical perspective on economy that is necessary in order to appreciate Bataille’s conception of general economy, which is presented in the second section. The general economy is first considered in a macro-perspective, which comprises the whole of the universe, second in a micro-perspective, where the subjective aspect of economy is maintained as non-objectified desire and inner experience. In the (...) third section I turn to the general economy as it was explicitly intended, namely as a political economy. First I argue that the suggestions that Bataille himself presents are apolitical in an ordinary sense of politics, and that this can be shown to be due to some conceptual slides between nature and society and between history and ontology. I then sketch some postmodern attempts to legitimize respectively capitalism and communism, which refer to the general economy, but argue finally that Bataille can escape both, since he maintains the important distinction between need and desire. Although Bataille’s conception of economy thus reminds us of aspects often overlooked by economy in an ordinary sense, it also contains some serious aporias, which means that it cannot constitute the theoretical basis of a new general political economy, as Bataille had hoped. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

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

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

Nobody claims to be a proponent of white feminism, but according to the critique presented in this article, many in fact are. I argue that feminism that does not take multiple axes of oppression into account is bad in three ways: it strategically undermines solidarity between women; it risks inconsistency by advocating justice and equality for some women but not all; and it impedes the ultimate function of feminism function by employing epistemological “master’s tools” that stand in antithesis to feminist (...) emancipatory work. In investigating ethnocentrism in feminism, I develop the idea of latent ethnocentrism, which occupies the space between meaning that is generated from reference to the self and overt racism. I identify an epistemological prong in the ethnocentrism charge against feminism, where I draw on bell hooks’ interlocking axes-model of oppression to answer why the ethnocentrism problem is important for feminism and what its underlying epistemological causes are. I draw on Uma Narayan’s destabilization of cultural dualisms to argue that they do not serve emancipatory agendas. There is a mutually constitutive relation between language that informs our understanding, on the one hand, and the political agendas that produce this language to sustain the male and the western norm as center, on the other hand. I call this circular and reciprocally reinforcing mechanism the episteme-politic. I conclude that the ethnocentrism problem is not merely an issue of strategy or feminist consistency but of shooting oneself in the foot by uncritically accepting patriarchal concepts for feminist politics. (shrink)

As the federal government distributed remdesivir to some of the states COVID-19 hit hardest, policymakers scrambled to develop criteria to allocate the drug to their hospitals. Our state, Michigan, was among those states to receive an initial quantity of the drug from the U.S. government. The disparities in burden of disease in Michigan are striking. Detroit has a death rate more than three times the state average. Our recommendation to the state was that it should prioritize the communities that bear (...) a disproportionate burden of suffering in the allocation of the new potential treatment. This recommendation is justified not only for new drugs with uncertain effects, but also for drugs of certain benefit or vaccines. For states with significant health disparities, such as Michigan, this allocation priority may help to repair them. In fact, any other allocation strategy may make them worse. (shrink)

Abstract: Receptivity is a foundational concept in the analysis of causation given in Gregg Rosenberg’s A Place for Consciousness and it enters, directly or indirectly, into the definitions of a host of other terms in the book. This commentary raises a problem (which I call “the triviality problem”) about how we are to understand receptivity. Search for a solution proceeds by examination of several contexts in which the concept of receptivity is used. Although a satisfactory solution remains elusive, it is (...) hoped that making the problem clear will lead to its eventual resolution. (shrink)

In this paper, I describe some aspects of the phenomenon of "experimental mathematics" in order to discuss whether it constitutes a subdiscipline or a particular style of mathematics. My conclusion is that neither of these notions accurately capture the complex culture of experimental mathematics.

The verses have constituted a living document upon which our various forebears, seeking to discover and revitalize for themselves identities in the world, have left behind a succession of exegetical imprints.

One recent priority of the U.S. government is developing autonomous robotic systems. The U.S. Army has funded research to design a metric of evil to support military commanders with ethical decision-making and, in the future, allow robotic military systems to make autonomous ethical judgments. We use this particular project as a case study for efforts that seek to frame morality in quantitative terms. We report preliminary results from this research, describing the assumptions and limitations of a program that assesses the (...) relative evil of two courses of action. We compare this program to other attempts to simulate ethical decision-making, assess possibilities for overcoming the trade-off between input simplification and output reliability, and discuss the responsibilities of users and designers in implementing such programs. We conclude by discussing the implications that this project highlights for the successes and challenges of developing automated mechanisms for ethical decision making. (shrink)

When we encounter extremist rhetoric, we often find it dumbfounding, incredible, or straightforwardly unintelligible. For this reason, it can be tempting to dismiss or ignore it, at least where it is safe to do so. The problem discussed in this paper is that such dismissals may be, at least in certain circumstances, epistemically unjust. Specifically, it appears that recent work on the phenomenon of hermeneutical injustice compels us to accept two unpalatable conclusions: first, that this failure of intelligibility when we (...) encounter extremist rhetoric may be a manifestation of a hermeneutical injustice; and second, that remedying this injustice requires that we ought to become more engaged with and receptive of extremist worldviews. Whilst some theorists might interpret this as a reductio of this framework of epistemic in/justice, we push back against this conclusion. First, we argue that with a suitably amended conception of hermeneutical justice—one that is sensitive to the contextual nature of our hermeneutical responsibilities, and to the difference between understanding a worldview and accepting it—we can bite the bullet and accept that certain extremists are subject to hermeneutical injustice, but without committing ourselves to any unpalatable conclusions about how we ought to remedy these injustices. Second, we argue that bringing the framework of hermeneutical in/justice to bear upon the experience of certain extremists actually provides a new and useful perspective on one of the causes of extremism, and how it might be undermined. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Most moral theories share certain features in common with other theories. They consist of a set of propositions that are universal, general, and hence impartial. The propositions that constitute a typical moral theory are (1) universal, in that they apply to all subjects designated as within their scope. They are (2) general, in that they include no proper names or definite descriptions. They are therefore (3) impartial, in that they accord no special privilege to any particular agent's situation which cannot (...) be justified under (2) and (3). These three features do not distinguish moral theories from other theories, nor indeed from most general categorical propositions we assert. Yet, in recent years, these features of moral theories have been the target of a certain concerted and sustained criticism, namely, that to be committed to such a moral theory, or to aspire to act in accordance with its requirements, results in what has come to be known as moral alienation. Moral alienation, according to this criticism, consists in (i) viewing one's ground projects from an impersonal, "moral point of view" engendered by one's acceptance of the theory; (ii) being prepared to sacrifice these projects to the requirements of moral principle; and (iii) making such a sacrifice specifically and self-consciously in order to conform to these requirements. Moral alienation is said to manifest itself in one (or both) of two ways, depending on the nature of the project thus susceptible to sacrifice. One may be alienated from oneself, if the project consists of tastes, convictions, or aspirations that are centrally definitive of one's self. In this case one's commitment to the project can be at best conditional on its congruence with one's moral theory. It is claimed that this must make for a rather tepid and unenthusiastic commitment indeed. Alternatively, one may be alienated from others, if the project is an interpersonal relationship such as a friendship, marriage, or collegial relationship. In this case one's responses to the other are motivated by one's awareness of what one's moral theory requires. It is claimed that this obstructs a genuine and unmediated emotional response to the other as such. My aim here will be to argue that this very compelling criticism - call it the moral-alienation criticism - is nevertheless misdirected. The real culprit is not any particular moral theory, but rather a certain familiar personality type that may or may not adopt it. (shrink)

This article argues that certain interpretive trajectories within Jewish tradition – both halakhic (nomos) and aggadic (narrative) – can be illuminated vis-a-vis classical American pragmatism (CAP). Contrary to a prevalent belief, Peirce, James, and Dewey were neither anti-metaphysical nor anti-traditional. They contended, in different ways, that the ‘pragmatic maxim’ (PM) – “truth is what works” in James’s phrasing – is not a narrowly instrumentalist truth test. The PM rather implies that ideas and beliefs (philosophical and religious alike) should be examined (...) against their worldly consequences. After a clarification of this relational idea in its pragmatist philosophical context, and an introductory sketch of the appearances of the PM in Jewish tradition, the article examines the PM within the thought of Rabbi Ḥayyim Hirschensohn (RḤH; 1857-1935). The article runs as follows: Section 1 presents CAP and clarifies what the PM is. Section 2 offers a bird’s eye mapping of the application of the PM within Jewish tradition. Section 3 briefs RḤH’s intellectual biography and elaborates on his pragmatist premises and his application of the PM. Rather than conceiving divine commandments as an arbitrary dictate, RḤH viewed them as purposive, relational, and as constituted and reaffirmed by individual and collective human agreements. Finally, the article reflects on the theological-intellectual prerequisites for the application of the PM. (shrink)

Corruptionism is the view that following physical death, the human being ceases to exist but their soul persists in the afterlife. Survivalism holds that both the human being and their soul persist in the afterlife, as distinct entities, with the soul constituting the human. Each position has its defenders, most of whom appeal both to metaphysical considerations and to the authority of St Thomas Aquinas. Corruptionists claim that survivalism violates a basic principle of any plausible mereology, while survivalists tend to (...) reject the principle, though without as much detail as one would like. In this paper I examine both the key exegetical issues and the mereological question, arguing that Aquinas cannot be shown to have supported the principle in question, and that the principle should be rejected on independent grounds. If correct, some key planks in support of survivalism are established, with others to await further examination. (shrink)

Patricia Williams in her book, The Alchemy of Race and Rights, describes being denied entrance in the middle of the afternoon by a “saleschild.” Utilizing the works of Maurice Merleau-Ponty, this article explores their interaction phenomenologically. This small interaction of seemingly simple misunderstanding represents a limit condition in Merleau-Ponty’s analysis. His phenomenological framework does not explain the chasm between the “saleschild” and Williams, that in a sense they do not participate in the same world. This interaction between the “saleschild” and (...) Williams represents a moment when the two contest exactly what is reason in our society. To the extent that society discerns one’s actions as reasonable and the other’s actions as unreasonable, our society participates in determining that which constitutes reason. Williams’s work speaks precisely to this chasm as evident in her text’s subtitle, Memoirs of a Mad Woman. This decision relegates one subject to “judiciousness” and relegates the other to “madness.”. (shrink)

In paradigmatic Confucian (Ruist) discourses, emotion (qing) has been depicted as co-arising with human nature (xing) and an irreducible constitutive source of human practices and their interpretation. The affects are concurrently naturally arising and alterable through how individuals react and respond to them and how they are or are not cultivated. That is, emotions are relationally mediated realities given in and transformed through how they are felt, understood, interpreted, and acted upon. Confucian discourses have elucidated the ethical character of the (...) emotions and sought to understand and cultivate emotional life as a hermeneutical and ethical task in establishing expectable patterns of human flourishing that orient virtues, roles, and relations. In this chapter, I explore the extent to which classical Ruist and Neo-Confucian discourses offer hermeneutical models for interpreting the complex interconnections between moral psychology and their mediations in the ethical life world. By examining a range of Confucian sources, the author argues that Confucian “moral psychologies” clarify affective dimensions of human existence within the interpersonal nexus of ethical life and indicate ways of cultivating affective awareness for relationally understanding and interpreting others, one’s world, and oneself. (shrink)