This paper argues that processes in the sensible realm can be in accord with reason in the Timaeus, since rationality is understood here as being based on regularity, which is conferred onto processes by time. Plato uses two different temporal structures in the Timaeus, associated with the contrast there drawn between Greek and Egyptian approaches to history. The linear order of before and after marks natural processes as rational and underlies the Greek treatment of history. By contrast, a bidirectional temporal (...) structure is the basis for the Egyptian approach to historical processes: present actions are not only determined by preceding ones in the past, but can also be influenced by the future (plans, aims). This latter temporal structure is shown to be necessary for learning from history, which makes human actions more regular. (shrink)

In this paper an Artificial Neural Network (ANN) model, for predicting the category of a tumor was developed and tested. Taking patients’ tests, a number of information gained that influence the classification of the tumor. Such information as age, sex, histologic-type, degree-of-diffe, status of bone, bone-marrow, lung, pleura, peritoneum, liver, brain, skin, neck, supraclavicular, axillar, mediastinum, and abdominal. They were used as input variables for the ANN model. A model based on the Multilayer Perceptron Topology was established and trained using (...) data set which its title is “primary tumor” and was obtained from the University Medical Centre, Institute of Oncology, Ljubljana, Yugoslavia Test data evaluation shows that the ANN model is able to correctly predict the tumor category with 76.67 % accuracy. (shrink)

Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...) the pathological brain circuitry associated with them. Careful investigation of the relationships between the experiential and putative neurophysiological processes involved in these changes can offer useful insights into volitional aspects of cerebral function. (shrink)

Two things become one thing, something having parts, and something becoming something else, are cases of many things being identical with one thing. This apparent contradiction introduces others concerning transitivity of identity, discernibility of identicals, existence, and vague existence. I resolve the contradictions with a theory that identity, number, and existence are relative to standards for counting. What are many on some standard are one and the same on another. The theory gives an account of the discernibility of identicals using (...) phrases like “insofar as”. And it holds that standards for counting remain or shift depending on our purposes. (shrink)

Recent literature on Christian nationalism by sociologists of religion in the United States identifies a perceived novel phenomenon: the fusion of authoritarian governmental forms with Christianity. However, the socio-historical origin of this international trend has been left relatively unexplored. Therefore, the goal of this chapter is to create a single international account that lends itself to future comparative theoretical frameworks and analyses through the term "Christofascism." -/- The chapter can also be accessed on google books at the link included in (...) the description. Finally, order the book on Routledge's website, also linked in the description. (shrink)

Publication date: 29 September 2016 Source: Author: Samy S. Abu Naser, Mazen J. Al Shobaki, Youssef M. Abu Amuna This paper aims to measure knowledge management maturity in higher education institutions to determine the impact of knowledge management on high performance. Also the study aims to compare knowledge management maturity between universities and intermediate colleges. This study was applied on five higher education institutions in Gaza strip, Palestine. Asian productivity organization model was applied to measure Knowledge Management Maturity. Second dimension (...) which assess high performance was developed by the authors. The controlled sample was. Several statistical tools were used for data analysis and hypotheses testing, including reliability correlation using Cronbach’s alpha, “ANOVA”, Simple Linear Regression and Step Wise Regression. The overall findings of the current study shows that maturity level is in the second level. Findings also support the main hypothesis and it is sub- hypotheses. The most important factors effecting high performance are: Processes, knowledge management leadership, People, knowledge management Outcomes. Furthermore the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first comparative study between universities and intermediate colleges in Gaza Strip that explores the status of knowledge management maturity using the Asian productivity Model. (shrink)

In several recent contributions to the growing literature on slurs, Hedger draws upon Kaplan's distinction between descriptive and expressive content to argue that slurs are expressions with purely expressive content. The distinction between descriptive and expressive content and the view that slurs are expressions with purely expressive content has been widely acknowledged in prior work, and Hedger aims to contribute to this tradition of scholarship by offering novel arguments in support of his "pure expressivist" account of slurs. But the account (...) that PE offers is explanatorily inadequate, resting on suspect a priori intuitions which also commit one to denying many basic facts about slurs, such as that slurs largely display systematic differential application and that slurs can be used non-offensively between in-group speakers. In this article I provide clear reasons for rejecting PE, arguing particularly against Hedger as one of PE’s most explicit and recent proponents. In showing that PE is inadequate in at least 11 ways, I argue in favor of a mixed or hybrid approach. (shrink)

In this paper, we argue that there are reasons to believe that an implicit bias for normalcy influences what are considered medically necessary treatments in psychiatry. First, we outline two prima facie reasons to suspect that this is the case. A bias for ‘the normal’ is already documented in disability studies; it is reasonable to suspect that it affects psychiatry too, since psychiatric patients, like disabled people, are often perceived as ‘weird’ by others. Secondly, psychiatry's explicitly endorsed values of well-being (...) and function are hard to measure directly, which is why we see simpler box-ticking conceptions of recovery used in large research studies. This need not be problematic, but might lead to researchers and clinicians focusing too much on treatments that promote easy-to-measure proxies for recovery, instead of what actually matters to psychiatric patients themselves. Next, we provide examples of treatments and treatment decisions within two areas – self-injury and psychosis – which are hard to explain unless we assume that an implicit and harmful normalcy bias is at work. We conclude with some suggestions for clinicians and future research. (shrink)

I critically examine the semantic view of theories to reveal the following results. First, models in science are not the same as models in mathematics, as holders of the semantic view claim. Second, when several examples of the semantic approach are examined in detail no common thread is found between them, except their close attention to the details of model building in each particular science. These results lead me to propose a deflationary semantic view, which is simply that model construction (...) is an important component of theorizing in science. This deflationary view is consistent with a naturalized approach to the philosophy of science. (shrink)

In the Bayesian approach to quantum mechanics, probabilities—and thus quantum states—represent an agent’s degrees of belief, rather than corresponding to objective properties of physical systems. In this paper we investigate the concept of certainty in quantum mechanics. Particularly, we show how the probability-1 predictions derived from pure quantum states highlight a fundamental difference between our Bayesian approach, on the one hand, and Copenhagen and similar interpretations on the other. We first review the main arguments for the general claim that probabilities (...) always represent degrees of belief. We then argue that a quantum state prepared by some physical device always depends on an agent’s prior beliefs, implying that the probability-1 predictions derived from that state also depend on the agent’s prior beliefs. Quantum certainty is therefore always some agent’s certainty. Conversely, if facts about an experimental setup could imply agent-independent certainty for a measurement outcome, as in many Copenhagen-like interpretations, that outcome would effectively correspond to a preexisting system property. The idea that measurement outcomes occurring with certainty correspond to preexisting system properties is, however, in conflict with locality. We emphasize this by giving a version of an argument of Stairs [(1983). Quantum logic, realism, and value-definiteness. Philosophy of Science, 50, 578], which applies the Kochen–Specker theorem to an entangled bipartite system. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

In this paper, we developed an Artificial Neural Network (ANN) for detect the absence or presence of lung cancer in human body. Symptoms were used to diagnose the lung cancer, these symptoms such as Yellow fingers, Anxiety, Chronic Disease, Fatigue, Allergy, Wheezing, Coughing, Shortness of Breath, Swallowing Difficulty and Chest pain. They were used and other information about the person as input variables for our ANN. Our ANN established, trained, and validated using data set, which its title is “survey lung (...) cancer”. Model evaluation showed that the ANN model is able to detect the absence or presence of lung cancer with 96.67 % accuracy. (shrink)

This paper discusses ethical issues surrounding Integrated Assessment Models (IAMs) of the economic effects of climate change, and how climate economists acting as policy advisors ought to represent the uncertain possibility of catastrophe. Some climate economists, especially Martin Weitzman, have argued for a precautionary approach where avoiding catastrophe should structure climate economists’ welfare analysis. This paper details ethical arguments that justify this approach, showing how Weitzman’s “fat tail” probabilities of climate catastrophe pose ethical problems for widely used IAMs. The main (...) claim is that economists who ignore or downplay catastrophic risks in their representations of uncertainty likely fall afoul of ethical constraints on scientists acting as policy advisors. Such scientists have duties to honestly articulate uncertainties and manage (some) inductive risks, or the risks of being wrong in different ways. (shrink)

This contribution provides an assessment of the epistemological role of scientific models. The prevalent view that all scientific models are representations of the world is rejected. This view points to a unified way of resolving epistemic issues for scientific models. The emerging consensus in philosophy of science that models have many different epistemic roles in science is presented and defended.

Contemporary Western societies are obsessed with the “obesity epidemic,” dieting, and fitness. Fat people violate the Western conscience by violating a thinness norm. In virtue of violating the thinness norm, fat people suffer many varied consequences. Is their suffering morally permissible, or even obligatory? In this paper, I argue that the answer is no. I examine contemporary philosophical accounts of oppression and draw largely on the work of Sally Haslanger to generate a set of conditions sufficient for some phenomena to (...) count as oppression, and I illustrate the account’s value using the example of gender oppression. I then apply the account to fat people, examine empirical evidence, and argue that the suffering of fat people counts as oppression. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 728-746, May 2022.

The study aimed at measuring the dominant pattern of leadership and its relation to the performance of the administrative staff in the Palestinian universities. The study community consists of all the administrative staff from Al-Azhar University and the Islamic University, and through the census of the study society it was found to consist of (655) administrative staff. In order to achieve the objectives of the study, the researchers used the method of random sample in the study, and the study was (...) conducted on a sample of (221) administrative staff of the surveyed universities and the response rate was (82.35%). The study found that there is a high degree of satisfaction with the Dominant Pattern of Leadership in the Palestinian universities in Gaza Strip from the point of view of the administrative staff, which reached (71.67%). There is a high level of performance from the point of view of administrative staff, with a percentage of (82.53%). There is a direct correlation between the dominant pattern of leadership and the functional Performance of Administrative Staff, the absence of differences between the sample according to the gender variable in their perception of the dominant pattern of leadership and the functional Performance of Administrative Staff, the absence of differences in the perception of employees of the dominant pattern of leadership and the functional Performance of Administrative Staff depending on the age variable. There are differences of statistical significance according to the variable of scientific qualification in the Dominant Pattern of Leadership, while there were no differences in performance, the differences in the dominant pattern of leadership according to the scientific qualification were in favor of those who obtained the diploma degree compared to other practical qualifications, the absence of differences in the perception of employees of the dominant pattern of leadership and the functional Performance of Administrative Staff depending on the variable years of service, the absence of differences in the perception of employees of the dominant pattern of leadership and the functional Performance of Administrative Staff depending on the variable level of career (Director, Head of Department, and Administrative Officer). There were differences in the perception of workers to the dominant pattern of leadership depending on the variable of the workplace, where there were differences in favor of workers in deanships and colleges compared with the workers in the technical departments. While there were no differences in job performance according to the workplace variable, the existence of differences in the perception of workers to the dominant pattern of leadership depending on the university in which they work in favor of the Islamic University and the absence of differences in performance between the Islamic University and Al-Azhar University. The study reached a number of recommendations, the most important of which is that the interest of the managements of the Palestinian universities in improving the dominant pattern of leadership, to give universities the opportunity to participate in decision-making, the continued administration of universities interest and continuous improvement of the performance of its employees, enhance the periodic evaluation of job performance and to inform employees and express their opinion, solving workers' problems and giving them the opportunity to contribute to solving their own problems, the use of the staff rotation method periodically and strengthening the democratic the dominant pattern of leadership and empowering university staff. -/- . (shrink)

A standard view in philosophy is that knowledge entails justification. Yet recent research suggests otherwise. We argue that this admirable and striking research suffers from an important limitation: participants were asked about knowledge but not justification. Thus it is possible that people attributed knowledge partly because they thought the belief was justified. Perhaps though, if given the opportunity, people would deny justification while still attributing knowledge. It is also possible that earlier findings were due to perspective taking. This paper reports (...) further research that directly addresses these questions. Our findings support the hypothesis that knowledge entails justification on the ordinary view. (shrink)

The emerging field of quantum mereology considers part-whole relations in quantum systems. Entangled quantum systems pose a peculiar problem in the field, since their total states are not reducible to that of their parts. While there exist several established proposals for modelling entangled systems, like monistic holism or relational holism, there is considerable unclarity, which further positions are available. Using the lambda operator and plural logic as formal tools, we review and develop conceivable models and evaluate their consistency and distinctness. (...) The main result is an exhaustive taxonomy of six distinct and precise models that both provide information about the mereological features as well as about the entangled property. The taxonomy is well-suited to serve as the basis for future systematic investigations. (shrink)

This contribution aims to explore the historical predecessors of the Five Percenter model of self-realization, as popularized by Hip Hop artists such as Supreme Team, Rakim Allah, Brand Nubian, Wu-Tang Clan, or Sunz of Man. As compared to frequent considerations of the phenomenon as a creative mythological background for a socio-political struggle, Five Percenter teachings shall be discussed as contemporary interpretations of historical models of self-realization in various philosophical, religious, and esoteric systems. By putting the coded system of the tenfold (...) Supreme Mathematics as one of its core teachings in context with the Pythagorean Tetractys, an arrangement of ten points in four lines, the commonalities between the sequence and concepts attributed to the respective numbers will be demonstrated. (shrink)

: Two major philosophers of the twentieth century, the German existential phenomenologist Martin Heidegger and the seminal Japanese Kyoto School philosopher Nishida Kitarō are examined here in an attempt to discern to what extent their ideas may converge. Both are viewed as expressing, each through the lens of his own tradition, a world in transition with the rise of modernity in the West and its subsequent globalization. The popularity of Heidegger's thought among Japanese philosophers, despite its own admitted limitation to (...) the Western "history of being," is connected to Nishida's opening of a uniquely Japanese path in its confrontation with Western philosophy. The focus is primarily on their later works (the post-Kehre Heidegger and the works of Nishida that have been designated "Nishida philosophy"), in which each in his own way attempts to overcome the subject-object dichotomy inherited from the tradition of Western metaphysics by looking to a deeper structure from out of which both subjectivity and objectivity are derived and which embraces both. For Heidegger, the answer lies in being as the opening of unconcealment, from out of which beings emerge, and for Nishida, it is the place of nothingness within which beings are co-determined in their oppositions and relations. Concepts such as Nishida's "discontinuous continuity," "absolutely self-contradictory identity" (between one and many, whole and part, world and things), the mutual interdependence of individuals, and the self-determination of the world through the co-relative self-determination of individuals, and Heidegger's "simultaneity" (zugleich) and "within one another" (ineinander) (of unconcealment and concealment, presencing and absencing), and their "between" (Zwischen) and "jointure" (Fuge) are examined. Through a discussion of these ideas, the suggestion is made of a possible "transition" (Übergang) of both Western and Eastern thinking, in their mutual encounter, both in relation to each other and each in relation to its own past history, leading to both a self-discovery in the other and to a simultaneous self-reconstitution. (shrink)

I propose an approach to naturalized philosophy of science that takes the social nature of scientific practice seriously. I criticize several prominent naturalistic approaches for adopting "cognitive individualism", which limits the study of science to an examination of the internal psychological mechanisms of scientists. I argue that this limits the explanatory capacity of these approaches. I then propose a three-level model of the social nature of scientific practice, and use the model to defend the claim that scientific knowledge is socially (...) produced. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

In July 2020, more than 1000 companies that advertise on social media platforms withdrew their business, citing failures of the platforms (especially Facebook) to address the proliferation of harmful content. The #StopHateForProfit movement invites reflection on an understudied topic: the ethics of boycotting by corporations. Under what conditions is corporate boycotting permissible, required, supererogatory, or forbidden? Although value-driven consumerism has generated significant recent discussion in applied ethics, that discussion has focused almost exclusively on the consumption choices of individuals. As this (...) article underscores, value-driven consumerism by business corporations complicates these issues and invites further examination. We propose principles for the ethics of boycotting by corporations, indicate how these principles relate to different CSR paradigms, and show how these insights can help assess recent instances of corporate boycotting. (shrink)

Since at least 2008 linguists and philosophers of language have started paying more serious attention to issues concerning the meaning or use of racial epithets and slurs. In an influential article published in The Journal of Philosophy, for instance, Christopher Hom (2008) offered a semantic account of racial epithets called Combinatorial Externalism (CE) that advanced a novel argument for the exclusion of certain epithets from freedom of speech protection under the First Amendment (p. 435). Also in more recent work, “The (...) Expressive Meaning of Racial Epithets: Towards A Non-Unitary Account of Expressive Meaning,” Diane Blakemore (2013) offered an alternative pragmatic account of racial epithets rooted in Dan Sperber and Deirdre Wilson’s (1986) relevance theory. Adam Croom (2008) has also discussed epithets before in prior work, through a consideration of a paradigmatic racial epithet directed towards Native Americans, but then moved on in subsequent work to focus on developing a more nuanced account of paradigmatic slurring terms instead (Croom 2010; Croom 2011; Croom 2012; Croom 2013; Croom 2014a; Croom 2014b; Croom under review). So the purpose of this article is to return to and extend the previous account of racial epithets provided by Croom (2008) through a consideration of another paradigmatic racial epithet, but this time one directed towards Asian Americans instead of Native Americans. Here I also offer a novel suggestion for how to differentiate between epithets and slurs, offering new insight into how epithets and slurs are both similar and different. A sample list of over 100 other racial epithets that can be accounted for by the kind of analysis presented here is provided in Croom (2008, p. 44-45). (shrink)

When so much is being written on conscious experience, it is past time to face the question whether experience happens that is not conscious of itself. The recognition that we and most other living things experience non-consciously has recently been firmly supported by experimental science, clinical studies, and theoretic investigations; the related if not identical philosophic notion of experience without a subject has a rich pedigree. Leaving aside the question of how experience could become conscious of itself, I aim here (...) to demonstrate that the terms experience and consciousness are not interchangeable. Experience is a notoriously difficult concept to pin down, but I see non-conscious experience as based mainly in momentary sensations, relational between bodies or systems, and probably common throughout the natural world. If this continuum of experience — from non-conscious, to conscious, to self-transcending awareness — can be understood and accepted, radical constructivism (the “outside” world as a construct of experience) will gain a firmer foundation, panexperientialism (a living universe) may gain credibility, and psi will find its medium. (shrink)

I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.

It is well-known that the entangled quantum state of a composite object cannot be reduced to the states of its parts. This quantum holism provides a peculiar challenge to formulate an appropriate mereological model: When a system is in an entangled state, which objects are there on the micro and macro level, and which of the objects carries which properties? This paper chooses a modeling approach to answer these questions: It proceeds from a systematic overview of consistent mereological models for (...) entangled systems and discusses which of them is compatible with the quantum mechanical evidence (where quantum states are understood realistically). It reveals that entangled quantum systems neither describe undivided wholes nor objects that stand in irreducible relations. The appropriate model assumes that the entangled property is an irreducible non-relational plural property carried collectively by the micro objects, while there is no macro object. In this sense, quantum holism is an instance of property holism, not of object holism. (shrink)

Here I outline the argument in Kim Sterelny’s book The Evolved Apprentice. I present some worries for Sterelny from the perspective of modelers in behavioral ecology. I go on to discuss Sterelny’s approach to moral psychology and finally introduce some potential new applications for his evolved apprentice view.

Phenomenal conservatives claim that seemings are sui generis mental states and can thus provide foundational non-doxastic justification for beliefs. Many of their critics deny this, claiming, instead, that seemings can be reductively analyzed in terms of other mental states—either beliefs, inclinations to believe, or beliefs about one’s evidence—that cannot provide foundational non-doxastic justification. In this paper, I argue that no tenable semantic reduction of ‘seems’ can be formulated in terms of the three reductive analyses that have been proposed by critics (...) of phenomenal conservatism. This is because Moore-paradoxical statements are generated when each of the reductive analyses is substituted for ‘seems’ in statements like ‘The stick is straight, but it does not seem to me that it’s straight.’ Since the latter statement is not Moore-paradoxical, the three proposed reductive analyses of ‘seems’ are unsuccessful. Absent a successful semantic reduction, however, there is no good reason to think a successful metaphysical reduction of seemings is forthcoming. Thus, there is an additional reason, unnoticed in the existing literature, to think that seemings are sui generis mental states. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

Intergenerational transfers are a core feature of the practice of private philanthropy. A substantial portion of the resources committed to charitable causes comes from transfers (either during life or at death) that continue to pay out after death. Indeed, much of the power of the charitable foundation lies in its ability to extend the life of an enterprise beyond the mortal existence of its initiating agents. Despite their prevalence, whether and in what way the instruments of intergenerational philanthropy can be (...) justified is controversial. Many have argued that these instruments unfairly privilege the interests of the dead at the expense of the living and unborn. More recently, others have argued that intergenerational charitable transfers comport with the demands of distributive justice and are therefore legitimate. This paper contends that both of these perspectives fail to see the problem for what it is. Intergenerational charitable transfers may indeed promote justice in certain respects, but they do so at the cost of imposing the judgments of the dead onto the living. Respecting the wishes of the past conflicts with an interest in “generational sovereignty.” The paper concludes that properly accounting for this interest in generational sovereignty doesn’t require the abolition of intergenerational philanthropy. But it does tell in favor of a different regulatory orientation than most legal systems currently adopt. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This essay is divided into two parts, deeply intermingled. Part I examines not only the origin of conscious experience but also how it is possible to ask of our own consciousness how it came to be. Part II examines the origin of experience itself, which soon reveals itself as the ontological question of Being. The chief premise of Part I is that symbolic communion and the categorizations of language have enabled human organisms to distinguish between themselves as actually existing entities (...) and their own immediate experience of themselves and their world. This enables them to reflect upon abstract concepts, including “self,” “experience,” and “world.” Symbolic communication and conceptualization grow out of identification, the act of first observing conscious experiencing and intimating what it is like, mimesis, a gestural protolanguage learned through imitation, and reflection, seeing oneself through the eyes of others. The step into actual intentional speech is made through self-assertion, narrative, and intersubjectivity. These three become the spiral of human cultural development that includes not only the adaptive satisfaction of our biological needs, but also the creativity of thought. With the mental-conceptual separation of subject and object – of self and world – the human ability to witness the universe (and each other) is the ground of our genuinely human quality. Consciousness gives human life its distinctively human reality. It is, therefore, one and the same ability that enables us to shape planet Earth by means of conceptual representations (rather than by means of our hands alone) while also awakening us to the significance of being. -/- Looking beyond human self-consciousness to investigate the origin and nature of awareness itself in Part 2, reductive objective materialism is found to be of little use. Direct experience also falls short in that, in order to be transformed into objective knowledge about itself, it must always be interpreted through and limited by the symbolic contexts of culture and the idiosyncratic conceptualizations of the individual. Awareness-in-itself must thus be considered ultimately unexplainable, but this may more indicate its inexpressible transcendence of all symbolic qualifiers than its nonexistence. It is suggested that awareness is not “self-aware” (as in deity) but is instead unknowing yet identical with the only true universal: the impetus of creative unfolding. Our human knowledge, as an expression of this unfolding, is seen to emerge from our conscious experiencing and, in turn, to have the power – and enormous responsibility – of directing that experience. Our underlying symbolic worldviews are found to be autopoietic: They limit or open our conscious experience, which, in turn, confirms those worldview expectations. As we explore a future of unforeseeable technological breakthroughs on an ailing planet who patiently copes with our “success,” truly vital decisions about the nature, meaning, extent, and future of conscious experience will have to be made. (shrink)

Ideas for integrating AI into politics are now emerging and advancing at accelerating pace. This chapter highlights a few different varieties and show how they reflect different assumptions about the value of democracy. We cannot make informed decisions about which, if any, proposals to pursue without further reflection on what makes democracy valuable and how current conditions fail to fully realize it. Recent advances in political philosophy provide some guidance but leave important questions open. If AI advances to a state (...) where it can secure superior political outcomes, leading perspectives in political philosophy suggest that democracy may become obsolete. If we find this suggestion troubling, we need to put the case for democracy on stronger foundations. (shrink)

[This is an edited and improved version of "You Are Not Your Brain: Against 'Teaching to the Brain'" previously published in *Review of Higher Education and Self-Learning* 5(15), Summer 2012.] Since educators are always looking for ways to improve their practice, and since empirical science is now accepted in our worldview as the final arbiter of truth, it is no surprise they have been lured toward cognitive neuroscience in hopes that discovering how the brain learns will provide a nutshell explanation (...) for student learning in general. I argue that identifying the person with the brain is scientism (not science), that the brain is not the person, and that it is the person who learns. In fact the brain only responds to the learning of embodied experience within the extra-neural network of intersubjective communications. Learning is a dynamic, cultural activity, not a neural program. Brain-based learning is unnecessary for educators and may be dangerous in that a culturally narrow ontology is taken for granted, thus restricting our creativity and imagination, and narrowing the human community. (shrink)

We develop a theory about the metaphysics of time and modality that combines the conceptual resources devised in recent sympathetic work on ontological pluralism (the thesis that there are fundamentally distinct kinds of being) with the thought that what is past, future, and merely possible is less real than what is present and actual (albeit real enough to serve as truthmakers for statements about the past, future, and merely possible). However, we also show that despite being a coherent, distinctive, and (...) prima facie appealing position, the theory succumbs to what we call the “problem of mixed ontological status”. We conclude that the proponents of the theory can only evade these problems by developing ontological pluralism in a radically different way than it has been by its recent sympathizers. (shrink)

The model of scientific revolution genesis and structure, extracted from Einstein’s revolution and described in author’s previous publications, is applied to the Copernican one . In the case of Einstein’s revolution I had argued that its cause consisted in the clash between the main classical physics scientific programmes: newtonian mechanics, maxwellian electrodynamics, classical thermodynamics and statistical mechanics. Analogously in the present paper it is argued that the Copernican revolution took place due to realization of the dualism between mathematical astronomy and (...) Aristotelian qualitative physics in Ptolemy’s cosmology and the corresponding efforts to eliminate it. The works of Copernicus, Galileo, Kepler and Newton were all the stages of the mathematics descendance from skies to earth and reciprocal extrapolation of earth physics on divine phenomena. (shrink)

Richness theory offers a promising axiology. In this paper, I discuss how to translate it into a deontology. To do so, I recruit the concept of moral distance from a recently developed epistemology, and construe it in terms of causal power. Finally, I apply the resulting decision-theoretic framework to the question of how best to avert ecological disaster over the next 36 years and achieve ecological harmony over the next 986.

The study aimed to know the relationship between the nature of the work and the type of communication among the Employees in the Palestinian universities. A comparative study between Al-Azhar University and Al-Aqsa University. The researchers used the analytical descriptive method through a questionnaire that is randomly distributed among the employees of Al-Azhar and Al-Aqsa universities in Gaza Strip. The study was conducted on a sample of (176) administrative employees from the surveyed universities. The response rate was (85.79%). The study (...) reached a number of results, the most important of which is that there is a high degree of satisfaction with the nature of work prevailing in the Palestinian universities in Gaza Strip from the point of view of the administrative staff, where the percentage was (68.15%). There is an Mean level of communication from the point of view of administrative staff, with a percentage of (67.50%). There is a direct correlation between the nature of the work and the prevailing pattern of communication. There is an absence of differences between the sample according to the gender variable in their perception of the nature of work and the prevailing pattern of communication. There is an absence of differences in the perception of Employees nature of work and the pattern of communication prevailing depending on the variables (age, years of service, job level, and university). There are statistically significant differences between Al-Azhar University and Al-Aqsa University in favor of Al-Azhar University. The study reached a number of recommendations, the most important of which is that the interest of the management of the Palestinian universities in Gaza Strip in general, and Al-Aqsa and Al-Azhar Universities in particular should be provided with a good nature of work and communication. There is a need for continuing the management of universities to pay attention and continuous improvement of the performance of employees. There is an importance of solving the problems of Employees and giving them the opportunity to contribute to solving their own problems. Staff rotation should be used periodically and the need to strengthen the democratic leadership style and empower university Employees. (shrink)

Francis Bacon (15611626) wrote that good scientists are not like ants (mindlessly gathering data) or spiders (spinning empty theories). Instead, they are like bees, transforming nature into a nourishing product. This essay examines Bacon's "middle way" by elucidating the means he proposes to turn experience and insight into understanding. The human intellect relies on "machines" to extend perceptual limits, check impulsive imaginations, and reveal nature's latent causal structure, or "forms." This constructivist interpretation is not intended to supplant inductivist or experimentalist (...) interpretations, but is designed to explicate Bacon's account of science as a collaborative project with several interdependent methodological goals. (shrink)

Objective: To examine the current ethical review process of ethics committees in a non-pharmacological trial from the perspective of a clinical investigator.Design: Prospective collection of data at the Study Centre of the German Surgical Society on the duration, costs and administrative effort of the ERP of a randomised controlled multicentre surgical INSECT Trial between November 2003 and May 2005.Setting: Germany.Participants: 18 ethics committees, including the ethics committee handling the primary approval, responsible overall for 32 clinical sites throughout Germany. 8 ethics (...) committees were located at university medical schools and 10 at medical chambers. Duration was measured as days between submission and receipt of final approval, costs in euros and administrative effort by calculation of the product of the total number of different types of documents and the mean number of copies required .Results: The duration of the ERP ranged from 1 to 176 days. The median duration was 26 days at MSUs compared with 34 days at medical chambers. The total cost was €2947. 1 of 8 ethics committees at universities and 8 of 10 at medical chambers charged a median fee of €162 . The administrative effort for primary approval was 30. Four ethics committees required a higher administrative effort for secondary approval .Conclusion: The ERP for non-pharmacological multicentre trials in Germany needs improvement. The administrative process has to be standardised: the application forms and the number and content of the documents required should be identical or at least similar. The fees charged vary considerably and are obviously too high for committees located at medical chambers. However, the duration of the ERP was, with some exceptions, excellent. A centralised ethics committee in Germany for multicentre trials such as the INSECT Trial can simplify the ERP for clinical investigators in and outside the country. (shrink)

It is common to think that clarity is an essential ingredient of good teaching, meaning, in part, that good teachers always make it as easy as possible to follow what they say. We disagree. What we argue is that there are cases in which a philosophy teacher needs to forego clarity, making strategic use of obscurity in the undergraduate classroom.

In what follows, I suggest that, against most theories of time, there really is an actual present, a now, but that such an eternal moment cannot be found before or after time. It may even be semantically incoherent to say that such an eternal present exists since “it” is changeless and formless (presumably a dynamic chaos without location or duration) yet with creative potential. Such a field of near-infinite potential energy could have had no beginning and will have no end, (...) yet within it stirs the desire to experience that brings forth singularities, like the one that exploded into the Big Bang (experiencing itself through relative and relational spacetime). From the perspective of the eternal now of near-infinite possibilities (if such a sentence can be semantically parsed at all), there is only the timeless creative present, so the Big Bang did not happen some 13 billion years ago. Inasmuch as there is neither time past nor time future nor any time at all at the null point of forever, we must understand the Big Bang (and all other events) as taking place right here and now. In terms of the eternal now, the beginning is happening now and we just appeared (and are always just appearing) to witness it. The rest is all conscious construction; time and experience are so entangled, they need each other to exist. (shrink)

Tropes, as distinguished from other possible kinds of entities such as universals, states of affairs, events and bare particulars, are best-suited to play the role of causal relata.

The study aimed to identify the effect of applying detection and prevention tools for career fraud in combating and preventing fraud and reducing its risks through an applied study on Palestinian Ministry of Health in Gaza Strip, Palestine. To achieve the objectives of the study, the researchers used the questionnaire as a main tool to collect data, and the descriptive and analytical approach to conducting the study. The study population consisted of (501) supervisory employees working at MOH in Gaza Strip, (...) Palestine. The researchers used the stratified random sample method and the multiple regression method to measure the effect. The study concluded a set of results, the most important of which is a positive evaluation among respondents about the levels of application of tools to detect and prevent job fraud within MOH, and the presence of a high interest in tools to prevent job fraud during the implementation of its various work. The study recommended the necessity for the Palestinian National Authority to develop and approve laws regulating health sector, so that those laws guarantee the prevention of conflicts of interest, especially for the category of doctors, by preventing job duplication of doctors working in the government sector. Also study recommended the need for MOH to adopt principles of health sector governance and begin immediately to implement them. This process to ensure transparency, disclosure and accountability in the business framework in a manner that realizes the effective protection of stakeholders and does not compromise or discriminate in the application of these principles, which ensures that all forms of job fraud are organized in an organized manner and within fixed legal frameworks. (shrink)