THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is (...) overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

Recent experimental work has shown that the truth-value judgments of color predications, i.e. utterances of the form “the leaves on my tree are green” or “these walls are brown,” are influenced by slight changes in the context of utterance (Hansen and Chemla 2013, Ziółkowski, 2021). Most explanations of this phenomenon focus on the semantics of color adjectives. However, it is not clear if these explanations do justice to the nuances of the empirical data on context-sensitivity of color predications (...) (Ziółkowski, 2021). In contrast to the adjectival explanations, Agustin Vicente (2015) has recently proposed that the context-sensitivity of color predications can be explained by invoking the polysemy of the noun. In this paper, we present the results of three studies designed to empirically test this hypothesis: a traditional survey experiment (Study 1), an exploratory correlational study inspired by the semantic integration paradigm (Study 2a), and a follow-up experiment (Study 2b) that was designed to mitigate possible shortcomings of Study 2a. The results of our studies present preliminary evidence against Vicente’s theory. (shrink)

The possibility of empirical test is discussed with respect to three issues: (1) What is the ontological relationship between consciousness and the brain/physical world? (2) What physical characteristics are associated with the mind/brain interface? (3) Can consciousness act on the brain independently of any brain process?

Due to ethical lapses of leaders, interest in ethical leadership has grown, raising important questions about the responsibility of leaders in ensuring moral and ethical conduct. Research conducted on ethical leadership failed to investigate the active role that the characteristics of ethical climate and organisational justice have an increasing or decreasing influence on the ethical leadership in the organisation’s outcomes of employees’ ethical behaviour. Thus, this study examined the dual-mediations of work ethical climate and organisational justice on the (...) relation of ethical leadership and ethical behaviour of employees. A total of 620 full-time employees from five Iraqi provinces working at 33 Iraqi organisations in the field of manufacturing, retailing, medical, insurance, information technology, legal, finance, and telecommunication responded to the questionnaire survey. Structural equation modelling (SEM) was used to test the model and data analysis was carried out using structural equation modelling-partial least square (SEM-PLS). The results revealed that there is a significant relationship between ethical leadership behaviour and the ethical behaviour of employees. Primarily, the study also found that ethical climate and organisational justice play a very significant mediating role between ethical leadership and employees’ ethical behaviour. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. Chapter 2 (...) then shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. (...) Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

Ontology, since Aristotle, has been conceived as a sort of highly general physics, a science of the types of entities in reality, of the objects, properties, categories and relations which make up the world. At the same time ontology has been for some two thousand years a speculative enterprise. It has rested methodologically on introspection and on the construction and analysis of elaborate world-models and of abstract formal-ontological theories. In the work of Quine and others this ontological theorizing in abstract (...) fashion about the world was supplemented by the study, based on the use of logical methods, of the ontological commitments or presuppositions embodied in scientific theories. In recent years both types of ontological study have found application in the world of information systems, for example in the construction of frameworks for knowledge representation and in database design and translation. As ontology is in this way drawn closer to the domain of real-world applications, the question arises as to whether it is possible to use empirical methods in studying ontological theories. More specifically: can we use empirical methods to test the ontological theories embodied in human cognition? We set forth the outlines of a framework for the formulation and testing of such theories as they relate to the specific domain of geographic objects and categories. (shrink)

I defend an empirically-oriented approach to the analysis and remediation of social injustice. My springboard for this argument is a debate—principally represented here between Tommie Shelby and Elizabeth Anderson, but with much deeper historical roots and many flowering branches—about whether racial-justice advocacy should prioritize integration (bringing different groups together) or community development (building wealth and political power within the black community). Although I incline toward something closer to Shelby’s “egalitarian pluralist” approach over Anderson’s single-minded emphasis on integration, many of (...) Shelby’s criticisms of integrationism are misguided, and his handling of the empirical literature is profoundly unbalanced. In fact, while both Shelby and Anderson defend the importance of social science to their projects, I’ll argue that each takes a decidedly unempirical approach, which ultimately obscures the full extent of our ignorance about what we can and ought to do going forward. A more authentically empirical tack would be more epistemically humble, more holistic, and less organized around what I’ll call prematurely formulated “Grand Unified Theories of Social Change.” I defend a more “diversified experimentalist” approach, which rigorously tests an array of smaller-scale interventions before trying to replicate and scale up the most promising results. (shrink)

Many philosophers subscribe to the view that philosophy is a priori and in the business of discovering necessary truths from the armchair. This paper sets out to empirically test this picture. If this were the case, we would expect to see this reflected in philosophical practice. In particular, we would expect philosophers to advance mostly deductive, rather than inductive, arguments. The paper shows that the percentage of philosophy articles advancing deductive arguments is higher than those advancing inductive arguments, which (...) is what we would expect from the vantage point of the armchair philosophy picture. The results also show, however, that the percentages of articles advancing deductive arguments and those advancing inductive arguments are converging over time and that the difference between inductive and deductive ratios is declining over time. This trend suggests that deductive arguments are gradually losing their status as the dominant form of argumentation in philosophy. (shrink)

The shortage conditions created by the COVID-19 pandemic have been changing our ordinary way of life around the world since the beginning of 2020. Such conditions pose a challenge for shaping a cohesive theory of justice—one that takes non-ideal circumstances as necessary for the model. These conditions also interfere with agents’ moral capacity in ways that make it difficult for them to tell what is morally relevant, which impairs their ability to identify what actions are just. To shed light (...) on these problems, I turn to David Hume’s theory of justice as a test case to portray how outer conditions shape an agent’s inner conditions and affect the foundation of our moral perception of what is just. (shrink)

It has widely been assumed, by philosophers, that most people unambiguously have a phenomenology as of time passing, and that this is a datum that philosophical theories must accommodate. Moreover, it has been assumed that the greater the extent to which people have said phenomenology, the more likely they are to endorse a dynamical theory of time. This paper is the first to empirically test these assumptions. Surprisingly, our results do not support either assumption. One experiment instead found the (...) reverse correlation: people were more likely to report having passage phenomenology if they endorsed a non-dynamical theory of time. Given that people do not have an unambiguous phenomenology as of time passing, we conclude that this is suggestive evidence in favor of veridical non-dynamism—the view that our phenomenology is veridical, and that it does not unambiguously represent that time passes. Instead, our phenomenology veridically has some quite different content. (shrink)

The shortage conditions created by the COVID-19 pandemic have been changing our ordinary way of life around the world since the beginning of 2020. Such conditions pose a challenge for shaping a cohesive theory of justice—one that takes non-ideal circumstances as necessary for the model. These conditions also interfere with agents’ moral capacity in ways that make it difficult for them to tell what is morally relevant, which impairs their ability to identify what actions are just. To shed light (...) on these problems, I turn to David Hume’s theory of justice as a test case to portray how outer conditions shape an agent’s inner conditions and affect the foundation of our moral perception of what is just. (shrink)

This paper empirically investigates one aspect of the folk concept of time by testing how the presence or absence of directedness impacts judgements about whether there is time in a world. Experiment 1 found that dynamists, showed significantly higher levels of agreement that there is time in dynamically directed worlds than in non-dynamical non-directed worlds. Comparing our results to those we describe in Latham et al., we report that while ~ 70% of dynamists say there is time in B-theory worlds, (...) only ~ 45% say there is time in C-theory worlds. Thus, while the presence of directedness makes dynamists more inclined to say there is time in a world, a substantial subpopulation of dynamists judge that there is time in non-directed worlds. By contrast, a majority of non-dynamists judged that there was time in both growing block worlds and C-theory worlds, with no significant differences between the means. Experiment 2 found that when participants are only presented with non-dynamical worlds—namely, a directed world and a non-directed world—they report significantly higher levels of agreement that there is time in B-theory worlds. However, the majority of participants still judge that there is time in C-theory worlds. We conclude that while the presence of directedness bolsters judgements that there is time, most people do not judge it to be necessary for time. (shrink)

This study draws on deontic justice theory to examine an unexplored socioemotional micro-foundation of corporate social responsibility (CSR), namely anticipated guilt, in an effort to improve our understanding of employees’ moral reactions to their organization’s CSR. We empirically investigate whether environmental CSR induces anticipated guilt (i.e., concerns about future guilt for not contributing to organizational CSR) leading to organizational environmental citizenship behavior. We also consider two boundary conditions related to the social nature of anticipated guilt: line manager support for (...) the environment and negative environmental group norms. To test our hypotheses, we analyzed data from a convenience sample of 503 managers working in Mexican organizations, using Latent Moderated Structural equation modeling. Overall, our results support the deontic argument that employees care about CSR because CSR embodies moral concerns. Specifically, our findings show that efforts to avoid a guilty conscience increase when the line manager provides increased resources and control to act for the environment, and when group members do not care for the environment, suggesting that employees feel they have to compensate for their group’s moral failure. (shrink)

Empirical philosophers of science aim to base their philosophical theories on observations of scientific practice. But since there is far too much science to observe it all, how can we form and test hypotheses about science that are sufficiently rigorous and broad in scope, while avoiding the pitfalls of bias and subjectivity in our methods? Part of the answer, we claim, lies in the computational tools of the digital humanities, which allow us to analyze large volumes of scientific (...) literature. Here we advocate for the use of these methods by addressing a number of large-scale, justificatory concerns—specifically, about the epistemic value of journal articles as evidence for what happens elsewhere in science, and about the ability of DH tools to extract this evidence. Far from ignoring the gap between scientific literature and the rest of scientific practice, effective use of DH tools requires critical reflection about these relationships. (shrink)

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked (...) in normative terms: to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. -/- IN A TIME when national interests are structurally overvalued and borders increasingly strengthened, it’s a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the ‘migration crisis’-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands.- -/- THIS BOOK IS essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK.-. (shrink)

Contents 1 Introduction / 2 The Timaeus on dignity: the Demiurge’s speech / 3 Justice as a virtue / 4 The content of just actions / 5 Justice of the law and justice of the state / 6 Equality / 7 Some key issues in Plato’s conception of justice / 7.1 What is more excellent—justice of the soul or justice of action? / 7.2 Which activity is best and what is its best object? / (...) 7.2. Just actions over contemplation / 7.2. The Timaeus and Plato’s teaching on justice / 7.2. The elderly Cephalus on justice: foreword as epilogue / 7.3 The sharing of wives: testing the interpretation on a ‘hard case’ / 8 Conclusions. (shrink)

This paper is concerned with the construction of theories of software systems yielding adequate predictions of their target systems’ computations. It is first argued that mathematical theories of programs are not able to provide predictions that are consistent with observed executions. Empirical theories of software systems are here introduced semantically, in terms of a hierarchy of computational models that are supplied by formal methods and testing techniques in computer science. Both deductive top-down and inductive bottom-up approaches in the discovery (...) of semantic software theories are refused to argue in favour of the abductive process of hypothesising and refining models at each level in the hierarchy, until they become satisfactorily predictive. Empirical theories of computational systems are required to be modular, as modular are most software verification and testing activities. We argue that logic relations must be thereby defined among models representing different modules in a semantic theory of a modular software system. We exclude that scientific structuralism is able to define module relations needed in software modular theories. The algebraic Theory of Institutions is finally introduced to specify the logic structure of modular semantic theories of computational systems. (shrink)

The “received wisdom” in contemporary analytic philosophy is that intuition talk is a fairly recent phenomenon, dating back to the 1960s. In this paper, we set out to test two interpretations of this “received wisdom.” The first is that intuition talk is just talk, without any methodological significance. The second is that intuition talk is methodologically significant; it shows that analytic philosophers appeal to intuition. We present empirical and contextual evidence, systematically mined from the JSTOR corpus and HathiTrust’s (...) Digital Library, which provide some empirical support for the second rather than the first hypothesis. Our data also suggest that appealing to intuition is a much older philosophical methodology than the “received wisdom” alleges. We then discuss the implications of our findings for the contemporary debate over philosophical methodology. (shrink)

In this chapter, I consider three ‘promises’ of bringing phenomenology into dialogue with networked learning. First, a ‘conceptual promise’, which draws attention to conceptual resources in phenomenology that can inspire and inform how we understand, conceive of, and uncover experiences of participants in networked learning activities and environments. Second, a ‘methodological promise’, which outlines a variety of ways that phenomenological methodologies and concepts can be put to use in empirical research in networked learning. And third, a ‘critical promise’, which (...) suggests how work done in the realm of critical phenomenology is complementary to and useful for exploring the social justice and emancipatory aims of networked learning researchers. Through this framework, I reflect upon multiple ways in which phenomenology has and might continue to fruitfully inform and shape networked learning research. In doing so, I emphasise that deploying phenomenology in the context of networked learning not only enriches our understanding of networked learning but that phenomenology itself is enriched through testing, finetuning, and expanding its methods, concepts, and understanding, as well as unveiling its own limitations and constraints. (shrink)

What can we do—and what should we do—to fight against bias? This final chapter introduces empirically-tested interventions for combating implicit (and explicit) bias and promoting a fairer world, from small daily-life debiasing tricks to larger structural interventions. Along the way, this chapter raises a range of moral, political, and strategic questions about these interventions. This chapter further stresses the importance of admitting that we don’t have all the answers. We should be humble about how much we still don’t know and (...) dedicate efforts to gathering as much knowledge as possible. Even so, we know enough now to start making a difference, and this chapter ultimately aims to chip away at the gap between our abstract commitments to treat people fairly and our lived habits and experiences, which continue to be shaped by implicit and explicit prejudices and stereotypes about race, gender, and other social categories. (shrink)

A failed market, or asymmetric information, is a well-known economic concept. This phenomenon can be witnessed in a variety of markets. However, the repercussions of information asymmetry are thought to be more substantial in the stock market. Because, in addition to measurable economic impact, knowledge asymmetry harms trust. The Vietnamese stock market has experienced several successes since its creation, yet it still has many restrictions typical of a young market. The numerous violations of the subjects on the market in recent (...) years reflect those restrictions. Information issues, or more broadly, information asymmetry, are primarily responsible for these errors. The goal of this study was to analyze and assess the degree of information asymmetry in the Vietnamese stock market during a five-year period (2018 – 2022). The author tests the information asymmetry effect using GARCH models for VN-Index data and measures Adverse Selection Component (ASC) using the Glosten & Harris model for the 100 largest capitalization companies on the Ho Chi Minh City Stock Exchange (HOSE). The findings demonstrate information asymmetry, and the ASC value for the entire study period is 89.53%. This empirical finding serves as the foundation for formulating suitable policy recommendations for every market participant, aiding in the growth of a productive, equitable, open, and transparent Vietnamese stock market. (shrink)

Informed consent is a central concept for empirical and theoretical research concerning pregnancy management decisions and is often taken to be one of the more fundamental goals of the profession of genetic counseling. Tellingly, this concept has been seen by disability communities as salutary, despite longstanding critiques made by disability activists, advocates, and scholars concerning practices involved in genetic counseling more generally. In this chapter, we show that the widespread faith in informed consent is misleading and can be detrimental (...) to the practice of genetic counseling as guided by concerns of justice and equity. We proceed in two steps. First, we explain how informed consent is flawed as a practical concept. Second, we show how the inadequacy of informed consent illuminates the animating core of disability critiques of genetic counseling: the issue of ableism. We argue that the problem of ableism cannot be solved with informed consent because it is not merely a problem of information, but also of epistemic schemas. We suggest that what we call critically informed consent is better suited to move genetic counseling from being aware of the problem of ableism to becoming actively anti-ableist. (shrink)

The aim of this paper is to contribute to the debate over the nature of scientific progress in philosophy of science by taking a quantitative, corpus-based approach. By employing the methods of data science and corpus linguistics, the following philosophical accounts of scientific progress are tested empirically: the semantic account of scientific progress, the epistemic account of scientific progress, and the noetic account of scientific progress. Overall, the results of this quantitative, corpus-based study lend some empirical support to the (...) epistemic and the noetic accounts over the semantic account of scientific progress, for they suggest that practicing scientists use the terms ‘knowledge’ and ‘understanding’ significantly more often than the term ‘truth’ when they talk about the aims or goals of scientific research in their published works. But the results do not favor the epistemic account over the noetic account, or vice versa, for they reveal no significant differences between the frequency with which practicing scientists use the terms ‘knowledge’ and ‘understanding’ when they talk about the aims or goals of scientific research in their published works. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by (...) admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (shrink)

The replicability and importance of the correlation between cognitive style and religious belief have been debated. Moreover, the literature has not examined distinct psychological accounts of this relationship. We tested the replicability of the correlation (N = 5284; students and broader samples of Canadians, Americans, and Indians); while testing three accounts of how cognitive style comes to be related to belief in God, karma, witchcraft, and to the belief that religion is necessary for morality. The first, the dual process model, (...) posits that analytical thinking is recruited in overriding intuitions related to supernatural beliefs. The second, the expressive rationality model, posits that analytical thinking is recruited in supporting already-held beliefs in an identity-protective manner. And the third, the counter-normativity rationality model, posits that analytical thinking is recruited to question beliefs supported by prevailing cultural norms. In Study 2, we tested the replicability of our results in a re-analysis of published data. The association between analytic thinking style and beliefs was replicated. We conclude that whereas the counter-normativity rationality model was contradicted by the data, both the dual process and expressive rationality models received varying degrees of empirical support, but neither model fully accounted for all the patterns in the data. (shrink)

-/- For all that digital methods—including network visualization, text analysis, and others—have begun to show extensive promise in philosophical contexts, a tension remains between two uses of those tools that have often been taken to be incompatible, or at least to engage in a kind of trade-off: the discovery of new hypotheses and the testing of already-formulated positions. This paper presents this basic distinction, then explores ways to resolve this tension with the help of two interdisciplinary case studies, taken from (...) preregistration in contemporary science and the debate over whig history in the history of science. These case studies, the paper argues, refocus our attention from a mutually exclusive testing/discovery binary to the relationship between our background data or philosophical views and the empirical generalizations that we might draw from the data. Finally, it develops a set of three challenges for philosophers and corresponding avenues for future work that will, it is hoped, allow us to better justify our use of these methods. (shrink)

A failed market, or asymmetric information, is a well-known economic concept. This phenomenon can be witnessed in a variety of markets. However, the repercussions of information asymmetry are thought to be more substantial in the stock market. Because, in addition to measurable economic impact, knowledge asymmetry harms trust. The Vietnamese stock market has experienced several successes since its creation, yet it still has many restrictions typical of a young market. The numerous violations of the subjects on the market in recent (...) years reflect those restrictions. Information issues, or more broadly, information asymmetry, are primarily responsible for these errors. The goal of this study was to analyze and assess the degree of information asymmetry in the Vietnamese stock market during a five-year period (2018 – 2022). The author tests the information asymmetry effect using GARCH models for VN-Index data and measures Adverse Selection Component (ASC) using the Glosten & Harris model for the 100 largest capitalization companies on the Ho Chi Minh City Stock Exchange (HOSE). The findings demonstrate information asymmetry, and the ASC value for the entire study period is 89.53%. This empirical finding serves as the foundation for formulating suitable policy recommendations for every market participant, aiding in the growth of a productive, equitable, open, and transparent Vietnamese stock market. (shrink)

Abstract: The use of the technology in the way of teaching and learning in the higher educational institutions sustained a significant position during the pandemic emergency in Pakistan and across the world to continue the educational activities. The extant study investigates the pedagogical challenges in which proposed factors used to discover the intention of the users in the form of their ease of the technological use and assessing the social influence of people regarding the innovative digital adoption in the online (...) learning atmosphere. This research inculcates the antecedents like perceived ease of use (PEOU) social influence (SI), satisfaction (S), and intention to use (ITU) to chart out the perception of the wireless based educational activities during the COVID-19 outbreak in the country and it aims to produce an empirical analysis of the easiness and social influence of users to accept the newly adopted technology and calculating the Web based pedagogical challenges via interpreting the users’ intention. For the data analysis 216 questionnaires have been collected from the teacher and students among three public universities in Sindh and the existing review develops a proposed conceptual framework model to meet the objectives of the study. In the way of the interpretation of data SPSS version 24 was brought in use and the testes of the hypotheses were carried out by means of regression and correlations. The research follows the limitation to meet the quantitative research methodology, teachers’ web based easiness and social feedback to deliver the online teaching and the recommendations urge to discover a research by using different factors. (shrink)

Modern philosophy is divided, apparently. The two apparent divisions are commonly referred to as “Analytic” and “Continental” (Prado). The former division is often seen as Kantian, ahistoricist, scientific, and logical; the latter division is often seen as Hegelian, historicist, conversational, and rhetorical (Rorty). In this paper, we attempt to use the principles of experimental philosophy and comparative computational techniques against a corpus of self-identified “analytic” and “continental” texts in order to test various hypotheses about the analytic/continental divide from the (...) philosophical literature: some hypotheses are supported, some opposed, and others left open to further research. This project was funded by the 2022 University of Houston MD Anderson Library Digital Research Commons Special Projects Grant. (shrink)

How does empire become transposed onto justice? There are two kinds of question here, one historical the other conceptual, though they are often entwined. First, we may ask whether there are particular arguments about justice that were subsequently used in the justification of empire or colonialism. Or, we may seek to trace the conceptual structure of argu- ments justifying imperialism to their roots in particular philosophical views, debunking their supposed universalism.3 Second, we may ask about the very nature (...) of the concept of global justice and the values it expresses in relation to other important values. Is the very notion of global justice imperialistic, just because it claims there are universal values applicable to everyone everywhere, whatever their particular ways of life or worldviews? (shrink)

Empirical adaptationism is often said to be an empirical claim about nature, which concerns the overall relative causal importance of natural selection in evolution compared with other evolutionary factors. Philosophers and biologists who have tried to clarify the meaning of empirical adaptationism usually share, explicitly or implicitly, two assumptions: (1) Empirical adaptationism is an empirical claim that is scientifically testable; (2) testing empirical adaptationism is scientifically valuable. In this article, I challenge these two assumptions (...) and argue that both are unwarranted given how empirical adaptationism is currently formulated. I identify a series of conceptual and methodological difficulties that makes testing empirical adaptationism in a biologically non-arbitrary way virtually impossible. Moreover, I show that those in favor of testing empirical adaptationism have yet to demonstrate the distinctive value and necessity of conducing such a test. My analysis of the case of empirical adaptationism also provides reasons for scientists to reconsider the value and necessity of engaging in scientific debates involving the notion of overall relative causal importance. (shrink)

Cognitive categories in the geographic realm appear to manifest certain special features as contrasted with categories for objects at surveyable scales. We have argued that these features reflect specific ontological characteristics of geographic objects. This paper presents hypotheses as to the nature of the features mentioned, reviews previous empirical work on geographic categories, and presents the results of pilot experiments that used English-speaking subjects to test our hypotheses. Our experiments show geographic categories to be similar to their non-geographic (...) counterparts in the ways in which they generate instances of different relative frequencies at different levels. Other tests, however, provide preliminary evidence for the existence of important differences in subjects’ categorizations of geographic and non-geographic objects, and suggest further experimental work especially with regard to the role in cognitive categorization of different types of object-boundaries at different scales. (shrink)

It is a truism to say that we live in a world that has been deeply shaped by imperialism. The history of humanity is, in many ways, a story of the attempted and achieved subjugation of one people by another, and it is unsurprising that such interaction has had profound effects on the contemporary world, affecting cultural understandings of community identity; the composition of, and boundaries between, modern day states; and the distribution of resources between different communities. This chapter addresses (...) the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world where there was no such interaction, this chapter maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

It is generally accepted among philosophers of science that hypothesis testing is a key methodological feature of science. As far as philosophical theories of confirmation are con...

Gordon Barnes accuses Robert Nozick and Eric Mack of neglecting, in two ways, the practical, empirical questions relevant to justice in the real world.1 He thinks these omissions show that the argument behind the Wilt Chamberlain example—which Nozick famously made in his seminal Anarchy, State, and Utopia—fails. As a result, he suggests that libertarians should concede that this argument fails. In this article, we show that Barnes’s key arguments hinge on misunderstandings of, or failures to notice, key aspects (...) of the entitlement theory that undergirds Nozick’s and Mack’s work. Once the theory is properly understood, Barnes’s challenges fail to undermine the Chamberlain example, in particular, and the entitlement theory, in general. (shrink)

Abstract: Pakistan has been affected by the outbreak of COVID-19 and government took effective initiatives to deal the prevailing situation in a possible means. Likely, in the education sector government adopted online learning process across the country and adapted the electronic learning environment in order to seize the spread the pandemic. This study investigates the perception of students regarding their adoption of digital assessment during COVID-19 outbreak to evaluate their educational activities. Digital assessment is also considered as electronic assessment in (...) which students educational evaluation is materialized to encircle the online examination, assignment submission, and calculation of candidate's study progress. The aim of this study is to provide an empirical investigation of online via discovering the intentional approach of electronic learning users in Pakistan during COVID-19 outbreak. The interpretation of the questionnaires of student and teachers is based on the data that has been collected from the public universities in Sindh. For investigating users of digital assessment behavioral determinants were applied in which (PEOU, PU, SI and OA) measured with and intention to use digital assessment (ITDA) and proposed determinants users intention during the outbreak of the pandemic. The prevailing survey study follows the conceptual proposed framework model that assists to investigate the users' perception towards students' online assessment. For the data analysis 413 questionnaires were distributed and 286 respondents feedback restored by filling the research items online means. Moreover, SPSS version 24 was adopted and hypothesis tested through egressions and correlations. The research is confined to higher education and online learning system in Pakistan needs to be examined at higher secondary and country level. (shrink)

Clinical microbiology serves as a partner to clinicians in the diagnosis and treatment of infectious diseases. Antibiotics are prescribed empirically before the availability of antimicrobial susceptibility testing data, especially when the patient's medical status could deteriorate by suspending the treatment. To investigate the impact of antimicrobial susceptibility testing on the management of outpatients with suspected bacterial infection in Libyan patients, a cross-sectional prospective study concluded on microbial microdroplet culture by including outpatients with suspected bacterial infection, who have done antimicrobial susceptibility (...) testing. Thus, 53 Libyan patients with urinary tract infections and 14 Libyan patients with skin infections were included in this study. Before the availability of antimicrobial susceptibility testing data, 25 patients were appropriately treated while 42 patients were inappropriately treated. After the availability of antimicrobial susceptibility testing data, the number of appropriately treated patients increased to 57 patients. Thus, antimicrobial susceptibility testing improved the management of 41 patients by discontinuing an unnecessary antibiotic in four patients, starting necessary antibiotic therapy in 18 patients, and changing to more appropriate antibiotic in 19 patients. However, the antimicrobial susceptibility testing has no impact on the management of 24 patients and has led to the worsening of the management of two patients. The effect of antimicrobial susceptibility testing of antibiotic de-escalation was assessed in 35 patients; however, antibiotic de-escalation occurred in six patients. Thus, data of antimicrobial susceptibility testing has improved the management of Libyan outpatients with bacterial infection but their role in antibiotic de-escalation was slight. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and (...) Miranda Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

Although an inverse relationship between religion and deviance is empirically well-established in the western context, previous studies on Islam and deviance conducted in non-western countries are limited. To address this gap in deviance research, we hypothesized that individual religiosity would be inversely related to deviance with the inverse relationship being more likely for ascetic than anti-ascetic or secular deviance. To test this hypothesis, we applied ordinary least squares and logistic regression methods to analyze data collected from 2,005 survey participants (...) of a Turkish public university student population. Regression results provided partial support for the hypothesis, as we found that religiosity was inversely related to both ascetic and secular deviance. The observed inverse relationship is noteworthy in that it was found in an institutionally secular, Muslim country. Implications of our findings are discussed. (shrink)

Child poverty is one of the biggest challenges of today, harming millions of children. In this book, it is investigated from a philosophical social justice perspective, primarily in the context of modern welfare states. Based on both normative theory (particularly the capability approach) and empirical evidence, the authors identify the injustices of child poverty, showing how it negatively affects the well-being of children as well as their whole life course. But child poverty is not 'given by nature'. It (...) is avoidable and there is certainly the moral duty to alleviate it. Therefore, Graf and Schweiger develop a normative theory of responsibilities, which clarifies the moral role of different agents in the poor child's environment: the family, the state and many others, that have so far been neglected in philosophical theories. They conclude their book by sketching how their theory can be extended to global child poverty and what it means to show equal respect and concern for every child - no matter where and in which context they were born. (shrink)

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We (...) challenge the conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines (...) his theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Many psychologists have tried to reveal the formation and processing of moral judgments by using a variety of empirical methods: behavioral data, tests of statistical significance, and brain imaging. Meanwhile, some scholars maintain that the new empirical findings of the ways we make moral judgments question the trustworthiness and authority of many intuitive ethical responses. The aim of this special issue is to encourage scholars to rethink how, if at all, it is possible to draw any normative conclusions (...) by discovering the psychological processes underlying moral judgments. (shrink)

Book under review consists of a set of articles by Wolgast that contibute in various ways to her contention that human beings arrive at a theory of justice quasi-empirically insofar as a particular group encounters and seeks to surmount experiences of gross injustice. Via such experiences they develop a community-oriented sense of justice; but they do not thereby create a reliable basis for communitarian ethics.

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a (...) challenge to another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

Using a time-lagged design, we tested the main effects of Islamic Work Ethic (IWE) and perceived organizational justice on turnover intentions, job satisfaction, and job involvement. We also investigated the moderating influence of IWE in justice–outcomes relationship. Analyses using data collected from 182 employees revealed that IWE was positively related to satisfaction and involvement and negatively related to turnover intentions. Distributive fairness was negatively related to turnover intentions, whereas procedural justice was positively related to satisfaction. In addition, (...) procedural justice was positively related to involvement and satisfaction for individuals high on IWE however it was negatively related to both outcomes for individuals low on IWE. For low IWE, procedural justice was positively related to turnover intentions, however it was negatively related to turnover intentions for high IWE. In contrast, distributive justice was negatively related to turnover intentions for low IWE and it was positively related to turnover intentions for high IWE. (shrink)

According to contextualism, the extension of claims of personal taste is dependent on the context of utterance. According to truth relativism, their extension depends on the context of assessment. On this view, when the tastes of a speaker change, so does the truth value of a previously uttered taste claim, and if it is false, the speaker is required to retract it. Both views make strong empirical assumptions, which are here put to the test for the first time (...) in three experiments with over 740 participants. It turns out that the linguistic behaviour of ordinary English speakers is consistent with contextualist predictions and inconsistent with the predictions of the most widely discussed form of truth relativism advocated by John MacFarlane. (shrink)

The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should (...) not be so suspicious of lie detection evidence if it has comparative advantages over the epistemic methods currently utilised by the legal system. In this article, I add to this growing support by making a novel comparative advantage argument in favour of brain-based lie detection evidence. The argument focuses on the P300 concealed information test (P300 CIT), which has several unique properties, and on the effect it may have on pre-trial bargaining in criminal cases rather than in-court evidence. The thesis is that P300 CIT could allow for innocent defendants to credibly signal their innocence to investigators and prosecutors during pre-trial bargaining more effectively than current proposed methods for doing the same thing. I defend this argument from a number of objections, and suggest that it opens up an interesting avenue in the ongoing debate about the merits of this technology. Although the argument is presented with the criminal law in mind, it could form part of a more general cumulative case in favour of this technology. (shrink)