Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...) its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)

This article addresses the question of how ‘Country of Origin Information’ reports—that is, research developed and used to support decision-making in the asylum process—can be published in an ethical manner. The article focuses on the risk that published COI reports could be misused and thereby harm the subjects of the reports and/or those involved in their development. It supports a situational approach to assessing data ethics when publishing COI reports, whereby COI service providers must weigh up the benefits and (...) harms of publication based, inter alia, on the foreseeability and probability of harm due to potential misuse of the research, the public good nature of the research, and the need to balance the rights and duties of the various actors in the asylum process, including asylum seekers themselves. Although this article focuses on the specific question of ‘how to publish COI reports in an ethical manner’, it also intends to promote further research on data ethics in the asylum process, particularly in relation to refugees, where more foundational issues should be considered. (shrink)

Marie Oldfield, Pro Bono Economics & Refugee Council. Over half the total applications for asylum the UK receives each year are initially rejected, yet nearly a third of these initial rejections are subsequently overturned on appeal. This process that fails to get decisions right first time imposes significant costs, not just on the applicants themselves, but also more widely on UK taxpayers. Asylum seekers are not entitled to welfare benefits nor employment except in some limited cases, and are (...) often placed in unsuitable conditions with lack of appropriate support to prepare their case for asylum. These unfortunate circumstances mean that they are unable to gather and present all the required evidence first time, even when the case for asylum is legitimate. As a result, the application is rejected and thus begins a cycle of appeals that might eventually lead to a successful outcome for the asylum seeker but will, in the process, burden the taxpayer with unnecessary administrative cost and cause the asylum seeker needless distress and prevent them from accessing suitable economic opportunities. • Our study estimates that there are approximately 4,000 initial rejections that are successfully appealed each year and, with each appeal incurring direct administrative costs of around £1,000, the price tag of incorrect initial decisions adds up to a hefty £4 million per year in unnecessary administrative costs alone. • There are other costs, too, that negatively impact asylum seekers and taxpayers, albeit in a more indirect manner. The longer the appeals process is dragged out, the more delay there is to successful asylum seekers entering the labour market which means lost economic activity and forgone tax revenue for the Exchequer. Long periods of unemployment also result in skills attrition and lower the probability of the asylum seeker successfully entering the labour market in the future. • A lengthy appeals process heightens stress and worsens mental health in asylum seekers, a group arguably already more vulnerable on this front. Unnecessary human suffering aside, there is also a monetary cost borne by the taxpayer should NHS mental health services become involved. Thus, there is a pressing and viable case for providing asylum seekers a stable environment in which to complete their applications for asylum. This would increase the likelihood of reaching correct decisions in the first instance, avoid unnecessary administrative costs of an arduous appeals process, enable successful asylum seekers to access the labour market and contribute to the Exchequer, and avoid placing extra demands on already strained NHS mental health services. (shrink)

The poem gives a voice to many refugees who died crossing borders and many more asylum seekers who will lose their lives crossing international borders.

Since 2023, the UK government's response to the “migrant crisis” has revolved around two controversial flagship policies: the deportation of asylum seekers to Rwanda, and the detention of migrants aboard a giant barge. In this short article, I examine the colonial and gendered dimensions of the two policies, finding them to be examples of the coloniality of gender. What this indicates, I suggest, is that the purpose of these policies is not merely to deter potential migrants—particularly LGBTQIA+ migrants—but also (...) to create a political narrative that allows the Conservative Party to garner right-wing votes by participating in high-profile culture wars; namely, the debate over transgender rights and the debate over how the UK should reckon with its imperial past. (shrink)

The paper focuses on the issue of truth-telling in non-fictional narratives of (in)justice. Based on examples of rape narratives, domestic abuse narratives, human trafficking narratives and asylum seeker narratives, I examine the various difficulties in telling the truth in such stories, particularly those related to various culturally conditioned ideas of how the world works, which at the same time form the basis of, among other things, legal discourse and officials’ decision-making processes. I will also demonstrate that such culturally (...) conditioned ideas, which are the basis of official discourse, can be considered within the category of both the social imaginary of the just world in the Taylorian sense of the term, and the social master narrative, which in the case of stories of (in)justice is often based on the just world hypothesis. (shrink)

After the outbreak of the Covid-19 pandemic, most states enacted new measures to constrain international mobility. By May 8th, 2020, more than 93% of the world’s population lived in states with special entry bans and more than three billion lived in countries whose borders were almost completely closed to non-citizens. Can such measures be justified? If so, would this undermine the open borders view? This paper examines these questions. It argues, first, that, although short-term entry bans and other similar measures (...) designed to protect public health can be justified, these bans need to be designed with a number of exemptions, in particular, for asylum seekers and refugees. Even in times of pandemic, completely closed borders are indefensible. It argues, second, that although extreme versions of the open borders position may have difficulty accepting this conclusion, other versions of the position can consistently justify special entry restrictions. (shrink)

In answering my undergraduate students’ questions about what I do, I keep coming back to the term structural epistemology. If some students push me further to not hide behind terms, I tell them: I study structures (social, political, and cultural institutions and arrangements)—not all of them at the same time, obviously—and what they do to our knowledge practices (what we know and how we know). And I give some examples: how refugee regimes know “persecution,” I tell them, matters, particularly for (...) asylum seekers. I also tell them that mine is a kind of structural epistemology guided by structural concerns in women of color feminist theories. This essay is a long way of answering the question: What do I do when I do structural epistemology? I consider this question to be an important one not only as part of an effort to rethink what I take myself to be doing in professional philosophy but also as an effort to characterize commitments and strategies I am influenced by and work with as a structural epistemologist. (shrink)

With the rise of populism, European solidarity risks being eroded by a clash of solidarities based on nation and religion. Ranging from hospitality to hostility, ‘refugees welcome’ to ‘close the borders’, asylum seekers from Syria and other war-torn countries test the very ideas upon which the EU was founded: human rights, tolerance and the free movement of people. European solidarity is not only rooted in philosophical ideas of equality and freedom but also in the memory of nationalism, war and (...) violence. The response to refugees seeking asylum into Europe cannot only be resolved by appealing to emotions, moral sentiments and a politics of pity. Disenchantment with government, fear of terrorism and resentment towards foreigners weaken European solidarity at a time when it is needed most. (shrink)

Every day nurses are required to make ethical decisions in the course of caring for their patients. Ethics in Nursing Practice provides the background necessary to understand ethical decision making and its implications for patient care. The authors focus on the individual nurse’s responsibilities, as well as considering the wider issues affecting patients, colleagues and society as a whole. This third edition is fully updated, and takes into account recent changes in ICN position statements, WHO documents, as well as addressing (...) current issues in healthcare, such as providing for the health and care needs of refugees and asylum seekers, bioethics and the enforcement of nursing codes. (shrink)

A -/- abortion and infanticide/ academic freedom/ academics/ action/ act-omission doctrine/ addiction and dependence/ adoption/ advertising/ affirmative action/ age of consent/ age of criminal responsibility/ age of majority/ agent/ aggression/ agriculture/ aid, foreign/ AIDS/ air/ akrasia/ allies/ altruism/ American Civil War (1861-1865)/ American exceptionalism/ American War of Independence (1775–1783)/ anarchic social order/ anarcho-capitalism/ anarchy/ animal rights/ animal welfare/ apartheid/ apathy/ appeasement/ apriorism/ aristocracy/ arms trade/ arms race/ artificial intelligence/ arts and sciences/ assassination/ asset stripping/ asylum seekers/ atomism, social/ Austrian (...) School of economics/ authoritarianism/ authority/ autonomy, intellectual/ axis/ -/- B -/- balance of trade/ balance of power (international)/ banking/ bankruptcy, insolvency, and limited liability/ barriers to entry/ begging/ belief/ betting/ big business/ bigotry/ biodiversity/ bioethics/ black market/ blackmail/ blasphemy/ booms and slumps/ borders, political/ boxing and dangerous sports/ boycott/ bribery/ British Broadcasting Corporation (BBC)/ BSE (Bovine Spongiform Encephalopathy)/ bureaucracy/ business cycles/ . (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of (...) proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

This article was born of memories of minority groups' plights in the United Kingdom some decades ago and illustrates how opinions become entrenched in citizens minds mainly due to what they read in the media at the time. Today in the UK we still have much ethnic minority groups suffering plain -/- discrimination at work and in society at large. UK police spent 8 million pounds between years 2000 and 2008 doing footwork to relieve this injustice. Nothing came of it (...) apart from some minor attempts at improvement. Then in 2008 this guidance-seen in Appendix 1 of this article, was published by ACPO. We now have the ongoing minority discrimination, still more overt than covert and we have the new asylum seekers influx expected from Ukraine. This piece attempts to show how little improvement there has been over half a century and visibly over the past two decades. (shrink)

Migration has, in recent years, been one of the most current topics both in Croatia and worldwide. We have witnessed increased emigration (i.e. out-migration) of Croatian citizens, as well as attempts to cross the Croatian state border by citizens of other countries. This book focuses on migration in the context of the so-called migrant and refugee crisis, which is considered from a philosophical and sociological perspective. Any gender-specific terms, irrespective of the gender in which they are used here, refer equally (...) to both men and women. The book came into being as part of a study conducted by the authors in 2019 among students at the University of Split. This was one of the activities carried out within the project entitled Creating welcoming communities, which was coordinated by the Association "MI" – Split, with the support of the UNHCR’s (United Nations High Commissioner for Refugees) Representation in Croatia. The main objective of the project was to improve the conditions for better integration of asylum seekers at the local and regional level, with a special emphasis on local stakeholders and the community. The objective and activities of the project reflect and anticipate relocation policies and work towards analysing, valorising, and developing recommendations for the preparation of the local community and self-government to provide support. In this regard, we can say that the aim of the project is a contribution of sorts to creating a welcoming atmosphere and better conditions for integration through cooperation with institutions, and especially with the academic community. The project activities were intended to include relevant scientific findings that would enable the interested public to gain a more systematic understanding of the current social situation as well as to promote the idea of the possibilities of achieving a higher integration standard. In the complex social circumstances of today, which require understanding and adaptation, in addition to adequate access to accurate information, it is also crucial to ensure and facilitate the forming of inter-sectoral networks that would respond more readily to existing challenges. This primarily requires knowledge exchange, but also cooperation between different stakeholders such as public institutions, local and state government, civil society organisations, the academic community, media, etc. All these stakeholders play an equally important role in establishing a support network for a multitude of beneficiaries within the integration process. The establishment of a support network for the reception and integration of asylum seekers depends on the support of the local population in the broadest sense. One of the aims of the study was to analyse the relationship between the respondents’ identity features and their attitudes on accepting immigrants and refugees. The structure of the survey is based on the following objectives within which we sought to identify: 1) students’ attitudes on immigration, immigrants, and refugees, 2) the perceived sociodemographic profiles of immigrants and refugees, 3) the eventual presence of social distance towards immigrants and refugees. For the sake of clarity and better presentation, the second and third research objectives are analytically separated from the first one, although, in fact, a connection exists between them. How students perceive migration, immigrants, and refugees plays a role in shaping their attitudes towards them, as well as in potential behaviours reflected in the degree of social distance. From the sociological perspective, identity is seen as the way we perceive ourselves and others, as well as the way we are perceived by others. It involves sameness, similarity and difference concerning various groups of individuals (Abercrombie, Hill & Turner, 2006:190). Identity is associated with the meanings individuals and groups attach to their social reality, resulting in different forms of action. As such, it becomes one of the central political, scientific, and social topics in general. The book is structured in six chapters. Following the introduction, the first chapter presents the theoretical framework on which the conducted research is based. It goes on to elaborate on the concepts significant for a better understanding of the covered topic, in particular the concept of identity, the differences between the concepts of immigrant and refugee, as well as the frameworks of philosophical reflection on migration (the philosophy of politics and ethics). As confirmed both by our study and by numerous others, the discussion on the topic of identity represents an important element in understanding modern migrations. The third and fourth chapters lay out the research methodology, followed by the results and their interpretation. Chapter 5 provides conclusions and recommendations for further research and the establishment of a support network for the reception and integration of asylum seekers. The final chapter includes references to the literature used. (shrink)

Attacks on migrant and refugee entrepreneurs and their properties by South African rivals and ordinary citizens have become a common phenomenon throughout the country, including the city of Cape Town. Business robberies often result in deaths or serious injuries. The Somali Community Board has noted that over 400 Somali refugees, many of them informal traders, were murdered in South Africa between early 2002 and mid-2010. The police are frequently accused by migrants of fomenting or turning a blind eye to xenophobic (...) attacks on their businesses. Meanwhile, the government refuses to acknowledge the existence of xenophobia or the xenophobic rhetoric in many of these attacks, claiming instead that they are simply the actions of criminal elements. Photographs published in the media of the looting of migrant stores do not tend to feature hardened criminals, but ordinary citizens including children in school uniform. -/- Migrant businesses are portrayed by officials, citizens and the media as having a negative impact on the South African economy and undermining the livelihoods of South Africans. The prevalence of such perceptions helps to explain growing xenophobic sentiment against migrants and refugees. Contrary to these popular perceptions, an emerging literature on migrant entrepreneurship is beginning to demonstrate the positive economic contributions of migrants and refugees to the country. This report examines the nature of informal migrant and refugee entrepreneurship in Cape Town and whether or not the negative stereotypes have any validity. It also seeks to examine what economic contributions migrants and refugees make to the local economy. -/- The report is based on the research conducted by the Growing Informal Cities project, a partnership between SAMP/IMRC, the African Centre for Cities at the University of Cape Town, the Gauteng City-Region Observatory (GCRO) and Eduardo Mondlane University in Maputo. A questionnaire was administered to a sample of 518 migrant owners of microenterprises, which had to meet three basic criteria for inclusion: (a) owned by a non-South African; (b) in operation for at least two years; and (c) unregistered with the South African Revenue Services (SARS). Although migrant entrepreneurs are located in most areas of the city, certain areas have particular concentrations of migrant-owned businesses. "e questionnaires were administered in four such areas: Imizamo Yethu, Philippi, Bellville, and Cape Town CBD. Thirty in-depth interviews were also conducted with selected owners of informal micro-enterprises. Two focus group discussions were held in the Cape Town CBD and Philippi respectively. Fifteen key informant interviews were held with various stakeholders in Cape Town to understand the operation and constraints faced by migrants operating in the city’s informal economy. -/- The major findings of the personal profile of the migrant and refugee entrepreneurs were as follows: -/- • The entrepreneurs came from over 20 different countries of which Zimbabwe, Somalia, the Democratic Republic of the Congo (DRC), Nigeria, Malawi, Ethiopia and Cameroon were the most prominent. Just over a third were from other countries in the SADC. The prominence of Zimbabwean entrepreneurs in the Cape Town informal economy is not surprising, given the events in that country over the past decade and a half and resultant mass migration to South Africa. A total of 57% of the entrepreneurs were from other African countries, especially the DRC, Somalia, Nigeria and Ethiopia. "e majority of migrants from these countries (except Nigeria) came to South Africa as refugees. -/- • A third of the entrepreneurs had refugee permits. Of these, nearly 60% came from only three countries: the DRC, Ethiopia and Somalia. A further 31% held asylum-seeker permits. Of these, 32% were Zimbabwean while another 30% came from DRC, Ethiopia and Somalia. Nearly 12% had permanent residence permits while 8% were holders of work permits. Only 7% of the respondents indicated that they did not have official documentation to stay in South Africa. Thus, the majority of migrant entrepreneurs have forced migrants who are entitled to human rights protection under international and South African refugee law. • Very few of the entrepreneurs entered South Africa before 1994. Only 8% arrived in the immediate post-apartheid years. While another 20% came in the period 2000to 2004, the vast majority (70%) came during the last decade. As many as 44% arrived between 2005 and 2009 and a further 27% thereafter. Migration from Zimbabwe, in particular, escalated between 2005 and 2009 as the country plunged deeper into crisis. • Despite the perception that unemployment at home is a driver of migration to South Africa, only 14% of the entrepreneurs were unemployed immediately before leaving for South Africa. Another 19% were students. Twenty-six percent were working in the informal economy in their home countries. -/- .......INCOMPLETE..... (shrink)

Thomas Elsaesser’s recent scholarship has examined the “mind-game film”, a phenomenon in Hollywood that is broadly characterised by multi-platform storytelling, paratextual narrative feedback loops, nonlinear storytelling, and unreliable character perspectives. While “mind-game” or “puzzle” films have become a contentious subject amongst post-cinema scholars concerned with Hollywood storytelling, what is to be said of contemporary European independent cinema? Elsaesser’s timely publication, European Cinema and Continental Philosophy, examines an amalgam of politically inclined European auteurs to resolve this query. Elsaesser concedes that there (...) exists a phenomenological confluence between the mind-game film and contemporary European cinema. For instance, both produce characters afflicted by productive pathologies, designating new socially useful forms of agency and identity. One only needs to consult the amnesiac protagonist M (Markku Peltola) in Aki Kaurismäki’s The Man Without a Past (Mies vailla menneisyyttä, 2002) or, as regards Lars von Trier’s cinema, Beth (Emily Watson) in Breaking the Waves (1996), Selma (Björk) in Dancer in the Dark (2000), “She” (Charlotte Gainsbourg) in Antichrist (2009) or Joe (Charlotte Gainsbourg) in Nymphomaniac (2013) to evince this overlap. However, this book is more concerned with performative self-contradictions, whereby cinema-as-enunciator is put under erasure, thus aggravating the inherent discrepancies troubling Europe today. Elsaesser, indeed, evaluates a growing general disaffection with politics, the rise of populist nationalism and far-right fringe parties, as well as an increasing population of economic migrants, refugees, and asylum seekers. (shrink)

Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes autrement (...) en situation régulière. La France, située en tête de classement en matière d’obligations de quitter le territoire et en fin de classement en matière d’immigration professionnelle, représente un cas d’école parmi les pays de l’Union Européenne. (shrink)

Nous autres réfugiés [We refugees], is the title of a brief but disruptive essay that in January 1943, at 37 years old, Hannah Arendt [1906-1975] published in the American Jewish magazine The Menorah Journal (Arendt, 1943). The article —which has an obvious autobiographical connotation, although how much existential reflection that is positioned from the point of the refugee's point of view cannot be reduced solely to this dimension—was posthumously reprinted in The Jew as Pariah, edited by Ron H. Feldman (1978, (...) pp. 55-56) and on compiled together with forty other texts by the author, written between the 1930s and 1960s, in the edition prepared by Feldman and Jerome Kohn from his The Jewish Writings (2007, pp. 264-274). (shrink)

The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I (...) argue that this policy proposal is not only compatible with the right to asylum, but also supported by moral considerations. Despite some undesirable moral features, a market in asylum facilitates the provision of asylum to those who need it. (shrink)

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

Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed (...) to human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights. (shrink)

This research note argues that political theorists of refuge ought to consider the experiences of refugees after they have received asylum in the Global North. Currently, much of the literature concerning the duties of states towards refugees implicitly adopts a blanket approach, rather than considering how varied identities may affect the remedies available to displaced people. Given the prevalence of racism, xenophobia, and homophobia in the Global North, and the growing norm of dissident persecution in foreign territory, protection is (...) not guaranteed after either territorial or legal admission. This research note considers the case of LGBTQ refugees in order to demonstrate the analytical potential of more inclusive and diverse normative approaches. Taking the origin and extension of harm seriously requires a conceptualization of sanctuary after asylum that accurately reflects the experiences of the displaced. In doing so, questions arise regarding the nature and efficacy of territorial asylum. (shrink)

The current study is conducted to examine the following research questions: 1) What are the differences in the duration of daily and stay visits between people visiting only one coast and those visiting more than one? 2) How are coastal visit constraints associated with the duration of daily and stay visits?

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at (...) stake. I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their (...) education have been lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons (...) "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

An expanded version of the author’s candid, autobiographical “My Philosophical Education”.

In a rather long piece which an exhibition catalog has called „catholic propaganda”(Busch & Maisak, 2013, p. 342), Guido Görres reflected on madness and art, using Kaulbach’s iconic 1835 drawing of asylum inmates (Das Narrenhaus) as pretext. Görres wrote of “this hospital of the human spirit (…), this charnel ground of the living, who like specters roam, wearing on their foreheads the faded and almost illegible traces of their former names.”1(1836, p. 9). Overdramatic prose, but unlikely to strike one (...) as unprecedented. If anything, it has long been customary to exhibit a mix of fascination and revulsion when discussing the institutions which in the past two centuries at the same time sheltered and shattered those deemed mentally ill. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

This paper argues that potential cases of oppression, such as sex trafficking, can sometimes comprise autonomous choices by the trafficked individuals. This issue still divides radical from liberal feminists, with the former wanting to ‘rescue’ the ‘victims’ and the latter insisting that there might be good reasons for ‘hiding from the rescuers.’ This article presents new arguments for the liberal approach and raises two demands: first, help organizations should be run by affected women and be open-minded about whether or not (...) the trafficked individuals should remain in the sex industry. Second, the career choices of trafficked individuals should be expanded by the introduction of an opportunity-extending right to asylum. (shrink)

Ideologies, worldviews, or simply personal theories, often acquire a distorted and pathological character, and become a factor of alienation rather than an epistemic resource and an aid for personal existence. This paper attempts to better define the limits and characteristics of this experience, which we call distorted intellectual beliefs, or general conceptual beliefs (GB), while trying to highlight both its sometimes dramatic background and its personal and social consequences, which are no less potentially deleterious. We believe that such experiences should (...) not be confused tout court with a broader and more complex phenomenon, such as extremism and politico-religious radicalism, but are a specific typology of that broader and multifaceted fact that is self-deception. We hypothesize that the self-deception implicit in experiences of intellectual distortion produces a cognitive dissonance of which the subject is normally, though with varying intensity, aware (or may become aware through honest introspection). The phenomenon occurs in two forms: one is normal (sporadic), the other is exceptional (systematic). The passage from one to the other is a complex process of escalation and de-escalation, on which multiple external and internal variables act. In its ascending path, it essentially coincides with a process of psychological polarization and cognitive "de-pluralization", while its descending phase marks a return to reality and a "re-pluralization", where the subject returns to being what he basically is, namely, an active and tireless meaning seeker. In the central part of the chapter, similarities and differences between processes of deradicalization and phenomena of religious deconversion are analyzed, with reference, among others, to the case of the Austro-Hungarian writer Arthur Koestler. -/- An abridged version of this text has been delivered for the Workshop "Explaining Extreme Belief and Extreme Behavior", September 15-16, 2022, Vrije Universiteit Amsterdam. I am grateful to David Konstan (NYU) for reading and commenting on a first version of this chapter and to Rik Peels (VUA) for his comments and questions during the Workshop. I would also like to thank my bachelor's and master's students at UDG, who discussed these topics at length with during semester 2022-B. (shrink)

For Kant, any authentic moral demands are wholly distinct from the demands of prudence. This has led critics to complain that Kantian moral demands are incompatible with our human nature as happiness-seekers. Kant’s defenders have pointed out, correctly, that Kant can and does assert that it is permissible, at least in principle, to pursue our own happiness. But this response does not eliminate the worry that a life organized around the pursuit of virtue might turn out to be one from (...) which we cannot expect any of this (permissible) happiness. To address this worry, Kant would need to establish that there is a kind of harmony between virtue and our own happiness that can give us confidence that aiming at morality does not require us to abandon our hope for happiness in this life. This paper aims to show that Kant—building on insights from Rousseau that Kant identifies with Cynicism—does offer an account of such a harmony between virtue and worldly happiness. (shrink)

Search in an environment with an uncertain distribution of resources involves a trade-off between exploitation of past discoveries and further exploration. This extends to information foraging, where a knowledge-seeker shifts between reading in depth and studying new domains. To study this decision-making process, we examine the reading choices made by one of the most celebrated scientists of the modern era: Charles Darwin. From the full-text of books listed in his chronologically-organized reading journals, we generate topic models to quantify his (...) local (text-to-text) and global (text-to-past) reading decisions using Kullback-Liebler Divergence, a cognitively-validated, information-theoretic measure of relative surprise. Rather than a pattern of surprise-minimization, corresponding to a pure exploitation strategy, Darwin’s behavior shifts from early exploitation to later exploration, seeking unusually high levels of cognitive surprise relative to previous eras. These shifts, detected by an unsupervised Bayesian model, correlate with major intellectual epochs of his career as identified both by qualitative scholarship and Darwin’s own self-commentary. Our methods allow us to compare his consumption of texts with their publication order. We find Darwin’s consumption more exploratory than the culture’s production, suggesting that underneath gradual societal changes are the explorations of individual synthesis and discovery. Our quantitative methods advance the study of cognitive search through a framework for testing interactions between individual and collective behavior and between short- and long-term consumption choices. This novel application of topic modeling to characterize individual reading complements widespread studies of collective scientific behavior. (shrink)

The Caribbean is a site where multiple cultures, peoples, waysof thinking and acting have come together and where new formsof philosophy are emerging. The promise of Caribbean philoso-phy lays in its ability to give shape to an intellectual tradition which is both true to and beneficial to Caribbean peoples whilesimultaneously being provocative enough to engage wisdom-seekers of various geographies and identities. I argue that onlyby pursuing a “New Dialogic” which engages the philosophicaltraditions of Africans, African Americans, and Native Ameri-cans can (...) we hope to assert a unique philosophy of value toCaribbean peoples and cultures. The highest form of Caribbeanphilosophy thus must be plural and dialogical. Unfortunately,dialogues in philosophy have been typically characterized bya fixation with Europe, and a lack of consideration of otherphilosophical traditions or sources. The “New Dialogic” thatI propose here involves a more dynamic model of dialogue toopen or intensify different and multiple avenues of conceptualelaboration. I provide general guidelines or principles for this“New Dialogic” and demonstrate the extent to which Caribbeanphilosophers can both contribute to the expansion of this projectand be aided by it in their formulations of the field. (shrink)

Man is a seeker by nature. He searches for truth. An ordinary man cannot be indifferent to truth because of the deep quest within him for truth. Gandhi lived his whole life in the perpetual quest for truth. He lived and moved in pursuit of this goal. This pursuit of seeking truth under the banner of philosophical education makes educational philosophizing moral. One can perfect these ideologies of different schools and make philosophizing in education better by placing truth in (...) the center. Thus, an idealist can evolve a realization of truth, a naturalist can bring about the true nature and potentialities of the individual, and pragmatists can rejuvenate the minds with a truth-oriented strategy and existential thinkers can invite truth into them so that they can avoid fear and dread. The Gandhian vision of Satya offers us the key to integral education. Following the footprints of Satya not only satisfies the Gandhian aims for education but it also helps the human person to continue his role on the earth as the seeker of truth. The aim of my research is to explore whether the concept of the truth of Mahatma Gandhi could be used as a platform for philosophical education? Can we take inspiration from Gandhian thoughts so that philosophizing may not engage itself in hermeneutical violence to bring out the truth (of our making) but a hermeneutical ahimsa that lets the truth show itself? Truth for Gandhi was equal to one of his lungs. He spoke the truth, wrote on truth, and exhorted people to be truthful. Gandhi made the concept of truth central to metaphysics, epistemology, morality, and the philosophy of religion. Truth was the guiding principle for Gandhi in all these disciplines. When we bring in truth as the guiding principle in the philosophy of education we envisage an educational community of all truth seekers traveling together in freedom to come to an ever-increasing approximation of truth. Should philosophy stop the pursuit of truth (satya) as Rorty claims? Is communication of truth irrelevant as no truth is ascertainable as skeptics claim? Is the will to communicate truth senseless since truth is an illusion? Do these approaches satisfy the philosophical minds that are after truth? The methodology I pursue in this thesis is an exploratory, analytical, and critical approach. a) Analytical: The basic method to be used is to analyze the existing works and apprehend their significance in the area of education, in particular philosophical education. b) Critical: a critical and comprehensive analysis of the concept of truth is followed in the research to represent the significance of truth in philosophical education. Man cannot be indifferent to truth since there is a longing for truth in the heart of every human being. Hence the need to search for it with all one’s might through success does not come everyone’s way in the same measure. The reason for this is that there are certain factors that impede our search and they even distort our understanding. They are natural limitations of reason, inconsistency of the heart, worldly concerns, and fear of the demand that truth makes. Hence it is necessary to overcome these in the search for truth. In his dealings with others, the human person wishes that the other may communicate his truth and only truth. Gandhian invitation is to be an experimenter with truth. Truth is that all seek and want above everything. No one wishes to compromise on that. When we bring in truth as the guiding principle in the philosophy of education we envisage an educational community of all truth seekers traveling together in freedom to come to an ever-increasing approximation of truth. They are compelled to study and defend truth in a better way when they are confronted. They will be forced to discern the core of truth from its formulations. That is the role of the experimenter with the truth. -/- In this research paper, I attempt to present M. K. Gandhi as an educationist giving emphasis only on his concept of truth. It is a limited approach to Gandhian educational philosophy because when I attend only to the concept of truth I fail to include very many other aspects of his educational philosophy like craft-centered education, teaching methods, education for different sections of society, etc. It also limits me to criticizing Gandhian dislike for the higher education system appropriately. However, the notion of truth is a common platform that could be shared by three important branches of philosophical education, namely the naturalistic, the idealistic, and the pragmatic. (shrink)

In this article, I bring Lacan and Foucault into a conversation to show that both theorized the hysteric subject as the moment of the limit in power, where power fails to subordinate us. Moreover, both thinkers theorized the hysteric as the paradigmatic example of a political subject that not only rebels but radically transforms power structures. Next, I show that Freud's Dora case refers to a psychoanalytic discourse on hysteria, which turned into the master's discourse. Such master's discourse aimed to (...) discipline Dora into the norm of female, bourgeois, and heterosexual subjectivity. However, Dora successfully rebelled against the master's discourse. Finally, I expose that only a collective of hysterics could bring down psychiatric power down in the asylum. (shrink)

This article focuses on the so-called “Area of Freedom, Security and Justice” (ASFJ), namely the policy field of the European Union (EU) that covers judicial and police cooperation, migration and asylum policies and the control of external borders. The article explores how the AFSJ has emerged and how, within it, the relationship between freedom and security has evolved over time and brought about a shift towards a “Security Union”.

From music recommendation to assessment of asylum applications, machine-learning algorithms play a fundamental role in our lives. Naturally, the rise of AI implementation strategies has brought to public attention the ethical risks involved. However, the dominant anti-discrimination discourse, too often preoccupied with identifying particular instances of harmful AIs, has yet to bring clearly into focus the more structural roots of AI-based injustice. This paper addresses the problem of AI-based injustice from a distinctively epistemic angle. More precisely, I argue that (...) the injustice generated by the implementation of AI machines in our societies is, in some paradigmatic cases, also a form of epistemic injustice. With a particular focus on AIs employed as gatekeepers of our epistemic resources, this paper shows how their epistemically conformist behaviour is responsible for the marginalisation and the ostracism of minoritarian perspectives. Because it clarifies key structural flaws and weaknesses of current AI design, this paper helps make headway in critical discussion of current AI technologies. And because it forges new theoretical tools to understand forms of epistemic oppression, this paper also contributes to the advancement of feminist theorisation. (shrink)

While Neo-Aristotelians argue quite plausibly that it is hard to get to eudaemonia if one is wicked, I argue that they fail to show that the seeker of flourishing has a reason to become virtuous (as opposed to morally mediocre).

hroughout medieval Christianity, religious works of art emerged to illustrate the teachings of the Bible for the largely illiterate population. What, then, is the significance of the psychoactive mushrooms hiding in plain sight in the artwork and icons of many European and Middle-Eastern churches? Does Christianity have a psychedelic history? -/- Providing stunning visual evidence from their anthropological journey throughout Europe and the Middle East, including visits to Roslyn Chapel and Chartres Cathedral, authors Julie and Jerry Brown document the role (...) of visionary plants in Christianity. They retrace the pioneering research of R. Gordon Wasson, the famous “sacred mushroom seeker,” on psychedelics in ancient Greece and India, and among the present-day reindeer herders of Siberia and the Mazatecs of Mexico. Challenging Wasson’s legacy, the authors reveal his secret relationship with the Vatican that led to Wasson’s refusal to pursue his hallucinogen theory into the hallowed halls of Christianity. -/- Examining the Bible and the Gnostic Gospels, the authors provide scriptural support to show that sacred mushrooms were the inspiration for Jesus’ revelation of the Kingdom of Heaven and that he was initiated into these mystical practices in Egypt during the Missing Years. They contend that the Trees of Knowledge and of Immortality in Eden were sacred mushrooms. -/- Uncovering the role played by visionary plants in the origins of Judeo-Christianity, the authors invite us to rethink what we know about the life of Jesus and to consider a controversial theory that challenges us to explore these sacred pathways to the divine. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

It is often assumed that the first stage of many classical arguments for theism depends upon some version of the Principle of Sufficient Reason being true. Unfortunately for classical theists, PSR is a controversial thesis that has come under rather severe criticism in the contemporary literature. In this article, I grant for the sake of argument that every version of PSR is false. Thus, I concede with the critics of PSR, that it is possible that there is, at least, one (...) fact that is ontologically brute. I then proffer an epistemological challenge to ontological bruteness. Specifically, I argue that whenever a knowledge seeker, S, perceives some unexplained fact, F, it is never reasonable for S to believe F is ontologically brute. I conclude that, even if PSR is false, it is more reasonable to believe that the key premise in the first stage of classical arguments for theism is true. (shrink)

In July 1759 the French philosopher Andre´ Pierre Le Guay de Prémontval (1716-1764) published in Berlin a diatribe against the excessive and incorrect use of French in the Prussian capital. Far from being a mere guide to linguistic style, the Préservatif contre la corruption de la langue françoise generated a heated debate, attested by an official threat to ban its publication. The personal animosity between Prémontval and the perpetual secretary of the Berlin Academy, Jean Henri Samuel Formey (1711-1797) was amply (...) demonstrated over the pages of the Préservatif, offering a rare insight into the complex web of social and intellectual tensions in mid eighteenth-century Berlin and its Academy of Sciences. At stake were the social status and the philosophical outlook of local Huguenots, compared to that of French philosophers who were granted asylum in Prussia by Frederick II. The debate also concerned the issues of academic freedom in an absolutist regime, the material production and distribution of texts, conduct and etiquette in the Republic of Letters and the formation of group identities in eighteenth-century Germany. Drawing on manuscripts preserved in Berlin, Göttingen and Krakow, this article traces the development of the controversy and the reception of Prémontval’s work by both French- and German- writing authors at the Berlin Academy and beyond its confines. (shrink)

Dâwûd al-Qarisî (Dâvûd al-Karsî) was a versatile and prolific 18th century Ottoman scholar who studied in İstanbul and Egypt and then taught for long years in various centers of learning like Egypt, Cyprus, Karaman, and İstanbul. He held high esteem for Mehmed Efendi of Birgi (Imâm Birgivî/Birgili, d.1573), out of respect for whom, towards the end of his life, Karsî, like Birgivî, occupied himself with teaching in the town of Birgi, where he died in 1756 and was buried next to (...) Birgivî. Better known for his following works on Arabic language and rhetoric and on the prophetic traditions (hadith): Sharḥu uṣûli’l-ḥadîth li’l-Birgivî; Sharḥu’l-Ḳaṣîdati’n-nûniyya (two commentaries, in Arabic and Turkish); Şarḥu’l-Emsileti’l-mukhtalifa fi’ṣ-ṣarf (two commentaries, in Arabic and Turkish); Sharḥu’l-Binâʾ; Sharḥu’l-ʿAvâmil; and Sharḥu İzhâri’l-asrâr, Karsî has actually composed textbooks in quite different fields. Hence the hundreds of manuscript copies of his works in world libraries. Many of his works were also recurrently printed in the Ottoman period. One of the neglected aspects of Karsî is his identity as a logician. Although he authored ambitious and potent works in the field of logic, this aspect of him has not been subject to modern studies. Even his bibliography has not been established so far (with scattered manuscript copies of his works and incomplete catalogue entries). This article primarily and in a long research based on manuscript copies and bibliographic sources, identifies twelve works on logic that Karsî has authored. We have clarified the works that are frequently mistaken for each other, and, especially, have definitively established his authorship of a voluminous commentary on al-Kâtibî’s al-Shamsiyya, of which commentary a second manuscript copy has been identified and described together with the other copy. Next is handled his most famous work of logic, the Sharhu Îsâghûcî, which constitutes an important and assertive ring in the tradition of commentaries on Îsâghûcî. We describe in detail the nine manuscript copies of this work that have been identified in various libraries. The critical text of Karsî’s Sharhu Îsâghûcî, whose composition was finished on 5 March 1745, has been prepared based on the following four manuscripts: (1) MS Kayseri Raşid Efendi Kütüphanesi, No. 857, ff.1v-3v, dated 1746, that is, only one year after the composition of the work; (2) MS Bursa İnebey Yazma Eser Kütüphanesi, Genel, No.794B, ff.96v-114v, dated 1755; (3) MS Millet Kütüphanesi, Ali Emiri Efendi Arapça, No. 1752, ff.48v-58r, dated 1760; (4) MS Beyazıt Yazma Eser Kütüphanesi, Beyazıt, No. 3129, ff.41v-55v, dated 8 March 1772. While preparing the critical text, we have applied the Center for Islamic Studies (İslam Araştırmaları Merkezi, İSAM)’s method of optional text choice. The critical text is preceded by a content analysis. Karsî is well aware of the preceding tradition of commentary on Îsâghûcî, and has composed his own commentary as a ‘simile’ or alternative to the commentary by Mollâ Fanârî which was famous and current in his own day. Karsî’s statement “the commentary in one day and one night” is a reference to Mollâ Fanârî who had stated that he started writing his commentary in the morning and finished it by the evening. Karsî, who spent long years in the Egyptian scholarly and cultural basin, adopted the religious-sciences-centered ‘instrumentalist’ understanding of logic that was dominant in the Egypt-Maghrib region. Therefore, no matter how famous they were, he criticized those theoretical, long, and detailed works of logic which mingled with philosophy; and defended and favored authoring functional and cogent logic texts that were beneficial, in terms of religious sciences, to the seekers of knowledge and the scholars. Therefore, in a manner not frequently encountered in other texts of its kind, he refers to the writings and views of Muhammad b. Yûsuf al-Sanûsî (d.1490), the great representative of this logical school in the Egyptian-Maghrib region. Where there is divergence between the views of the ‘earlier scholars’ (mutaqaddimûn) like Ibn Sînâ and his followers and the ‘later scholars’ (muta’akhkhirûn), i.e., post-Fakhr al-dîn al-Râzî logicians, Karsî is careful to distance himself from partisanship, preferring sometimes the views of the earliers, other times those of the laters. For instance, on the eight conditions proposed for the realization of contradiction, he finds truth to be with al-Fârâbî, who proposed “unity in the predicative attribution” as the single condition for the realization of contradiction. Similarly, on the subject matter of Logic, he tried to reconcile the mutaqaddimûn’s notion of ‘second intelligibles’ with the muta’akhkhirûn’s notion of ‘apprehensional and declarational knowledge,’ suggesting that not much difference exists between the two, on the grounds that both notions are limited to the aspect of ‘known things that lead to the knowledge of unknown things.’ Karsî asserts that established and commonly used metaphors have, according to the verifying scholars, signification by correspondence (dalâlat al-mutâbaqah), adding also that it should not be ignored that such metaphors may change from society to society and from time to time. Karsî also endorses the earlier scholars’ position concerning the impossibility of quiddity (mâhiyya) being composed of two co-extensive parts, and emphasizes that credit should not be given to later scholars’ position who see it possible. According to the verifying scholars (muhaqqîqûn), it is possible to make definition (hadd) by mentioning only difference (fasl), in which case it becomes an imperfect definition (hadd nâqis). He is of the opinion that the definition of the proposition (qadiyya) in al-Taftâzânî’s Tahdhîb is clearer and more complete: “a proposition is an expression that bears the possibility of being true or false”. He states that in the division of proposition according to quantity what is taken into consideration is the subject (mawdû‘) in categorical propositions, and the temporal aspect of the antecedent (muqaddam) in hypothetical propositions. As for the unquantified, indefinite proposition (qadiyya muhmalah), Karsî assumes that if it is not about the problems of the sciences, then it is virtually/potentially a particular proposition (qadiyya juz’iyyah); but if it is about the problems of the sciences, then it is virtually/potentially a universal proposition (qadiyya kulliyyah). This being the general rule about the ambiguous (muhmal) propositions, he nevertheless contends that, because its subject (mawdû‘) is negated, it is preferable to consider a negative ambiguous (sâliba muhmalah) proposition like “human (insân) is not standing” to be a virtually/potentially universal negative (sâliba kulliyyâh) proposition. He states that a disjunctive hypothetical proposition (shartiyya al-munfasila) that is composed of more than two parts/units is only seemingly so, and that in reality it cannot be composed of more than two units. Syllogism (qiyâs), according to Karsî, is the ultimate purpose (al-maqsad al-aqsâ) and the most valuable subject-matter of the science of Logic. For him, the entire range of topics that are handled before this one are only prolegomena to it. This approach of Karsî clearly reveals how much the ‘demonstration (burhân)-centered’ approach of the founding figures of the Muslim tradition of logic like al-Fârâbî and Ibn Sînâ has changed. al-Abharî, in his Îsâghûjî makes no mention of ‘conversion by contradiction’ (‘aks al-naqîd). Therefore, Karsî, too, in his commentary, does not touch upon the issue. However, in his Îsâghûjî al-jadîd Karsî does handle the conversion by contradiction and its rules. Following the method of Îsâghûjî, in his commentary Karsî shortly touches on the four figures (shakl) of conjuctive syllogism (qiyâs iqtirânî) and their conditions, after which he passes to the first figure (shakl), which is considered ‘the balance of the sciences’ (mi‘yâr al-‘ulûm), explaining the four moods (darb) of it. In his Îsâghûjî al-jadîd, however, Karsî handles all the four figures (shakl) with all their related moods (darb), where he speaks of fife moods (darb) of the fourth figure (shakl). The topic of ‘modal propositions’ (al-muwajjahât) and of ‘modal syllogism’ (al-mukhtalitât), both of which do not take place in the Îsâghûjî, are not mentioned by Karsî as well, either in his commentary on Îsâghûjî or in his Îsâghûjî al-jadîd. Karsî proposes that the certainties (yaqîniyyât), of which demonstration (burhân) is made, have seven, not six, divisions. After mentioning (1) axioms/first principles (awwaliyyât), (2) observata/sensuals (mushâhadât), (3) experta/empiricals (mujarrabât), (4) acumenalia (hadthiyyât), (5) testata (mutawâtirât), and (6) instictives (fitriyyât), that is, all the ‘propositions accompanied by their demonstrations,’ Karsî states that these six divisions, which do not need research and reflection (nazar), are called badîhiyyât (self-evidents), and constitute the foundations (usûl) of certainties (yaqîniyyât). As the seventh division he mentions (7) the nazariyyât (theoreticals), which are known via the badîhiyyât, end up in them, and therefore convey certainty (yaqîn). For Karsî, the nazariyyât/theoreticals, which constitute the seventh division of yaqîniyyât/certainties, are too numerous, and constitute the branches (far‘) of yaqîniyyât. Every time the concept of ‘Mughâlata’ (sophistry) comes forth in the traditional sections on the five arts usually appended to logic works, Karsî often gives examples from what he sees as extreme sûfî sayings, lamenting that these expressions are so widespread and held in esteem. He sometimes criticizes these expressions. However, it is observed that he does not reject tasawwuf in toto, but excludes from his criticism the mystical views and approaches of the truth-abiding (ahl al-haqq), shârî‘â-observant (mutasharri‘) leading sufis who have reached to the highest level of karâmah. (shrink)

Its oft I had been asked by students and many of others of the given topic. What I personally felt be its answer, referring obviously standard books, I answered my seekers including also analyzing myself many times just twelve lines of the opening scene, which is in fact, later I thought, is containing a very ‘partial fulfillment’ of the conversation among the witches- perhaps that figures out the destiny of a mortal being, destiny of our tragic hero, full of “profound- (...) mature -complexity of human materialistic nature’’. ( http://philpapers.org/profile/112741 ). (shrink)

I suggest that virtue ethics can learn from Foucault’s critical observations on biopolitics and governmentality, which identify how a good cannot be disassociated from power and freedom. I chart a way through which virtue ethics internalizes this critical point. I argue that this helps address concerns that both virtue ethics and the critical scholarship inspired by Foucault otherwise ignore. I apply virtue ethics to the contexts of refugee arrival, asylum procedure, and immigrant integration in Western Europe; I then see (...) how Foucault’s critical thought provides a counterpoint to virtue ethics; I finally analyze how incorporating that critique allows virtue ethics to make sense of both the context and the stakes involved. (shrink)

In his autobiography The Space within the Heart (1970), the writer Aubrey Menen shares the experiment in self-inquiry he conducted in the 1960s in the Piazza Farnese in Rome. Relying on the reading of two Upaniṣads, he decided to retreat to a room and not abandon the experiment until he had achieved the experience of his true self, the ātman. Employing only intellectual analysis, Menen distances himself, one by one, from all the narratives that make up his empirical identity. In (...) this essay, I propose to interpret his experiment from classical Sāṃkhya philosophy, reading it as a contemporary practice of tattva-abhyāsa that proceeds through a methodic disenchantment and entails a cognitive and emotional nakedness that might be interpreted as the nakedness of prakṛti. This case study raises questions about the application of Sāṃkhya philosophy in contexts other than renunciation and outside of any tradition, as well as on the role that emotions play in the process of the negation (pratiṣedha) of tattva-s, for the latter are not abstract entities, but shape our various empirical identities through emotional knots that the seeker will have to undo in the exercise of coming to affirm their identity as puruṣa. (shrink)

As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception (...) increasingly place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. (shrink)