This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU.

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti- (...) class='Hi'>Dumping Agreement (ADA). -/- The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

Michael Marder in Dump Philosophy claims that that there has been so much dumping with modern civilization that we now live in a dump, with those parts of our environment not contaminated by dumping, now rare. The growth of the dump is portrayed as the triumph of nihilism, predicted by Nietzsche as the outcome of life denying Neoplatonist metaphysics. Marder’s proposed solution, characterized as “undumping”, is to accept the dump and to promote reinterpretations and informal communities within the (...) dump. It is argued here that Marder provides great insight into our current situation and its causes; however, his proposed solution is too weak. To respond to the situation described, it is argued, it is necessary to distinguish between healthy and unhealthy dumping, or more broadly, healthy and unhealthy participation in nature. To make this distinction, it is necessary see humans as ecosystems and components of ecosystems, including the global ecosystem, as these have been characterized by anti-reductionist ecologists. Ecosystems can be healthy or unhealthy. Dumping and dumps should be identified as problematic outputs when they damage the health of ecosystems. The products of human activity not destined to be consumed or used for further productive activity, can then be identified and judged according to whether they augment or damage ecosystems’ health. Dumping should be severely restricted. This should be associated with making a commitment to life and its value, and living to augment life, developing the social and economic forms and institutions that facilitate living in this way. (shrink)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so (...) in various viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)

Anti-intellectualists about knowledge-how insist that, when an agent S knows how to φ, it is in virtue of some ability, rather than in virtue of any propositional attitudes, S has. Recently, a popular strategy for attacking the anti-intellectualist position proceeds by appealing to cases where an agent is claimed to possess a reliable ability to φ while nonetheless intuitively lacking knowledge-how to φ. John Bengson & Marc Moffett (2009; 2011a; 2011b) and Carlotta Pavese (2015a; 2015b) have embraced precisely (...) this strategy and have thus claimed, for different reasons, that anti-intellectualism is defective on the grounds that possessing the ability to φ is not sufficient for knowing how to φ. We investigate this strategy of argument-by-counterexample to the anti- intellectualist’s sufficiency thesis and show that, at the end of the day, anti-intellectualism remains unscathed. (shrink)

This chapter outlines ways in which Wittgenstein’s opposition to scientism is manifest in his later conception of philosophy and the negative attitude he held toward his times. The chapter tries to make clear how these two areas of Wittgenstein’s thought are connected and reflect an anti-scientistic worldview he held, one intimated in Philosophical Investigations §122. -/- It is argued that the later Wittgenstein’s metaphilosophy is marked out against two scientistic claims in particular. First, the view that the scientific method (...) is superior to all other means of learning or gaining knowledge. Second, the view that scientific knowledge is superior to all other kinds of knowledge and understanding. Wittgenstein’s opposition to these claims is brought out through examining a fundamental aim of his later philosophy, producing the ‘kind of understanding which consists in “seeing connections”’ (PI §122), and his attempts to expose certain philosophical confusions. It is argued that these reflect his antiscientistic worldview. -/- Through discussion of Oswald Spengler’s influence on Wittgenstein, the chapter outlines how Wittgenstein’s opposition to scientism underwrites his negative cultural outlook and how this is connected with the anti-scientistic elements of his later philosophy discussed. The work of Ray Monk (1999; 1990) and Hans-Johann Glock (1996) is instrumental in what follows. (shrink)

Objective: Our study is a cross-sectional study that aims to evaluate the presence and levels of anti-phospholipase A2 receptor (PLA2R) antibodies in healthy volunteers and idiopathic membranous nephropathy (IMN) patients and to assess the relationship between these levels and clinical parameters. -/- Methods: Serum anti-PLA2R antibody levels, complete blood count, urea, creatinine (Kre), total protein,albumin, low-density lipoprotein (LDL)-cholesterol, triglycerides (TG), high-density lipoprotein (HDL)-cholesterol, total cholesterol, C-reactive protein (crp), sedimentation, proteinuria were measured from 71 IMN patients and 48 healthy (...) volunteers. -/- Results: Of the values compared between the two groups, the urea, creatinine, and modified diet renal disease (MDRD) were similar, total protein, albumin, LDL-cholesterol, TG, total cholesterol, HDL-cholesterol, and complete urinalysis protein values were statistically significantly high in the patient group, as expected in nephrotic syndrome (p<0.01). The anti-PLA2Rantibody levels measured using enzyme-linked immunosorbent assay (ELISA) in patient and control groups were found to be negative. The anti-PLA2R level was found to be 0.104 (0.093-0.129) ng/ml in the IMN group, while it was 0.141 (0.117-0.177) ng/ml in the control group (P=0,001). Although the P value was significant, the anti-PLA2R antibody level was found to be high in the control group and was outside the reference range of the kit. -/- Conclusion: There is a need to conduct more sensitive studies with a higher number of patients in order to distinguish between primary and secondary nature and to investigate the presence of anti-PLA2R in IMNpatients, which constitute the majority of nephrotic syndromes in adults. Antibody titer levels were observed to be low and it was revealed that the measurement range of the antibody kit used in the study should be more sensitive. (shrink)

The aim of this thesis is to propose a deflationary approach towards the ontological analysis of physical theories. Such an approach sustains that the development of ontologies for physical theories must be neutral relatively to the debate between realists and anti-realists in philosophy of physics. Mainly, our attention will be oriented towards what we called "quantum domain", which includes the non-relativistic Quantum Mechanics and variants of the Quantum Field Theory. This meta-ontological approach consists in an attempt to provide a (...) methodology for the development of specific ontologies for physical theories. With this aim we suggest the separation between physical phenomena and physical theories on one side, and physical theories and ontologies on the other side. This separation intends to endorse the idea that physical theories can provide all the informative contents required for the development of the ontologies associated with them. The result is a defense of the idea that physical theories can positively contribute for the constitution of the ontologies in physics. Additionally, we present a critical analysis of four different ontological approaches to QM and QFT. Each one of these interpretations deals with a different ontological category (tropes, events and processes). At the end of the thesis we will analyze the concepts of interaction and commutation in QFT in order to exemplify the main lines of the deflationary approach suggested here. (shrink)

Governments often aim to improve children’s wellbeing by targeting the decision-making of their parents. In this paper, I explore this phenomenon, providing an ethical evaluation of the ways in which governments target parental decision-making in the context of anti-poverty policies. I first introduce and motivate the concept of parent-targeted paternalism to categorize such policies. I then investigate whether parent-targeted paternalism is ever pro tanto wrong, arguing that it is when directed at parents who meet a threshold of parental competency. (...) I next explore the factors that affect the degree of pro tanto wrongness of paternalistic anti-poverty policies targeting parents, and provide an account of the conditions under which such policies are on balance permissible, and when they are not. Finally, I illustrate the plausibility and usefulness of my framework by considering a case. (shrink)

In the text the author tries to investigate Wittgenstein’s notions of action, practice and pragmatism in his book On Certainty. An attempt is made to sketch the criterion of Wittgenstein’s analysis of certainty and to define the crucial concepts such as world-picture, practice, certainty and justification. The analysis shows that Wittgenstein applies a specific form of pragmatic solution to the problem of justification, which after all, can and should be called a kind of pragmatismus. This is the subject of the (...) first and the second part of the text. The third part shows the application of this pragmatic theory of justification to Wittgenstein’s refutation of scepticism. The author suggests that his pragmatic analysis of certainty presents an adequate means for the refutation of scepticism. However, his anti-scepticism is situated in the tradition of common sense and ordinary language philosophy and epistemology (Moore, Chisholm, Lehrer, Austin, Grice, Strawson, etc.). In the conclusion the author applies this anti-sceptical solution to the so called rule-following problem (as stated in Kripke’s work) and shows that there are some far reaching consequences of this interpretation of Wittgenstein’s later work to his position on language, learning, ontology and knowledge. (shrink)

Semantic contextualism is often used in order to offer solutions for problems in other branches of philosophy, including epistemology. One of such attempts is epistemic contextualism, according to which the semantic value of the word “knows” changes with the context of its utterance. The aim of this paper is to critically investigate Keith DeRose’s contextualism to see up to what extent does it provide a valid anti-sceptical strategy. I argue that while it can be seen as a good rival (...) for global and Ungerian scepticism, it does not lead to the refutation of other variants of classical scepticism. (shrink)

Elizabeth Anscombe is well-known for her insistence that there are absolutely prohibited actions, though she is somewhat obscure about why this is so. Nonetheless, I contend in this paper that Anscombe is more concerned with the epistemology of absolute prohibitions, and that her thought on connatural moral knowledge – which resembles moral intuition – is key to understanding her thought on moral prohibitions. I shall identify key features of Anscombe’s moral epistemology before turning to investigate its sources, examining the roots (...) of connaturality in Aquinas and comparing it with rationalist ethical intuitionism, which Anscombe differs from in rejecting “good” as a simple, non-natural property. I then develop a two-stage argument about absolute prohibition: The first will be loosely Thomistic, while the second will suggest how Anscombe’s absolute prohibitions can be seen as a continuation of Wittgenstein’s anti-scepticism in On Certainty. I develop an account of absolute prohibitions as a form of Wittgensteinian hinge proposition – they are not the conclusions of deductive arguments, but the foundations for intelligibility in action. (shrink)

Cherry builds the case for rage that boomed in Audre Lorde’s verse and prose. The Case for Rage delivers a systematic vindication of anger’s essential role in anti-racist struggle, where moral and productive anti-racist anger is named ‘Lordean rage’ after the poet, activist and teacher. The book is incredibly timely, offering the thorough investigation of political anger called for following the extensive uptake of the Black Lives Matter movement during the pandemic. The pandemic has, I think, made (...) this book particularly timely for two reasons: first, for starkly revealing (again) which lives are on the front lines and which are least valued, and secondly, for shutting down most of the distractions that could occupy the time and minds of potential allies. With the world (especially of the privileged) at a standstill, those gripped by profound outrage at the murders of George Floyd and Breonna Taylor were starved for ways to divert or subdue their anger. Many anguished about what to do with their rage. Cherry provides the answer. By combining philosophical rigour with accessible prose Cherry appeals to both ‘academic and activist, the philosopher and citizen’ (pp. 7-8), delivering a methodical treatment of anger that is apt to change not just how we think about the emotion but what we do with it. (shrink)

Epistemic theories of truth, such as those presumed to be typical for anti-realism, can be characterised as saying that what is true can be known in principle: p → ◊Kp. However, with statements of the form “p & ¬Kp”, a contradiction arises if they are both true and known. Analysis of the nature of the paradox shows that such statements refute epistemic theories of truth only if the the anti-realist motivation for epistemic theories of truth is not taken (...) into account. The motivation in a link of understandability ans meaningful- ness suggests to change the above principle and to restrict the theory to logically simple sentences, in which case the paradox does not arise. This suggestion also allows to see the deep philosophical problems for anti-realism those counterexamples are pointing at. (shrink)

In this essay, I try to go through the questions and analysis that Judith Butler puts on Althusser’s work—reading fundamentally and almost exclusively the essay on the “Ideological State Apparatus” from 1970, and the relationship she maintains in her reading with the Freud’s concept of repression and the Lacanian “symbolic order”. My central hypothesis is that it is the Foucauldian reading of Freud and Lacan, begun early in 1990 with Gender Trouble, that guides Butler in his interpretation of the Althusserian (...) concept of interpellation understood almost exclusively from the perspective of the “hailing” example that Althusser provides in his essay from 1970. This leads Butler to a reading that I characterize here as biographical—for its obscene reliance on a particular episode in Althusser’s life: the murder of Helène Rytman—and anti-Cartesian, insofar as it attempts reading the ideological readiness of the subject as something beyond the split of the cogito, and materially effected by an ontological repetition. The problem with Judith Butler's concept of repression is its unappealable juridical nature—which is paradoxical for an erudite reader of Michel Foucault—insofar as the agent of repression appears as analogous to the State and therefore it results assimilable with rebellions “melancholic” subjectivity. This conflation of the psychological and the social is conducive to some mass psychologism, which forgets Althusser’s debt to Lacan when elaborating his theory of ideology. I proceed to investigate the origins of this theory in the text “Three Notes on the Theory of Discourses” (1968) and in the recently published Que faire (2018). My tentative conclusion is that there is an idea of supplementary violence (in the Lacanian sense of plus-de-jouir) constitutive of the unconscious in Althusserian theory of ideology that cannot be overlooked, and that is linked to his reading of Freud. (shrink)

Purdue Pharma was being investigated by United States Civil and Criminal compliance agencies for many years and a conclusion has now been reached. Although successful , this author feels that such extremely serious corporate frauds must also punish senior individual executives with long jail sentences -in this case-corporate manslaughter.

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...) war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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This paper explores the legal issues of embargo centering on judicial review of the trade administration. Embargo, one type of trade regulation, has a distinctive nature in that it involves an entire forestall of the importation from foreign countries. It is also distinguished from other tools of trade regulation, including anti-dumping tariffs, countervailing measure on the subsidies since it entangles with other complex considerations of diplomacy, national security, public health, and environmental policy. Therefore discretion from the trade administration, (...) notwithstanding the president, is widely vested in that authority, who are responsible for an enforcement of the individual statute, yet can be evaded from stern control of the judiciary. Aside from the standard of review on substantial issues, judicial review relating with the embargo also entails a myriad of jurisdictional questions between the federal court and the court of international trade. In view of the U.S. role and current escalation of the trade issues in the international community, active engagement of the court as well as harmonization within the international plane need to be furthered along with the development of trade environment. For the export nations including Korea, embargo has a pounding impact on the national economy that also enhances a need for the reasonable administration of justice for the predictability and stability of the exporters. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute settlement mechanics. (...) In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

I investigate syntactic notions of theoretical equivalence between logical theories and a recent objection thereto. I show that this recent criticism of syntactic accounts, as extensionally inadequate, is unwarranted by developing an account which is plausibly extensionally adequate and more philosophically motivated. This is important for recent anti-exceptionalist treatments of logic since syntactic accounts require less theoretical baggage than semantic accounts.

In this work, I discuss the role of Husserl’s phenomenology in Paolo Parrini’s positive philosophy. In the first section, I highlight the presence of both empiricist and constructivist elements in Parrini’s anti-foundationalist and anti-absolutist conception of knowledge. In the second section, I stress Parrini’s acknowledgement of the crucial role of phenomenology in investigating the empirical basis of knowledge, thanks to its analysis of the relationship between form and matter of cognition. In the third section, I point out some (...) lines of development of the phenomenological form of empirical realism as revealed in Parrini’s reflection, through a comparison of Husserl’s genetic phenomenology, Mary Hesse’s network model and the tradition of neutral monism. (shrink)

The paper explores Nietzsche's observations on language in Human, All Too Human I, 11; reflects on the anti-realist position that Nietzsche defends in that aphorism; and focuses on the role she plays in his later investigation on Western culture and its anthropology. As will be argued, Nietzsche's criticism towards common sense realism is consistent with some pragmatist epistemologies developed during the late-nineteenth and early-twentieth century. This treat of " timeliness " does not limit Nietzsche's originality on the topic. (...) In fact, the idea that philosophy can contrast the metaphysical commitment of common sense can be seen as the theoretical tool that allows Nietzsche to operate on the development of European culture and society. (shrink)

The fight against corruption has become increasingly sophisticated and such demands a well-integrated, multidisciplinary strategy. This has necessitated the establishment of anti-corruption institutions, agencies or commissions which invariably have one or more of three functions: investigation and enforcement; corruption prevention; and awareness and education. However in Ghana, despite the existence of anti-corruption institutions, the perception of corruption has steadily increased to overwhelming levels. Why the increase in corruption in the face of these anti-corruption institutions is the (...) subject matter of this study. This study brings to fore the systemic barriers, their frequency of occurrence and magnitude. This study aimed at identifying the challenges that affect the effectiveness of these anti-corruption institutions in Ghana. The study was purposely carried out within anti-corruption institutions in Ghana. A simple random probability sampling was employed in sampling nine (9) anti-corruption institutions in the Ashanti Region of Ghana and questionnaires administered to their administrative heads. Relative importance, frequency and severity equations were used to analyze and rank the challenges affecting the work of these institutions. Lack of political will and inadequate leadership and management with Relative importance Index RII of 0.9778 respectively were the two (2) most critical challenges affecting the effectiveness of anti-corruption institutions in Ghana. Lack of donor initiatives with RII of 0.6667 was considered as the least challenge. The most frequent challenge identified by the anti-corruption agencies was the lack of budget and fiscal autonomy, with an index of 0.8148. In the face of these challenges, the government of Ghana should improve upon its efforts at fighting corruption as it strengthens the various anti-corruption institutions financially and logistically. (shrink)

Are there objective moral truths, i.e. things that are morally right, wrong, good, or bad independently of what anybody thinks about them? To answer this question more and more scholars have recently turned to evidence from psychology, neuroscience, cultural anthropology, and evolutionary biology. This book investigates this novel scientific approach in a comprehensive, empirically-focused, and partly meta-theoretical way. It suggests that while it is possible for the empirical sciences to contribute to the moral realism/anti-realism debate, most arguments that have (...) so far been proposed fail (because they misrepresent, cherry-pick, or overlook the invalidity of (parts of) the available scientific evidence). The book’s main chapters address five prominent science-based arguments for or against the existence of objective moral truths: the argument from moral disagreement, the evolutionary debunking argument, the sentimentalist argument, the presumptive argument, and the projectivist argument. Thomas Pölzler investigates in which sense the underlying empirical hypotheses would have to be true in order for these arguments to work, and then shows how the available scientific evidence fails to support them. Finally, he makes suggestions as to how to test these hypotheses in a more valid way. Moral Reality and the Empirical Sciences is an important contribution to the moral realism/anti-realism debate that will appeal to philosophers and scientists interested in moral psychology and metaethics. (shrink)

I investigate the role of the subject in judgment in Kant, Frege, and Husserl, situating it in the broader and less-often-considered context of their accounts of presentation as well as judgment. Contemporary philosophical usage of “representation” tends to elide the question of what Kant called the constitution of content, because of a reluctance, traced to Frege’s anti-psychologism, to attend to subjectivity. But for Kant and Husserl, anti-psychologism allows for synthesis as the subjective act necessary for both “mere presentation” (...) and judgment. In Begriffshrift, Frege alludes to a significant logical role for the subjective act of judgment, and in later work, traces of this logical role remain in the intensional notions of grasping a thought and judging as acknowledging its truth. But Frege’s anti-psychologism blocks interpreting these subjective notions in term of synthesis. Although similar in certain ways to Frege and equally anti-psychologistic, Husserl’s theory of judgment in the Logical Investigations maintains a role for subjective syntheses for presentations and judgments, and goes beyond Kant in allowing for a kind of objectivity at the level of non-judgment presentations. These two great anti-psychologists at the dawn of the parallel heydays of linguistic and phenomenological analysis are thus differentiated by the fates they assign to the act of synthesis. (shrink)

The Life Worth Living investigates the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Building on decades of activism and scholarship, Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision for an anti-ableist moral future. The introduction and first chapter are available to download here. -/- Table of Contents: Introduction: The Ableist Conflation. Part I: Pain. 1. Theories of Pain. 2. A Phenomenology of Chronic Pain. (...) Part II: Disability. 3. Theories of Disability. 4. A Phenomenology of Multiple Sclerosis. Part III: Ability. 5. Theories of Ability. 6. A Phenomenology of Ability. Conclusion: An Anti-Ableist Future. (shrink)

This article investigates the claim that some truths are fundamentally or really true — and that other truths are not. Such a distinction can help us reconcile radically minimal metaphysical views with the verities of common sense. I develop an understanding of the distinction whereby Fundamentality is not itself a metaphysical distinction, but rather a device that must be presupposed to express metaphysical distinctions. Drawing on recent work by Rayo on anti-Quinean theories of ontological commitments, I formulate a rigourous (...) theory of the notion. In the final sections, I show how this package dovetails with ' interpretationist' theories of meaning to give sober content to thought that some things — perhaps sets, or gerrymandered mereological sums — can be 'postulated into existence'. (shrink)

This article attempts to comprehend the current issues and hurdles that Indian colleges affiliated with Tamil Nadu State Universities encounter when trying to subscribe to a software that detects plagiarism. The study’s goals are to determine whether colleges employ anti-plagiarism software, whether they ensure that their student-given assignments are free of copyright infringement, whether tutors teach about academic misconduct, and what people seem to think of anti-plagiarism software. We surveyed for this study and distributed the questionnaires among college (...) administrators, principals, and librarians. The study respondents are 15.9 per cent principals, 64.2 per cent library professionals, and 19.9 per cent college administrators. The survey study report shows that 70.9 per cent of the majority of the colleges did not subscribe. 41.7 per cent gave the reason it is too expensive, and 30.5 per cent of respondents thought that for their college, it is unnecessary to subscribe. However, nobody has confirmed whether or not all colleges possess access to plagiarism detection software. Thus, according to this investigation, further Indian states must be involved in this research to understand the specific context fully. This report advises the UGC to enforce the requirement that colleges have plagiarism detection software; they either provide colleges additional money to subscribe to such software, or the university must grant free access to the affiliated colleges. (shrink)

Accounts of the nature of unpleasant pain have proliferated over the past decade, but there has been little systematic investigation of which of them can accommodate its badness. This paper is such a study. In its sights are two targets: those who deny the non-instrumental disvalue of pain's unpleasantness; and those who allow it but deny that it can be accommodated by the view—advanced by me and others—that unpleasant pains are interoceptive experiences with evaluative content. Against the former, I (...) argue that pain's unpleasantness does indeed have noninstrumental disvalue; against the latter I argue both that my critics’ own desire-theoretic accounts of pain's unpleasantness cannot accommodate such disvalue, and that my evaluativist view can—either by appealing to “anti-unpleasantness” desires or by exploiting pain's perceptuality. (shrink)

Objective Manic and depressive phases of bipolar disorder (BD) show opposite psychomotor symptoms. Neuronally, these may depend on altered relationships between sensorimotor network (SMN) and subcortical structures. The study aimed to investigate the functional relationships of SMN with substantia nigra (SN) and raphe nuclei (RN) via subcortical-cortical loops, and their alteration in bipolar mania and depression, as characterized by psychomotor excitation and inhibition. -/- Method In this resting-state functional magnetic resonance imaging (fMRI) study on healthy (n = 67) and BD (...) patients (n = 100), (1) functional connectivity (FC) between thalamus and SMN was calculated and correlated with FC from SN or RN to basal ganglia (BG)/thalamus in healthy; (2) using an a-priori-driven approach, thalamus-SMN FC, SN-BG/thalamus FC, and RN-BG/thalamus FC were compared between healthy and BD, focusing on manic (n = 34) and inhibited depressed (n = 21) patients. -/- Results (1) In healthy, the thalamus-SMN FC showed a quadratic correlation with SN-BG/thalamus FC and a linear negative correlation with RN-BG/thalamus FC. Accordingly, the SN-related FC appears to enable the thalamus-SMN coupling, while the RN-related FC affects it favoring anti-correlation. (2) In BD, mania showed an increase in thalamus-SMN FC toward positive values (ie, thalamus-SMN abnormal coupling) paralleled by reduction of RN-BG/thalamus FC. By contrast, inhibited depression showed a decrease in thalamus-SMN FC toward around-zero values (ie, thalamus-SMN disconnection) paralleled by reduction of SN-BG/thalamus FC (and RN-BG/thalamus FC). The results were replicated in independent HC and BD datasets. -/- Conclusions These findings suggest an abnormal relationship of SMN with neurotransmitters-related areas via subcortical-cortical loops in mania and inhibited depression, finally resulting in psychomotor alterations. (shrink)

This paper investigates the political dimension of Fritz Mauthner’s writings in respect to his language critique and his ambivalent relationship to Judaism. Its aim is to oppose the common understanding of Mauthner as a German-nationalist. For doing so, Mauthner’s relation to Judaism is contextualised within his philosophical views on patriotism, mother-tongue, and the formation of social communities. By suggesting an anti-nationalist interpretation of his philosophy, it is argued that participation in a certain linguistic practice can explain what it means (...) to belong to a certain community according to Mauthner. The paper discusses to what extent Mauthner’s writings can be interpreted as anti-nationalist and concludes that he is too contradictory to be understood distinctively as a nationalist or an anti-nationalist. (shrink)

In our paper we investigate a difficulty arising when one tries to reconsiliateessentialis t’s thinking with classification practice in the biological sciences. The article outlinessome varieties of essentialism with particular attention to the version defended by Brian Ellis. Weunderline the basic difference: Ellis thinks that essentialism is not a viable position in biology dueto its incompatibility with biological typology and other essentialists think that these two elementscan be reconciled. However, both parties have in common metaphysical starting point and theylack explicit (...) track of methodological procedures. Methodological inquiry involves less demandingassumptions than metaphysical, and therefore it is justified to analyse abovementioned discrepancy between Ellis and other essentialist in this context. We do it by bottom-up investigation whichfocuses on the practice of taxonomists in the particular field of biology. A case study helps us todiscover four characteristics of biological typology practice: impossibility of algorithmization,relativity, subjectivity and conventionality. These features prove non-realistic and therefore anti-essentialistic character of biological classification. We conclude by saying that any essentialismrelated to the notion of biological kind cannot be regarded as justified by scientific enterprise of creating typologies. (shrink)

The paper investigates the understanding of quantum indistinguishability after quantum information in comparison with the “classical” quantum mechanics based on the separable complex Hilbert space. The two oppositions, correspondingly “distinguishability / indistinguishability” and “classical / quantum”, available implicitly in the concept of quantum indistinguishability can be interpreted as two “missing” bits of classical information, which are to be added after teleportation of quantum information to be restored the initial state unambiguously. That new understanding of quantum indistinguishability is linked to the (...) distinction of classical (Maxwell-Boltzmann) versus quantum (either Fermi-Dirac or Bose-Einstein) statistics. The latter can be generalized to classes of wave functions (“empty” qubits) and represented exhaustively in Hilbert arithmetic therefore connectible to the foundations of mathematics, more precisely, to the interrelations of propositional logic and set theory sharing the structure of Boolean algebra and two anti-isometric copies of Peano arithmetic. (shrink)

The neo-Kantian Hermann Cohen is famously anti-empiricist in that he denies that sensations can make a definable contribution to knowledge. However, in the second edition of Kant’s Theory of Experience (1885), Cohen considers a proposition that contrasts with both his other work and that of his followers: a Kantian who studies scientific claims to truth—and the grounds on which they are made—cannot limit himself to studying mathematics and logical principles, but needs to also investigate underlying presuppositions about the empirical (...) element of science. Due to his subjectivist approach, Cohen argues, Kant not only failed to explain how scientific observation and experiments are possible, but also misconceived the role of the ideas, particularly the idea of a system of nature. (shrink)

In this paper, we aim to show that a study of Gilbert Ryle’s work has much to contribute to the current debate between intellectualism and anti-intellectualism with respect to skill and know-how. According to Ryle, knowing how and skill are distinctive from and do not reduce to knowing that. What is often overlooked is that for Ryle this point is connected to the idea that the distinction between skill and mere habit is a category distinction, or a distinction in (...) form. Criticizing the reading of Ryle presented by Jason Stanley, we argue that once the formal nature of Ryle’s investigation is recognized it becomes clear that his dispositional account is not an instance of reductionist behaviorism, and that his regress argument has a broader target than Stanley appears to recognize. (shrink)

This work investigates intuitions' nature, demonstrating how philosophers can best use them in epistemology. First, the author considers several paradigmatic thought experiments in epistemology that depict the appeal to intuition. He then argues that the nature of thought experiment-generated intuitions is not best explained by an a priori Platonism. Second, the book instead develops and argues for a thin conception of epistemic intuitions. The account maintains that intuition is neither a priori nor a posteriori but multi-dimensional. It is an intentional (...) but non-propositional mental state that is also non-conceptual and non-phenomenal in nature. Moreover, this state is individuated by its progenitor, namely, the relevant thought experiment. Third, the author provides an argument for the evidential status of intuitions based on the correct account of the nature of epistemic intuition. The suggestion is the fitting-ness approach: intuition alone has no epistemic status. Rather, intuition has evidentiary value as long as it fits well with other pieces into a whole, namely, the pertinent thought experiment. Finally, the book addresses the key challenges raised by supporters of anti-centrality, according to which philosophers do not regard intuition as central evidence in philosophy. To that end, the author responds to them, showing that they fail to affect the account of intuition developed in this book. This text appeals to students and researchers working in epistemology. (shrink)

This thesis investigates Habermas's attempt to establish a credible form of universalism in moral and political philosophy by means of the theoretical approach which he terms "discourse ethics." The central question motivating this study is whether Habermas succeeds in this ambition. Discourse ethics specifies a procedure which purports to enable all agents involved in a conflict of interest in which issues of justice are at stake to come to a rational and cooperative resolution. It proposes a position unique among contemporary (...) approaches to justice in the strength and character of its anti-relativist stance: the plurality of human cultures and the situated character of human understanding do not, according to this theory, bar the way to arriving at a minimal form of moral universalism. Although the procedure specified in communicative ethics elucidates only a narrow range of concerns--those pertaining to justice in the strict sense--it aims to do so in a way valid across all human cultures. ;Habermas's strategy for the defence of a species-wide moral universalism is, I argue, both the key feature of his position, and the least well understood. Discussion of discourse ethics to date has focussed almost exclusively on the question of its appropriateness to the context of modern, Western pluralism. An important reason for this focus has been the intricacy of Habermas's argumentative strategy, which links the recent work on discourse ethics to his longstanding project of developing a theory of communicative action. ;The principle aim of this thesis is to clarify Habermas's position by explicating his programme of justification. In so doing, I draw attention to several problems in his approach as a mechanism for cross-cultural conflict adjudication, and endeavour to provide a more perspicuous account of the relation of Habermas's theory to its main philosophical competitors, especially Rawlsian deontology, and contextualism. (shrink)

The contrast between Kant’s moral philosophy and Feder’s is not less crucial than the controversy caused by the Göttingen review of the first Critique. One of main targets of Kant’s moral philosophy was Feder’s view, which can be regarded as Kant's main competitor in the contemporary debate. I thus argue that the background provided by the conflict with Feder shows significant distinctive traits of Kant's view, with regard to three fundamental issues. First, I examine how the project of a pure (...) moral philosophy opposes Feder’s empirical investigation into the will, which is in fact one of the targets of Kant's criticism against universal practical philosophy. Second, a central element of Kant’s anti-eudaemonism, the contrast between happiness and self-contentment, is a rejection of the strongly moralized view of happiness that underlies Feder’s eudaemonism. Finally, I examine Tittel's objection that Kant had provided "only a new formula" of morality and Kant's response, which display a fundamental contrast between Kant’s understanding of the aims of moral theory with Feder’s common-sense conception. (shrink)

The paper aims to establish if Grassmann’s notion of an extensive form involved an epistemological change in the understanding of geometry and of mathematical knowledge. Firstly, it will examine if an ontological shift in geometry is determined by the vectorial representation of extended magnitudes. Giving up homogeneity, and considering geometry as an application of extension theory, Grassmann developed a different notion of a geometrical object, based on abstract constraints concerning the construction of forms rather than on the homogeneity conditions required (...) by the modern version of the theory of proportions. Secondly, Grassmann’s conception of mathematical knowledge will be investigated. Parting from the traditional definition of mathematics as a science of magnitudes, Grassmann considered mathematical forms as particulars rather than universals: the classification of the branches of mathematics was thus based on different operational rules, rather than on empirical criteria of abstraction or on the distinction of different species belonging to a common genus. It will be argued that a different notion of generalization is thus involved, and that the knowledge of mathematical forms relies on the understanding of the rules of generation of the forms themselves. Finally, the paper will analyse if Grassmann’s approach in the first edition of the Ausdehnungslehre should be explained in terms of the notion of purity of method, and if it clashes with Grassmann’s later conventionalism. Although in the second edition the features of the operations are chosen by convention, as it is the case for the anti-commutative property of the multiplication, the choice is oriented by our understanding of the resulting forms: a simplification in the algebraic calculus need not correspond to a simplification in the ‘dimensional’ interpretation of the result of the multiplicative operation. (shrink)

While Cavell is well known for his reinterpretation of the later Wittgenstein, he has never really engaged himself with post-Investigations writings like On Certainty. This collection may, however, seem to undermine the profoundly anti-dogmatic reading of Wittgenstein that Cavell has developed. In addition to apparently arguing against what Cavell calls ‘the truth of skepticism’ – a phrase contested by other Wittgensteinians – On Certainty may seem to justify the rejection of whoever dares to question one’s basic presuppositions. According to (...) On Certainty, or so it seems, the only right response to someone with different certainties is a reproach like ‘Fool!’ or ‘Heretic!’. This article aims to show that On Certainty need not be taken to prove Cavell wrong. It explains that Wittgenstein, in line with the first two parts of The Claim of Reason, does not reject scepticism out of hand but rather questions the sceptic’s self-understanding. Using arguments from Part Three of The Claim, the article moreover argues that a confrontation with divergence calls for self-examination rather than self-righteousness. Precisely because Wittgenstein acknowledges ‘the groundlessness of our believing’ or, in Cavellian terms, ‘the truth of skepticism’, he is not the authoritarian thinker that some have taken him to be. (shrink)

The study investigated principals’ supervisory techniques for combating corruption and the attainment of quality school governance. Two null hypotheses were formulated. The ex-post facto research design was adopted for the study. Census technique was used to draw the entire population of 81 principals from all the public secondary schools in Aba Education Zone of Abia State. Data collection was carried out with the use of a research instrument titled: “Principals’ Supervisory Techniques for Combating Corruption and Attainment of Quality School Governance (...) Questionnaire (PSTCCAQSGQ)”. The instrument was validated by two experts of Test and Measurement in the Department of Educational Foundations, University of Calabar. The reliability value obtained was .88 using Cronbach Alpha technique. One-way analysis of variance was used in testing the null hypotheses at .05 level of significance. Findings revealed that there is a significant influence of principals’ clinical and demonstration techniques of supervision for combating corruption on quality school governance. Based on the findings, it was concluded that school governance should be enhanced with supervisory techniques by principals for the attainment of anti-corruption culture in Aba education zone of Abia State, Nigeria. (shrink)

The paper introduces Vailati’s life and works, investigating Vailati’s education, the relation to Peano and his school, and the interest for pragmatism and modernism. A detailed analysis of Vailati’s scientific and didactic activities, shows that he held, like Peano, a a strong interest for the history of science and a pluralist, anti-dogmatic and anti-foundationalist conception of definitions in mathematics, logic and philosophy of language. Vailati’s understanding of mathematical logic as a form of pragmatism is not a faithful interpretation (...) of Peano’s conception, but it is essential to understand the relations of Peano’s logic with other philosophical traditions and some epistemological aspects of Peano’s perspective, such as the search for a universal language. (shrink)

An important line of response to scepticism appeals to the best explanation. But anti-sceptics have not engaged much with work on explanation in the philosophy of science. I plan to investigate whether plausible assumptions about best explanations really do favour anti-scepticism. I will argue that there are ways of constructing sceptical hypotheses in which the assumptions do favour anti-scepticism, but the size of the support for anti-scepticism is small.

In addition to being a founder of American pragmatism, Charles Sanders Peirce was a scientist and an empiricist. A core aspect of his thoroughgoing empiricism was a mindset that treats all attitudes as revisable. His fallibilism seems to require us to constantly seek out new information, and to not be content holding any beliefs uncritically. At the same time, Peirce often states that common sense has an important role to play in both scientific and vital inquiry, and that there cannot (...) be any “direct profit in going behind common sense.” Our question is the following: alongside a scientific mindset and a commitment to the method of inquiry, where does common sense fit in? Peirce does at times directly address common sense; however, those explicit engagements are relatively infrequent. In this paper, we argue that getting a firm grip on the role of common sense in Peirce’s philosophy requires a three-pronged investigation, targeting his treatment of common sense alongside his more numerous remarks on intuition and instinct. By excavating and developing Peirce’s concepts of instinct and intuition, we show that his respect for common sense coheres with his insistence on the methodological superiority of inquiry. We conclude that Peirce shows us the way to a distinctive epistemic position balancing fallibilism and anti-scepticism, a pragmatist common sense position of considerable interest for contemporary epistemology given current interest in the relation of intuition and reason. (shrink)

In this Part II, I investigate different approaches to the question of what makes imagining different from belief. I find that the sentiment-based approach of David Hume falls short, as does the teleological approach, once advocated by David Velleman. I then consider whether the inferential properties of beliefs and imaginings may differ. Beliefs, I claim, exhibit an anti-symmetric inferential governance over imaginings: they are the background that makes inference from one imagining to the other possible; the reverse is not (...) true, and this allows us to distinguish the two attitudes. I then go on to consider the action theory of imagining and the role that imaginings play in generating emotion. (shrink)

Racial constructionists, anti-naturalists, and anti-realists have challenged users of the biological race concept to provide and defend, from the perspective of biology, biological philosophy, and ethics, a biologically informed concept of race. In this paper, an ontoepistemology of biology is developed. What it is, by this, to be "biological real" and "biologically meaningful" and to represent a "biological natural division" is explained. Early 18th century race concepts are discussed in detail and are shown to be both sensible and (...) not greatly dissimilar to modern concepts. A general biological race concept (GBRC) is developed. It is explained what the GBRC does and does not entail and how this concept unifies the plethora of specific ones, past and present. Other race concepts as developed in the philosophical literature are discussed in relation to the GBRC. The sense in which races are both real and natural is explained. Racial essentialism of the relational sort is shown to be coherent. Next, the GBRC is discussed in relation to anthropological discourse. Traditional human racial classifications are defended from common criticisms: historical incoherence, arbitrariness, cluster discordance, etc. Whether or not these traditional human races could qualify as taxa subspecies – or even species – is considered. It is argued that they could qualify as taxa subspecies by liberal readings of conventional standards. Further, it is pointed out that some species concepts potentially allow certain human populations to be designated as species. It is explained why, by conventional population genetic and statistical standards, genetic differences between major human racial groups are at least moderate. Behavioral genetic differences associated with human races are discussed in general and in specific. The matter of race differences in cognitive ability is briefly considered. Finally, the race concept is defended from various criticisms. First, logical and empirical critiques are dissected. These include: biological scientific, sociological, ontological, onto-epistemological, semantic, and teleological arguments. None are found to have any merit. Second, moral-based arguments are investigated in context to a general ethical frame and are counter-critiqued. Racial inequality, racial nepotism, and the “Racial Worldview" are discussed. What is dubbed the Anti-Racial Worldview is rejected on both empirical and moral grounds. Finally, an area of future investigation – the politics of the destruction of the race concept – is pointed to. (shrink)

Truth pluralists say that the nature of truth varies between domains of discourse: while ordinary descriptive claims or those of the hard sciences might be true in virtue of corresponding to reality, those concerning ethics, mathematics, institutions might be true in some non-representational or “anti-realist” sense. Despite pluralism attracting increasing amounts of attention, the motivations for the view remain underdeveloped. This paper investigates whether pluralism is well-motivated on ontological grounds: that is, on the basis that different discourses are concerned (...) with different kinds of entities. Arguments that draw on six different ontological contrasts are examined: concrete versus abstract entities; mind-independent versus mind-dependent entities; sparse versus merely abundant properties; objective versus projected entities; natural versus non-natural entities; and ontological pluralism. I argue that the additional premises needed to move from such contrasts to truth pluralism are either implausible or unmotivated, often doing little more than to bifurcate the nature of truth when a more theoretically conservative option is available. If there is a compelling motivation for pluralism, I suggest, it’s likely to lie elsewhere. (shrink)

This chapter explores the unifying themes of “the Pittsburgh School” of Sellars, Brandom, and McDowell: a social pragmatist account of intentionality, the rejection of the Myth of the Given, and the partial rehabilitation of Hegel for analytic philosophy. In addition this chapter also discusses three points of disagreement within the Pittsburgh School: whether or not we should posit sense-impressions, whether perceptual intentionality is world-relational, and whether the natural sciences have epistemic authority over other ways of thinking about nature. The chapter (...) concludes with a metaphilosophical concern about the status of a return to Hegel within analytic philosophy. Analytic philosophy follows an anti-Hegelian neo-Kantian institution of a divide between philosophy and the social and natural sciences. Hegel would reject such a divide, since he conceives of philosophy as investigating “shapes of a world” and not just “shapes of consciousness”. In these terms the Pittsburgh School marks a return to Hegel trimmed to suit the needs of analytic philosophy rather than questioning those needs. (shrink)

In his 1935 book Principles of Gestalt Psychology, Kurt Koffka stated that empirical research in perceptual psychology should begin with “a phenomenological analysis,” which in turn would put constraints on the “true theory.” In this paper, I take this statement as a point of departure to investigate in what sense Gestalt psychologists practiced a phenomenological analysis and how they saw it related to theory construction. I will contextualize the perceptual research in Gestalt psychology vis-a-vis Husserlian phenomenology on the one hand (...) and mainstream psychophysics on the other, and I will argue that Gestalt psychologists practiced a form of “frontloading” phenomenology: Instead of requiring experimental subjects to engage in experiential reflections, such reflections were—in a sense—already engrained in the experimental designs used by researchers. This type of phenomenology was decidedly anti-“introspectionist” and as such was compatible with some of Husserl’s basic commitments, while at the same time bearing a surprising resemblance with the methods employed by psychophysicists like E. Boring and S.S. Stevens. This latter point will prompt me to explore what the difference between Gestalt-psychology and psychophysics amounted to. My analysis will reveal some disagreements and misunderstandings, especially with regard to the notions of isomorphism and introspection. (shrink)