In 2018, the Art Gallery of Ontario retitled a painting by Emily Carr which contained an offensive word. Controversy ensued, with some arguing that unsanctioned changes to a work’s title infringe upon artists’ moral and free speech rights. Others argued that such a change serves to whitewash legacies of racism and cultural genocide. In this paper, I show that these concerns are unfounded. The first concern is not supported by law or the history of our titling practices; and the (...) second concern misses the mark by ignoring the gallery’s substantial efforts to avoid just such an outcome. Picking up on a suggestion from Loretta Todd, I argue that we can use Aboriginal Title as a model for thinking about the harms perpetuated by cultural appropriation, and the practices we should adopt to mitigate them. (shrink)

It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of (...) justice. To the contrary, Indigenous American nations were sovereign entities holding exclusive title to their territories at the time of European contact, and they participated actively in the formation of Canada and the United States. This fact requires us to rewrite our constitutional histories and reconsider the current status of Indigenous nations. (shrink)

When this article was first planned, writing was going to be exclusively about two things - the origin of life and human evolution. But it turned out to be out of the question for the author to restrict himself to these biological and anthropological topics. A proper understanding of them required answering questions like “What is the nature of the universe – the home of life – and how did it originate?”, “How can time travel be removed from fantasy and (...) science fiction, to be made scientific and practical?”, and “How can the proposed young age of genus Homo be made to actually be reasonable – when simply stating it would be solid ground for instant rejection and dismissal?” The result is that the article also talks about subjects like Artificial Intelligence, General Relativity, and cosmology. -/- From where did life originate? God? Evolution? Panspermia? If the tendency of humans and scientists to regard undiscovered science as pseudoscience can be overcome, Einstein gave another alternative to consider when he introduced General Relativity. Time isn’t linear – progressing in a straight line from past to present to future. That assumption ignores Relativity which states that space AND TIME are curved. Where did life and the genetic code come from? Can the answer build AI? -/- The first question can be answered by the section of this article titled SETI, Evolution, and Time which says life (possibly multicellular and intelligent) and the genetic code came from humans acquiring knowledge of these things over the centuries, then applying that knowledge – via terraforming, accumulation of raw materials like amino acids and nucleic acids, genetic engineering - to a time in the past when life didn’t exist. From that origin, life evolved through innumerable mutations and adaptations, with humans once again acquiring knowledge of it in cyclic (nonlinear) time. -/- The second question is answered by saying artificial intelligence (AI) as the product of life is only half of the equation. The other half refers to Relativity’s curved space-time and violation of the notion that time always travels from past to future. We have always lived in an artificially intelligent, non-probabilistic universe where everything in time and space is connected into one thing by quantum entanglement – making the brain and genes products of binary-digit activity or artificial intelligence (life is not merely dependent on biology’s “lock and key” mechanisms but also possesses AI). -/- The earliest documented representative of the genus Homo is Homo habilis, which evolved around 2.8 million years ago. Scientists used to believe there was a straight line from H. habilis to us, Homo sapiens. This article will use the “advanced” waves loved by Physics Nobel laureate Richard Feynman, view the history of science through the lens of Conic Sections applied to Relativity’s curved space-time, and incorporate the necessity of so-called imaginary time * – popularized by Prof. Stephen Hawking. While the evolutionary proposals are more in agreement with this early straight line than with modern theories, Albert Einstein’s General Relativity is used to transform the straight line into a curved line, ultimately concluding that Homo habilis (H. habilis) originated only (and unbelievably, as far as today’s science and technology is concerned) ~250,000 years ago. Other branches and dead ends of Homo – e.g. Neanderthals – are the result of mutations and adaptations, with the resultant modifications to anatomy and physiology. The surprisingly young age of H. habilis allows nearly 200,000 years for habilis, or one of its descendants, to reach Australia … if this country’s indigenous Aboriginal population did, as claimed, reach this “island continent” 60,000 years ago. -/- * The ultraviolet catastrophe, also called the Rayleigh–Jeans catastrophe, is a failure of classical physics to predict observed phenomena: it can be shown that a blackbody - a hypothetical perfect absorber and radiator of energy - would release an infinite amount of energy, contradicting the principles of conservation of energy and indicating that a new model for the behaviour of blackbodies was needed. At the start of the 20th century, physicist Max Planck derived the correct solution by making some strange (for the time) assumptions. In particular, Planck assumed that electromagnetic radiation can only be emitted or absorbed in discrete packets, called quanta. Albert Einstein postulated that Planck's quanta were real physical particles (what we now call photons), not just a mathematical fiction. From there, Einstein developed his explanation of the photoelectric effect (when quanta or photons of light shine on certain metals, electrons are released and can form an electric current). So it appears entirely possible that another supposed mathematical trickery (imaginary time and the y-axis of Wick rotation) will find practical application in the future. -/- The article includes mathematical references to cosmology (spoiler alert – you’ll read about things like Vector-Tensor-Scalar Geometry, topology, the “eternal present”, Einstein’s Unified Field, the inverse-square law, and there being no Big Bang and no multiverse - but there will also be no equations). -/- The other subheadings in this essay are – -/- NONLINEAR TIME AND ELECTRICAL ENGINEERING (about a 2009 electrical engineering experiment at America’s Yale University, and cosmic wormholes) -/- BITS AND TOPOLOGY (base-2 maths aka Binary digiTS, Mobius strips, and figure-8 Klein bottles) -/- WICK ROTATION, CAUSALITY, AND UNITING TIME (do past, present and future co-exist in an “eternal present”?) -/- DIGITAL BRAIN, DIGITAL UNIVERSE (if the brain and the universe are ultimately composed of binary digits, we'll someday be able to do the same things with the brain and universe that we now do with computers) -/- PROPOSAL: HUMAN AND ANIMAL INSTINCTS ARE THE RESULT OF THE UNIVERSE BEING UNIFIED BY BINARY DIGITS (AND TOPOLOGY) (If everything in the universe is ultimately composed of electronic BITS, then the universe must possess Artificial Intelligence - some prefer the term Cosmic Consciousness) -/- INFORMATION THEORY CONQUERS A RED GIANT (preserving Earth by keeping the Sun near today’s level of activity forever). (shrink)

Imam Mahdi has many titles for which more than 180 titles have been mentioned. Here we mention the most important ones. Some of these titles, as they are, are mentioned in different religions and in their books with the same name, which refers to Imam Mahdi.

The Title Principle is seen by a number of commentators as crucial to Hume’s resolution of skeptical doubts in THN 1.4.7, thus providing an answer to Kemp Smith’s (1941) famous worry regarding the tension between Hume’s skepticism and his naturalism. However, I will argue that in the Enquiry, Hume rejects both the Title Principle and the role of the passions in his epistemology. Those who think that neither the Title Principle nor the passions play a significant role (...) in THN 1.4.7 will likely take this as grist for their mills. But for those who endorse such interpretations, my argument presents an interpretive burden to provide some explanation as to why Hume might have become dissatisfied with this epistemic framework, abandoning it in his later work. Having raised this interpretive burden, my paper also seeks to bear it by providing such an explanation. (shrink)

Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the (...) fundamental insights from our hearings: that is, to Aboriginal peoples, land is not just a commodity; it is an inextricable part of Aboriginal identity, deeply rooted in moral and spiritual values" (1996, 430). I would contend that human rights and global justice require that, as the United Nations Charter asserts, formerly colonized peoples have a legitimate claim to pursue their social, economic and cultural interests within the boundaries of a peoples' right to self- determination. I examine a spectrum of dominant liberal theories of justice regarding cultural membership and its relationship to politics with respect to Indigenous demands for self-determination. Specifically, my purpose is to explore which position is best able to accommodate the key aspect of this demand: that they have the power to organize themselves according to their traditional views of the land and that, importantly, they have the power to promote such self-understandings in their social, legal, and political institutions. I demonstrate the manner in which many such liberal theories continue to perpetuate (at times, unwittingly) a neo-colonial agenda in which Indigenous claims would be recognized by a liberal state the degree that Indigenous tribes assimilate to European cultural self-understandings. (shrink)

Universities and colleges all over the United States are currently revising and implementing policies concerning sexual harassment and sexual misconduct, under the generally expressed concern to comply with Title IX requirements. But there is a very basic problem of equivocation. Both “sexual harassment” and “sexual misconduct” are used in very different ways in different contexts, often by the same entity. The result is a mess in which members of campus communities cannot be sure of their obligations or protections, and (...) which presents a serious threat to academic freedom. (shrink)

This article is devoted to thirtieth anniversary of the first publication in 1982 Saul Kripke's book "Wittgenstein on rules and private language". Radical skeptical interpretation of the work 'late' Ludwig Wittgenstein proposed by Saul Kripke in this book is considered one of the most famous "puzzle" of modern philosophy of language, which has become a source of much debate and discussion on the nature of the linguistic sign and its meaning. This article examines some of the consequences of a radical (...) version of skeptical 'rule-following' paradox by Saul Kripke, which remain in force and effect for finite functions and limited linguistic registers 'Ad finitum'. Thereby questioned the widely held view among analytic philosophers that the skeptical core for Saul Kripke's 'rule-following' paradox is argument 'Ad infinitum' (an inherent source of skepticism for our intention to follow the rule is concluded in itself situation of mastering for us endless function on the limited set of examples), and thus any direct or even moderate solutions of this paradox would be focused to its elimination. Thus proved that including for the field of finite functions and languages described theirs the skeptical force of 'rule-following' paradox itself completely saves. Moreover, undertaken in this article analysis detects a very quaint phenomenon to the field of language registers 'Ad finitum' - the effect of 'replication' (in the using of a linguistic phrase is always a n-th set of empirically equivalent but logically incompatible and even non-identical languages which it belongs). Study of the phenomenon of replication leads to a number of important remarks on many critics of Saul Kripke's skeptical paradox, in particular the famous Oxford philosopher Gordon Baker and Peter Hacker. Thus the concept of 'community speakers' has been called by Saul Kripke for skeptical solution to paradox of him own cannot be eliminated by the concept of 'share' and 'shareable' languages proposed for this aim by Gordon Baker and Peter Hacker. Despite the criticism the skeptical paradox 'rule-following' by Saul Kripke is still the center of attention and remains influential in modern philosophy of language and the meaning theory. (shrink)

Art historians and philosophers often talk about the interpretive significance of titles, but few have bothered with their historical origins. This omission has led to the assumption that an artwork's title is its proper name, since names and titles share the essential function of facilitating reference to their bearers. But a closer look at the development of our titling practices shows a significant point of divergence from standard analyses of proper names: the semantic content of a title is (...) often crucial to the identification, individuation, and interpretation of its associated artwork. This paper represents a first step towards an empirically centred study of our titling practices. I argue that, in order to accept titles as proper names, we must first recognize the social, rather than the referential, function of naming. (shrink)

I believe that as a teacher I must provide high quality content for my students. And all these should be available for free online so that bright students globally can choose which editions of a seminal text they can study. In every UG, PG examination, one is asked about the importance of the title of Shaw's play. In this paper I have illustrated by my own reading how one should and can approach the play. For scholars, my annotations referring (...) to John of Patmos may be interesting. I have deposited this paper here since I have shown the deep multiple philosophical mooring which Shaw affords but often even a discerning reader misses. (shrink)

The methodology title on BMF analytics is now in its third year of service to our research community, enabling many researchers to implement their research pursuits.

In this paper I will describe certain significant features of the title-page of Hume's Treatise which have gone largely unnoticed. My discussion will focus on two features of the titlepage. First, Hume's Treatise shares its title with a relevant and well-known work by Hobbes. Second, the epigram of the title-page, which is taken from Tacitus, also serves as the title for the final chapter of Spinoza's Tractatus Theologico-Politicus. In the seventeenth and early-eighteenth centuries Hobbes and Spinoza (...) were infamous as the two most influential representatives of 'atheistic' or antiChristian philosophy. The significance of these features of the title-page of the Treatise, therefore, is that in this important context Hume unambiguously alludes to these philosophers and their 'atheistic' doctrines. This, I will argue, accords well with a proper understanding of the nature of Hume's own anti-Christian intentions in the Treatise. (shrink)

Most analytic philosophers are atheists, but is there a deep connection between analytic philosophy and atheism? The paper argues a) that the founding fathers of analytic philosophy were mostly teenage atheists before they became philosophers; b) that analytic philosophy was invented partly because it was realized that the God-substitute provided by the previously fashionable philosophy - Absolute Idealism – could not cut the spiritual mustard; c) that analytic philosophy developed an unhealthy obsession with meaninglessness which led to a new kind (...) of atheism that dismissed talk of God as factually meaningless (neither true nor false) rather than meaningful but false; but d) that this new-fangled atheism (unlike the old-fashioned atheism of the founders) is false, since it relies on theories of meaning – verificationism and falsificationism – which are themselves false. The primary focus is on Bertrand Russell, though other analytic philosophers such as Ayer, Neurath and Flew are also extensively discussed. (shrink)

This is a mini-research regarding the use of mobile phones at ACTS Academy.

Development economist Hernando de Soto Polar has effectively advocated for property rights in the Third World, as his ideas have influenced the policies of the World Bank, International Monetary Fund and United Nations Development Programme. He envisions land titling as a means of lifting the poor out of poverty. I argue that his classical liberal interpretations of property and the good life are dangerously naive. One can see the dangers of de Soto’s imperialist and one-dimensional vision after considering the cultural (...) destruction that results from his brand of development in pastoral Kenya. Also, this article demands a reframing of standardized development approaches. It argues that the conventional view is prone to creating unstable, culturally hegemonic relationships between the government and entrepreneurs, and the people of the land. Asymmetrical lawfare is another nondemocratic feature of de Soto’s development. This article emphasizes that Kenyan pastoralists are not inherently vulnerable people but that they have been rendered vulnerable by society. Lastly, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the basis for an alternative to de Soto’s development design. UNDRIP was a hard-fought legal protection for the world’s indigenous peoples that makes human dignity central to development. The Global North and Global South produce differing visions of development. This article points to Kenya as an example of how the Global North’s vision has fundamentally failed because it disenfranchises pastoralists—the very people policymakers and policy supporters claim it is intended to benefit. (shrink)

I was invited to contribute this short piece to a book published in Russia, consisting of brief statements on the nature of morality written by approximately 90 scholars. Each essay is published in both English and Russian. My essay offers my considered answer to the question posed in the title, though in the end all contributions were published without titles.

Hornsby is a defender of a position in the philosophy of mind she calls “naïve naturalism”. She argues that current discussions of the mind-body problem have been informed by an overly scientistic view of nature and a futile attempt by scientific naturalists to see mental processes as part of the physical universe. In her view, if naïve naturalism were adopted, the mind-body problem would disappear. I argue that her brand of anti-physicalist naturalism runs into difficulties with the problem of mental (...) causation and the completeness of physics. (shrink)

English summary: This paper engages with a tradition in Icelandic philosophy of theorizing about critical thinking. The central thesis of the paper is that critical thinking should not be identified with scientific thinking, since scientific research is often (and inevitably so) based on a kind of epistemic trust in other scientists' testimony that is incompatible with critical thinking. The paper also criticizes the idea that critical thinking should be associated with any of Charles Peirce's four ways of forming beliefs in (...) "The Fixation of Belief". (shrink)

English summary: This paper uses research on the COVID-19 pandemic as the backdrop for an accessible discussion of the value and status of science, and of the role of valuesin science. In particular, the paper seeks to debunk three common myths or dogmas about scientific research: (i) that there is such a thing as 'scientific proof' of a theory or hypothesis, (ii) that disagreement is necessarily unhealthy or unnatural in science, (iii) and that personal values play no role in scientific (...) research. (shrink)

Important achievements were obtained in the fields of mathematics, medicine, chemistry, astronomy, physics, optics, mechanics, zoology, botanic, mineralogy, geography and etc. in the Turkish-Islamic world between the ninth and thirteenth centuries. According to the leading historians of science, scholars living in different parts of the TurkishIslamic world not only surpassed their Greek and Byzantine predecessors. They also paved the way for development of these fields of science for following centuries. It is possible to mention many physicians that left non-erasable marks (...) in the medicine history among these distinguished scholars. One of these names is an Andalusian surgeon-physician called Abul-Qāsim alZahrāwī. He is known for his solid and unique contributions to the surgical world and regarded as the founder of surgery in the TurkishIslamic world. al-Zahrāwī wrote many books. One of these books, called al-Taṣrīf (The Method of Medicine) regarded as a medical encyclopedia has reached until today. The book attracted more attention in the European countries than in the Turkish-Islamic world and had an impact on Europe. Different chapters from the book were translated into languages such as Hebrew, French, English and especially Latin. al-Zahrāwī’s scientific heritage has also been discussed with all its aspects in Russia where scientists in the Turkish-Islamic world have especially been studied. Even though it was translated at a later period than Avicenna’s al-Qānūn fī al-Ṭibb (The Canon of Medicine), al-Taṣrīf was translated into Russian. The aim of this study is to identify Russian studies on Zahrawi and his main work, al-Taṣrīf -within the framework of available opportunitiesand to present prominent ones among these. In conclusion, this article also aims to contribute to the Turkish literature on al-Zahrāwī and al-Taṣrīf. Therefore, the author wishes to assist the relevant ongoing studies and the ones to be conducted in the future in terms of bibliography and material index. (shrink)

English abstract: This paper discusses the delicate relationship between traditional epistemology and the increasingly influential probabilistic (or ‘Bayesian’) approach to epistemology. The paper introduces some of the key ideas of probabilistic epistemology, including credences or degrees of belief, Bayes’ theorem, conditionalization, and the Dutch Book argument. The tension between traditional and probabilistic epistemology is brought out by considering the lottery and preface paradoxes as they relate to rational (binary) belief and credence respectively. It is then argued that this tension can (...) be alleviated by rejecting the requirement that rational (binary) beliefs must be consistent and closed under logical entailment. Instead, it is suggested that this logical requirement applies to a different type of binary propositional attitude, viz. acceptance. (shrink)

In this paper I uncover the identities of the interlocutors of Pierre Bayle's Entretiens de Maxime et de Themiste, and I show the significance of these identities for a proper understanding of the Entretiens and of Bayle's thought more generally. Maxime and Themiste represent the philosophers of late antiquity, Maximus of Tyre and Themistius. Bayle brought these philosophers into dialogue in order to suggest that the problem of evil, though insoluble by means of speculative reason, could be dissolved and thus (...) avoided through mutual toleration. I conclude by comparing Bayle's "theodicy of toleration" with Kant's notion of authentic theodicy. (shrink)

On the one hand, theories of modern physics are very successful in their areas of application. But on the other hand, the irreconcilability of General Relativity (GR) and Quantum Electrodynamics (QED) suggests that these theories of modern physics are not the final answer regarding the fundamental workings of the universe. This monograph takes the position that the key to advances in the foundations of physics lies in the hypothesis that massive systems made up of antimatter are repulsed by the gravitational (...) field of a body of ordinary matter: this hypothesis takes us to an uncharted territory where GR and QED do not hold up. From there the Elementary Process Theory (EPT) is developed: this is a collection of seven generalized process-physical principles that do hold up if the hypothesis is a fact of nature. Using four-dimensionalistic terminology, the EPT abstractly describes an elementary process in the temporal evolution of a massive system that interacts with its environment. The idea is that these elementary processes take place at Planck scale and are essentially all the same, regardless of the type of interaction that takes place: the EPT is thus intended as a candidate for a unifying scheme that applies to all four basic interactions. By mathematical modeling, the relation is explored between the EPT and classical mechanics, quantum mechanics, special relativity and GR. (shrink)

This book presents a phenomenological and hermeneutical research, where the body is taken both as fundamental ontological situation of human, as well as a language phenomenon, appearing in the dialectical tension between two Greeks notions – soma and sarx. The first of them is a becoming, hypostasizing entity, which in Aristotelian terms can be called dynamis (potentiality), while the second one, since it is a hypostasis, can be called energia (actuality). So the difference between them, using Heidegger’s terms, can be (...) seen as ontological one. One of the hypotheses of the research is that such a specifically divided body is a ground of mystical experience. Though as the examples provided here were mysticisms by Gregory Palamas and Meister Eckhart, they were interpreted as spectacular particularities of the broader, not only religious, phenomenon of mysticism. The latter is redefined here as a relation (including erotic one), based on meeting and co-action of two or more bodies etc. -/- This book is a phenomenological and hermeneutical research, where the body is presented both as fundamental ontological situation of human, as well as a language phenomenon, appearing in the dialectical tension between two Greeks notions – soma (the body) and sarx (flesh). The first of them is a becoming, hypostasizing entity, which in Aristotelian terminology can be called dynamis (potentiality), while the second one, since it is a hypostasis, can be called energia (actuality). Though the difference between them, using Heidegger’s terminology, can be presented as ontological. For one of the hypotheses of the research is that such a specifically divided body is a ground of mystical experience. Though as examples taken here were mysticisms by St Gregory Palamas and Meister Eckhart, they understood here as radical, but spectacular particularities of the broader (and essential for such a body) phenomenon of mysticism, which is redefined in this book as not only religious relation, based on meeting and co-action of two or more bodies, hermetic from the outside (so erotic relation also can be presented by this notion). (shrink)

"But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed." (Othello) -/- ( http://philpapers.org/profile/112741 ).

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis (...) of the record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

This article revisits, analyzes and critiques Bruce Chatwin’s 1987 bestseller, The Songlines,1 more than three decades after its publication. In Songlines, the book primarily responsible for his posthumous celebrity, Chatwin set out to explore the essence of Central and Western Desert Aboriginal Australians’ philosophical beliefs. For many readers globally, Songlines is regarded as a—if not the—definitive entry into the epistemological basis, religion, cosmology and lifeways of classical Western and Central Desert Aboriginal people. It is argued that Chatwin’s fuzzy, (...) ill-defined use of the word-concept “songlines”2 has had the effect of generating more heat than light. Chatwin’s failure to recognize the economic imperative underpinning Australian desert people’s walking praxis is problematic: his own treks through foreign lands were underpropped by socioeconomic privilege. Chatwin’s ethnocentric idée fixe regarding the primacy of “walking” and “nomadism,” central to his Songlines thématique, well and truly preceded his visits to Central Australia. Walking, proclaimed Chatwin, is an elemental part of “Man’s” innate nature. It is argued that this unwavering, preconceived, essentialist belief was a self-serving construal justifying Chatwin’s own “nomadic” adventures of identity. Is it thus reasonable to regard Chatwin as a “rogue author,” an unreliable narrator? And if so, does this matter? Of greatest concern is the book’s continuing majority acceptance as a measured, accurate account of Aboriginal belief systems. With respect to Aboriginal desert people and the barely disguised individuals depicted in Songlines, is Chatwin’s book a “rogue text,” constituting an act of epistemic violence, consistent with Spivak’s usage of that term? (shrink)

This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. -/- (...) Orthodoxy holds that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular (...) conceptions of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)

In this paper, I defend the suggestion that to be God is just to be the one and only god, where to be a god is to be a supernatural being or force that has and exercises power over the natural world but that is not, in turn, under the power of any higher ranking or more powerful category of beings or forces. I then go on to defend the following further claims: (1) there can be no more than one (...) God; (2) ‘God’ is not a title-term; and (3) the use of the name ‘God’ by non-believers is not parasitic on the use of this name by believers. (shrink)

Original title : 「ドガの『舞姫』」『深田康算全集』[Œuvres complètes de Fukada Yasukazu]. Machida, Tamagawa Daigaku Shuppanbu, 1972–1973, 3 : 9–15.

Title in English: Pastoral Counseling Psychology: Premarital, Marriage, and Family Contexts. "Pastoral counseling" is different from "Christian counseling". Pastoral counseling is a counseling orientation (not a theoretical school) that emphasizes openness to exploration (including tolerating mystery or ambiguity) of spiritual and religious issues (e.g., the concept of God) on clients and between clients and counselors, in which case the issue might be viewed as the root of daily life problems. Pastoral counseling still uses the concepts of counseling psychology or (...) psychotherapy in general, such as the helping relationship or therapeutic relations. Pastoral counseling psychology is demanded to be pro-active, continuous challenging itself to perform critical reflection and to contribute thoughts and praxis "in concreto" in solving psychological problems. (shrink)

Title in English: Psychology of Nationality as A New Studies Umbrella in Indonesia. Abstract: The role of psychology in dealing with issues of and improving the welfare of the nation has often been raised into topics of psychology seminars and conferences, both in subdisciplines of social psychology, clinical-macro psychology, and other subdisciplines. Psychology, as a science that deals with human dimensions, tries to contribute from formulating the definition of "nation" to doing research and social intervention on the nation's problems. (...) This phenomenon is very encouraging because it shows that we are continually questioning ourselves as a nation, a precondition for healthy development, as well as seeing and trying to reach the possibilities of how our nation will "become". Every psychology (assumed that psychology is not singular) that indicates and prescribes adherence of feelings and commitments of citizens with the imagined community of the nation deserve to be called as Psychology of Nationality. (shrink)

Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he acquires the (...) property title to the customer’s money without voluntary consent, which is theft. The balance between these two logical extensions of property rights—the right of free speech and the right of contract—lies somewhere in the area of communication philosophy, and can be explained through understanding the role of communication in human interactions. Advertising is a form of communication that may convey important information about the conditions of the proposed contract. These conditions are expressed in particular words that may have different meanings in different circumstances. Therefore to determine whether a particular example or “misinterpretation” is mere sophistry or a type of fraud, the judicial system has to approach each issue on a case-by-case basis. The border between legal and illegal should be determined by precedents and by expectations based on commonly accepted definitions of terms—what people commonly understand by the words and other forms of communication they use. (shrink)

My title is meant to suggest a continuation of the sort of philosophical investigation into the nature of language and modality undertaken in Rudolf Carnap’s Meaning and Necessity and Saul Kripke’s Naming and Necessity. My topic belongs in a class with meaning and naming. It is demonstratives—that is, expressions like ‘that darn cat’ or the pronoun ‘he’ used deictically. A few philosophers deserve particular credit for advancing our understanding of demonstratives and other indexical words. Though Naming and Necessity is (...) concerned with proper names, not demonstratives, it opened wide a window that had remained mostly shut in Meaning and Necessity but that, thanks largely to Kripke, shall forevermore remain unbarred. Understanding of demonstrative semantics grew by a quantum leap in David Kaplan’s remarkable work, especially in his masterpiece “Demonstratives” together with its companion “Afterthoughts.” In contrast to the direct-reference propensities of these two contemporary figures, Gottlob Frege, with his uncompromisingly thoroughgoing intensionalism, shed important light on the workings of demonstratives in “Der Gedanke”—more specifically, in a few brief but insightful remarks from a single paragraph concerning tense and temporal indexicality. (shrink)

The title of this article is ambiguous in the sense that it may direct the attention to either theism as a system of beliefs of persons who are referring to particular facts that serve as external grounds for the foundation of theist beliefs or to theism as a system of beliefs of persons who are convinced of theism’s truth on grounds that are intrinsic to their belief . Traces of both conceptions of theism can be found in Alvin Plantinga’s (...) thesis of the ‘proper basicality’ of religious belief, for instance in the distinction between evidence of the ‘on the basis of …’- type and evidence of the ‘inclination’- type. However, these two types of evidence do only lead to doxastic experience. In order to be warranted with respect to a particular knowledge claim, beliefs must be produced by noetic capacities that function properly, i.e. according to their design plan and in contexts that are appropriate to these capacities. This externalist epistemology exerts its greatest power in the criticism of the ‘evidentialist objection to belief in God’. However, it raises a number of objections with respect to its positive account of theism. When every community of thinkers creates its own relevant set of examples in order to establish criteria of proper basicality, does this not lead to skepticism? And, can doxastic experience not be honoured as a proper response to being called by divine discourse and, correspondingly, be seen as the relational foundation of theist belief? (shrink)

Title in English translation: Metametaphysics - with and without Categories. A comment paper on An Introduction to Metametaphysics by Tuomas Tahko. Ehdotan artikkelissa uutta olevan ja sen muodon välistä erottelua. Erottelun avulla voidaan antaa täsmällinen käsitys ontologisen kategorian käsitteestä ja metafysiikan tutkimuskohteesta. Argumentoin myös, että metafysiikan epistemologiaa ja semantiikkaa sekä metafyysistä selitttämistä pitää lähestyä kategorianäkökulmasta. Artikkeli on kommentti Tuomas Tahkon oppikirjaan An Introduction to Metametaphysics.

English title: Gadamer's interpretation of the Aristotelian Protrepticus. -/- Abstract: The aim of this paper is to present and analyse the main hypotheses of Hans-Georg Gadamer in his 1928 essay Der aristotelische Protreptikos und die entwicklungsgeschichtliche Betrachtung der aristotelischen Ethik, emphasizing the Gadamerian reception of the notions of phrónēsis, hēdonḗ and, to a lesser extent, phýsis. It will be attempted to show that in this early work of Gadamer there is more than a methodological and interpretative debate regarding the (...) Protrepticus and the Aristotelian ethics. Lastly, the paper argues that it is possible to read in the main arguments of this early essay the first intellectual maturation of relevance of Gadamer, expressed in the form of a critical dialogue with his great masters (Paul Natorp, Nicolai Hartmann, Martin Heidegger, Paul Friedländer), departing from the new interpretative possibilities that philology and phenomenology opened to his studies on the ethical-political philosophy of Plato and Aristotle. The theoretical consequences of this early article would have both paved the way of Gadamer’s next theoretical interventions regarding Platonic political philosophy as well as for the future developments of philosophical hermeneutics. /// -/- Resumen: El objetivo de este artículo es presentar y analizar las principales hipótesis de Hans-Georg Gadamer en su ensayo de 1928 Der aristotelische Protreptikos und die entwicklungsgeschichtliche Betrachtung der aristotelischen Ethik, poniendo énfasis en la recuperación gadameriana de las nociones de phrónēsis, hēdonḗ y, en menor medida, phýsis. Se intenta demostrar que en este trabajo temprano de Gadamer hay, en términos metodológicos e interpretativos, más que una discusión con Werner Jaeger con relación al Protréptico y a la ética aristotélica. Finalmente, este artículo sostiene que es posible leer en las principales argumentaciones del ensayo la primera maduración intelectual de relevancia de Gadamer, expresada en forma de diálogo crítico con sus grandes maestros (Paul Natorp, Nicolai Hartmann, Martin Heidegger, Paul Friedländer), a partir de las nuevas posibilidades interpretativas que la filología y fenomenología le abrieron para el estudio de la filosofía ético-política de Platón y Aristóteles. Las consecuencias teóricas de este temprano artículo habrían signado tanto el camino de sus siguientes intervenciones teóricas en tono a la filosofía política platónica como también los futuros desarrollos de la hermenéutica filosófica. (shrink)

English title: Phenomenology of the pólis and torsion of Dasein: dialectic and hermeneutics in the early Gadamerian interpretation of Plato's ethics. Abstract: The aim of this paper is to present and analyse the main hypotheses of Hans-Georg Gadamer in his 1931 book Platos dialektische Ethik. Phänomenologische Interpretationen zum Philebos regarding the notions of pólis, aretḗ, tó agathṓn y Dasein. Then, it will be attempted to show that in this early book of Gadamer is his first relevant philosophical-political work, expressed (...) in the form of a critical dialogue with Martin Heidegger, departing from the new interpretative possibilities that philology and phenomenology opened to Gadamer’s studies on Plato’s philosophy. This early work, moreover, would have laid the foundations for the future developments of philosophical hermeneutics, in particular, regarding the characterization of the dialectical-dialogical structure of understanding and the relationship among éthos, práxis and lógos. -/- /// -/- Resumen: El objetivo de este artículo es presentar y analizar las principales hipótesis de Hans-Georg Gadamer en su libro de 1931 Platos dialektische Ethik. Phänomenologische Interpretationen zum Philebos en relación con las nociones de pólis, aretḗ, tó agathṓn y Dasein. Luego, se intentará demostrar que en este trabajo temprano de Gadamer se formula la primera producción filosófico-política de relevancia del autor, expresada en forma de diálogo crítico con Martin Heidegger, a partir de las nuevas posibilidades interpretativas que la filología y fenomenología le abrieron para el estudio de Platón y su filosofía. Esta obra temprana, además, habría sentado las bases de los futuros desarrollos de la hermenéutica filosófica, en particular, con relación a la caracterización de la estructura dialógico-dialéctica de la comprensión y al vínculo entre éthos, práxis y lógos. (shrink)

In an article titled ‘The end of ubuntu’ recently published in this journal, Bernard Matolino and Wenceslaus Kwindingwi argue that contemporary conditions in (South) Africa are such that there is no justification for appealing to an ethic associated with talk of ‘ubuntu’. They argue that political elites who invoke ubuntu do so in ways that serve nefarious functions, such as unreasonably narrowing discourse about how best to live, while the moral ideals of ubuntu are appropriate only for a bygone, pre-modern (...) age. Since there is nothing ethically promising about ubuntu for today’s society, and since elite appeals to it serve undesirable purposes there, the authors conclude that ubuntu in academic and political circles ‘has reached its end’. In this article, I respond to Matolino and Kwindingwi, contending that, in fact, we should view scholarly enquiry into, and the political application of, ubuntu as projects that are only now properly getting started. (shrink)

English title: The Right to be Punished: On Kant and Hegel's theories of punishment as respect for the criminal -/- The article discusses Kant and Hegel's theories of punishment in light of their broader legal philosophies. The purpose of punishment, and law in general, is to secure mutual freedom and mutual recognition. Punishment is a way of expressing respect for the freedom of the criminal, as well as the freedom of victims and all members of society. Though it might (...) seem odd that imprisoning somebody means respecting their freedom, Hegel famously insists that punishment is a right for the criminal. The article explains how punishment may respect mutual freedom, and defends the claim that this is a necessary condition for just punishment. However, the purpose of re-establishing mutual freedom may possibly be achieved by other methods than punishment. The article discusses the potential of restorative justice processes for expressing the kind of mutual recognition that Hegel ascribes to punishment. Punishment is therefore not necessary for achieving the just purpose that Kant and Hegel ascribe to it. We may thus accept the Kantian-Hegelian framework for the just sanctioning of crime while challenging their more controversial claim that punishment is a categorical imperative. (shrink)

The title of this paper reflects the fact that truthmaking is quite frequently considered to be expressive of realism. What this means, exactly, will become clearer in the course of our discussion, but since we are interested in Armstrong’s work on truthmaking in particular, it is natural to start from a brief discussion of how truthmaking and realism appear to be associated in his work. In this paper, special attention is given to the supposed link between truthmaking and realism, (...) but it is argued that this link should not be taken too seriously, as truthmaking turns out to be, to a large extent, ontologically neutral. Some consequences of this are studied. (shrink)

Title: "A Rose for Emily" ("Een roos voor Emily") Author: William Faulkner Translators: Martijn Boven and Maarten Jansen Original language: English Target language: Dutch -/- William Faulkner's "A Rose for Emily", presented her in a Dutch translation, was first published in 1930, in the April issue of Forum magazine. By 1930, Faulkner had already authored four novels; however, "A Rose for Emily" marked his debut in the short story genre. While not as experimental as his novels The Sound and (...) the Fury and Absalom, Absalom!, it nonetheless incorporates certain characteristic Faulknerian elements, such as an unconventional narrative perspective and a non-linear chronology. Consistent with the majority of Faulkner's oeuvre, this narrative is situated in the fictional Southern setting to which Faulkner gave the name Yoknapatawpha County. -/- [In Dutch: Wiliam Faulkners 'Een roos voor Emily’ (‘A Rose for Emily’) werd voor het eerst gepubliceerd in 1930, in het aprilnummer van het tijdschrift Forum. Faulkner had in 1930 al vier romans op zijn naam staan, maar ‘Een roos voor Emily’ was het eerste korte verhaal dat hij publiceerde. Het is niet zo experimenteel als zijn romans The Sound and the Fury (Het geraas en gebral) en Absalom, Absalom! Desondanks bevat het toch enkele karakteristieke Faulkneriaanse elementen, zoals een ongebruikelijk vertel perspectief en een gefragmenteerde chronologie. Net als het merendeel van Faulkners oeuvre speelt ook dit verhaal zich af in het fictionele Zuiden waar Faulkner de naam Yoknapatawpha County aan gaf."]. (shrink)