This essay draws on the work of Jacques Derrida and Angela Y. Davis towards a philosophical resistance to the death penalty in the U.S. I find promise in Derrida’s claim that resistance to the death penalty ought to contest a political structure that founds itself on having the power to decide life and death, but I move beyond Derrida’s desire to consider the abolition of the death penalty without engaging with the particular histories and geographies of European colonialism. I offer (...) a critique of Derrida’s recently published work on the death penalty by engaging with the work of Davis and argue that discussions of state violence in nations that inherit European forms of sovereignty must take seriously the racist violence on which those sovereign powers rely. (shrink)

Drawing on the work of John Rawls and Thomas Pogge, I argue that the U.S. is in part responsible for the immigration of Mexicans and Central Americans into the U.S. By seeking to further its national interests through its foreign policies, the U.S. has created economic and politically oppressive conditions that Mexican and Central American people seek to escape. The significance of this project is to highlight the role of the U.S. in illegal immigration so that we may first acknowledge (...) our responsibility in order to seek lasting humane solutions. (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)

Not the publicly asserted reasons (humanitarianism and self-defense) but cooptation of oil reserves was the objective behind the US invasion of Iraq in 2003. This underlying motive utterly fails to satisfy just war jus ad bellum conditions. This prioritization of petroleum is well documented and is consistent with decades old US policy towards the Middle East, especially as codified by Anthony Cordesman in 1998 and US DoD's Strategic Assessment 1999 and then adopted by Bush II. This fraudulent use of military (...) force raises a question as to how motives for war can be accurately identified prior to falsely justified belligerence. Some positive signs are noted herein as to political philosophers' better use of Rawls's reflective equilibrium. (shrink)

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime in (...) terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition. (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)

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)

The unusually loyal supporters of Donald Trump are often described as a cult. How can we understand this extreme phenomenon in U.S. politics? We develop theoretical expectations and use the Big Five personality dimensions to investigate whether Trump's most loyal supporters share personality characteristics that might make them inclined to cult-like support. We find that (1) Trump's supporters share high levels of Conscientiousness; (2) this is substantively and statistically distinguishable from the commonly identified association between Conscientiousness and Conservatism; and (...) (3) the association is highly robust to a range of sensitivity tests. Our main findings are robust across two surveys. Study 1 is an online survey conducted in 2021 designed specifically for this project. Study 2 is the 2016 American National Election Study (ANES). (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.

In this article, I will be focusing specifically on cryopreservation and two of the American biotechnomedical tenets introduced by Robbie Davis-Floyd and Gloria St. John in their technocratic model of medicine: the “body as machine” and “death as defeat.” These axioms are embraced by both the biotechnomedical establishment as well as the cryopreservation communities when they discuss the future of humankind. In particular, I will be focusing on the political economy of cryopreservation as an embodiment of American neoliberalism—as well as (...) a Durkheimian death ritual—in the twenty-first century. Finally, I will theorize on a future populated by human beings from “the past” and the implications and consequences that may be caused by contemporary humans experiencing a temporal shift from traveling in deep time vis-à-vis cryopreservation. (shrink)

A new hope has sprouted from the southern part of the Philippines. Politicians outside the Manila-circle felt that they were vindicated when Duterte won the presidency. Of course, the entire nation rejoices with the coming of a “non- traditional” politician, and self-proclaimed leftist and socialist president. But the first two years of Duterte's presidency compel Filipinos to ponder what's going on with the country. Thus, this paper focuses on the incongruity of Duterte's promises with his implementing policies: first, his being (...) leftist and socialist with neoliberal policies implemented; second, democracy with looming tyranny; third, independent-foreign policy while remaining subservient to U.S.A.; lastly, integrating Rousseau's Social Contract Theory, the country's representative democracy i s dealt with the government’s insensitivity to its own polity. Concluding, the paper argues that Duterte's new politics maintain, if not worsen, the socio -politico economic problems he inherits from the preceding presidents. (shrink)

Religious conservatives in the U.S. have frequently opposed public-health measures designed to combat STDs among minors, such as sex education, condom distribution, and HPV vaccination. Using Rawls’s method of conjecture, I will clear up what I take to be a misunderstanding on the part of religious conservatives: even if we grant their premises regarding the nature and source of sexual norms, the wide-ranging authority of parents to enforce these norms against their minor children, and the potential sexual-disinhibition effects of the (...) above public-health measures, their opposition to at least one of these measures, HPV vaccination, cannot be justified. In fact, their comprehensive doctrines, when properly interpreted, should lead them to back this measure and thereby draw closer to a policy consensus with other citizens regarding teenage sexual health. (shrink)

President Rodrigo Duterte to this day has continued to enjoy popularity among majority of the Filipinos. And this, even as Duterte himself has continually graced the headlines, not for any outstanding humanitarian achievement, but for his typical but highly controversial personal blunders and braggadocios, outrageous remarks, and penchant for informalities. And this, too, even as no less than the U.S. intelligence department tags him as a “threat to democracy” and no less than some influential bishops in the Catholic Church accuse (...) him of already going beyond the bounds of the ethical. What could be the reasons why Duterte is still this popular among many Filipinos despite the many controversies that continue to hound him? Does this mean that today’s Filipinos have become too politically blasé to care about what’s going on in the political arena of their country? Or, could it be that Duterte’s continuing popularity actually reflects the political vision of contemporary Filipinos? To answer these questions, in this paper, I will do a Ricoeurian reading of Duterte’s popular presidency. By Ricoeurian reading, I mean that I will be using selected elements in Ricoeur’s political philosophy as evaluative tools in analyzing: 1) whether President Duterte is indeed a “threat to democracy”; 2) whether the Duterte government still falls within the ethical; and 3) whether Duterte’s popular presidency actually reflects the political vision of contemporary Filipinos. (shrink)

World peace was a common theoretical consideration among philosophers during Europe’s Enlightenment period. The first robust essay on peace was written by Charles Irénée Castel de Saint- Pierre, which sparked an intellectual debate among prominent philosophers like Jean- Jacques Rousseau and Jeremy Bentham, who offered their own treatises on the concept of peace. Perhaps the most influential of all such writings comes from Immanuel Kant, who argues that world peace is no “high- flown or exaggerated notion” but rather a natural (...) result of the rational progression of the human species. U.S. President Woodrow Wilson, the mastermind behind the formation of the League of Nations in 1920 that provided the scaffolding to today’s United Nations, read Kant’s philosophy while he was a student at the College of New Jersey (now Princeton University). Some have argued that it is no coincidence that the per-son responsible for embarking upon the first serious political pursuit of world peace on a global scale was familiar with Kant. Indeed, William Galston claims that “Woodrow Wilson’s Fourteen Points [for world peace] were a faithful transcription of both the letter and spirit of Kant’s Perpetual Peace.”3 Historical connections aside, the question remains as to whether Kant’s philosophy is a viable conception of peace in a contemporary context. Using the conceptual distinction of positive and negative peace provided by Johan Galtung, I argue that Kant’s philosophy does provide the scaffolding for a viable conception of peace. In particular, I provide particular examples as to what social rights must be included in a Kantian model of peace. (shrink)

We dwell in a world of physical things. When it comes to the environments that we live in, we usually become oriented to the place, and eventually feel at home in it. Facing death during war and pandemic are times of extreme disorientation, and we sometimes exhibit an impulse to flee. It is no wonder that in those desperate times, some with means and ability consider fleeing to a safer place. But are we morally obliged to act in ways that (...) would ask us to sacrifice our deepest personal commitments and projects for others to meet their commitments and projects? It is argued here that fleeing Bosnia and Herzegovina during wartime, like what happened in the 90s, and fleeing a city during a pandemic may be morally decent actions. However, it is also an issue of political decency and fractured friendships. In cases or war and pandemic, returning home to contribute to the well-being of those they left behind may be morally and politically decent, but the fractured friendships may contribute to normative ambiguity. Why would anyone trust them again and regard them as a loyal friend? Perhaps reestablishing those trusting friendships may require those who remained behind to do what is supererogatory, i.e., doing more than can reasonably be asked of them, which in this case amounts to forgiving those who fled and giving them a second chance by welcoming them back home. (shrink)

In this paper I provide a preliminary account of weakness of political will (political akrasia). My aim is to use theories from the weakness of will literature as a guide to develop a model of the same phenomenon as it occurs in collective agents. Though the account will parallel the traditional view of weakness of will in individuals, weakness of political will is a distinctly political concept that will apply to group agents such as governments, institutional actors, and other political (...) collectives. I further argue that blaming inaction by collective political agents on a “lack of political will” should be understood as blaming a kind of akratic break within the deliberative process, leading to an inability of the collective agent to capitalize on existing group attitudes in order to translate them into policy or legislation. My primary example throughout will be U.S. political inaction with respect to the climate crisis. (shrink)

How political opinions are spread on social media has been the subject of many academic researches recently, and rightly so. Social platforms give researchers a unique opportunity to understand how public discourses are perceived, owned and instrumentalized by the general public. This paper is instead focussing on the political discourses themselves, and how a specific machine learning technique - vector space models (VSMs) -, can be used to make systematic and more objective discourse analysis. Political footprints are vector-based representation of (...) a political discourse in which each vector represents a word, they are produced thanks to the training of the English lexicon on large corpora of text. This paper describes a simple implementation of political footprints, some heuristics on how to use them, and their application to four cases: the U.N. Kyoto Protocol and Paris Agreement, the 2008 and 2016 U.S. presidential elections. The reader will be given some reasons to believe that political footprints produce meaningful results, suggestions on how to improve them and validate the results. (shrink)

Psychometrics firms such as Cambridge Analytica (CA) and troll factories such as the Internet Research Agency (IRA) have had a significant effect on democratic politics, through narrow targeting of political advertising (CA) and concerted disinformation campaigns on social media (IRA) (U.S. Department of Justice 2019; Select Committee on Intelligence, United States Senate 2019; DiResta et al. 2019). It is natural to think that such activities manipulate individuals and, hence, are wrong. Yet, as some recent cases illustrate, the moral concerns (...) with these activities cannot be reduced simply to the effects they have on individuals. Rather, we will argue, the wrongness of these activities relates to the threats they present to the legitimacy of political orders. This occurs primarily through a mechanism we call “emergent manipulation,” rather than through the sort of manipulation that involves specific individuals. (shrink)

Responding to an article in a previous issue from Matthew B. O’Brien on the impermissibility of same-sex marriage, this reply corrects a misinterpretation of Rawls’s understanding of political liberalism and a misdirected complaint against the jurisprudence of the U.S. federal courts on civil marriage and other matters. In correcting these interpretations, I seek to demonstrate that a publicly reasonable case for same-sex civil marriage is conceivable in line with political liberalism. I conclude the article by arguing that, although the same-sex (...) civil marriage issue is likely to be a matter of controversy for some time in western societies, a proper understanding of the theoretical issues at stake may contribute to a partial de-escalation of the ‘culture wars’ currently surrounding the issue. (shrink)

How can intellectuals who oppose the illegitimate war in Iraq come to similar terms with the U.S. neoconservatives, and their unrepentant British collaborators, who have stranded us in it? In the Tempest, Shakespeare’s most political play, comedy though it is meant to be, intellectuals are warned not to consider themselves guiltless. But how can those who marched against the war, or who tried to speak truth to power in other ways, be guilty of its misuses? Surely this is too harsh (...) a view of the role of the public intellectual. What choice did Prospero really have? He was exiled, hapless, stranded. What choice do intellectuals who are against the war have? We, too, are powerless. Aren’t we? (shrink)

Less than one percent of U.S. philosophers are Asian American. This essay contends that the low percentage cannot be fully explained by considerations of demographics, immigration, and "Asian culture." Completeness of explanation requires reference to racial politics and Orientalism in their historic and national dynamics. It also requires reference to various kinds of identity derogation specific to the academy and to philosophy, in particular. The essay concludes with reflection on how the "model minority" discourse adds another layer of complication (...) to the way Asian American philosophers and philosophy students negotiate their way through the academy. (shrink)

It is facile and factually incorrect to represent suicide terrorists as simply seeking mass destruction, as demented or believing that they will be rewarded by "seventy-two virgins in paradise". In my book The Myth of the Closed Mind: Understanding How and Why People are Rational I felt it was important to deal with the issue of terrorism by consulting explanatory theories of human behaviour and the substantial research on the strategic pattern of terrorist incidents over the decades, led principally by (...) Professor Robert Pape of Chicago University. -/- To defeat your enemy, you must first understand him. Strangely, we must first grant that, though morally depraved, terrorists are rational: they concoct and execute detailed plans with definite strategic goals in mind. Only once we have granted the terrorist a rational mind can we, in the end, create peace. My argument is that while religion may have a small role in terrorism, it is principally politics, or the logic of territorial control, that is the key to understanding the threat we face. -/- This extract from my book is principally about Al Qaeda, but a similar analysis applies to ISIS, the current greatest threat to our peace in the west. -/- The strategic goal of Al Qaeda was simply to repulse what they saw as foreign intervention. ISIS has the same goal, but in order to continue its growth as a state in the sense of a monopoly of coercion over a given geographical area. -/- ISIS, a rogue state that arose in ungoverned space created unintentionally by foreign intervention in Iraq, is now lashing out at foreign governments that have severely shrunk the territory ISIS occupies. Before October 2015, ISIS confined its terrorism to the goal of extending its territory in Iraq and Syria, and there were no significant ISIS-led or inspired suicide terrorist attacks outside Iraq and Syria. But now, as their territory collapses, they are attacking the countries that have strangled their control of territory in Iraq and Syria: the coalition of western governments – Britain, Belgium, Canada, France, Morocco, Turkey, Russia, the U.S.A. and others – exactly the countries that have recently seen an explosion of suicide terrorism. (shrink)

Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...) and other signs in communication. -/- Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text. In its proper context, for example, “Bob is indeed a good lawyer” can ironically mean just the opposite. Pragmatics also recognizes that relevant text is not a thing-in-itself that is simply given. Good lawyers look at such things as purpose and cohesion when determining relevant text. They do not simply take their opponent’s (or even their client’s) assertions of relevance. -/- Pragmatics also provides lawyers with a number of specific concepts and tools which are helpful in determining speaker meaning. For user convenience, this article attempts to set out in one place a number of such concepts and tools. These include: (1) types of cohesion that help determine relevant text, (2) types of context that help determine meaning, (3) pragmatic principles of construction such as principles of relevance and politeness, and (4) important pragmatic notions or devices such as anaphora, cataphora, ellipsis, deixis, presupposition, unstated premises, entailment, and implementives. -/- Finally, as a recurring example (among others) of pragmatics in action, this article examines from multiple perspectives textual issues raised in King v. Burwell, 576 U.S. __ (2015). -/- Keywords: Pragmatics, Semiotics, Interpretation, Textualism, Plain Meaning, King v. Burwell, Affordable Care Act, Text, Meaning, Speaker Meaning, Implicature. (shrink)

The present work posits that social motives, particularly status seeking in the form of moral grandstanding, are likely at least partially to blame for elevated levels of affective polarization and ideological extremism in the U.S. In Study 1, results from both undergraduates (N = 981; Mean age = 19.4; SD = 2.1; 69.7% women) and a cross-section of U.S. adults matched to 2010 census norms (N = 1,063; Mean age = 48.20, SD = 16.38; 49.8% women) indicated that prestige-motived grandstanding (...) was consistently and robustly related to more extreme ideological views on a variety of issues. In Study 2, results from a weighted, nationally-representative cross-section of U.S. adults (N = 2,519; Mean age = 47.5, SD = 17.8; 51.4% women) found that prestige motivated grandstanding was reliably related to both ideological extremism and affective polarization. (shrink)

Over the course of its six seasons, the Netflix show the House of Cards (HOC) details the rise to power of Claire and Frank Underwood in a fictional United States. They achieve power not by winning free and fair elections, but by exploiting various weaknesses of the U.S. political system. Could such a thing happen to our own democracies? This chapter argues that it is a threat that should be taken seriously, as the structure of HOC’s democratic institutions closely mirrors (...) our own, and the flaws that the Underwoods exploit are precisely those that have allowed autocrats to capture democracies “from the inside.” Of even greater concern, these flaws may flow from the nature of democracy itself. This possibility is explored by considering the events of the HOC in the light of the anti-democratic arguments of Plato and Hobbes. The chapter concludes by briefly considering responses to these arguments. (shrink)

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...) rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

In 1947, the U.S. Secretary of State, George C. Marshall announced that the USA would provide development aid to help the recovery and reconstruction of the economies of Europe, which was widely known as the ‘Marshall Plan’. In Italy, this plan generated a resurgence of modern industrialization and remodeled Italian Industry based on American models of production. As the result of these transnational transfers, the systemic approach known as Fordism largely succeeded and allowed some Italian firms such as Fiat to (...) flourish. During this period, Detroit and Turin, homes to the most powerful automobile corporations of the twentieth century, became intertwined in a web of common features such as industrial concentration, mass flows of immigrations, uneven urban sprawl, radical iconography and inner-city decay, which characterized Fordism in both cities. In the crucial decades of the postwar expansion of the automobile industries, both cities were hubs of labor battles and social movements. However, after the radical decline in their industries as previous auto cities, they experienced the radical shift toward post-Fordist urbanization and production of political urbanism. This research responds to the recent interest for a comparative (re)turn in urban studies by suggesting the conceptual theoretical baseline for the proposed comparative framework in post-Fordist cities. In better words, it develops a “theory” on the challenges of comparative urbanism in post-Fordist cities. (shrink)

PREFACE WORD -/- Hilmi Ziya Ülken was born in Istanbul during the last period of the Ottoman Empire, was educated during this period and worked in many areas of the intellectual life of the newly established Republic. Although he was interested in many fields of social sciences, he gained fame in philosophy, sociology, history of thought and literature. Again, he undertook important tasks in revealing and introducing medieval Islamic thinkers and post-Tanzimat Turkish thought, and due to his deep knowledge of (...) Eastern and Western philosophies, he made comparative studies in these fields and tried to reveal the similarities and differences in both cultures. Many graduate studies, book chapters and articles have been written about such an important thinker whose works are also recognized abroad. Among the thinkers of the Republican Era, Ülken is one of the most studied names. In this study, Ülken's biography, his intellectual adventure, his understanding of philosophy and his ideas about the life of thought are discussed panoramically, and the bibliographic information obtained about his articles and other works that have not yet been fully revealed has been added to the study. Another important document added to this study is Ülken's biography written in his own handwriting. Our hope is that with the completion of the information missing in this study, a complete portrait of Ülken will be revealed. When Ülken's works are taken into consideration, it is understood that he wrote works in many fields of social sciences. The fact that he did not concentrate on a certain field but worked in many fields has been a frequently criticized aspect of him. In this sense, we think that the phrase "A Thinker of Mütebahhir", which we wrote as a subtitle to the title of our study, defines him very well. Many names have used the adjective mütebahhir, which means ocean and depth in Ottoman Turkish, about Ülken. While Necati Öner used it in a positive sense, names such as Cemil Meriç (1916-1987) and İsmail Tunalı (1923-2015) used it in a sense that includes negative connotations, such as saying words in every field, his knowledge is unlimited but formless and non-systematic, and Salâh Birsel (1919-1999) wrote on every subject. On the other hand, scholars such as Kurtuluş Kayalı and Ali Utku, who have recently conducted competent studies on Ülken, have emphasized that Ülken - contrary to popular belief - thought and worked within a system and was very sensitive about his system of thought. When Ülken's works are examined in general, it is seen that many of them were formed by turning lecture notes into books, and this situation caused many problems. This situation led to problems such as the disorganization of his works, the lack of a certain systematization, the lack of the necessary methodological sensitivity in footnotes and citations, and the use of some terms in their original language instead of their Turkish equivalents. When we look at the life stories of important thinkers in the history of thought, we observe that they were not only influenced by the social, political, economic, etc. conditions of the period in which they lived, but also that they influenced these conditions in the period in which they lived. The best example of this situation among the thinkers of the early years of the Republic is Ülken. When his works are examined in chronological order, it is noticeable that his ideas constantly changed, that he had to defend the ideas he criticized from time to time, and that he was in a constant search. He explained his works in many fields by saying that he wrote works that would be a source for his own works and that he served as a bridge to the past. The fact that he was a doyen in many fields of social sciences despite having a Mülkiye education can be explained by his self-education. Ülken, who set an example for academics and thinkers with his hard work, diligence, and lifestyle of constantly reading, researching and writing, carried out very important works in his 73 years of life. As Öner, a student of his who knew him closely, says: "In his daily life, Ülken was either reading, writing or philosophizing." Again, Tunalı says about his diligence that "when he was finishing a book, he would have written another book!" It can be said that one of Ülken's efforts was to establish a tradition of sociology and philosophy in Turkey by recognizing the disconnect in our world of thought. Ülken expressed this to his student Necati Öner by saying, "We are a quarter in philosophy, you will be half, and then we will be complete!" While the influence of philosophers and sociologists who came to our country with the educational reforms was quite limited, Ülken succeeded in establishing a tradition in Istanbul Sociology and Ankara Theology. For this reason, important sociologists and philosophers of our country, such as Baykan Sezer (1938-2002) and Kurtuluş Kayalı (born 1949), admitted that "we are students of the Ülken tradition" even though they were not his direct students. Ülken provided an important opening in the social sciences with his methodology that analyzed the problems he dealt with in depth, tried to deal with all aspects of the issues and made synthesis attempts between different ideas. In addition, with the newly established Republic, he made great efforts to collect and translate sources in many fields, especially philosophy, and to carry out activities on a philosophical basis. The fact that his works continued to attract attention in every period after him and were reprinted and read again and again reveals the centrality of his role in the intellectual life of the Republican period. In this study, in which the life, philosophy and thoughts of Hilmi Ziya Ülken, whose valuable contributions to Turkish-Islamic thought are undeniable, have been tried to be presented in general terms, the articles and book chapters I have written about Ülken in various journals and book chapters and whose titles I have given in the bibliography and bibliography section have also been utilized. I hope that this monographic study will make a small contribution to the studies on Ülken, who deserves to be remembered with mercy and gratitude. -/- . (shrink)

Guided by Hegel’s claim that rights are actualized only in the ethical life of the modern state, and that the “abstract spirit of Kant’s cosmopolitanism” is pervasive in Carol Gould’s Globalizing Democracy and Human Rights, Schaff raises a variety of moral, political, and ontological objections to her account of rights. He argues that if we embrace with Gould the idea that people have rights in abstraction, in political communities where they are not practically realized, we unwittingly play into the hands (...) of imperialism cloaked in human rights language—as exemplified by the rhetoric justifying recent U.S. interventions in Afghanistan and Iraq. (shrink)

During the summer of 2021, Jovenel Moïse, Haiti’s 58th president, succumbed to an internationally-coordinated assassination attempt carried out by Columbian mercenaries, and others. The head of state sustained a broken femur, fractured skull, and gunshot wounds, among other signs of trauma. Furthermore, his wife of 25 years, Martine, clung to life nearby, gravely-injured and pretending to have expired. This piece, at first, highlights the effects of foreign intervention on Haitian history. It then pinpoints the compounded obstacles that Haitian leadership must (...) surmount in placing Haiti on a path toward prosperity. Some of the points made pertain to the way(s) in which Haiti’s crisis began in the late 1400’s, when Spain’s Catholic Monarchs funded Columbus’s search for new trade routes to lands east of Europe. Conclusively, this work details how, in 1804, amidst a sea of hostility, Haiti proclaimed its independence as the world’s first Black-led republic, inspiring slave revolts throughout the world and majorly contributing toward U.S. expansion, through compelling France’s sale of the Louisiana Territory. (shrink)

In order to graduate, Florida's high school students by law must learn that Communism is evil, dangerous, and fallacious. All students must learn that the U.S. produces the highest standard of living and more freedom than any other economic system on earth. State universities in Florida are creating a curriculum to implement the Americanism versus Communism Act of 1961 and the Free Enterprise and Consumer Education Act of 1975. ;The Florida Department of Education says that ideology, noncritical thinking, is superior (...) to critical thinking and that the superiority of the U.S. political economy and the dignity of the individual rest in part on peoples' being able to express themselves freely. ;Florida's A.V.C. and F.E.C.E.A. proponents have a special way of convincing audiences that they will develop loyalty while at the same time imposing a set of ideas not open to question. ;This work argues that, intentionally or not, Florida's legislature and Department of Education have set up an official ideology and the mechanism to purvey it. This ideological approach defeats the aim of comparing systems objectively. While the stated aim is to promote critical thinking, the D.O.E.'s special philosophy underscoring words like "democracy" results in indoctrinating students with a questionable description of the U.S. system. (shrink)

Just war theory needs to become a real-time critique of government war propaganda in order to facilitate peace advocacy ante bellum. This involves countering asserted justificatory reasons with demonstrable facts that reveal other motives, thereby yielding reflective understanding which can be collectivized via electronic media. As a case in point, I compare here the publicly declared reasons for the U.S./U.K. invasion of Iraq in 2003 with reasons discussed internally months and even years before in government and think-tank documents. These sources (...) show that control of oil rather than regime change or a WMD threat was theunderlying motive. Neo-conservatives in the Bush Administration justified such deception by citing an exoteric/esoteric distinction traceable to Plato via Leo Strauss. As with the Iraq invasion, so in general such propaganda and its rationalizations can be undermined by investigative journalism understood as ranging from fact gathering to rhetorical analysis and critique. (shrink)

White progressives in the U.S. are currently experiencing two profound reckonings that typically are assumed to be unrelated. On the one hand, the Dobbs verdict overturned the assumption that the right to choose with respect to abortion is too socially entrenched, juridically settled, or politically sacred to be denied. On the other hand, climatological conditions of possibility for comfortable existence are increasingly under threat in locales in which residents have come to expect to enjoy secure lives and livelihoods. This essay (...) highlights what Indigenous communities across the U.S. already know well. Namely, threats to reproductive freedom and climate crisis are neither new nor separable. Both phenomena have common colonial roots that continue to proliferate. Each is a result of the disruption and destruction of Indigenous kinship assemblages. Indeed, in aiming to remediate their current reckonings, white progressives routinely (if unthinkingly) support forms of settler state violence that perpetuate reproductive and climate injustice in Indigenous communities. We appeal to white progressives, notably including white feminists, to embrace the proposition that their reckonings cannot be properly understood, nor successfully addressed without prioritizing Indigenous futurity. We call for centering forms of Indigenous feminist praxis that facilitate robust Indigenous coalitions of anti-colonial resistance. (shrink)

Public discourse is often caustic and conflict-filled. This trend seems to be particularly evident when the content of such discourse is around moral issues (broadly defined) and when the discourse occurs on social media. Several explanatory mechanisms for such conflict have been explored in recent psychological and social-science literatures. The present work sought to examine a potentially novel explanatory mechanism defined in philosophical literature: Moral Grandstanding. According to philosophical accounts, Moral Grandstanding is the use of moral talk to seek social (...) status. For the present work, we conducted six studies, using two undergraduate samples (Study 1, N = 361; Study 2, N = 356); a sample matched to U.S. norms for age, gender, race, income, Census region (Study 3, N = 1,063); a YouGov sample matched to U.S. demographic norms (Study 4, N = 2,000); and a brief, one-month longitudinal study of Mechanical Turk workers in the U.S. (Study 5, Baseline N = 499, follow-up n = 296), and a large, one-week YouGov sample matched to U.S. demographic norms (Baseline N = 2,519, follow-up n = 1,776). Across studies, we found initial support for the validity of Moral Grandstanding as a construct. Specifically, moral grandstanding motivation was associated with status-seeking personality traits, as well as greater political and moral conflict in daily life. (shrink)

The paper discusses three aspects of belonging to religious systems of belief within a modern liberal society, namely (1) the sincerity and consistency of belief, (2) the possibility of exteriorization of belief through broader social interactions or transactions, and (3) the relationship between religious belief and the modern concept of affirmative tolerance, or affirmation of differences, which has become a pronounced public policy in multicultural liberal societies. The author argues that, while negative tolerance allows sincere religious belief to flourish in (...) the private sphere and for benevolence to be shown to those who are seen as mistaken in their beliefs, affirmative tolerance opens an array of logical issues. The demand to extend potential substantive validation to opposed beliefs produces the ricochet effect of de-validating one’s own beliefs. This creates difficulties for religious communities when issues at stake are beliefs that, in the respective belief-systems, are definitive of the moral goodness and moral badness. Upon a more careful examination of the logical relations between the soteriological promises characteristic of what is sometimes called the ‘substantive’ layer of religiousness, on the one hand, and the public expectation of a tolerant coexistence of religious communities on a social level, on the other hand, it becomes clear that the tolerance required can only be a negative tolerance. Any expectation of affirmative tolerance de-values the soteriological script of the respective system of religious belief, and is thus likely to lead to serious disturbances in a liberal context of multi-cultural coexistence. The author argues that the recent political announcements of a ‘failure of the multicultural experiment’ are caused by the aggressive pursuit of ‘affirmative tolerance’ rather than by any in-built intolerance of others in any of the large religious belief systems now prevalent in the liberal democratic world. (shrink)

A credible fear test is an in-depth interview process given to undocumented people of any age arriving at a U.S. port of entry to determine qualification for asylum-seeking. Credible fear tests as a typical immigration procedure demonstrate not only what structural epistemic violence looks like but also how this violence lives in and through the design of asylum policy. Key terms of credible fear tests such as “significant possibility,” “evidence,” “consistency,” and “credibility” can never be neutral in the context of (...) colonial administrative violence. We argue that these terms function as mechanisms of exclusion and demonstrate that the capacity to be violent (i.e. to be an instrument of violence) is built into these tests, ready to be deployed when an administration wants to stop certain people from certain places from entering without regard to their own ongoing occupation of Indigenous lands. Not only are such practices instruments of violence, but the concept of ‘violence’ continues to be organized, defined, and conceived within settler colonial epistemologies so as to exclude these administrative forms of violence deployed against Indigenous peoples and people of color from recognition and nameability. We argue that this is an intentional strategy of colonial power preservation that is functionalized through social processes that remain structurally stable and self-regenerating across historical and political changes. (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)

Marcuse argued that U.S.-led globalized capitalism represented the irrational perfection of waste and the degradation of the earth, resurgent sexism, racism, bigoted nationalism, and warlike patriotism. Inspired by the revolutionary legacy of Herbert Marcuse’s social and political philosophy, this volume appeals to the energies of those engaged in a wide range of contemporary social justice struggles: ecosocialism, antiracism, the women’s movement, LGBTQ rights, and antiwar forces. The intensification of these regressive political tendencies today must be countered, and this can be (...) best accomplished through radical collaboration around an agenda recognizing the basic economic and political needs of diverse subaltern communities. Marcuse's Great Refusal is elaborated as a collective project of system negation that is becoming a new general interest. (shrink)

John Dewey was the dominant voice in American philosophy through the World Wars, the Great Depression, and the nascent years of the Cold War. With a professional career spanning three generations and a profile that no public intellectual has operated on in the U.S. since, Dewey's biographer Robert Westbrook accurately describes him as "the most important philosopher in modern American history." In this superb and engaging introduction, Steven Fesmire begins with a chapter on Dewey’s life and works, before discussing and (...) assessing Dewey's key ideas across the major disciplines in philosophy; including metaphysics, epistemology, aesthetics, ethics, educational philosophy, social-political philosophy, and religious philosophy. This is an invaluable introduction and guide to this deeply influential philosopher and his legacy, and essential reading for anyone coming to Dewey's work for the first time. [The downloadable sample is Chapter Four, "Ethics Reconstructed."]. (shrink)

This essay responds to four critical essays by Rosemary Kellison, Ebrahim Moosa, Joseph Winters, and Martin Kavka on the author’s recent book, Healthy Conflict in Contemporary American Society: From Enemy to Adversary (Cambridge, 2018). Parts I and II work in tandem to further develop my accounts of strategic empathy and agonistic political friendship. I defend against criticisms that my argument for moral imagination obligates oppressed people to empathize with their oppressors. I argue, further, that healthy conflict can be motivated by (...) a kind of “secular” love. This enables my position to immanently criticize and mediate the claims that one must either love (agapically) one’s opponent in order to engage them in “healthy conflict,” on one hand, or that one must vanquish, exclude, or “cancel” one’s opponent, on the other. In Part III, I demonstrate how my account mediates the challenge of an alleged standing opposition between moral imagination and socio-theoretical critique. I defend a methodologically pragmatist account of immanent prophetic criticism, resistance, and conflict transformation. Finally, I respond to one critic’s vindication of a strong enemy/adversary opposition that takes up the case of white supremacist violence in the U.S. I argue that the time horizon for healthy conflict must be simultaneously immediate and also long-term, provided that such engagements remain socio-critically self-reflexive and seek to cultivate transformational responses. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...) parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

Scholars have long debated the relationship between Kant’s doctrine of right and his doctrine of virtue (including his moral religion or ethico-theology), which are the two branches of his moral philosophy. This article will examine the intimate connection in his practical philosophy between perpetual peace and the highest good, between political and ethico-religious communities, and between the types of transparency peculiar to each. It will show how domestic and international right provides a framework for the development of ethical communities, including (...) a kingdom of ends and even the noumenal ethical community of an afterlife, and how the transparency and trust achieved in these communities is anticipated in rightful political society by publicity and the mutual confidence among citizens that it engenders. Finally, it will explore the implications of this synthesis of Kant’s political and religious philosophies for contemporary Kantian political theories, especially those of Jürgen Habermas and John Rawls. (shrink)

Conservation can occur anywhere regardless of scale, political jurisdiction, or landownership. We present a framework to help managers at protected areas practice conservation at the scale of relationships. We focus on relationships between stakeholders and protected areas and between managers and other stakeholders. We provide a synthesis of key natural resources literature and present a case example to support our premise and recommendations. The purpose is 4-fold: 1) discuss challenges and threats to conservation and protected areas; 2) outline a relationship-scale (...) approach to address conservation threats; 3) describe the tools and techniques that can be used to implement this approach; and 4) present a case example from rural Alaska, USA, to illustrate relationship-scale conservation. Our case example illustrates how aspects of this approach to conservation were applied to address a wildlife population decline. Tools needed to implement relationship-scale conservation include 1) collecting and documenting narratives of place; 2) measuring and monitoring trust and commitment; and 3) identifying and mitigating threats. We recommend that planners and managers, working with their research partners, redefine and refocus their goals and objectives to include these practices. Doing so will enable them to gain substantial applied knowledge about their stakeholders and foster and maintain place relationships as desired outcomes of conservation. The ultimate outcome is a better prognosis for long-term global survival of protected areas and biodiversity. Published 2014. This article is a U.S. Government work and is in the public domain in the USA. (shrink)

The U.S. election in November 2016 raised and amplified doubts about first-past-the-post (“plurality rule”) electoral systems. Arguments against plurality rule and for alternatives like preferential voting tend to be consequentialist: it is argued that systems like preferential voting produce different, better outcomes. After briefly noting why the consequentialist case against plurality rule is more complex and contentious than it first appears, I offer an expressive alternative: plurality rule produces actual or apparent dilemmas for voters in ways that are morally objectionable, (...) and avoidable under preferential voting systems. This expressive case against plurality rule is both simpler and more ecumenical than its consequentialist counterpart, and it provides strong reasons to prefer alternatives to plurality rule. Moreover, it suggests a distinct way of evaluating different alternatives like preferential voting. (shrink)

Bu kitapta, Ebû İshâk es-Saffâr’ın (öl. 534/1139) kelâmî görüşleri, Telḫîṣü’l-edille li-ḳavâʿidi’t-tevḥîd adlı eserinde Allah’ın isimlerinin anlamlarını açıklarken yaptığı yorumlar çerçevesinde ele alınmaktadır. Ebû İshâk es-Saffâr, 6./12. yüzyıl Hanefî-Mâtürîdî âlimlerinden biridir. Kelâma dair Telḫîṣü’l-edille eserinde esmâ-i hüsnâ konusuna ayrıntılı olarak yer vermektedir. İki cilt hâlinde yayımlanan bu eserin yaklaşık üçte birlik bir kısmını esmâ-i hüsnâ konusu oluşturmaktadır. Bu kısım incelendiğinde, Saffâr’ın Allah’ın varlığı, birliği ve sıfatları ile ilgili konular başta olmak üzere pek çok konuyu 175 esmâ-i hüsnâya dayanarak izah ettiği görülmektedir. (...) O, esmâ-i hüsnâ bölümünde yer vermediği bazı isimlere ise müstakil başlıklar altında değinmektedir. Örneğin el-Mütekkelim ismi kelâm sıfatını bağlamında ve halku’l-Kur’ân ile icâz’ul-Kur’ân gibi konularla ilişkili bir şekilde ele almaktadır. Bu isimler de listeye dahil edildiğinde sayı 178’e ulaşmaktadır. Bu durumda eserin yarısını esmâ-i hüsnâ konusu teşkil etmektedir. -/- Saffâr, esmâ-i hüsnâ bölümünde alfabetik bir sıra içerisinde ele aldığı ilâhî isimleri öncelikle lugavî (semantik) yönden izah etmektedir. Sonrasında ise değerlendirdiği ilahî ismi, bir kelâm konusu ile bağlantı kurarak kelâmî perspektifle açıklamaktadır Esmâ-i hüsnâ temelinde ele alınan konuların hilâfet meselesi hariç diğer kelâm bahislerini kapsadığı görülmektedir. Saffâr öncesi Hanefî-Mâtürîdî kelâm literatürü içinde esmâ-i hüsnânın bu kadar kapsamlı ele alındığı başka bir eser bilinmemektedir. -/- Bu kitap; üç ana bölümden oluşmaktadır. “Metodolojik Çerçeve” başlıklı giriş bölümünde çalışmanın konusu, önemi, amacı, yöntemi ve kaynakları hakkında bilgi verilmiştir. Birinci bölümde Saffâr’ın yaşadığı sosyokültürel çevre olan Mâverâünnehir bölgesi ile Buhara ve Merv şehirlerinin siyasî, sosyal ve dinî durumu ortaya konulmaya çalışılmıştır. İkinci bölümde esmâ-i hüsna konusunun anlaşılmasına temel oluşturan isim, tesmiye, müsemmâ, sıfat ve vasf gibi kavramlar ile esmâ-i hüsnânın sayısı ve ihsâsı gibi kelâmî tartışmalara değinilmiştir. Sonrasında Saffâr öncesi dönemde kaleme alınan esmâ-i hüsnâ litaratürü hakkında bilgi verilmiştir. Bölüm sonuna Saffâr’ın rivayet ettiği 178 ilahî isme dair ayrıntılı bir tablo eklenmiştir. Üçüncü bölümde öncelikle, Saffâr’ın esmâ-i hüsnâyı izah ederken dikkate aldığı kelâmî ilkeler tespit edilmeye çalışılmıştır. Sonrasında ise Saffâr’ın Telḫîṣü’l-edille’de ilâhî isimleri açıklarken ortaya koyduğu kelâmî görüş ve değerlendirmeler belirlenerek sistematik bir şekilde kategorize edilmiştir. Bu kapsamda ele alınan her konunun sonuna ilgili ilâhî isimleri ve bağlantılı olduğu tartışmaları içeren tablolar eklenmiştir. Sonuç bölümünde ise Saffâr’ın esmâ-i hüsnâ anlayışına dayanan kelâm yöntemine dair ulaştığımız sonuçlara yer verilmiştir. Bu kitapta onun, esmâ-i hüsnânın %75’inde kelâmî yorumlarda bulunduğu ve bilgi-varlık bahsinden âhiret hayatına kadar bütün kelâm konularını esmâ-i hüsnâ ile bağlantılı yorumladığı tespit edilmiştir. Ulaşılan bu sonuçlar, Saffâr’ın kelâm anlayışının ilâhî isimlerin yorumuna dayandığını ortaya koymaktadır. [his book discusses the theological views of Abū Isḥāq al-Ṣaffār d. 534/1139), within the framework of his comments on the meanings of Allah’s names, provided in his work titled Talkhīṣ al-adilla. Abū Isḥāq al-Ṣaffār is one of the Ḥanafite-Māturīdite scholars in the 6th/12th century. In his work titled Talkhīṣ al-adilla li-qawāʿid al-tawḥīd on kalām, he spared extensive space for al-asmāʾ al-husnā. Approximately one third of this work, published in two volumes, is devoted to al-asmāʾ al-husnā. An examination of the related section reveals that al-Ṣaffār explains many issues, particularly those related to the existence, unity and attributes of Allah, based on 175 al-asmāʾ al-husnā. He mentions some of the names that he does not include in the al-asmāʾ al-husnā section under separate headings. For example, the name al-Mutakallim is addressed within the context of the attribute of kalām and in relation to subjects, such as the khalq al-Qurʾān and i‘jaz al-Qurʾān. Upon the addition of these names to the list, the number names reaches 178. This means that half of the work deals with the subject of al-asmāʾ al-husnā. -/- al-Ṣaffār lists the divine names in alphabetical order and explains them semantically in the chapter of al-asmāʾ al-husnā. Then he goes on to clarify each divine name through a theological lens with a specific reference to the subject of kalām. In the pre-Saffar Ḥanafite-Māturīdite theological literature, there is no other work that addresses al-asmāʾ al-husnā in such an extensive way. -/- This book consists of three main sections. The first section titled “Methodological Framework”, elaborates on the focus, significance, purpose and method of the study, along with the sources used. The first part describes the political, social and religious status of Transoxiana (Mā-warāʾ al-Nahr) region and the cities of Bukhara and Marw, the sociocultural environment in which Saffar lived. The second chapter addresses various concepts, which promote the understanding of al-asmāʾ al-husnā, such as name, tasmiya, musammā, attribute and qualification in addition to the theological debates such as the number and iḥṣāʾ of al-asmāʾ al-husnā. Then, it provides information about the al-asmāʾ al-husnā literature produced in the pre- Ṣaffār period. The end of each chapter comes with a detailed table with the 178 divine names mentioned by al-Ṣaffār. In the third chapter, the author initially discusses the theological principles that al-Ṣaffār considered while explaining the essence of al-asmāʾ al-husnā. This section also determines and systematically categorizes the theological views and evaluations put forward by al-Ṣaffār while explaining the divine names in Talkhīṣ al-adilla. The tables with the divine names and the related discussions can be seen at the end of the discussion for each subject. The last section presents the conclusions reached, regarding the kalām method based on al-Ṣaffār’s understanding of the essence of al-asmāʾ al-husnā. The present study revealed that he made theological interpretations in 75% of the al-asmāʾ al-husnā and interpreted all theological issues ranging from the subjects of knowledge and existence to the Afterlife in connection with the al-asmāʾ al-husnā. These results indicate that al-Ṣaffār's understanding of kalām is based on the interpretation of the divine names.]. (shrink)

During the Standing Rock protests in North Dakota, USA/Turtle Island, a group of military veterans knelt in front of Oceti Sakowin Elders asking forgiveness for centuries of settler colonial military ventures in Oceti Sakowin Territory. Leonard Crow Dog forgave them and immediately demanded respect for Native Nations throughout the U.S. Lacking such respect, he said, Native people will cease paying taxes. Crow Dog’s post-forgiveness remarks speak to the political context of the military veterans’ request: They seek collective forgiveness amidst ongoing (...) occupation and harms committed by the collective they represent. In this chapter, I examine this case study and argue that ongoing harm undermines requests for forgiveness on behalf of collectives. I look to the work of Glen Coultard, Waziyatawin, and Leanne Simpson to consider what a responsible request for collective forgiveness would entail. (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)

DNA possesses a double nature: it is both an analog chemical compound and a digital carrier of information. By distinguishing these two aspects, this paper aims to reevaluate the legally and politically influential idea that the human genome forms part of the common heritage of mankind, an idea which is thought to conflict with the practice of patenting DNA. The paper explores the lines of reasoning that lead to the common heritage idea, articulates and motivates what emerges as the most (...) viable version of it, and assesses the extent to which this version conflicts with gene-patenting practices as exemplified by the U.S. regime. It concludes that the genome is best thought of as a repository of information to which humanity has a fiduciary relationship, and that on this view, the perceived conflict with gene-patenting largely dissolves. (shrink)

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)