The psychology of reasoning uses norms to categorize responses to reasoning tasks as correct or incorrect in order to interpret the responses and compare them across reasoning tasks. This raises the arbitration problem: any number of norms can be used to evaluate the responses to any reasoning task and there doesn’t seem to be a principled way to arbitrate among them. Elqayam and Evans have argued that this problem is insoluble, so they call for the psychology of reasoning to (...) dispense with norms entirely. Alternatively, Stupple and Ball have argued that norms must be used, but the arbitration problem should be solved by favouring norms that are sensitive to the context, constraints, and goals of human reasoning. In this paper, I argue that the design of reasoning tasks requires the selection of norms that are indifferent to the factors that influence human responses to the tasks—which aren’t knowable during the task design phase, before the task has been given to human subjects. Moreover, I argue that the arbitration problem is easily dissolved: any well-designed task will contain instructions that implicitly or explicitly specify a single determinate norm, which specifies what would count as a solution to the task—independently of the context, constraints, and goals of human reasoning. Finally, I argue that discouraging the use of these a priori task norms may impair the design of novel reasoning tasks. (shrink)

The concept of international strategic litigation for the defense of Venezuela is analyzed against the 2018 Guyana lawsuit before the International Court of Justice-ICJ. Evading the agreement in Article IV of the 1966 Geneva Agreement, it attempts to validate the Paris Arbitration Award of 1899, which was rejected by Guyana and Venezuela. The claim is inadmissible because the bilateral ways to resolve the territorial conflict have not been exhausted, the ICJ lacks jurisdiction and the Geneva Agreement is distorted. Scenarios (...) are analyzed for Venezuela to participate or not in the litigation, highlighting the convenience of a peaceful, practical and satisfactory settlement for the Parties. (shrink)

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

We can often achieve together what we could not have achieved on our own. Many times these outcomes and actions will be morally valuable; sometimes they may be of substantial moral value. However, when can we be under an obligation to perform some morally valuable action together with others, or to jointly produce a morally significant outcome? Can there be collective moral obligations, and if so, under what circumstances do we acquire them? These are questions to which philosophers are increasingly (...) turning their attention. It is fair to say that traditional ethical theories cannot give a satisfying answer to the questions, focusing as they do on the actions and attitudes of discreet individual agents. It should also be noted that the debate surrounding collective moral obligations is ongoing and by no means settled. This chapter discusses and compares the different attempts to date to answer the above questions. It proposes a set of meta-criteria—or desiderata— for arbitrating between the various proposals. (shrink)

With twentieth- and twenty-first-century philosophy of science’s unfolding acceptance of the nature of scientific inquiry being value-laden, the persistent worry has been that there are no means for legitimate negotiation of the social or non-epistemic values that enter into science. The rejection of the value-free ideal in science has thereby been coupled with the spectres of indiscriminate relativism and bias in scientific inquiry. I challenge this view in the context of recently expressed concerns regarding Canada's death of evidence controversy. The (...) worry, raised by Stathis Psillos, is that as constructivist accounts of science demoted the previously secure status of evidence for drawing justified conclusions in science, we were left with no rational delineation between the right and wrong values for science. The implication for the death of evidence controversy is that we may have no rational grounds for claiming that the Canadian Government is wrong to interfere with scientific enterprise. But he does offer another avenue for reaching the conclusion that the wrong social values are directing the current stifling of some sectors of Canadian science. Psillos draws from standpoint epistemologies to devise a salient defence of ‘valuing evidence’ as a universalizable social value. That is, government bodies ought to enable scientific research via adequate funding as well as political non-interference. In this paper, I counter that non-epistemic values can be rationally evaluated and that standpoint epistemology’s universalizable standpoint provides an inadequate framework for negotiating social values in science. Regarding, I draw from the evidence-based medicine debate in philosophy of medicine and from feminist empiricist investigations into the science–values relationship in order to make the argument for empirically driven value arbitration. If social values can be rationally chosen in the context of justification, then we can have grounds for charging the Canadian leadership with being ‘at war with science’. I further argue that my recommended empiricist methodology is preferable to Psillos’s search for universalizable perspectives for negotiating social values in science because the latter method permits little more than the trivial conclusion that evidence is valuable to science. (shrink)

Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of two recent (...) cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

In a recent paper, Cheng and Werning (2016) argue that the class of episodic memories constitutes a natural kind. Endorsing the homeostatic property cluster view of natural kinds, they suggest that episodic memories can be characterized by a cluster of properties unified by an underlying neural mechanism for coding sequences of events. Here, I argue that Cheng & Werning’s proposal faces some significant, and potentially insurmountable, difficulties. Two are described as most prominent. First, the proposal fails to satisfy an important (...) normative constraint on natural kind theorizing, not providing the requisite theoretical resources for arbitration between rival taxonomies of memory. Second, the proposal is in a direct tension with a foundational principle of the HPC view: the rejection of essentialism. This has far-reaching consequences, threatening to undermine the coherence of the proposal. (shrink)

There has been a call for a potentially revolutionary change to our existing understanding of the psychological concept of personal identity. Apparently, people can psychologically represent people, including themselves, as multiple individuals at the same time. Here we ask whether the intransitive judgments found in these studies truly reflect the operation of an intransitive concept of personal identity. We manipulate several factors that arbitrate between transitivity and intransitivity and find most support for transitivity: in contrast to prior work, most participants (...) do not make intransitive judgments when there is any reason to favor one individual over another. People change which single individual they personally identify with, depending on which individual competes more strongly or weakly for identity, rather than identifying with both individuals. Even when two individuals are identical and therefore both entitled to be the same person, we find that people make more transitive judgments once they understand the practical commitments of their responses (Experiment 4), and report not being able to actually imagine two perspectives simultaneously when reasoning about the scenario (Experiment 5). In short, we suggest that while people may make intransitive judgments, these do not reflect that they psychologically represent identity in an intransitive manner. (shrink)

This article introduces a strategic decision-game theoretic approach, the Pardoner’s Dilemma, and juxtaposes it with the Prisoner’s Dilemma. Game theory has emerged as a significant approach in the twentieth century for explaining strategic decision-making in numerous arenas, including economics, business, politics, ethics, international relations, biology, law, and war studies. ‘Game theory’ explains how and why players/actors/agents cooperate or conflict to procure their self-interests in a social world. Life is a game, and human, corporate, and artificial intelligent agents are players who (...) play different games to maximise utility or minimise disutility. The Prisoner’s Dilemma is a promising game-theoretic approach that explains strategic decision-making in zero-sum and non-zero-sum games. ‘Strategic decision-making’ means that the outcome does not depend upon the actions of a player but upon all players. There are numerous essential game strategies, including tossing, negotiation, bargaining, balloting, competition, chance, power, and arbitration. Although the Prisoner’s Dilemma is a good game-theoretic approach, it does not allow players to use the key game strategies. In contrast, Pardoner’s Dilemma is a game theoretic approach that not only explains zero-sum and non-zero-sum games but also allows the players to use different game strategies, such as negotiation, bargaining, tossing, chance, balloting, competition, arbitration, and power. The article develops and defends the Pardoner’s Dilemma in the game-theoretic approach as an alternative to the Prisoner’s Dilemma. The article claims that the Pardoner’s Dilemma is a more promising approach than the Prisoner’s Dilemma in the decision-game theoretic framework. By introducing the Pardoner’s Dilemma, the article enhances the scope of decision/game theory in social sciences. (shrink)

Cognitive scientists have revealed systematic errors in human reasoning. There is disagreement about what these errors indicate about human rationality, but one upshot seems clear: human reasoning does not seem to fit traditional views of human rationality. This concern about rationality has made its way through various fields and has recently caught the attention of philosophers. The concern is that if philosophers are prone to systematic errors in reasoning, then the integrity of philosophy would be threatened. In this paper, I (...) present some of the more famous work in cognitive science that has marshaled this concern. Then I present reasons to think that those with training in philosophy will be less prone to certain systematic errors in reasoning. The suggestion is that if philosophers could be shown to be less prone to such errors, then the worries about the integrity of philosophy could be constrained. Then I present evidence that, according to performance on the CRT (Frederick 2005), those who have benefited from training and selection in philosophy are indeed less prone to one kind of systematic error: irrationally arbitrating between intuitive and reflective responses. Nonetheless, philosophers are not entirely immune to this systematic error, and their proclivity for this error is statistically related to their responses to a variety of philosophical questions. So, while the evidence herein puts constraints on the worries about the integrity of philosophy, it by no means eliminates these worries. The conclusion, then, is that the present evidence offers prima facie reasons to ascribe a mitigated privilege to philosophers' ability to rationally arbitrate between intuitive and reflective responses. (shrink)

French translation by G. B. Côté and Roger Lapalme of "A Geneticist's Roadmap to Sanity" (G. B. Côté, 2019) with added bibliography. -/- À voir le monde d’aujourd’hui, on pourrait croire que nous avons perdu la raison. Je veux explorer ici les fondements mêmes de notre existence. Je discuterai brièvement du libre arbitre, de l’éthique, de la religion, de la souffrance, du dualisme cartésien et de l’état de conscience, avec un arrière-plan promulguant l’importance de la physique quantique d’aujourd’hui et de (...) l’intemporel. Pour ce faire, je devrai d’abord établir que le platonisme mathématique est une prémisse essentielle pour qu’un univers (ou même un multivers) prenne forme, et j’introduirai les trois modes d’existence abstrait, virtuel et concret (en philosophie) correspondant respectivement aux concepts d’information, d’énergie et de masse (en physique). Cet article constitue un bref exposé de ma théorie du tout. (shrink)

In mid-2019, the controversy regarding South African runner Caster Semenya’s eligibility to participate in competitions against other female runners culminated in a Court of Arbitration for Sport judgement. Semenya possessed high endogenous testosterone levels (arguably a performance advantage), secondary to a disorder of sexual development. In this commentary, Aristotelean teleology is used to defend the existence of ‘male’ and ‘female’ as discrete categories. It is argued that once the athlete’s sex is established, they should be allowed to compete in (...) the category of their sex without obligatory medical treatment. Indeed, other athletes who possess advantageous genetic or phenotypic traits that fall outside of the human norm have been allowed to compete as humans without restraint. In both cases, if an athlete possesses the essential attributes of being a human or being male or female they should be permitted to compete in those respective categories; athletes’ eligibilities should not be based upon accidental attributes. (shrink)

The paper is about Kant’s moral psychology, a complex analysis and philosophical reflection on the tension of human will as arbitrium sensitivum in acting consistently as ratio essendi. It explores the tension of fallibility of the human will. In Kant’s notion of practical freedom he points to the dynamics of the will—Wille and Willkur—and how it creates tension between choice and culpability. This occurs specifically in the Willkur’s function as the arbiter. I explore the impact of Willkur’s arbitration in (...) self-determination, especially the important call of obedience to the Wille. I conclude with an emphasis on the challenge for Kantian will to operate towards unity which enables the agent to be authentically autonomous. (shrink)

The concept of adaptation is pivotal to modern evolutionary thinking, but it has long been the subject of controversy, especially in respect of the relative roles of selection versus constraints in explaining the traits of organisms. This paper tackles a different problem for the concept of adaptation: its interpretation in light of multilevel selection theory. In particular, I arbitrate a dispute that has broken out between the proponents of rival perspectives on multilevel adaptations. Many experts now say that multilevel and (...) kin selection views are mathematically equivalent to one another—that the mathematical accounting of evolution can be carried out at any hierarchical level one chooses. But what does this formal equivalence imply - are they equivalent in other ways too? I show here that significant conceptual non-equivalence has survived: the two sides commit to different views regarding how much selection has to act at a level before we can call traits at that level adaptations; about whether policing mechanisms are adaptations, and about whether non-organisms can bear adaptations. (shrink)

The question of Spinozist determinism and necessitarianism have been extensively studied by commentators, while the relationship between the notions of divine will and free will still requires elaborate studies. Our article seeks to contribute to such research, by clarifying the analyses of these questions by authors that Spinoza has confronted: Maimonides, as well as other Jewish philosophers, and Leibniz who criticized Spinozist determinism. We will study the consequences of these analyses on two examples that Spinoza gave to refute free will, (...) namely the dream and the situation of Buridan's ass. -/- Résumé: La question du déterminisme spinoziste et du nécessitarisme a été largement étu-diée par les commentateurs, tandis que la relation entre les notions de volonté divine et de libre arbitre nécessite encore des études plus élaborées. Notre article cherche à contribuer à ces recherches, en clarifiant les analyses de ces questions par des auteurs auxquels Spinoza s’est confronté : Maïmonide, ainsi que d’autres philosophes juifs, et Leibniz qui a lui-même critiqué le déterminisme spinoziste. Nous étudierons les conséquences de ces analyses sur deux exemples que Spinoza a donnés pour réfuter le libre arbitre, à savoir le rêve et la situa-tion de l’âne de Buridan. (shrink)

The study investigated conflict management strategies and secondary school teachers’ job effectiveness in Obubra Local Government Area of Cross River State. Six null hypotheses were formulated to guide the study. The study adopted correlational and factorial research designs. Purposive sampling technique was used to select a sample of 222 teachers from a population of 352 secondary school teachers. Conflict Management Strategies Questionnaire (CMSQ) and Secondary School Teachers’ Job Effectiveness Questionnaire (SSTJEQ) were used respectively, as instruments for data collection. The hypotheses (...) were tested at .05 level of significance using Population t-test, Pearson Product Moment Correlation and Multiple Regression analyses. Findings revealed that, teachers’ job effectiveness level in Obubra Local Government Area is significantly high. Findings also revealed that arbitration, dialogue, and effective communication strategies respectively, had a significant relationship with secondary school teachers’ job effectiveness. Smoothing strategy had no significant relationship to secondary school teachers’ job effectiveness. The findings also revealed among others that; the four conflict management strategies (arbitration, dialogue, effective communication and smoothing) had a joint significant influence on secondary school teachers’ job effectiveness. Based on these findings, it was recommended among others that; secondary school principals should not rely totally on one conflict management strategy as the best for all situations, instead they should learn how to use various conflict management strategies, and apply them in any given conflict situation in their schools. (shrink)

Recently, Joshua Greene has argued that we need a metamorality to solve moral problems for which evolution has not prepared us. The metamorality that he proposes is a utilitarian account that he calls deep pragmatism. Deep pragmatism is supposed to arbitrate when the values espoused by different groups clash. To date, no systematic appraisal of this argument for a metamorality exists. We reconstruct Greene’s case for deep pragmatism as a metamorality and consider three lines of objection to it. We argue (...) that, in the end, only one of these objections seriously threatens Greene’s position. Greene has to commit to the nonexistence of moral truth in order for his argument for the need of a metamorality to get off the ground. This, however, leads to a tension in his overall argument for deep pragmatism: ultimately, it casts his rejection of antiutilitarian moral intuitions into doubt. (shrink)

The study investigated administrators’ conflict management strategies utilization and job effectiveness of secondary school teachers in Obubra Local Government Area, Cross River State, Nigeria. Two research questions and null hypotheses were developed to guide the study. The study adopted factorial research design. Census technique was used in selecting the entire population of 464 secondary school teachers in the area. Conflict Management Strategies Utilization Questionnaire (CMSUQ) and Secondary School Teachers’ Job Effectiveness Questionnaire (SSTJEQ) were used respectively, as instruments for data collection. (...) The hypotheses were tested at .05 level of significance using Population t-test, and Multiple Regression analyses. Findings revealed that, teachers’ job effectiveness level in Obubra Local Government Area is significantly high. The findings also revealed among others that; the utilization of the three conflict management strategies (arbitration, dialogue, and effective communication) had a joint significant influence on secondary school teachers’ job effectiveness. Based on these findings, it was recommended among others that; secondary school principal should not rely wholly on one conflict management strategy, instead they should learn how to use various conflict management strategies and apply them based on the nature of conflict. (shrink)

The argument between Jacques Maritain and Charles de Koninck over the primacy of the common good is well known. Yet, even though Mary Keys has carefully arbitrated this debate, it still remains problematic for Alasdair MacIntyre, particularly because of the role rights play in both Maritain and Catholic Social Thought. I examine Keys’ argument and, in addition, Deborah Wallace’s account of MacIntyre’s criticism of rights in Catholic social thought. I argue, in the end, that what Maritain, and in consequence Keys (...) and Wallace, miss about the common good is its relationship to practical reasoning, and that MacIntyre highlights both that relationship and the role of the common good in human dignity. (shrink)

In this paper I discuss five meta-ethical challenges to Naturalistic Moral Realism, which includes secular moral codes such as Secular Humanism that, in my view, naturalists need to address to keep their commitment to moral realism from looking like special pleading. The five challenges are as follows: 1. The Ontological Problem (OP): How do such moral principles exist? 2. The Epistemic Problem (EP): How does our moral sense/intuition track such principles? 3. The Influence Problem (IP): What authority does the existence (...) of such principles have to supervene on our behavior? 4. The Axiological Problem (AP): What entities have moral value and deserve moral consideration? 5. Methodological Problem (MP): How do we go about arbitrating between moral claims when they conflict? (shrink)

Psychological eudaimonism is the view that we are constituted by a desire to avoid the harmful. This entails that coming to see a prospective or actual object of pursuit as harmful to us will unseat our positive evaluative belief about that object. There is more than one way that such an 'unseating' of desire may be caused on an intellectualist picture. This paper arbitrates between two readings of Socrates' 'attack on laziness' in the Meno, with the aim of constructing a (...) model of moral education based on PE's implied moral psychology. In particular, we argue against the view that when we come to see - through prudential reasoning - that our blatant evaluative beliefs and desires disserve eudaimonism, we will no longer perceive their intentional objects as choice-worthy. We suggest, instead, that it is by experiencing shame that we cease to see the intentional objects of our evaluative beliefs and desires as worthy of pursuit. This form of 'hydraulic education' bypasses reason-responsiveness altogether. As such, it only allows for practical norms to be derived from the nature of agency indirectly, namely by enabling the use of discursive practical reasoning. (shrink)

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can (...) maximize the growth of e-commerce. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can (...) maximise the growth of e-commerce. (shrink)

John Dewey's political and educational ideas can offer some guidance in arbitrating the online literacy debate.

It has come to be widely accepted that jus post bellum includes responsibilities to rebuild. Consequently, duties to establish a sustainable peace are increasingly defined in terms of duties to protect and promote international human rights, including duties to effectively investigate human rights violations, to ensure access to effective remedy, and to transform institutional and legal contexts that have facilitated or sustained human abuse. But what are investigations by transitional bodies seeking when they take on these tasks? Often, investigators present (...) themselves as seeking the truth and claim value for their findings based on having produced a better description or explanation than was antecedently available. But is truth worth pursuing for its own sake in transitions from conflict or must it contribute to some other goal to be valuable? In what follows I argue that the value of truth in transitions from conflict lies in the role of truth in ascribing knowledge. The connection between truth and knowledge makes it important to preserve distinctively epistemological grounds for accepting and rejecting claims and narratives. These distinctively epistemological grounds explain how, if it is conceived of as adequate responsiveness to experience, truth is a legitimate and important goal in transitions from violence that is worth pursuing for its own sake. In particular, I argue that there is value in insisting that adequate responsiveness to experience serve as an arbiter in the reception of claims and narratives because when responsiveness to experience plays an arbitral role it becomes possible for bodies such as truth commissions to serve as vehicles by which groups may attain or ascribe knowledge. (shrink)

This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty officials, (...) who are therefore not sufficiently constrained by law. But the paper looks beyond the discretion of petty officials and argues that, in a way, the biggest threat to legality of our age comes from the proliferation of contractual norms, and the increasing diversion of contractual dispute-resolution into arbitration (and other ADR processes). The paper argues that those who rely on the law to recognise contracts should be subjected to an non-excludable jurisdiction of the courts in respect of all questions of law arising under those contracts, including their proper legal meaning. A compulsory arbitration clause, in other words, should be valid only subject to extensive judicial review of the arbitrator’s decisions. It is argued that contractual arbitration (and other ADR) that does not meet this condition is free-riding on the work of courts and professional lawyers, and should be regarded as antisocial – and that this is true even when it does more perfect justice between the parties. (shrink)

En la presente reflexión, se exponen algunos de los efectos jurídicos y procesales derivados de la Declaración Conjunta de Argyle por el Diálogo y la Paz entre Guyana y Venezuela (Declaración Conjunta, en adelante), publicada en San Vicente y Las Granadinas en fecha 14 de diciembre de 2023. Se analizan, de manera sucinta, las implicaciones procesales que la Declaración Conjunta, asumida como elemento material probatorio, genera a favor de la posición jurídica de Venezuela que puede promover, con base a una (...) serie de hechos nuevos de relevante valor y eficacia procesal, tanto la i) la excepción de inadmisibilidad sobrevenida de la demanda judicial que, por el territorio de la Guayana Esequiba, promueve Guyana contra Venezuela, en la Corte Internacional de Justicia (CIJ) dada la impprocedencia de la misma y ii) la excepción de incompetencia sobrevenida de la CIJ para tramitar y decidir el litigio... Los autores dejan enunciado que, conforme a los Principios Generales del Derecho Internacional, concordados al artículo 52 de la Convención de Viena sobre Derecho de los Tratados y con la Declaración Conjunta de Argyle, es jurídicamente factible que Venezuela, conforme a los Principios el procedimiento de los artículos 65 y 66 ejusdem, promueva la nulidad absoluta retroactiva del Tratado Arbitral de Washington de 1897 y, de manera consecuencial, la nulidad absoluta retroactiva, ya reconocida, del Laudo Arbitral de París de 1899 por la coacción y la agresión y la invasión territorial que sirvieron de contexto y pretexto para su aprobación por parte de Venezuela, como medio para tratar de darle aparente legalidad a la ocupación militar ilegal de nuestro territorio Esequibo por parte del Reino Unido. (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)

Analytical philosophy defines mathematics as an extension of logic. This research will restructure the progress in mathematical philosophy made by analytical thinkers like Wittgenstein, Russell, and Frege. We are setting up a new theory of mathematics and arithmetic’s familiar to Wittgenstein’s philosophy of language. The analytical theory proposed here proves that mathematics can be defined with non-logical terms, like numbers, theorems, and operators. We’ll explain the role of the arithmetical operators and geometrical theorems to be foundational in mathematics. Our position (...) states that mathematical operators and theorems are tautologies. Here numbers are arbitrary signs of magnitudes whose meaning is arbitrated by the mathematical operator. We will prove that set theory in mathematics doesn’t form a branch of logic and operators arbitrarily form sets into units. Herein are the foundations of numbers. (shrink)

En la presente reflexión, se exponen algunos de los efectos jurídicos y procesales derivados de la Declaración Conjunta de Argyle por el Diálogo y la Paz entre Guyana y Venezuela (Declaración Conjunta, en adelante), publicada en San Vicente y Las Granadinas en fecha 14 de diciembre de 2023. Se analizan, de manera sucinta, las implicaciones procedimentales que la Declaración Conjunta, asumida como elemento material probatorio, genera a favor de la posición jurídica de Venezuela que puede promover, con base a una (...) serie de hechos nuevos de relevante valor y eficacia procesal, tanto la i) la excepción de inadmisibilidad sobrevenida de la demanda judicial que, por el territorio de la Guayana Esequiba, promueve Guyana contra Venezuela, en la Corte Internacional de Justicia (CIJ) dada la improcedencia de la misma y ii) la excepción de incompetencia sobrevenida de la CIJ para tramitar y decidir el litigio... El autor deja simplemente enunciado que, Generales del Derecho Internacional, concordados al artículo 52 de la CVDT y con la Declaración Conjunta de Argyle, es jurídicamente factible que Venezuela, conforme a los Principios el procedimiento de los artículos 65 y 66 ejusdem, promueva la nulidad absoluta retroactiva del Tratado Arbitral de Washington de 1897 y, de manera consecuencial, la nulidad absoluta retroactiva, ya reconocida, del Laudo Arbitral de París de 1899 por la coacción y la agresión y la invasión territorial que sirvieron de contexto y pretexto para su aprobación por parte de Venezuela, como medio para tratar de darle aparente legalidad a la ocupación militar ilegal de nuestro territorio Esequibo por parte del Reino Unido. (shrink)

Let us denote by ‘methodological normativism’ the thesis that part of the business of philosophical methodology consists in examining or influencing norms understood to determine, at any given time, methods actually used in philosophy. For the value of methodological normativism to be adequately recognized, there should exist a relatively standard “system” in which one evaluates competing views on how, and why, philosophical methods may be reformed. No such system appears to be standardly recognized, and the consequence is an unpalatable prolongation (...) of debates on norms philosophers, as a matter of fact, follow in implementing philosophical methods. I will seek to develop, in what follows, a contextualist principle of arbitrating competing methodological proposals in meta-philosophy using insights well-entrenched in meta-metaphysics. In other words, I seek to discuss a possible way, af f orded by meta-metaphysics, of systematizing methodological normativism. (shrink)

La gravité quantique a nécessité la prise en compte des questions épistémologiques fondamentales, qui peuvent être identifiées en philosophie avec le problème corps-esprit et le problème du libre arbitre . Ces questions ont influencé l'épistémologie de la mécanique quantique sous la forme du « parallélisme psycho-physique » de von Neumann et l'analyse ultérieure de la thèse de Wigner selon laquelle « l'effondrement du paquet d'ondes » se produit dans l'esprit de « l'observateur ». La gravité quantique en cosmologie pose le (...) problème de la liberté de l'expérimentateur de changer les conditions physiques locales, un « observateur » passif. Dans toute théorie qui décrit un seul univers, des questions se posent sur la nature de la causalité au sens philosophique traditionnel. DOI: 10.13140/RG.2.2.15932.87687. (shrink)

Theology used to be the discipline that arbitrated and ‘said’ the truth. Some argued that its methodical engagement had to make it a search-driven experimentation with an inductive outlook intended at tracking truth through practice and praise, in short conversion. The empirico-formal sciences have sought canonical norms of knowledge away from any regimentation. Neopositivism had for a time entertained a fact-derived language and, as such, it banned metaphor as mingling problems by perpetuating the belief in entirely theoretical knowledge-terms. Here we (...) aim at putting together an examination of some of the reasons why a pluralistic epistemology has come to be adopted, and an attempt at finding pluralistic responses to that very idea through interdisciplinary comparison. This is the editors' (M. Fuller & A. Runehov) introduction: Philippe Gagnon asks the interesting question: Does pluralism itself need to be plural? He argues that neo-positivism has for some time now focused on using a fact-derived language, banning metaphoricity. He explores the reasons pluralistic epistemology came to be adopted, and leads us through some important philosophical problems and how they were tackled by different philosophers and in various times. Such philosophical problems or questions concern theories, truth and knowledge. If a theory is considered to be the best one, on which criteria is this judgement made? Might it be better to have several theories that are ex æquo? Gagnon argues that even though ‘pluralism’ is a better term compared to ‘the many’, it does not entirely escape relativism. Hence, he proposes to use ‘plurality’ instead, which does not threaten the unity of truth. After this philosophical exploration, he turns to theology, specifically Trinitarian theology, to implement his findings there. (shrink)

This work aims to spell out clear the tensions manifested by the meeting between the project of a reflexive philosophy and psychoanalysis, from a very specific event: the publication, in 1965, of the thesis De l'interprétation: essai sur Freud by Paul Ricoeur. Our question arises from the fact that psychoanalysis has introduced one of the greatest embarrassments to the philosophies of consciousness, as it established the unconscious psychic as foundation and array of subjectivity. In contrast, Paul Ricoeur strengthens its belonging (...) to the reflective tradition initiated by Husserl, but with a fundamental deviation: in your access to subjectivity, this reflexive philosophy must take the form of a hermeneutics that interprets the signs of man’s existence. Given this, the present study seeks to find out what difficulties, tensions and contributions the reading of Freud offers to hermeneutic project proposed by Ricoeur. The article aims to show how the philosophical reading of Freud allowed Ricoeur to arbitrate the different and sometimes conflicting hermeneutics approaches around the problem of symbol. (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)

A philosophical exploration is presented that considers entities such as atoms, electrons, protons, reasoned (in existing physics theories) by induction, to be other than universal building blocks, but artifacts of a sociological struggle that in elemental description is identical with that of all processes of matter and energy. In a universal context both men and materials, when stressed, struggle to accomplish/maintain the free state. The space occupied by cognition, inferred to be the result of the inequality of spaces, is an (...) integral component of both processes and process interpretation; arbitration space, ubiquitous throughout nature, occurred to a vast number of vastnesses, a manifestation of the existence of time dependent mass/number/amount, is argued to be located to the same judging criteria with which principles are determined for sociological purposes: the processes of mind are determined (excuse the pun) to occur as a free state that is reflectively equal to what is construed by the intellect as universe. Scientifically determined states are not free states. (shrink)

The traditional role of justice is to arbitrate where the good will of people is not enough, if even present, to settle a dispute between the concerned parties. It is a procedural approach that assumes a fractured relationship between those involved. Recognition, at first glance, would not seem to mirror these aspects of justice. Yet recognition is very much a subject of justice these days. The aim of this paper is to question the applicability of justice to the practice of (...) recognition. The methodological orientation of this paper is a Kantian-style critique of the institution of justice, highlighting the limits of its reach and the dangers of overextension. The critique unfolds in the following three steps: 1) There is an immediate appeal to justice as a practice of recognition through its commitment to universality. This allure is shown to be deceptive in providing no prescription for the actual practice of this universality. 2) The interventionist character of justice is designed to address divided relationships. If recognition is only given expression through this channel, then we can only assume division as our starting ground. 3) The outcome of justice in respect to recognition is identification. This identification is left vulnerable to misrecognition itself, creating a cycle of injustice that demands recognition from anew. It seems to be well accepted that recognition is essential to justice, but less clear how to do justice to recognition. This paper is an effort in clarification. (shrink)

Democratic transitions of Eastern countries brought about the need to shifting from eastern into western paradigms. Transitioning into western models of media, more specifically to the public system of broadcasting became a prerequisite for achieving the EU status for Eastern European transitioning countries. It has been twelve years since Albania entered the process of transformation from being a State TV towards becoming a Public Television. The article aims to provide a theoretical framework of public television networks in western countries pointing (...) to the pertaining relationships with their political systems. Using this methodology, the article evaluates the developmental process of RTSH, and traces the evolution of certain fundamental laws to determine that political elites have not put forth any efforts to reform laws to establish self-regulatory instruments and guarantee the media independence as a self regulated institution. Despite international recommendations and internal pressures for change, the practices in the area of public network television services have served the private interest of political parliamentary forces. Using the Hallin and Mancini comparative models for media, we established that efforts towards reformation, the changes of Albanian public television are not guided towards a liberal democratic model; instead they resemble a Mediterranean or polarized system. Political arbitration in choosing key institutions that ensure self regulation and the direction of public service broadcasting reflects similarities with the Italian model of Lottizzazione.However, the design of hybrid laws whose structures and functions do not serve public interests, but instead ensure the interest of political elites, is not a formula that guarantees public service broadcasting. By choosing to pursue the old trend of TVSH’s broadcasting methods, politics is channeling the future of public service broadcasting towards a polarizing model. The approach that would allow a liberalization of Public Service Broadcasting, demands a political emancipation and consensus on this particular issue. For now, the sings of consensus are nowhere to be seen, and as such the fate of public service broadcasting remains in a pending status. One of the main consequences in this process, remains the under informed public that is a vital element in a viable democracy. In this case, society becomes the victim of an autocratic system, perpetually stuck in a vicious cycle against democratic interest. (shrink)

Review of: Husain Sarkar. A Theory of Method. xvii+ 229 pp., bibl., indexes. Berkeley/Los Angeles/London: University of California Press, 1983. $29.95. The subject of this book is best stated in the author's words: "A theory is about the world; a method is about theories; and, a theory of method is about methods" (p. 1). A theory of method seeks to offer a general framework within which to choose among methods. Through critical examination of the positions of Karl Popper, Imre Lakatos, (...) and Larry Laudan, Sarkar develops his own framework for evaluating methods, which includes two bold proposals: that the history of science cannot be used as an arbitrator among methods, and that methods should be chosen by testing the heuristic advice they give about which lines of scientific research to pursue further. (shrink)

Sometimes, realizing an ethically desirable outcome X will generate disutility for some whose very cooperation is necessary to realizing X, either in the form of material or social costs, or the abnegation of some of their values or personal principles. How does one gain their assent? Seeing one's way through such cases may hinge on one’s ability to make plausible first-pass predictions of how others will react to one’s interventions with them. In other words, one should know not simply the (...) warrant of one’s reasons in favor of X, but also how such reasons will be received when issued forth in one’s voice and from one's person. I call this me-knowledge— knowing the ‘me’ as seen from the perspective of a particular other. Drawing on classical Chinese sources, I argue that such knowledge is crucial to enhance one's efficacy in the world. (shrink)

-/- [Posted here is article as originally published (same title) in ALSA Forum VI (1982) pp. 1-17 plus rebuttal by Thomas D. Barton, pp. 18-22].

Dans 'Godel’s Way', trois éminents scientifiques discutent de questions telles que l’indécidabilité, l’incomplétude, le hasard, la calculabilité et la paraconsistence. J’aborde ces questions du point de vue de Wittgensteinian selon lesquelles il y a deux questions fondamentales qui ont des solutions complètement différentes. Il y a les questions scientifiques ou empiriques, qui sont des faits sur le monde qui doivent être étudiés de manière observationnelle et philosophique quant à la façon dont le langage peut être utilisé intelligiblement (qui incluent certaines (...) questions en mathématiques et en logique), qui doivent être décidés en regardant un comment nous utilisons réellement des mots dans des contextes particuliers. Lorsque nous obtenons clair sur le jeu de langue que nous jouons, ces sujets sont considérés comme des questions scientifiques et mathématiques ordinaires comme les autres. Les idées de Wittgenstein ont rarement été égalées et jamais dépassées et sont aussi pertinentes aujourd’hui qu’elles l’étaient il y a 80 ans lorsqu’il a dicté les Livres Bleus et Brown. Malgré ses défauts, vraiment une série de notes plutôt qu’un livre fini, c’est une source unique du travail de ces trois savants célèbres qui travaillent aux confins de la physique, des mathématiques et de la philosophie depuis plus d’un demi-siècle. Da Costa et Doria sont cités par Wolpert (voir ci-dessous ou mes articles sur Wolpert et mon examen de Yanofsky 'The Outer Limits of Reason') depuis qu’ils ont écrit sur le calcul universel, et parmi ses nombreuses réalisations, Da Costa est un pionnier dans la paraconsistence. -/- Ceux qui souhaitent un cadre complet à jour pour le comportement humain de la vue moderne de deux système peuvent consulter mon livre 'The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle' 2nd ed (2019). Ceux qui s’intéressent à plus de mes écrits peuvent voir «Talking Monkeys --Philosophie, Psychologie, Science, Religion et Politique sur une planète condamnée --Articles et revues 2006-2019 » 3e ed (2019) et Suicidal Utopian Delusions in the 21st Century 4th ed (2019) et autres. (shrink)

Dernier Sermon de l’Église du naturalisme fondamentaliste par le pasteur Hofstadter. Comme son travail beaucoup plus célèbre (ou infâme pour ses erreurs philosophiques implacables) Godel, Escher, Bach, il a une plausibilité superficielle, mais si l’on comprend que c’est le scientisme rampant qui mélange les vrais problèmes scientifiques avec les questions philosophiques (c’est-à-dire, les seules vraies questions sont ce que les jeux linguistiques que nous devrions jouer), alors presque tout son intérêt disparaît. Je fournis un cadre d’analyse basé sur la psychologie (...) évolutive et le travail de Wittgenstein (depuis mis à jour dans mes écrits plus récents). Ceux qui souhaitent un cadre complet à jour pour le comportement humain de la vue moderne de deux systemes peuvent consulter mon livre 'The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle' 2nd ed (2019). Ceux qui s’intéressent à plus de mes écrits peuvent voir «Talking Monkeys --Philosophie, Psychologie, Science, Religion et Politique sur une planète condamnée --Articles et revues 2006-2019 3e ed (2019) et Suicidal Utopian Delusions in the 21st Century 4th ed (2019) et autres. (shrink)