The theory of document acts is an extension of the more traditional theory of speech acts advanced by Austin and Searle. It is designed to do justice to the ways in which documents can be used to bring about a variety of effects in virtue of the fact that, where speech is evanescent, documents are continuant entities. This means that documents can be preserved in such a way that they can be inspected and modified at successive points (...) in time and grouped together into enduring document complexes. We outline some components of a theory of document acts, and show how it can throw light on certain problems in Searle’s ontology of social reality. (shrink)

As is well known, speech acts such as acts of promising can have ontological consequences. For example an act of promising can give rise to a mutually correlated claim and obligation. Increasingly, speech acts in the narrow sense are being augmented by the use of documents of multiple different sorts. In this paper we analyze the results of this augmenta-tion from the ontological point of view, considering especially the domains of law and com-merce. We show how (...) class='Hi'>document acts are not isolated phenomena, but rather form large and complex systems with other entities, including occurrent entities such as acts of signing and inspecting, as well as speech acts for example of instructing people to sign or complete a doc-ument. The paper concludes with a consideration of some of the special problems associated with the use of digital documents, for example as concerns issues of security and provenance. (shrink)

There are two important ways in which, when dealing with documents, we go beyond the boundaries of linear text. First, by incorporating diagrams into documents, and second, by creating complexes of intermeshed documents which may be extended in space and evolve and grow through time. The thesis of this paper is that such aggregations of documents are today indispensable to practically all complex human achievements from law and finance to orchestral performance and organized warfare. Documents provide for what we can (...) think of as a division of intellectual, instructional, and deontic labour, allowing plans, orders, and obligations to be enmeshed together in a way that often involves the use of diagrammatic elements, as for example in a musical score. (shrink)

This essay is a contribution to social ontology, drawing on the work of John Searle and of Hernando de Soto. At the center of the argument is the proposition advanced by de Soto in his Mystery of Capital to the effect that many of the entities which structure our contemporary social reality are entities which exist in virtue of the fact that there are (paper or digital) documents which support their existence. I here develop de Soto’s argument further, focusing specifically (...) on the ontological problems raised by a family of new types of social phenomena – exemplified most dramatically in the domain of finance for example in the form of what are called ‘structured investment vehicles’ – made possible as a result of the employment of computer technology in entity creation. I address also Searle’s most recent work on social ontology, and conclude with an appendix on the theory of documentality advanced by Maurizio Ferraris. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task of ensuring that the right sorts of information gets to the right sorts of people remains. We argue that the many efforts underway to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations. This in turn requires that the management of information and knowledge within healthcare (...) organizations be combined with models of resources and processes of patient care that are based on a general ontology of social interaction. The Health Level 7 (HL7) is one of several ANSI-accredited Standards Developing Organizations operating in the healthcare arena. HL7 has advanced a widely used messaging standard that enables healthcare applications to exchange clinical and administrative data in digital form. HL7 focuses on the interface requirements of the entire healthcare system and not exclusively on the requirements of one area of healthcare such as pharmacy, medical devices, imaging or insurance transactions. This has inspired the development of a powerful abstract model of patient care called the Reference Information Model (RIM). The present paper begins with an overview of the core classes of the HL7 (Version 3) RIM and a brief discussion of its “actcentered” view of healthcare. Central to this account is what is called the life cycle of events. A clinical action may progress from defined, through planned and ordered, to executed. These modalities of an action are represented as the mood of the act. We then outline the basis of an ontology of organizations, starting from the theory of speech Acts, and apply this ontology to the HL7 RIM. Special attention is given to the sorts of preconditions that must be satisfied for the successful performance of a speech act and to the sorts of entities to which speech acts give rise (e.g. obligations, claims, commitments, etc.). Finally we draw conclusions for the efficient communication and management of medical information and knowledge within and between healthcare organizations, paying special attention to the role that medical documents play in such organizations. (shrink)

There is an internal connection between ecclesiology, the teaching about the Church that we call academic ecclesiology, and mission, which is the inner heart of the Church and becomes visible through different practices. For the Orthodox Church involved in the ecumenical movement, there is a struggle to balance ecclesiology (theology) with ecumenical mission and dialogue (practice) in a divided Christian world. Nevertheless, the recent Synod of Crete (June 2016) addressed some important elements of this struggle. I have in mind, for (...) example, the act to accept the historical name of other non-Orthodox Christian Churches and Confessions that are not in communion with it. Also, this is the first Synod of the Orthodox Churches in modern times at which ecumenical dialogue, especially in the World Council of Churches, is officially affirmed. Because of mission dialogue has to continue, “if we wish never to ‘put an obstacle in the way of the gospel of Christ’ (1 Cor 9:12).” The present paper highlights those statements of the Holy and Great Council which have direct relevance for discussing the relation of ecclesiology and mission. I assert that we should understand firstly the document Relations of the Orthodox Church with the Rest of the of the Christian World and only then reflect upon The Mission of the Orthodox Church in Today’s World (MOCT). Furthermore, I will make some references to the other texts which were central for this conference: The Cape Town Commitment (CTC), Together Towards Life (TTL) and Apostolic Exhortation Evangelii Gaudium (EG). I conclude by exposing briefly my reflections after reading these mission documents and by formulating some agenda points for further work in theology of mission. (shrink)

Attempts to trace a unifying thread of ontological realism extending through 1. my early writings on Frege, Brentano, Husserl, Wittgenstein, Ingarden and (with Kevin Mulligan and Peter Simons) on truthmakers; 2. work on formal theories of the common-sense world, and on mereotopology, fiat objects, geographical categories, and environments (with David Mark, Roberto Casati, Achille Varzi), to 3. current work on applied ontology in biology and medicine, and on the theory of document acts and on the ontology of information (...) artifacts. (shrink)

With the passage and implementation of the “first-to-file” provisions of the America Invents Act of 2011, the U.S. patent system must rely more than ever before on patent documents for its own ontological commitments concerning the existence of claimed kinds of useful objects and processes. This Article provides a comprehensive description of the previously unrecognized function of the patent document in incurring and securing warrants to these ontological commitments, and the respective roles of legal doctrines and practices in the (...) patent system’s ontological project. Among other contributions, the resulting metaphysical account serves to reconcile competing interpretations of the written description requirement that have emerged from the Federal Circuit’s recent jurisprudence, and to explain why the patent system is willing and able to examine, grant and enforce claims reciting theoretical entities. While this Article is entirely descriptive, it concludes by identifying promising normative and prescriptive implications of this work, including the formulation of an appropriate test for the patent-eligibility of software-implemented inventions in the post-Bilski era. (shrink)

Driving licenses, identity cards, passports, boarding passes, credit cards, ATM cards – all of these are examples of credentials. Credentials are documents that play a fundamental role in all modern societies. However, philosophers and social ontologists have not yet addressed the analysis of their nature and function. This paper aims to fill this gap through a review of the essential characteristics of credentials, as documents whose primary purpose is to certify the identity and institutional status of the bearer, for example (...) as being the bearer of specific rights. However, credentials also allow their holders the concrete exercise of their rights, as when exercising a right concretely (e.g., crossing a border) requires the possession of a particular credential. The authors distinguish the different types of credentials and describe their functions and the various kinds of acts that are performable with their aid. (shrink)

Polish translation of "John Searle: From Speech Acts to Social Reality", -/- We provide an overview of Searle's contributions to speech act theory and the ontology of social reality, focusing on his theory of constitutive rules. In early versions of this theory, Searle proposed that all such rules have the form 'X counts as Y in context C' formula – as for example when Barack Obama (X) counts as President of the United States (Y) in the context of US (...) political affairs. Crucially, the X and the Y terms are here identical. A problem arises for this theory for cases involving 'free-standing Y terms', as for example in the case of money in a computerized bank account. Here there is no physical X to which a status function might be attached. We conclude by arguing that Searle's response to this problem creates difficulties for his naturalistic framework. (shrink)

The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between (...) the static documents (or ‘inscriptions’) which form Ferraris’s starting point, and dynamic software processes. The authors argue further that the Ferraris view as applied to legal documents is flawed because of the fact that courts may treat contractual obligations as enduring even in spite of a complete absence of enduring inscriptions. Finally, the authors note that traces in brains, another important family of inscriptions (as Ferraris conceives them), differ significantly from genuinely documentary inscriptions by their lack of public inspectability. (shrink)

Consider a game of blind chess between two chess masters that is recorded in some standard chess notation. The recording is a representation of the game. But what is the game itself? This question is, we believe, central to the entire domain of social ontology. We argue that the recorded game is a special sort of quasi-abstract pattern, something that is: (i) like abstract entities such as numbers or forms, in that it is both nonphysical and nonpsychological; but at the (...) same time, (ii) through its association with specific players and a specific occasion, tied to time and history. We discover other abstract patterns of this sort especially in the domains of law and commerce. This essay draws on the work in social ontology, we of Hernando de Soto and of John Searle to develop an ontology of the social world based on an analysis of the peculiar interdependence between quasi-abstract patterns and their representations in documents of different sorts. (shrink)

Credentials play an important role in all modern societies, but the analysis of their nature and function has thus far been neglected by social philosophers. We present a view according to which the function of credentials is certify the identity and the institutional status (including the rights) of individuals. More importantly, credentials enable rights-holders to exercise their rights, so that for a particular right to be exercisable the right-holder should possess, carry and sometimes show to an authority (or QR code (...) scanner) a document of a specific kind. Driving licenses, identity cards, passports, boarding passes, library passes, credit cards, ATM cards, health insurance cards are all examples of credentials in this sense. Credentials have in every case a bearer, and the bearer should be able to carry them easily on his or her person. Credentials should also be inspectable – not least because credentials can be forged. The authors analyse several historical and contemporary examples of credentials, focusing on the credentials carried by the pilgrims of the Way of Saint James. (shrink)

Part 1 of this exchange consists in a critique by Smith of Searle’s The Construction of Social Reality focusing on Searle’s use of the formula ‘X counts as Y in context C’. Smith argues that this formula works well for social objects such as dollar bills and presidents where the corresponding X terms (pieces of paper, human beings) are easy to identify. In cases such as debts and prices and money in a bank's computers, however, the formula fails, because these (...) are cases of what he calls ‘free-standing Y terms’, since there is here no X which can count as the corresponding Y. In his response in Part 2, Searle argues that Smith’s critique rests on three misunderstandings: 1. in wrongly presupposing that Searle is trying to analyze the nature of what he calls “social objects”, rather than of social facts; 2. in thinking that the counts as formula is intended as a definition, rather than as a mere mnemonic; and 3. in neglecting the naturalism of Searle’s account. (shrink)

John Searle’s The Construction of Social Reality and Hernando de Soto’s The Mystery of Capital shifted the focus of current thought on capital and economic development to the cultural and conceptual ideas that underpin market economies and that are taken for granted in developed nations. This collection of essays assembles 21 philosophers, economists, and political scientists to help readers understand these exciting new theories.

TLP is a remarkable document which continues to seduce some the best minds in philosophy, with new books and articles dealing partly or entirely with it appearing frequently over a century after it was first conceived. The first thing to note is that W later rejected it entirely for reasons he spent the rest of his life explaining. He was doing philosophy (descriptive psychology) as though the mind was a logical mathematical machine that processed facts, and behavior was the (...) result. Thus, long before computers W gave the ultimate statement of what was half a century later to become known as strong AI, CTM (Computational Theory of Mind) and most recently DSM (Dynamic Systems Theory). Eventually, W realized that perception and memory were the raw material acted upon by our innate psychology (EP) and logic and math were some of the results. Being able to say or understand anything presupposed EP and trying to make logic primary leads to incoherence, as is evident throughout TLP (and the explanation for its many bizarre statements-see e.g. Hutto). Even so, one can “understand” TLP in the sense that one can state the confusions he labored under and which most of the world still does. I briefly review Wittgenstein’s work in modern context. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle 59p(2016). For all my articles on Wittgenstein and Searle see my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). (shrink)

In a globalized world it has often been suggested in recent years that the commonwealth is unnecessary and is in conflict with the United Nation as a World Organization. Commonwealth does not conflict in any way with the United Nations but rather it complements the work of the United Nation, as commonwealth States acting together in many fields have helped make the United Nations more effective. Diplomacy comes from the Greek word “diplomacy” denoting a folded document that was used (...) for identification or to conferrer favour privilege. It comprises the procedures and process of negotiating agreements, usually between sovereign States. In its contemporary usage, the word has come to mean different things to different people ranging from foreign policy, international relations, or simple tact. For the purpose of this paper diplomacy here is thought of in terms of negotiation and co-operation, which means something possibly derived from closer contacts and greater understanding. World diplomacy is used here as the condition in which States settle their differences by negotiating rather than force; in which there is active promotion of co-operation between them, and in which there is a scope for the emergence of new international forces without this becoming the occasion of conflict. The Commonwealth of Nations is a voluntary association of independent sovereign State, each responsible for its own policies, consulting and co-operating in the common interest of their peoples and in the promotion of international understanding and World Peace. (shrink)

Every year, the member Churches of the World Council of Churches (WCC) are called to actively participate in the meetings organized in the Week of Prayer for Christian Unity. From my perspective, these moments are an extraordinary opportunity to share in the richness of the Orthodox tradition, which means an act of confession and authentic witness. In the first part, I will present critically the canonical synthesis of the Orthodox, the concept of “Ecumenical Eucharist” and of Lima Liturgy, followed by (...) the recommendations of the Special Commission for Orthodox participation in the WCC regarding confessional and interconfessional common prayer. Then, this article will make a historical presentation of the week of prayer. It is very important to know how this initiative started and how it was accepted at the beginning and over the years. At least in Romania, where we have an Orthodox majority, this week has become a controversial issue produced by those who are against ecumenical dialogue. A special attention is for the actual practice approved by the Romanian Patriarchate. Finally, the article will present the statements of the new Orthodox documents and it will end with some conclusions about this moment of common Christian witness. (shrink)

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...) rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

The emergence of Critical Race Theory marked an important point in the history of racial politics in the legal academy and the broader conversation about race and racism in the United States. More recently, CRT has proven an important analytic tool in the field of education, offering critical perspectives on race, and the causes, consequences and manifestations of race, racism, inequity, and the dynamics of power and privilege in schooling. This groundbreaking anthology is the first to pull together both the (...) foundational writings in the field and more recent scholarship on the cultural and racial politics of schooling. A comprehensive introduction provides an overview of the history and tenets of CRT in education. Each section then seeks to explicate ideological contestation of race in education and to create new, alternative accounts. In so doing, this landmark publication not only documents the progress to date of the CRT movement, it acts to further spur developments in education. (shrink)

In Québec, the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information provides an exception to transparency to most public institutions where public health research is conducted by allowing them to not disclose their uses of personal data. This exceptionalism is ethically problematic due to important concerns and we argue that all those who conduct research should be transparent and accountable for the work they do in the public interest.

Background -/- Retraction is a correction process for the scientific literature that acts as a barrier to the dissemination of articles that have serious faults or misleading data. The purpose of this study was to investigate the characteristics of retracted papers from Kazakhstan. Methods -/- Utilizing data from Retraction Watch, this cross-sectional descriptive analysis documented all retracted papers from Kazakhstan without regard to publication dates. The following data were recorded: publication title, DOI number, number of authors, publication date, retraction (...) date, source, publication type, subject category of publication, collaborating country, and retraction reason. Source index status, Scopus citation value, and Altmetric Attention Score were obtained. Results -/- Following the search, a total of 92 retracted papers were discovered. One duplicate article was excluded, leaving 91 publications for analysis. Most articles were retracted in 2022 (n = 22) and 2018 (n = 19). Among the identified publications, 49 (53.9%) were research articles, 39 (42.9%) were conference papers, 2 (2.2%) were review articles, and 1 (1.1%) was a book chapter. Russia (n = 24) and China (n = 5) were the most collaborative countries in the retracted publications. Fake-biased peer review (n = 38), plagiarism (n = 25), and duplication (n = 14) were the leading causes of retraction. Conclusion -/- The vast majority of the publications were research articles and conference papers. Russia was the leading collaborative country. The most prominent retraction reasons were fake-biased peer review, plagiarism, and duplication. Efforts to raise researchers’ understanding of the grounds for retraction and ethical research techniques are required in Kazakhstan. (shrink)

Much problem solving and learning research in math and science has focused on formal representations. Recently researchers have documented the use of unschooled strategies for solving daily problems -- informal strategies which can be as effective, and sometimes as sophisticated, as school-taught formalisms. Our research focuses on how formal and informal strategies interact in the process of doing and learning mathematics. We found that combining informal and formal strategies is more effective than single strategies. We provide a theoretical account of (...) this multiple strategy effect and have begun to formulate this theory in an ACT-R computer model. We show why students may reach common impasses in the use of written algebra, and how subsequent or concurrent use of informal strategies leads to better problem-solving performance. Formal strategies facilitate computation because of their abstract and syntactic nature; however, abstraction can lead to nonsensical interpretations and conceptual errors. Reapplying the formal strategy will not repair such errors; switching to an informal one may. We explain the multiple strategy effect as a complementary relationship between the computational efficiency of formal strategies and the sense-making function of informal strategies. (shrink)

This study examines from an ethical framework the circumstances of workers who are engaged in non-professional services that are offered through corporations that are organized to serve high volume of costumers. Drawing on the relevant ethical teachings of the Catholic social tradition (CST), it explores some practices, strategies, and policies that could address the problems experienced by many service providers in the United States today. CST refers to a wide variety of documents of the magisterium of the Catholic Church which (...) respond to the changing social and economic challenges of the modern world. The study argues that the primacy of the person, love and subsidiarity, sense of community, and respect for worker’s rights and unionism in CST are not only moral principles that uphold intrinsic human goods, they are likewise instrumental to operational effectivity because they promote job satisfaction, smooth interpersonal relationship, and long-term commitment with the company. They enable service providers to work efficiently, deliver exceptional service, and act as conduit between the customers and the business establishment, rather than simply being caught between their conflicting demands. (shrink)

Some Austro-German philosophers considered thoughts to be mind-dependent entities, that is, psychic products. Yet these authors also attrib- uted “objectivity” to thoughts: distinct thinking subjects can have mental acts with “qualitatively” the same content. Moreover, thoughts, once built, can exist beyond the life of their inventor, “embodied” in “documents”. At the beginning of the 20th century, the notion of “psychic product” was at the centre of the debates on psychologism; a hundred years later, it is rather at the margins (...) of the history of philosophy. While Twardowski’s theory of products has been fre- quently studied, those of Stumpf and the late Husserl have been much less dis- cussed. A presentation of the Austro-German debates about psychic products is all the more important since these discussions might be of direct interest for contemporary philosophy of mind and epistemology. This paper examines the Austro-German notion of psychic products in Stumpf, Twardowski, and the later Husserl. (shrink)

Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to avoid indirectly blaming others (...) for blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

The focus of the study is on the values, priorities and arguments needed to advance ‘design for sustainability’. The discussion critiques conventions related to innovation and technology and offers a product design approach that emphasises minimal intervention, integrated thinking-and-doing, reinstating the familiar, localization and the particularities of place. These interdependent themes are discussed in terms of their relationship to design for sustainability and are clarified through the conceptualization, design, production and use of a simple functional object that is, essentially, a (...) ‘symbolic sustainable artefact’. Although it is fully functional, its practical usefulness in contemporary society would probably be seen as marginal. Its potential contribution is as a symbol of an alternative direction. It asks us to consider aspects of our humanity that are beyond instrumental approaches. It challenges sustainable initiatives that become so caught up in practical and environmental concerns that they fail to question the underlying values, priorities and social drivers which affect how we act in the world; those behaviours and norms that have created the very problems we are so urgently trying to tackle. The discussion is accompanied by a parallel series of photographs that document the relationship between argument, locale and the creation of the conceptual artefact. These photographs convey some of the qualitative differences between the place of much contemporary arte- fact acquisition, i.e. the shopping mall, and the particular locale that yielded the artefact created during this study; they are also useful in conveying the potential relationship that exist between place and the aesthetics of functional objects. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...) in this paper. I will try to characterize the law in terms of the layered account of collective intentionality that I have introduced in some earlier writings (Schmitz 2013; 2018). In the light of this account I will then discuss a traditional question in the philosophy of law: the relation between law and morality. I begin by giving a brief sketch of the layered account in the next section. Collective intentionality should be understood in terms of experiencing and representing others as co-subjects, rather than as objects, of intentional states and acts on different layers or levels. I distinguish the nonconceptual layer of the joint sensory-motor-emotional intentionality of joint attention and joint bodily action, the conceptual level of shared we-mode beliefs, intentions, obligations, values, and so on, and the institutional level characterized through role differentiation, positions taken in role-mode, e.g. as a judge or attorney, and writing and other forms of documentation. In the third section I introduce a set of parameters for representations such as their degree of richness, of context-dependence, of density and differentiation of representational role and of durability and stability, which can be used to more precisely distinguish different layers. I also put forward the hypothesis that these properties are connected and tend to cluster, and that higher levels can only function and determine conditions of satisfaction against lower level ones. In the fourth and final section I critically discuss the sharp positivistic separation of morality and the law according to which whether something is a law is completely independent of its moral merits. I argue that this only seems plausible if we take an observational stance towards the law, but not towards morality. When we treat them the same way, it rather appears that the moral attitudes of the co-subjects of a society will determine whether and to what extent they will accept its legal order. I conclude by proposing to think of the law as being itself an institutionalized form of morality. (shrink)

En 1968 ocurrieron dos hechos sobre los cuales cabe hacer una reflexión orientada por la bioética: la llamada Revolución del 68 y la aparición de la Carta encíclica Humanae Vitae. El Concilio Vaticano II, que fue presentado como una actualización de la Iglesia católica al mundo moderno, fue el escenario de los estudios previos a la redacción del documento pontificio, donde Pablo VI dejó clara la postura del Magisterio de la Iglesia sobre la moral sexual y anticipa los errores prácticos (...) que se seguirían a planteamientos conceptuales antropológicos erróneos o equivocados sobre esa temática. Hay necesidad de rehabilitar la Humanae vitae para volver a percibir el acto conyugal en su “verdad inalterable”, donde no se puede separar el bien y la belleza de la donación mutua de los cónyuges, que redunda en el bien común de la sociedad para defender su célula básica y nuclear que es la familia. In 1968, two events occurred on which it is worth reflecting on bioethics: the so-called Revolution of 1968 and the appearance of the Encyclical Letter Humanae Vitae. The Second Vatican Council, which was presented as an update of the Catholic Church to the modern world, was the scene of the studies prior to the drafting of the pontifical document, where Paul VI made clear the position of the Magisterium of the Church on sexual morality and it anticipates the practical errors that would follow erroneous or mistaken anthropological conceptual approaches on this subject. There is a need to rehabilitate Humanae vitae in order to re-perceive the conjugal act in its "unalterable truth", where good and beauty cannot be separated from the mutual donation of the spouses, which results in the common good of society to defend its basic and nuclear cell which is the family. (shrink)

Thanks to mounting discussion about projected technologies’ possibly altering the species mentally and physically, philosophical investigation of what human beings are proceeds robustly. Many thinkers contend that whatever we are has little to do with how we should behave. Yet, tampering with what the human being is may tread upon human rights to be whatever one is. Rights given in widely recognized documents such as the U.N. Declaration of the Rights of Indigenous Peoples assume what humans are and need depends (...) upon ontological assumptions about human existence. Godman turns to human ontology—just what kind of beings humans are (from an angle distinct from the other two books) and how these play into rights. She is concerned with how well the social sciences accord with what we are. Gunkel homes in on a more specific moral topic than Godman's general concern with identity’s role in rights: automata moral status and rights. He enjoins us to inquire into what human rights are before we take on the new technologies’ challenge to it. Schneider’s Artificial You, while not explicitly about rights, poses a rights quandary. Certain individuals with reputable resources and practical backing explicitly seek to evolve the species as they see fit. The urgency among these works concerns how we need a sharper idea of what we are, how we should act and be treated, and how our rights fare among potential human improvements. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that (...) arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

Abstract A Note to Cogito Les Jones Blackburn College Previous submissions include -Intention, interpretation and literary theory, a first lookWittgenstein and St Augustine A DiscussionAreas of Interest – History of Western Philosophy, Miscellaneous Philosophy, European A Note on Cogito Descartes' brilliance in driving out doubt, and proving the existence of himself as a thinking entity, is well documented. Sartre's critique (or maybe extension) is both apposite and grounded and takes these enquiries on to another level. Let's take a look. 'I (...) think' somehow, for all its power, lacks something. What? Consider what one does when thinking (difficult, but we can try). Implicit in the word 'think', in fact the very essence of the word 'think', is that activity is going on, and if such activity is going on then it must be going on about something, an object, an emotion, a problem,or maybe some dreamlike state, but common to all these is that something is going on. Is that really so? Well, if that wasn't so we would be able to think in a pure state, wouldn't we? But what does a pure state of 'thinking' mean? It can't mean that there isnothing there, because if there were nothing there then no thinking would be taking place. Can it mean that we are thinking of nothing? Well no, because if we are thinking of nothing then we are thinking of something, we are contemplating the notion, or the nature, of nothing. In fact, one can argue that if we talk of something, inthis case nothing or nothingness, then in our head we have some notion of what that is, i.e. something exists in the mind for it to come out of our mouths. Thinking is a recognition of something outside the individual, for the very act of direction, which isan indispensable part of thinking, recognises, must recognise, that there are things to address outside the individual. Something else to bear in mind. According to Sartre human beings are condemned to freedom. Why condemned? Human beings did not choose to be born, but the act ofbeing born also imparts the freedom of which Sartre speaks. Freedom is something which we parrot off as being a sine qua non for the human condition. I believe that's true, but freedom in this sense isn't without its consequences for the individual humanbeing, for individual human beings handle freedom differently. To some it enables them to fly, to others it imparts immense pressures, anguish, heartbreak, unhappiness can all be associated with such freedom. Each individual is responsible for his destiny, for his direction. If someone says that God impelled him, that individual chose his or her God, and chose to obey his or her God. This believer has to sift through the multitude of things that his or her God desire of him or her. All this is fine, so long as we acknowledge what is going on here. Belief in God is, by definition, a belief. Belief, following Wittgenstein, is a language game with its rules and its boundaries. The essential feature of religion as language game are its boundaries, which can be summed up in the word belief. OK, belief has its practises which are its constituent parts, but belief is the boundary between religion and other language games, as the proof constituents are different. Our world is determined by the language used to describe everything that goes on within it. The boundaries of our world are set by the language we use. This might be better put as language gives access to ever expending boundaries. Ever expanding boundaries are only possible by ever expanding thought, and ever expanding thought is only possible by ever expanding directions to our thought brought about through language. It is a fact taken that to be conscious is to think. How could this be otherwise? Consciousness without thought just does not make sense. Imagine a state of consciousness without directional thought. What would it be like? It would be something never experienced, completely out of our understanding. Why? Because understanding itself is a directional thought process. If we say we are going outside our understanding then that is a world of void, and a world of void does not exist. Can such a world be contemplated in our thinking? Well, yes, but then it requires thinking, and thinking requires direction, and such direction requires language. Why does direction require language? Because there is no other way for human beings to articulate a directional thought. Could one point at an image without language? Well, one could have an image in mind, but the essence of saying something about it, of descriptive power, brings us back to the essence, to the power of language to direct. So what of this language of which we speak? Wittgenstein's private language argument points us towards the notion that language itself constantly develops and redevelops through human interaction. Descarte's cogito implies that thinking rules out doubt of one's own existence. But such thinking, to be valid, to make sense, to direct, must develop in a language that has developed, has been verified, by a plurality, by a plurality whose essence is social. Correct use of language symbols, i.e. words, requires that we verify and reverify the accuracy of such symbols. How do we do that? We do that in constant usage, in constant interaction, with other human beings. An individual using a private language could not be understood by others, his symbol system has not been verified by others, his meanings may not be your meanings. It follows from what we have said above that language is constructed, and is continually constructed, in a social context. Given our previous thoughts regarding verification this could not be otherwise. Language has a normative form. All language users are required, by their very use of the language, to verify the use of terms, grammar etc etc. As Wittgenstein cites (appropriately) games as a model, let us take a look. If I play e.g. Ludo, I am governed by the rules. It is not just that I may play dishonestly, for if I were to play at all that very dishonesty, to count as Ludo, would have to be rule governed. The rules of Ludo are Ludo, they are the essence and the constitution of it. Wittgenstein, particularly in his later writings, interweaves many concepts, and connects them in different and sometimes rather elusive ways. Wittgenstein sees concepts like emotions, sentiments and experiences in these interweaving maps. Of course these can be regarded as psychological concepts ** Language can be considered in another but related way, as embodying the elements of a cultural heritage. Language was seen as embodying the notion of higher culture in the arts, architecture etc. Over recent decades this has tended to shift to consider less tangible benefits, such things as oral traditions, cultural values and cultural identity. So language enables us to explore, through the achievements of past generations, cultural mores that may have laid unchallenged for many years. Many of these values and mores may be seen as independent of the language by which they are transmitted, but still this monumental accomplishment of mankind i.e. language, enables man to explore, to modify, to codify, to extend the boundaries of human experience. There are therefore massive implications for our Note on Cogito of Wittgenstein's work. Following Wittgenstein emotions and other psychological concepts can be termed depth grammar, and are distinguished by the fact that the third person of the present is recognised by observation, the first person is not. Taking Wittgenstein's well known pain example the sentence 'He is in pain' is a third person statement of an observational nature. The sentence 'I am in pain' is not derived from observation but from experience, it is an expression of that experience, it's essence is the experience. The asymmetry consists in the fact that predicting psychological attributes of others is warranted by what they do and say. By contrast, the use of such statements in the first person present tense does not rest on one's observation of one's own behaviour. (Hacker 2010:287) p 9 According to Wittgenstein 'I am in pain' is more like a cry of pain, an expression of pain, than a report of some pain. Of course this appertains for other similar statements. 'I feel good' etc. (shrink)

L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle intellectualiste (...) aristotélo-thomiste du XIIIe s. Il y a plusieurs façons de penser le droit naturel dans le monde médiéval chrétien et latin ; elles se maintiennent sur plusieurs siècles et l’une d’elles au moins a des points de contacts et de désaccord avec les traditions juives et musulmanes. Ces courants de pensée qui s’écartent du modèle intellectualiste aristotélo-thomiste peuvent être regroupés au sein d’une famille (au sens wittgensteinien) de modèles volontaristes : les contradictions déontiques peuvent être plus fortes que des contradictions prima facie, elles peuvent être d’authentiques contradictions renvoyant à un nouvel acte de volonté comme la seule façon d’éliminer la contradiction déontique. La théorie de Duns Scot peut être utilisée comme illustrant le problème d’une approche ontologique volontariste extrême. | Une autre version de cette contribution a été publiée dans Parisoli (2008d : 124–141). (shrink)

Legislative technique encompasses a system of methods and means associated with the preparation of draft legal acts in the most perfect form in terms of structure and form. In the legislative technique, not only national, but also the established legal practice of foreign countries for hundreds of years is widely used. The special legal means of legislative technique include the following: 1) legal language; 2) legal structures; 3) the procedure for registering a legislative act, the process of lawmaking; 4) (...) systematization of legislation. The legislative process provides for the existence of separate stages leading to the emergence of a new legislative act. And the problem of systematization of legislation and its main components is described in a separate way. (shrink)

Although Indic perspectives toward nature are now well documented, climate engineering discussions seem to still lack the views from Indic or other non‐Western sources. In this article, I will apply some of the Hindu and Jain concepts such as karma, nonviolence (Ahiṃsā ), humility (Vinaya ), and renunciation (Saṃnyāsa ) to analyze the two primary climate geoengineering strategies of solar radiation management (SRM) and carbon dioxide removal (CDR). I suggest that Indic philosophical and religious traditions such as Hinduism, Buddhism, and (...) Jainism offer ethical concepts to call for humility in all acts of climate engineering leading to a favoring of CDR over SRM and a favoring of lifestyle changes (particularly vegetarianism) over both. I demonstrate these concepts by introducing the five great elements from the Hindu philosophy, two Hindu legends from Hindu mythology, the Indic ethical ideas of karma, renunciation, and humility, and the moral authority of Gandhi. (shrink)

The “theses of Alcalá” were two controversial statements defended by certain Jesuits at the University of Alcalá de Henares in 1601. One of them was perceived by the Pope as particularly offensive: “It does not belong to Faith that this concrete man, for example, Clement VIII, is the Roman Pontiff”. When Pope Clement learned of this theological act, the Spanish Inquisition intervened, since it attempted to prevent the Supreme Pontiff from reserving the cause for himself. In this article, we delve (...) into these events thanks to several hitherto unpublished manuscripts. Among these documents we highlight several by F. Peña, a Spaniard who interpreted this statement as a subterfuge by the Society of Jesus to avoid the supposedly imminent condemnation of Luis de Molina, a Jesuit whose book on divine predestination and human freedom was being examined in Rome at the time. The documents transcribed here provide us with new details, such as the precise text of the conclusions defended in Alcalá. In addition, it is noteworthy that Peña was the first to understand correctly the position of the Dominican Domingo Báñez, because according to him it does belong to faith that Clement VIII is Pope, even though not in a primary way. (shrink)

Reduction in child marriage is highly correlated with a decline in maternal and child morbidity and mortality. Nigeria has taken a step to reduce child marriage through the Child Rights Act; however, 11 states in the Northeast and Northwest are yet to implement these laws despite the documented benefits. Estimates predict that a 70% reduction of maternal deaths can be achieved by a 10% reduction in child marriage. Additionally, the $7.6 billion lost in earning and productivity of human capital from (...) child marriage annually can be averted. A reduction in child marriage can also decrease violence against girls and improve educational level attainment. We propose that the Nigerian government should enact the Maternal and Child Health Country-wide Policy to give a national security treatment to maternal and child health matters. It will ensure that policies passed at the federal level with the potential to reduce maternal and child mortality can be automatically adopted nationwide. (shrink)

Bangladesh is a signatory of the International Labor Organization’s two landmark conventions on child labor – No.138 on Minimum Age and No. 182 on the Worst Forms of Child Labor. The Bangladesh Labor Act, 2006 prohibits the employment of any child in child labor’s worst forms, including hazardous ones. To eliminate hazardous child labor (HCL) from the country, the government published a list of 38 activities/processes as hazardous to children. However, emerging data suggest that HCL still exists widely in the (...) country, and the COVID-19 pandemic has worsened the situation. The review of existing evidence and relevant reports evinces that the country’s current policies inadequately address the status and remedies of HCL. Based on the author’s desk review, observational experience and visual work, this paper evaluates the competence of the hazardous labor list and current legal protections for children. The findings suggest that lack of implementation, reporting and monitoring opens the floodgate for employers to informally employ children in hazardous work and take advantage of the legal lacunae. Destitute families and street children lack citizenship documents and become easy victims of exploitative employment. The analysis informs that the country’s existing legislative framework and protection policies are critically inadequate to cease HCL in urban areas. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be (...) thought of as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

The growth in neoliberal or market-driven higher education has challenged traditional approaches to evaluating faculty members. The involvement of multiple stakeholders (i.e., accreditation bodies, quality assurance officers, administrators, teaching faculty, and students) has led to different and sometimes conflicting needs in faculty evaluation. While extant literature generally suggests that faculty evaluation in contemporary higher education is strongly associated with accountability purposes, little is known about how key agents at the institutional level use evaluation for learning and improvement. Thus, this study (...) attempts to identify the approaches to faculty evaluation that promote learning and improvement in higher education. This study is a qualitative case study of Vietnamese higher education student evaluation of teaching (SET) and voting evaluation practices. It adopts the problem-based methodology (Robinson, 1993; Robinson & Lai, 2006) to investigate the theories of action of some key stakeholders of these faculty evaluation practices in Vietnam. The theories of action comprise the stakeholders’ approaches to faculty evaluation, together with the constraints (that rule in or rule out specific approaches) and the consequences of the approaches. Participants included four quality assurance officers, 18 administrators, and 20 faculty members from seven public higher education institutions in Vietnam. The theories of action about faculty evaluation were constructed based on interviews and key evaluation documents. Overall, the participants took three main approaches to faculty evaluation: (i) complying with the expected evaluation procedures and roles, (ii) taking a harmony-oriented and unilateral approach to problem solving, and (iii) disengaging from evaluation for learning and improvement. The participants generally fulfilled the evaluation policy requirements, but their approaches had a limited impact on learning and improvement at the institutional level. The constraint analysis suggests that the participants’ approaches were not completely passive but were mainly oriented to managerial accountability demands (Røiseland et al., 2015). The participants’ collectivist Confucian harmony-oriented norms hindered their approaches to problem solving and using evaluation for learning and improvement. However, there were a few participants who acted on their own values rather than being confined by political and cultural constraints. In spite of its scarcity, these participants’ self-reliant approach suggests a potential influence of Buddhist principles of self-transformation, contextuality and reflexivity on improving practices (Chu & Vu, 2021; Thich Nhat Hanh, 1987). The study has two key implications. First, it suggests the improvement of faculty evaluation policymaking and implementation by revising several existing constraints and by adding some cultural and individual constraints to the current theories of action. The faculty evaluation problems could be solved by improving the quality of evaluation processes and data, reconceptualising SET and voting evaluation, and treating faculty members’ underperformance as a collective problem. Second, the study suggests a framework to predict the likely success of future intervention on faculty evaluation. For instance, faculty evaluation for learning and improvement will be more feasible if policymakers and implementers prioritise transformational purposes and make joint efforts to foster dialogues and collaboration among individuals and groups. My study also highlights the need to understand faculty evaluation, and possibly other higher education practices in Vietnam, in religious contexts and from individual participants’ spiritual values or philosophical backgrounds. The study implications are applicable to Vietnamese higher education and potentially to other educational settings with similar characteristics. (shrink)

This paper examines the role of self-documentation in the care of the self. As is well known, Michel Foucault exposes how disciplinary power functions in hospitals, schools, prisons, and other institutions to train the living for productive use. An important tool of disciplinary power is documentation, or the recording and cataloguing of the living that constitutes them as objects of knowledge. I show how documentation creates and extends knowledge to individuals. At the same time, documents become physical appendages of the (...) lives they record, which, while separable from those lives, nevertheless affect those lives. Despite these apparently negative functions, Foucault finds that documentation can also be the means by which the living take over their own disciplining. In writings about both fiction and ancient ethics, Foucault points to self-documentation as a way of objectifying the self before the self, so that the self may train itself according to self-imposed standards. Although disciplinary power may be inescapable, self-documentation offers a technique of counter-discipline that functions alongside and against institutional discipline. (shrink)

Our culture is dominated by digital documents in ways that are easy to overlook. These documents have changed our worldviews about science and have raised our expectations of them as tools for knowledge justification. This article explores the complexities surrounding the digital document by revisiting Michael Polanyi’s theory of tacit knowledge—the idea that “we can know more than we can tell.” The theory presents to us a dilemma: if we can know more than we can tell, then this means (...) that the communication of science via the document as a primary form of telling will always be incomplete. This dilemma presents significant challenges to the open science movement. (shrink)

Logic and psychology overlap in judgment, inference and proof. The problems raised by this commonality are notoriously difficult, both from a historical and from a philosophical point of view. Sundholm has for a long time addressed these issues. His beautiful piece of work [A Century of Inference: 1837-1936] begins by summarizing the main difficulty in the usual provocative manner of the author: one can start, he says, by the act of knowledge to go to the object, as the Idealist does; (...) one can also start by the object to go to the act, in the Realist mood; never the two shall meet. He is himself inclined to accept the first perspective as the right one and he has eventually developed an original version of antirealism which starts, not from considerations about the publicity of meaning, in the manner of Dummett, but from an epistemic standpoint, trying to search in a non-Fregean tradition of analysis of judgement and cognate notions a way of founding constructivist semantics. The present paper ploughes the same field. We concentrate on the significance, for Sundholm’s program, of the perspective that has been opened by Twardowski in his important essay on acts and products (1912. (shrink)

Using speech act theory from the Philosophy of Language, this paper attempts to develop an ethical framework for the phenomenon of speech processing. We use the concepts of the illocutionary force and the illocutionary content of a speech act to explain the ethics of speech processing. By emphasizing the different stages involved in speech processing, we explore the distinct ethical issues that arise in relation to each stage. Input, processing, and output are the different ethically relevant stages under which a (...) spoken item or a speech navigates within the range of speech-processing modules. Employing the illocutionary force-content distinction, we specify and characterize the input-related ethical issues, the output-related ethical issues, and the processing-related ethical issues involved in speech processing. Together with illocutionary force-content distinction, we employ the data-information distinction to characterize the stage-wise ethical issues in the phenomenon of speech processing as the ethics of collecting (speech) data, the ethics of contextualizing (speech) data/information, and the ethics of releasing the con-textualized information (processed speech). Immediate ethical issues that arise from the range of speech processing modules are distinguished from distant ethical issues. We also indicate the nature of ethical issues that arise from Speaker Independent speech technologies. (shrink)

As an indirect ethical theory, rule consequentialism first evaluates moral codes in terms of how good the consequences of their general adoption are and then individual actions in terms of whether or not the optimific code authorises them. There are three well-known and powerful objections to rule consequentialism’s indirect structure: the ideal world objection, the rule worship objection, and the incoherence objection. These objections are all based on cases in which following the optimific code has suboptimal consequences in the real (...) world. After outlining the traditional objections and the cases used to support them, this paper first constructs a new hybrid version of consequentialism that combines elements of both act and rule consequentialism. It then argues that this novel view has sufficient resources for responding to the previous traditional objections to pure rule consequentialism. (shrink)

I argue that when determining whether an agent ought to perform an act, we should not hold fixed the fact that she’s going to form certain attitudes (and, here, I’m concerned with only reasons-responsive attitudes such as beliefs, desires, and intentions). For, as I argue, agents have, in the relevant sense, just as much control over which attitudes they form as which acts they perform. This is important because what effect an act will have on the world depends not (...) only on which acts the agent will simultaneously and subsequently perform, but also on which attitudes she will simultaneously and subsequently form. And this all leads me to adopt a new type of practical theory, which I call rational possibilism. On this theory, we first evaluate the entire set of things over which the agent exerts control, where this includes the formation of certain attitudes as well as the performance of certain acts. And, then, we evaluate individual acts as being permissible if and only if, and because, there is such a set that is itself permissible and that includes that act as a proper part. Importantly, this theory has two unusual features. First, it is not exclusively act-orientated, for it requires more from us than just the performance of certain voluntary acts. It requires, in addition, that we involuntarily form certain attitudes. Second, it is attitude-dependent in that it holds that which acts we’re required to perform depends on which attitudes we’re required to form. I then show how these two features can help us both to address certain puzzling cases of rational choice and to understand why most typical practical theories (utilitarianism, virtue ethics, rational egoism, Rossian deontology, etc.) are problematic. (shrink)

Language is nothing but human subjects in as much as they speak, say and know. Language is something coming from the inside of the speaking subject manifest in the intentional meaningful purpose of the individual speaker. A language, on the contrary, is something coming from the outside, from the speech community, something offered to the speaking subject from the tradition in the technique of speaking. The speech act is the performance of an intuition by the subject, both individual and social.

Although it seems intuitively clear that acts of requesting are different from acts of commanding, it is not very easy to sate their differences precisely in dynamic terms. In this paper we show that it becomes possible to characterize, at least partially, the effects of acts of requesting and compare them with the effects of acts of commanding by combining dynamified deontic logic with epistemic logic. One interesting result is the following: each act of requesting is (...) appropriately differentiated from an act of commanding with the same content, but for each act of requesting, there is another act of commanding with much more complex content which updates models in exactly the same way as it does. We will also consider an application of our characterization of acts of requesting to acts of asking yes-no questions. It yields a straightforward formalization of the view of acts of asking questions as requests for information. (shrink)