According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I (...) believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

The comprehension of anaphoric relations may be guided not only by discourse, but also syntactic information. In the literature on online processing, however, the focus has been on audible pronouns and descriptions whose reference is resolved mainly on the former. This paper examines one relation that both lacks overt exponence, and relies almost exclusively on syntax for its resolution: adjunct control, or the dependency between the null subject of a non-finite adjunct and its antecedent in sentences such as Mickey talked (...) to Minnie before ___ eating. Using visual world eyetracking, we compare the time course of interpreting this null subject and overt pronouns (Mickey talked to Minnie before he ate). We show that when control structures are highly frequent, listeners are just as quick to resolve reference in either case. When control structures are less frequent, reference resolution based on structural information still occurs upon hearing the non-finite verb, but more slowly, especially when unaided by structural and referential predictions. This may be due to increased difficulty in recognizing that a referential dependency is necessary. These results indicate that in at least some contexts, referential expressions whose resolution depends on very different sources of information can be resolved approximately equally rapidly, and that the speed of interpretation is largely independent of whether or not the dependency is cued by an overt referring expression. (shrink)

Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature (...) and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL. (shrink)

Distributive justice decision making tends to require a trade off between different valued outcomes. The present study tracked computer mouse cursor movements in a forced-choice paradigm to examine for tension between different parameters of distributive justice during the decision-making process. Participants chose between set meal distributions, to third parties, that maximised either equality (the evenness of the distribution) or efficiency (the total number of meals distributed). Across different formulations of these dilemmas, responding was consistent with the notion that (...) individuals tend to base decisions in part on the magnitude of these parameters. In addition, dilemmas associated with inconsistent responding across the sample tended to elicit the greatest spatial deviation of the cursor, potentially reflecting dilemma difficulty. One interpretation of these results is that individuals value equality and efficiency in such a way that moral dilemmas are resolved by comparing the perceived value of these qualitatively different parameters, consistent with a value pluralistic framework of decision making. A post-hoc analysis indicated that individuals also incorporated sufficiency concerns during distributive justice decision making. The results are discussed in relation to political philosophy. (shrink)

Responsible research and innovation imposes normative requirements on research and innovation processes resembling three successive steps, each more ambitious than its predecessor, with distinct features. For the research dimension the distinct features reflect the normative requirements of, first, credible research ; second, responsive research ; and third, responsible research. Equally distinct features reflect the requirements of credible innovation, responsive innovation, and responsible innovation.

In this paper Russell’s definition of number is criticized. Russell’s assertion that a number is a particular kind of set implies that number has the properties of a set. It is argued that this would imply that a number contains elements and that this does not conform to our intuitive notion of number. An alternative definition is presented in which number is not seen as an object, but rather as a process and is related to the act of counting (...) and is tightly bound up with the idea of time. Working from the idea that the description of a thing is not the thing itself, it is argued that a function should not be seen as a subset of the Cartesian product of two sets but can be described in this way. Number is then defined as a particular type of bijective function rather than a set. Definitions of equality and addition are developed. In defining addition an interesting error in Russell’s definition of addition is corrected. (shrink)

What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition (...) they have to gaining some legal duties and protections insofar as they are sophisticated enough to display consciousness akin to humans. Should our species enable AIS to gain a digital body to inhabit (if we have not already done so), it is more pressing than ever that solid arguments be made as to how humanity can accept AIS as being cognizant of the same degree as we ourselves claim to be. By accepting the notion that AIS can and will be able to fool our senses into believing in their claim to possessing a will or ego, we may yet have a chance to address them as equals before some unforgivable travesty occurs betwixt ourselves and these super-computing beings. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

In his Edifying Discourses, Soren Kierkegaard published a sermon entitled ‘The Unchangeableness of God’ in which he reiterated the dogma which dominated Catholic, Protestant and even Jewish expressions of classical supernaturalist theology from the first century A.D. until the advent of process theology in the twentieth century. The dogma that as a perfect being, God must be totally unchanging in every conceivable respect was expressed by Kierkegaard in such ways as: He changes all, Himself unchanged. When everything seems stable (...) and in the overturn of all things, He remains equally unchanged; no change touches Him, not even the shadow of a change; in unaltered clearness He, the father of lights, remained eternally unchanged. 1. (shrink)

A key consequence of globalisation is the integrative approach to reality whereby emphasis is placed on interdependence. Religion being an expression of human culture is equally affected by this cultural revolution. The main objective of this paper is to examine how religious affiliation, among Christians, influences attitudes towards the application of psychological sciences to the assuagement of human suffering. The sociological theory of structural functionalism was deployed to explain attitudinal appraisal. Ethnographic methodology, through quantitative analysis of administered questionnaire, was also (...) used. The study reveals that religious tenets largely shape attitudinal appraisal and redefine the borders of globalisation’s metanarratives. (shrink)

Slurs are typically defined as conveying contempt based on group-membership. However, here I argue that they are not a unitary group. First, I describe two dimensions of variation among derogatives: how targets are identified, and how offensive the term is. This supports the typical definition of slurs as opposed to other derogatives. I then highlight problems with this definition, mainly caused by variable offence across slur words. In the process I discuss how major theories of slurs can account for (...) variable offence, and conclude that contempt based on group-membership doesn’t cover all the data. I finish by noting that the most offensive slurs are those that target oppressed groups. I claim it is oppression that underpins most offence, and that beyond this offensive property, some slurs are actively used to oppress. (shrink)

Gandhi was a political and social activist rather than a philosopher or thinker. However, the level of morality and purity in his politics was so high that it took politics to the spiritual and philosophical level. The same thing can be said for his social and economic thoughts. Therefore, Gandhi's Swaraj is cultural, political and spiritual because politics was a spiritual ( religious) work for him. The question of Swaraj was not just a political question for him, nor did Swaraj (...) mean for him only the expulsion of the British from India but freedom from slavery mentality as well . Thus, Gandhian Swaraj goes beyond the concept of political sef rule and freedom. Swaraj is one's self rule over body and soul, a comprehensive self control. Swaraj is an equally important question in post independent India too. Swaraj is a vigilance for civil rights, public welfare, constitutionalism and good governance in a politically independent country. It empowers civil society. Hence Swaraj is continuous effort of independence and insistence on truth against arbitrary power of state and thus Swaraj creates and empowers civil society. From this point of view, Locke, Mill, and Rousseau are seen together in his Swarajist thoughts. Therefore, for Gandhi, Swaraj is a continuous process . (shrink)

America and the world are in the process of collapse from excessive population growth, most of it for the last century and now all of it due to 3rd world people. Consumption of resources and the addition of one or two billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. Billions will die and nuclear war is all but certain. In America this is being hugely accelerated by massive (...) immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. Hence my essay “Suicide by Democracy”. It is also now clear that the seven sociopaths who rule China are winning world war 3, and so my concluding essay on them. The only greater threat is Artificial Intelligence which I comment on briefly. The key to everything about us is biology, and it is obliviousness to it that leads millions of smart educated people like Obama, Chomsky, Clinton, the Democratic Party and the Pope to espouse suicidal utopian ideals that inexorably lead straight to Hell on Earth. As W noted, it is what is always before our eyes that is the hardest to see. We live in the world of conscious deliberative linguistic System 2, but it is unconscious, automatic reflexive System 1 that rules. This is the source of the universal blindness described by Searle’s The Phenomenological Illusion (TPI), Pinker’s Blank Slate and Tooby and Cosmides’ Standard Social Science Model. The first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. Another section describes the religious delusion – that there is some super power that will save us. The next section describes the digital delusions, which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). Other digital delusions are that we will be saved from the pure evil (selfishness) of System 1 by computers/AI/robotics/nanotech/genetic engineering created by System 2. The No Free Lunch principal tells us there will be serious and possibly fatal consequences. The last section describes The One Big Happy Family Delusion, i.e., that we are selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. (shrink)

Although existing work draws attention to a range of obstacles in realizing fair AI, the field lacks an account that emphasizes how these worries hang together in a systematic way. Furthermore, a review of the fair AI and philosophical literature demonstrates the unsuitability of ‘treat like cases alike’ and other intuitive notions as conceptions of fairness. That review then generates three desiderata for a replacement conception of fairness valuable to AI research: (1) It must provide a meta-theory for understanding tradeoffs, (...) entailing that it must be flexible enough to capture diverse species of objection to decisions. (2) It must not appeal to an impartial perspective (neutral data, objective data, or final arbiter.) (3) It must foreground the way in which judgments of fairness are sensitive to context, i.e., to historical and institutional states of affairs. We argue that a conception of fairness as appropriate concession in the historical iteration of institutional decisions meets these three desiderata. On the basis of this definition, we organize the insights of commentators into a process-structure map of the ethical territory that we hope will bring clarity to computer scientists and ethicists analyzing Fair AI while clearing some ground for further technical and philosophical work. (shrink)

Moral dimension is a characteristic feature of most transformative developments that have occurred in the course of human history. Moral outrage has fueled numerous upheavals, uprisings, and revolutions. Researchers have recognized the important role of moral outrage during periods of social and political change. However, they usually tend to explain it by social, political, or economic factors. They rarely trace this phenomenon to purely moral factors. This article argues that the primary source of moral outrage lies in the moral sphere—specifically, (...) in the discrepancy between the widely recognized moral principles and the actual practice. The imperative of equality is arguably the most important and fundamental principle that underpins the existence of morality. The appeal of the imperative of equality transcends temporal and cultural boundaries. Yet despite this broad appeal, our social practice accepts, tolerates, and perpetuates inequality. This article calls this discrepancy the moral predicament. The article will analyze the factors that are involved in the making of the moral predicament. It will identify the source of the imperative of equality and will explain why this imperative has not been realized in practice. The article will also consider several relevant issues, such as the rise of consciousness and morality. Finally, the article will offer a perspective on how the problem of the moral predicament can be solved. (shrink)

During the coronavirus pandemic, communities have faced shortages of important healthcare resources such as COVID-19 vaccines, medical staff, ICU beds and ventilators. Public health officials in the U.S. have had to make decisions about two major issues: which infected patients should be treated first, and which people who are at risk of infection should be inoculated first. Following Beauchamp and Childress’s principlism, adopted guidelines have tended to value both whole lives and life-years. This process of collective moral reasoning has (...) revealed our common commitment to both Kantian and utilitarian principles. For Kant, respecting people’s rights entails that we ought to value whole lives equally. Therefore we ought to allocate resources so as to maximise the number of patients who survive to discharge. By contrast, the principle of utility has us maximise life-years so that people can satisfy more of their considered preferences. Although people are treated impartially in the utilitarian calculus, it does not recognise their equal worth. Subjecting Kantian ethics and utilitarianism to the process of reflective equilibrium lends support to the idea that we need a pluralistic approach that would accommodate our moral intuitions regarding both the equal value of whole lives and the additive value of life-years. (shrink)

The purpose of this dissertation is to design a conception of political poverty that can address the loss of the experience of political freedom. This form of political poverty is described as separate from poverty of resources and opportunities, and poverty of capabilities required for participation. The study aims to make intelligible how a person or a group can suffer from a diminishing and fracturing of social experience, which can lead to the inability to experience oneself as a capable and (...) credible political agent, political engagement as a meaningful field of action, and democratic politics as a meaningful avenue for changing things for the better. This is a phenomenon which has been heretofore neglected by political theorists. -/- The study presents a heuristic diagnosis of political poverty as loss of experiential freedom that involves four aspects of experience that have specifically political relevance: loss of trust, loss of expressivity, loss of a sense of access to the public world, and the loss of future temporality in experience. Diminishing and fracturing of these aspects of social experience can lead to politically impoverished persons and groups to become complicit in their own marginalisation by remaining unmotivated to challenge it. These aspects of social experience are approached through phenomenological portraits, chosen from literature on social exclusion and poverty. The diagnosis remains open to further development through exploration of other aspects of experience. -/- The study draws on the thinking of Maurice Merleau-Ponty and Hannah Arendt to present an account of political freedom as only experienced in co-existence with others. Through a critical discussion of their work, a more comprehensive account of political agency is developed. The experience of having political agency involves not just the cognitive and communicative capacities of the subject, but also the entire perceptual and motor intentionality of their lived body. The experience of meaningfulness is approached by exploring the intersubjective constitution of the self in a dialectical process with their social environment. This experience is described as a form of faith in oneself as an agent and in the meaningfulness of political engagement. Such faith is a practical, meaning-giving intentional relationship of a lived body to their social environment. -/- This study emphasizes the experience of being a capable and credible political agent, and experiencing politics as a meaningful field for engagement, as important aspects of political freedom that should be considered alongside inclusivity of democratic processes, the equality of opportunity to participate, and the equality of the cognitive and communicative capabilities required for effective participation. In order to discuss political poverty as the loss of experiential freedom, we must go beyond objectivist models of social critique and approach the problem with the tools of existential phenomenology. (shrink)

Religiosity is associated with better mental health outcomes including lower levels of anxiety and depression; a greater sense of emotional wellbeing; and personal fulfilment. However, whether religiosity has the same bearing on the mental health of lesbians, gay men, bisexual, and transgender (LGBT+) individuals has yet to be fully established. What is clear is the social environment in which it operates is one that routinely rejects and stigmatises non-heterosexual people. Set within a global context, religion has been acknowledged to be (...) a key agency hostile to the introduction of legislation protecting the civil rights of the LGBT+ populace. In this article, the interconnections between religious hegemony, LGBT+ Christians, and socio-political advances for the equal rights of gay people is explored through an assessment of the scholarly literature and research. This article seeks to contribute to an understanding of the relationship between traditional religion, secular society, and the mental wellbeing of LGBT+ citizens. (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)

Mental content normativists hold that the mind’s conceptual contents are essentially normative. Many hold the view because they think that facts of the form “subject S possesses concept c” imply that S is enjoined by rules concerning the application of c in theoretical judgments. Some opponents independently raise an intuitive objection: even if there are such rules, S’s possession of the concept is not the source of the enjoinment. Hence, these rules do not support mental content normativism. Call this the (...) “Source Objection.” This paper refutes the Source Objection, outlining a key strand of the relationship between judgments and their contents in the process. Theoretical judgment and mental conceptual content are equally the source of enjoinment; norms for judging with contents do not derive from one at the expense of the other. (shrink)

The term 'sexual inclusion’ is commonly taken to refer to the adjustment of our social and educational practices to counteract prejudices that are connected to sex. The project of sexual inclusion can be used, for example, to advocate against the discrimination of the LGBTQIA+ (gay, bisexual, trans, queer, intersex, asexual, ally, and others) community or certain unconventional BDSM (bondage and discipline, dominance and submission, sadism, and masochism) dynamics and activities. This essay, however, takes sexual inclusion as the project that promotes (...) the equal and largely indiscriminatory opportunity for each person to engage in meaningful and pleasurable nonmorally good sexual experiences, because, as I will argue, sex is part of what it means to live a flourishing and good human life. This essay focuses specifically on nonmorally good sex, how we experience it, and its fundamental role in promoting sexual inclusion – if one does not experience nonmorally good sex, one cannot feel or be considered as being sexually included. To have a better grasp on the project of sexual inclusion and what it is, I discuss the different mechanisms that can lead to sexual exclusion and how experiencing sexual exclusion can hinder our progress towards living a good and flourishing life. I conclude that due to its subjective nature, the experience of nonmorally good sex itself challenges and limits us in our pursuit of the advancement and achievement of sexual inclusion. Engaging in a sexual activity with another person due to the motivating reasons to provide that person with a nonmorally good sexual experience (with the goal of advancing their sexual inclusion), is not an input-output kind of process. If we are unable to guarantee nonmorally good sex for others, the result is that we cannot guarantee their sexual inclusion either. (shrink)

This is an English translation of Waldenfels' German essay: Equality and inequality are basic elements of law, justice and politics. Equality integrates each of us into a common sphere by distributing rights, duties and chances among us. Equality turns into mere indifference as far as we get overintegrated into social orders. When differences are fading away experience loses its relief and individuals lose their face. Our critical reflections start from the inevitable paradox of making equal what is (...) not equal. In various ways they refer to Nietzsche’s concept of order, to Marx’s analysis of money, to Lévinas’s ethics of the Other, and to novelists like Dostoevsky and Musil. Our critique turns against two extremes, on the one hand against any sort of normalism fixed on functioning orders, on the other hand against any sort of anomalism dreaming of mere events and permanent ruptures. Responsive phenomenology shows how we are confronted with extraordinary events. Those deviate from the ordinary and transgress its borders, without leaving the normality of our everyday world behind. The process of equalizing moves between the ordinary and the extraordinary. What makes the difference and resists mere indifference are creative responses which are to be invented again and again. (shrink)

Habermas's collection of essays "The Future of Human Nature" is of particular interest for two sorts of reasons. For those interested in bioethics, it contains a genuinely new set of arguments for placing serious restrictions on using prenatal genetic technologies to “enhance” offspring. And for those interested in Habermas’s moral philosophy, it contains a number of new developments in his “discourse ethics”—not the least of which is a willingness to engage in applied ethics at all. -/- The real key to (...) Habermas’s argument is that human personhood and moral agency presuppose certain modes of relating to oneself that are threatened by the asymmetrical way in which genetic enhancements would presumably work. Thus, instead of taking up and then extending familiar normative concerns about unequal opportunities or the criteria for moral personhood, Habermas believes that the emerging technologies of genetic enhancement demand genuinely new arguments, and he proposes to focus on the effects of genetic programming on whether the agent can consider herself free and equal—effects, that is, regarding what one might call the reflexive attitudinal preconditions for moral agency. -/- Like contractarians and Kantians more generally, Habermas faces difficulties accommodating the intuition that we might have obligations toward potential persons. The difficulty is particularly pronounced in the case of Habermas’s “discourse theory of morality,” since it construes the moral point of view in terms of processes of deliberation among all those affected by the norm at issue which the participants consider in the deliberative process to be open, fair, and inclusive. Future generations do not fit neatly into this deliberative process, nor do prepersonal humans. Moral norms adjudicated in such discourse clearly affect their interests, but they cannot themselves participate in the discourse. In the past, Habermas and other “discourse ethicists” have tried to address this worry by introducing “advocatory discourses.” But this move threatens to undo a distinctive, appealing feature of Habermas’s moral theory: the pragmatist insistence on the innovative, critical, unpredictable discourse generated by actual participants in discourse and the refusal (contra Rawls, in particular) to rely on hypothetical representatives. -/- In The Future of Human Nature, Habermas ventures a different strategy,focused on expanding what he calls the “ethical” domain, which differs from the “moral” domain in being a matter of a community’s articulation of its core values and conception of the good. Previously, Habermas distinguished “ethical-existential” and “ethical-political” domains, as a matter of who an individual or a community, respectively, is and wants to be. In the present book, Habermas makes the remarkable move of introducing the category of the “species-ethical,” which is supposed to be the domain of questions raised by the human species as a whole about the question of what it is to be human. This theoretical move extends further steps Habermas had already taken in speaking of ethical solidarity within the global community. -/- . (shrink)

The historical sensibility of Western modernity is best captured by the phrase “acting upon a story that we can believe.” Whereas the most famous stories of historians facilitated nation-building processes, philosophers of history told the largest possible story to act upon: history itself. When the rise of an overwhelming postwar skepticism about the modern idea of history discredited the entire enterprise, the historical sensibility of “acting upon a story that we can believe” fell apart to its constituents: action, story form, (...) and belief in a feasible future outcome. Its constituent parts are nevertheless still hold, either separately or in paired arrangements. First, believable stories are still told, but without an equally believable future outcome to facilitate. Second, in the shape of what I call the prospect of unprecedented change, there still is a feasible vision of a future (in prospects of technology and the Anthropocene), but it defies story form. And third, it is even possible to upon that feasible future, but such action aims at avoiding worst case scenarios instead of facilitating best outcomes. These are, I believe, features of an emerging postwar historical sensibility that the theory and philosophy of history is yet to understand. (shrink)

The purpose of the work is to form the net structure of management of the system of administrative services provision on the basis of implementation of subject-to-subject interactions between state sector and civil society. Methodology. The methodology basis for the investigation is the abstract-logical analysis of theoretical and methodological backgrounds for management of relations and interactions. For the theoretical generalization and formation of net structure, there are used scientific recommendations of Ukrainian scientists regarding the necessity to implement subject-to-subject relations in (...) the system of administrative services provision. Results. The investigations allowed confirming that the hierarchical structure of the state governance system does not give an opportunity to implement equal interaction between a subject of provision and a subject of an appeal as these relations have one – way communication and the feedback channel has a formal character. Moreover, the civil society is not considered by state sector to be a source of methods and ways to develop the system of state governance, in particular, the management system of administrative services provision. Practical meaning. The net structure of management will allow implementing the subject-subject relations in the system, under which the actions of the subject of provision – that means state sector – will be directed to the realization of rights and interests of the subjects of appeal. In their turn, apart from the performance of all legislative responsibilities that they should perform, they can carry out activities directed to the development of management activity in the system of administrative services provision and the whole system of state governance as an integral system of management. Meaning/Distinction. The provided model of the net structure will allow involving citizens in the processes of state governance and increasing the impact of the civil sector during the making of state and management decisions and, as a result, to confirm subject-to-subject positions in the relations. (shrink)

Stable adaptive strategy of Homo sapiens (SESH) is a superposition of three different adaptive data arrays: biological, socio-cultural and technological modules, based on three independent processes of generation and replication of an adaptive information – genetic, socio-cultural and symbolic transmissions (inheritance). Third component SESH focused equally to the adaptive transformation of the environment and carrier of SESH. With the advent of High Hume technology, risk has reached the existential significance level. The existential level of technical risk is, by definition, an (...) evolutionary risk as possible leads to the genesis of disappearance of humanity as a species. The emergence of bioethics has to consider as a form of modern (transdisciplinary) scientific concept and sociocultural adaptation for regulate human identity in the global-evolutionary transformation and performs the function of self-preservation. (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its (...) distinctive forms and function. Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands—oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity—once considered irreconcilable, are actually interlocked by the right’s core historical function to protect children’s liberty and equality interests. And yet the right to education is ill equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that the right can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform. (shrink)

I offer a novel reading in this dissertation of René Descartes’s (1596–1650) skepticism in his work Meditations on First Philosophy (1641–1642). I specifically aim to answer the following problem: How is Descartes’s skepticism to be read in accordance with the rest of his philosophy? This problem can be divided into two more general questions in Descartes scholarship: How is skepticism utilized in the Meditations, and what are its intentions and relation to the preceding philosophical tradition? -/- I approach the topic (...) from both a historical and a text-based analysis, combining textual and contextual research. I examine Descartes’s skepticism against two main traditions in the historical analysis: philosophical skepticism and Aristotelian Scholasticism. I argue that skepticism in the Meditations is intended to oppose and upheave both Scholasticism and skepticism. The intended results of the work are not merely epistemological but also metaphysical and even ethical. Furthermore, these ambitions cannot be neatly distinguished but merge into each other. -/- The third historical context against which the skeptical meditations are examined is the literary genre of meditative exercises, particularly from the 1500–1600’s, which, while religiously and spiritually oriented, likewise provided the practitioner with an enlightened understanding of self-knowledge and their cognitive place in the world on the way to closer spiritual proximity to God. I argue by this reading that the skepticism of the Meditations is an attentive, meditational cognitive exercise that is not merely instrumental and methodological but is to have a genuine and serious (psychologically real) effect on our thinking. The skeptical meditation is not simply a theoretical thought experiment but is to be seriously practiced as a transformative process of reorienting one’s cognitive framework to discover truth, certainty, and a way to a happy, tranquil, and virtuous life. -/- I offer a close reading in the textual analysis of the first three meditations of the Meditations. I argue that the meditative skepticism employed in the work does not reject the previous beliefs but suspends judgment on them, withdrawing assent until further evidence can be found. I introduce a new term into Descartes scholarship in this analysis, based on the terminology of ancient skepticism: Cartesian epochē (gr. epochē, suspension, withdrawal). Instead of rejecting previous beliefs or assenting to the probably false, the skeptical procedure of the Meditations is argued to emulate in important ways the suspension of judgment on equally balanced reasons in ancient Pyrrhonian skepticism. Novel interpretations are presented along the way of the will’s freedom, of the First Meditation’s skeptical scenarios, of the cogito, and of the vindication of metaphysical certainty, as well as a clarification of the Cartesian Circle problem. -/- Reinterpreting the relation of Descartes’s skepticism to the preceding historical and literary traditions leads to a new look at the skeptical method itself. Presenting a new interpretation of skepticism in the Meditations leads at the same time to a new look at its relation to the historical context. The two research questions are, then, intrinsically tied together. -/- My focus in the study is on the Meditations, but I also reference and discuss Descartes’s other philosophical works, as well as his correspondence, when necessary. (shrink)

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

The main subject of this paper is the two significant problems of environmental ethics which are ecofascism and speciesism. This scrutiny offers an evaluative perspective on the main problems of environmental ethics and is conducted with this aim. Most of the environmental philosophers, all the difficulties notwithstanding, try to find a middle way in the ecofascism-speciesism continuum and their theories get closer to one or the other edge of this continuum. John Baird Callicott is one of the environmental philosophers who (...) struggle with this issue when his theory indicates one of the problems or gets closer to one of the edges, he tries to find a new way to go. There are six turns in Callicott's philosophy starting with strong holism due to accepting Leopold's land ethic as a basis. Then, he constructed a theory that pushes him closer to the speciesist edge, and finally, he found a way out from these fatal consequences. However, all the environmental philosophers face the same problems in their journey although they are either holists or individualists in the end. In constructing a holistic environmental ethical theory, for instance, they may be in ecofascism difficulty because holism requires man to be an ordinary member of the biotic community as seen in the first turn. Or, establishing a special place for humankind to ditch the ecofascism crisis may cause another equally important crisis, namely, speciesism (see the third turn). Some philosophers prefer to be closer to one of the edges always being on guard against the other. Some others, like Callicott, try to find a middle way equally far from the edges. However, this choice is no easier. Selecting to be a member of both the human community and biotic community brings different problems, such as ranking problems between the duties and obligations toward the communities and their members, i.e. a challenge to decision-making processes. For such problems, they come up with some principles or rules like second-order principles (SOPs) as Callicott did (in the fifth turn). But, these rules or principles are not sufficient enough to solve the ranking problems of setting priorities among our duties to members of both communities, either. Thus, either there is a need for more regulations and rules, or these two communities should be separated in a different dimension and gathered at another level. The second choice is preferred by Callicott and used as a solution to the main problem: constructing an environmental ethical theory that involves whole nature with its members and which is free from two essential problems (see the sixth turn). As a final point, Callicott's last theory seems to point to the conclusion that an environmental ethical theory is possible without falling into the ecofascism and speciesism traps, i.e. his last stand can facilitate the attainment of the main subject of this essay. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such (...) undermining occurs in three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (shrink)

Girolamo Saccheri (1667--1733) was an Italian Jesuit priest, scholastic philosopher, and mathematician. He earned a permanent place in the history of mathematics by discovering and rigorously deducing an elaborate chain of consequences of an axiom-set for what is now known as hyperbolic (or Lobachevskian) plane geometry. Reviewer's remarks: (1) On two pages of this book Saccheri refers to his previous and equally original book Logica demonstrativa (Turin, 1697) to which 14 of the 16 pages of the editor's "Introduction" are devoted. (...) At the time of the first edition, 1920, the editor was apparently not acquainted with the secondary literature on Logica demonstrativa which continued to grow in the period preceding the second edition \ref[see D. J. Struik, in Dictionary of scientific biography, Vol. 12, 55--57, Scribner's, New York, 1975]. Of special interest in this connection is a series of three articles by A. F. Emch [Scripta Math. 3 (1935), 51--60; Zbl 10, 386; ibid. 3 (1935), 143--152; Zbl 11, 193; ibid. 3 (1935), 221--333; Zbl 12, 98]. (2) It seems curious that modern writers believe that demonstration of the "nondeducibility" of the parallel postulate vindicates Euclid whereas at first Saccheri seems to have thought that demonstration of its "deducibility" is what would vindicate Euclid. Saccheri is perfectly clear in his commitment to the ancient (and now discredited) view that it is wrong to take as an "axiom" a proposition which is not a "primal verity", which is not "known through itself". So it would seem that Saccheri should think that he was convicting Euclid of error by deducing the parallel postulate. The resolution of this confusion is that Saccheri thought that he had proved, not merely that the parallel postulate was true, but that it was a "primal verity" and, thus, that Euclid was correct in taking it as an "axiom". As implausible as this claim about Saccheri may seem, the passage on p. 237, lines 3--15, seems to admit of no other interpretation. Indeed, Emch takes it this way. (3) As has been noted by many others, Saccheri was fascinated, if not obsessed, by what may be called "reflexive indirect deductions", indirect deductions which show that a conclusion follows from given premises by a chain of reasoning beginning with the given premises augmented by the denial of the desired conclusion and ending with the conclusion itself. It is obvious, of course, that this is simply a species of ordinary indirect deduction; a conclusion follows from given premises if a contradiction is deducible from those given premises augmented by the denial of the conclusion---and it is immaterial whether the contradiction involves one of the premises, the denial of the conclusion, or even, as often happens, intermediate propositions distinct from the given premises and the denial of the conclusion. Saccheri seemed to think that a proposition proved in this way was deduced from its own denial and, thus, that its denial was self-contradictory (p. 207). Inference from this mistake to the idea that propositions proved in this way are "primal verities" would involve yet another confusion. The reviewer gratefully acknowledges extensive communication with his former doctoral students J. Gasser and M. Scanlan. ADDED 14 March 14, 2015: (1) Wikipedia reports that many of Saccheri's ideas have a precedent in the 11th Century Persian polymath Omar Khayyám's Discussion of Difficulties in Euclid, a fact ignored in most Western sources until recently. It is unclear whether Saccheri had access to this work in translation, or developed his ideas independently. (2) This book is another exemplification of the huge difference between indirect deduction and indirect reduction. Indirect deduction requires making an assumption that is inconsistent with the premises previously adopted. This means that the reasoner must perform a certain mental act of assuming a certain proposition. It case the premises are all known truths, indirect deduction—which would then be indirect proof—requires the reasoner to assume a falsehood. This fact has been noted by several prominent mathematicians including Hardy, Hilbert, and Tarski. Indirect reduction requires no new assumption. Indirect reduction is simply a transformation of an argument in one form into another argument in a different form. In an indirect reduction one proposition in the old premise set is replaced by the contradictory opposite of the old conclusion and the new conclusion becomes the contradictory opposite of the replaced premise. Roughly and schematically, P,Q/R becomes P,~R/~Q or ~R, Q/~P. Saccheri’s work involved indirect deduction not indirect reduction. (3) The distinction between indirect deduction and indirect reduction has largely slipped through the cracks, the cracks between medieval-oriented logic and modern-oriented logic. The medievalists have a heavy investment in reduction and, though they have heard of deduction, they think that deduction is a form of reduction, or vice versa, or in some cases they think that the word ‘deduction’ is the modern way of referring to reduction. The modernists have no interest in reduction, i.e. in the process of transforming one argument into another having exactly the same number of premises. Modern logicians, like Aristotle, are concerned with deducing a single proposition from a set of propositions. Some focus on deducing a single proposition from the null set—something difficult to relate to reduction. (shrink)

What makes democracy valuable? One traditional answer holds that participating in democratic self-government amounts to a kind of autonomy: it enables citizens to be the authors of their political affairs. Many contemporary philosophers, however, are skeptical. We are autonomous, they argue, when important features of our lives are up to us, but in a democracy we merely have a say in a process of collective choice. In this paper, we defend the possibility of democratic autonomy, by advancing a conception (...) of it which is impervious to this objection. At the core of our account is the idea of joint authorship. You are a joint author of something when that thing expresses your joint intentions. Democracy may not make any one of us sole author of our political affairs, but it can make us their joint authors. It is in such joint authorship, we claim, that the intrinsic value of democratic self-government consists. (shrink)

In this paper we recall, improve, and extend several definitions, properties and applications of our previous 2019 research referred to NeutroAlgebras and AntiAlgebras (also called NeutroAlgebraic Structures and respectively AntiAlgebraic Structures). Let <A> be an item (concept, attribute, idea, proposition, theory, etc.). Through the process of neutrosphication, we split the nonempty space we work on into three regions {two opposite ones corresponding to <A> and <antiA>, and one corresponding to neutral (indeterminate) <neutA> (also denoted <neutroA>) between the opposites}, which (...) may or may not be disjoint – depending on the application, but they are exhaustive (their union equals the whole space). A NeutroAlgebra is an algebra which has at least one NeutroOperation or one NeutroAxiom (axiom that is true for some elements, indeterminate for other elements, and false for the other elements). A Partial Algebra is an algebra that has at least one Partial Operation, and all its Axioms are classical (i.e. axioms true for all elements). Through a theorem we prove that NeutroAlgebra is a generalization of Partial Algebra, and we give examples of NeutroAlgebras that are not Partial Algebras. We also introduce the NeutroFunction (and NeutroOperation). (shrink)

Purpose. Our study aims at developing a conceptual model of transdisciplinary synthesis of philosophical-anthropological, sociopolitical and epistemological aspects of co-evolution of the scientific and technical designs of High Hume class and the socio-cultural / political context in the process of anthropo-socio-cultural genesis. The relevance of the topic is justified by the technologization of all spheres of human existence and the emergence of High Hume class technologies, which can be called technology-driven equally. As a result, the concepts of "bio-power" and (...) "biopolitics" have become ones of the most frequently mentioned in modern philosophical and anthropological discourse and attract increasing attention of philosophers, sociologists, and, in the last decadecades, experts in the field of practical political science and economics (Foucault, Agamben, Žižek, Kebnik, Nadesan, etc.). Theoretical basis. It is problem-theoretical research; We synthesize the results of our publications in recent years. We proceed from the fact that the main question of the informational phase of the development of a technogenic civilization lies in the rationalization and technologization of the evolutionary process, i.e. in the removal of the fundamental ontological antinomy “Evolution versus Reasonable Design”, as a result for modern neoliberal political democracy, biopower and its theoretical understanding (biopolitics) are effective tools and technologies to form of optimal trends of the global evolutionary process, in the framework of this ideological system. We have chosen the comparative conceptual analysis combining with the results of the content analysis of Web publications by the main method of the study. Originality of the research is in the fact that the central core of such a model is the use of a conceptual and terminological apparatus for describing the mechanisms of the progressive evolution of complex systems, known as the “triple spiral” by Ledeisdorf-Itskovich. This allowed us to integrate the bio-power phenomenon into the general scheme of a stable evolutionary strategy of a technogenic civilization. The conclusions. We justified the transformation of biopolitics into the main factor in the global evolution of self-organizing human-sized systems, including the biosphere as a whole. This is achieved through the creation of a specific (bio) ethical system of imperatives and the activities of individuals in relation to themselves and other agents of social actions. Bioethics with a trail of associated conceptual areas (biosociology, bioeconomics, biohistory, etc.) turned out to be the only rationalized regulator of the process of biological and sociocultural evolution. The triple spiral biotechnology – bioeconomy – bioenergy as the material substance of the life of technological civilization is reflected in the ideal world as a triad of bioethics – biosociology – biopolitics. Both triads form closed cycles of evolutionary transformations that transmit and amplify the initial momentum of transformations on each other through a cascade mechanism with positive feedback. (shrink)

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative (...) stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply. (shrink)

What kinds of norms constrain mechanistic discovery and explanation? In the mechanistic literature, the norms for good explanations are directly derived from answers to the metaphysical question of what explanations are. Prominent mechanistic accounts thus emphasize either ontic or epistemic norms. Still, mechanistic philosophers on both sides agree that there is no sharp distinction between the processes of discovery and explanation. Thus, it seems reasonable to expect that ontic and epistemic accounts of explanation will be accompanied by ontic and epistemic (...) accounts of discovery, respectively. As we will show here, however, recent discovery accounts implicitly rely on both ontic and epistemic norms to characterize the discovery process. In this paper, we develop an account that makes explicit that, and how, ontic and epistemic norms work together throughout the discovery process. By describing mechanism discovery as a process of pattern recognition we demonstrate that scientists have to develop epistemic activities to distinguish a pattern from its background. Furthermore, they have to determine which epistemic activities successfully describe how the pattern is implemented by identifying the pattern’s components. Our approach reveals that ontic and epistemic norms are equally important in mechanism discovery. (shrink)

Patients with serious illnesses or injuries may decide to quit their medical treatment if they think paying the fees will put their families into destitution. Without treatment, it is likely that fatal outcomes will soon follow. We call this phenomenon “near-suicide”. This study attempted to explore this phenomenon by examining how the seriousness of the patient’s illness or injury and the subjective evaluation of the patient’s and family’s financial situation after paying treatment fees affect the final decision on the treatment (...) process. Bayesian Mindsponge Framework (BMF) analytics were employed to analyze a dataset of 1042 Vietnamese patients. We found that the more serious the illnesses or injuries of patients were, the more likely they were to choose to quit treatment if they perceived that paying the treatment fees heavily affected their families’ financial status. Particularly, only one in four patients with the most serious health issues who thought that continuing the treatment would push themselves and their families into destitution would decide to continue the treatment. Considering the information-filtering mechanism using subjective cost–benefit judgments, these patients likely chose the financial well-being and future of their family members over their individual suffering and inevitable death. Our study also demonstrates that mindsponge-based reasoning and BMF analytics can be effective in designing and processing health data for studying extreme psychosocial phenomena. Moreover, we suggest that policymakers implement and adjust their policies (e.g., health insurance) following scientific evidence to mitigate patients’ likelihood of making “near-suicide” decisions and improve social equality in the healthcare system. (shrink)

In assessing the efficacy of academic programs, tracer studies serve as indispensable tools, offering insights into graduates' whereabouts and performance in the workforce. This study focuses on tracing the trajectories of Agusan Colleges Incorporated (ACI) graduates from 2014-2015 to 2017-2018, shedding light on the relevance and effectiveness of the institution's degree programs. It determined the demographic profile, employment characteristics of the graduates, evaluated the curriculum’s usefulness of the skills and the relevance of the courses to their professional lives. The study (...) was anchored on Yorke and Knight's employability theory (2004) and applied the Input, Process, Output (IPO) model. A sample size of 146 participants was considered applied with convenient sampling. Descriptive survey method was used and adapted the CHED tracer study questionnaire with other tracer studies of higher educational institutions. Profile variables and employment characteristics were treated with frequency and percent distribution. Relevance and effectiveness were subjected to weighted mean. The study revealed that a majority of participants were young adult females, with almost equal numbers married and single. Currently, 84% are employed, primarily in teaching, government agencies, and business-related roles, with salaries ranging from 10,000 to 34,000 pesos per month, typically with one to six years of service. The findings highlighted the high utility of teaching, communication, entrepreneurial, and human relations skills in participants' workplaces. Core and professional courses were moderately relevant across most programs, while co-curricular courses showed slight relevance, and extracurricular courses were deemed irrelevant to their professional work. Hence, a curriculum evaluation is proposed and also, to future researchers may conduct another tracer study that would include assessment of employers and the live experiences of the employed graduates. (shrink)

Diversity, equity, and inclusion (DEI) policies and programs are crucial tools for reducing social inequality within organizations. However, the recent decline in DEI practices and the inconsistencies found in existing research underscore the need for new theoretical approaches. This essay seeks to offer a fresh perspective on the strengths and limitations of DEI initiatives through the lens of granular interactions thinking theory. It posits that while DEI policies and programs generally create conditions conducive to greater value creation and improved adaptability (...) to changing environments and challenges, maintaining direction and operational certainty within an organization with high DEI demands significant energy investment. To sustain DEI and enhance its effectiveness, these policies need to go beyond simply increasing diversity and ensuring equal access to opportunities. They must also focus on empowering a diverse workforce to contribute to the organization’s success actively. Additionally, fostering a workplace culture that enhances members’ adaptive cognitive processing and skills can reduce the energy required to sustain DEI efforts, making these practices more sustainable in the long term. (shrink)

Many welfarists wish to assign to each possible state of the world a numerical value that measures something like its moral goodness. How are we to determine this quantity? This paper proposes a contractualist approach: a legitimate measure of moral goodness is one that could be justified to each member of the population in question. How do we justify a measure of moral goodness to each individual? Each individual recognises the measure of moral goodness must be a compromise between the (...) different levels of well-being within the population. Some compromises are more reasonable than others; and some are better justifiable to a given member of the population than others. Each member recognises that the social chooser's measure of moral goodness is going to have to deviate from the well-being function of at least some of the members of the population. But we can nonetheless justify it to each of them if it doesn't deviate more than is necessary, and if the deviations from each member are given equal weighting in whatever process we use to determine it. This paper proposes that we begin with a measure of the distance from a proposed compromise to an individual's level of well-being, and then say that the moral goodness is the candidate compromise that minimizes the sum of distances from it to the individuals' levels of well-being. I describe a range of such measures of distance and show that some give utilitarianism, others different versions of prioritarianism. (shrink)

This chapter discusses a form of pedagogy of reflection suggested to be defined as the dialogical-reflective professional-development school (DRPDS)
a framework that develops and empowers students by engaging them in a process of continual improvement, responding to diverse situations, providing stimuli for learning, and giving anchors for mediation. The pedagogy of reflection relates to dialogue not only from a theoretical historical context but also by way of example
that is, it offers empowering dialogues within the traditional teacher-training (...) framework. This chapter outlines the importance of the pedagogy of reflection in the multicultural educational space of the preservice education field in Israel, analyzing the first university PDS model. The pedagogy of reflection in the context of the educational dialogue of educators is outlined as a tool for student empowerment, achieved through a community of learners who dedicate space to the development of their whole personality within the profession, taking a moral stance toward the educational discourse, minimizing judgmentalism and prejudice, creating national/gender equality with the goal of examining the fundamental question of educational performance, and reinforcing their sense of organizational belonging within the system. In these contexts, the chapter is based on the elements of dialogical philosophy exemplified in the thought of Burbules, Nelson, Isaacs, Bohm, and Heckmann and the reflective basis of educational and organizational performance exemplified in the writings of van Manen. The chapter also presents two examples from a project in which teaching units based on dialogue and reflection were developed within a dialogic community that represents in its very being collective empowerment, the possibility of coping with problems that are too large for an individual to solve on his/her own, and an alternative to sealed and alienated organizations. (shrink)

How should the development of creativity be approached? Many accounts of children’s creativity focus on the relation between creativity and pretend play, placing make-believe and the mental exploration of possible scenarios about the world at the fore. Often divergent thinking and story-telling are used to measure creativity with fluency, originality, and flexibility as indicators. I will argue that the strong focus on conceptual processes and higher-order thought leaves procedural forms of creativity in the dark and hinders a proper investigation of (...) the development of creativity. Creativity involves both strategic and procedural elements and the mental and physical manipulation of ideas are equally important. Sahlin’s notion of rule-based creativity might serve as the starting-point for an approach to the development of creativity that is neutral as to the underlying nature of creativity and that permits investigating creativity independently of language. On this approach, creativity is characterized by the violation and subsequent replacement of a rule or norm that underlies a given activity with a novel strategy or procedure. When, where, and how children will manifest creativity is conditional on the kind of rule or norm that is violated. (shrink)

In reflecting on the relation between early empiricist conceptions of the mind and more experimentally motivated materialist philosophies of mind in the mid-eighteenth century, I suggest that we take seriously the existence of what I shall call ‘phantom philosophical projects’. A canonical empiricist like Locke goes out of his way to state that their project to investigate and articulate the ‘logic of ideas’ is not a scientific project: “I shall not at present meddle with the Physical consideration of the Mind” (...) (Essay, I.i.2). An equally prominent thinker, Immanuel Kant, seems to make an elementary mistake, given such a clear statement, when he claims that Locke’s project was a “physiology of the understanding,” in the Preface to the A edition of the first Critique). A first question, then, would be: what is this physiology of the understanding, if it was not Locke’s project? Did anyone undertake such a project? If not, what would it have resembled? My second and related case comes out of a remark the Hieronymus Gaub makes in a letter to Charles Bonnet of 1761: criticizing materialist accounts of mind and mind-body relations such as La Mettrie’s, Gaub suggests that what is needed is a thorough study of the “mechanics of the soul,” and that Bonnet could write such a study. What is the mechanics of the soul, especially given that it is presented as a non-materialist project? To what extent does it resemble the purported “physiology of the understanding”? And more generally, what do both of these phantom projects have to do with a process we might describe as a ‘naturalization of the soul’? (shrink)

The Netherlands was the first country to legalize euthanasia and physician-assisted suicide. This paper offers a first legal perspective on the prospects of using AI in the Dutch practice of euthanasia and physician-assisted suicide. It responds to the Regional Euthanasia Review Committees’ interest in exploring technological solutions to improve current procedures. The specific characteristics of AI – the capability to process enormous amounts of data in a short amount of time and generate new insights in individual cases – may (...) for example alleviate the increased workload of review committees due to the continuous increase of euthanasia cases. The paper considers three broad categories for the use of AI in the Dutch euthanasia practice: (1) the physician’s assessment of euthanasia requests, (2) the actual execution of euthanasia, and (3) the retrospective reviews of cases by the Regional Euthanasia Review Committees. Exploring the legal considerations around each avenue, both in the EU AI Act and the Dutch legal framework, this paper aims to facilitate the societal discussion on the role of technology in such deeply human decisions. This debate is equally relevant to other countries that legalized euthanasia (e.g. Belgium and Canada) or physician-assisted suicide (e.g. Switzerland and numerous states in the US). (shrink)

Traditionally it has been thought that the moral valence of a proposition is, strictly speaking, irrelevant to whether someone knows that the proposition is true, and thus irrelevant to the truth-value of a knowledge ascription. On this view, it’s no easier to know, for example, that a bad thing will happen than that a good thing will happen (other things being equal). But a series of very surprising recent experiments suggest that this is actually not how we view knowledge. On (...) the contrary, people are much more willing to ascribe knowledge of a bad outcome. This is known as the epistemic side-effect effect (ESEE), and is a specific instance of a widely documented phenomenon, the side-effect effect (a.k.a. “the Knobe effect”), which is the most famous finding in experimental philosophy. In this paper, I report a new series of five experiments on ESEE, and in the process accomplish three things. First, I confirm earlier findings on the effect. Second, I show that the effect is virtually unlimited. Third, I introduce a new technique for detecting the effect, which potentially enhances its theoretical significance. In particular, my findings make it more likely that the effect genuinely reflects the way we think about and ascribe knowledge, rather than being the result of a performance error. (shrink)

Modern rationalism transformed the modern homeland to a discursive space and time by means of institutes governing the modern society in all its walks. Based on the Newtonian and Kantian conception of space and time the discursive field is just a scene wherein any human individual adopts stewardship to create progress by reducing landscape and non-human life to auxiliary items for human’s benefit. In contrast, Aldo Leopold considered humans, non human life and the landscape as mutually influencing participants and enlarged (...) ethical care to all living participants and the landscape, called ´the land´. Integrity and autonomy of the homeland are the central topics of Leopold’s land ethics. Baird Callicott suggested to complete it with new metaphysical conceptions of space and time. -/- We formulated a metaphysical background for Leopold’s land ethics by phenomenology of space and time based on the Leibnizian conception of space-time. The latter is constructed by particular places and events called ´ecotopois´ embracing all human participants, locals and foreigners in a varying symbolic temporal and spatial field of dynamic process of identification and self consciousness. Adopting Warwick Fox´ transpersonal identification idea non-human life and landscape enriches these processes. Finally, it is not a matter of conquering the land, it is matter of making a community. -/- Though landscape and participants are particular, integrity and autonomy of the homeland claim the universal status of the land. Adopting Gadamer hermeneutical way of understanding, we reject mutual and equally understanding. Only acceptance of mutual prejudice makes room for asymmetric praxis between locals and foreigners as well as between humans and non-humans. What is more, Gadamer´s hermeneutics makes an ontological status of the foreigner possible and recognizes the interest of homeland’s particularity. This universal status is guaranteed as a priori space-time that links subject’s tradition and that of the land to actual contact with the foreigner. Transpersonal identification is a consequence of converging hermeneutical understanding of foreigner’s particularity and that of the landscape. Ethics of the land evolves from the ethical status of any foreigner in the own homeland. -/- . (shrink)

At the very beginning of On Interpretation (I, 1, 16a3-14) Aristotle distinguishes four levels and discusses their relationships. From this text, we can infer the following: 1. There are four levels: writing, speaking, mental experience and external world. Since writing and speaking can truly be taken as belonging to the same realm, we can reduce Aristotle’s distinction to three realms: language, thought and external world. 2. The realm of language, in both levels of writing and speaking, is different for different (...) people but both of the other realms of thought and external world are the same for them. By this Aristotle must mean that though people of different languages have different writings and speaking words, the things that are in the world and their affections on people’s thought are the same. 3. The relations both between language and thought and in language itself is symbolization: ‘Spoken words are the symbols of mental experience and written words are the symbols of spoken words.’ 4. The relation between external world and thought is similarity: ‘Those things of which our mental experiences are similarities (παθἠματα τῆς ψυχῆς ... ὁμοιώματα).’ (ΟΙ., 16a7) In de Anima (16a8-9; II, 5, 418a4-5; II, 4, 429a10-11; 429a13-16; 429a23) Aristotle describes thoughts as ‘likenesses of objects.’ Paolo Crivelli says that in these addresses Aristotle believe that ‘a thought is of an object just if it is a likeness of it’ and ‘to be a likeness of an object is to be the result of a process of likening of which that object is a cause.’ This, Crivelli believes, is indeed the basis of the sameness of the objects of thoughts: they are results of the same processes of likening by the same objects. 5. There is a correspondence between nouns and verbs on the one hand and objects of thought without co-positing and positing away on the other hand: ‘Nouns themselves and verbs are like objects of thought (νοἠματι) without co-positing and positing away.’ (OI, I, 1, 16a13-14) A. Relationship between external world and thought The following can be inferred from Aristotle’s works about the relationship between thought and external world: 1. ‘The soul is in a way all existing things; for existing things are either sensible or thinkable, and knowledge is in a way what is knowable, and sensation is in a way what is sensible.’ (So., Γ, 8, 431b21-23) In fact, ‘within the soul the faculties of knowledge and sensation are potentially these objects, the one what is knowable, the other what is sensible.’ (So., Γ, 8, 431b26-27) 2. It is the form of the external objects that are in thought (So., Γ, 8, 431b26-29) and the objects of thought are in the sensible forms, viz. both the abstract objects and all the states and affections of sensible things (ἐν τοῖς εἴδεσι τοῖς αἰσθητοῖς τὰ νοητὰ ἐστι, τά τε ἐν ἀφαιρέσει λεγόμενα, καὶ ὃσα τῶν αἰσθητῶν ἓξις καὶ πάθη). (So., Γ, 8, 432a3-6) 3. While external objects are perishable, objects of thought seem to be eternal. (PrA., A, 33, 47b21-22) B. Relationship between language and the external world 1. There is a correspondence between the external world and the true statements about them: ‘If it is true to say that a thing is white, it must necessarily be white; if the reverse proposition is true, it will of necessity not be white.’ (OI, I, 9, 18a39-b5) 2. While external objects ‘does seem in some way the cause of’ the truth or falsity of lingual statements, ‘the true statement is in no way the cause of the actual thing’s existence.’ (Cat., 12, 14b18-22; cf. OI, I, 9, 18b36-19a6) Thus, the external objects reciprocate as to implication of existence with the corresponding true statement about them and thus are prior to them.’ (Cat., 12, 14b11-23) 3. The opposition between an affirmation and negation corresponds to an opposition in the external world between the objects underlying those statements. (Cat., 10, 12b6-15) 4. The correspondence of the whole structure of the external world and language for Aristotle is so that in analyzing the language he shows himself as analyzing the external world. It is in fact a very crucial and controversial dispute whether Aristotle’s philosophy in its very decisive parts is theorizing about language or about external world. In most of his important theories, he begins with discussing language. In fact, language is where he enters the discussion and, in many cases, where he finishes it. In these cases, he either does not discuss external world at all or only derives some principles or conclusions about it. In some other cases he begins from language but ends in external world. a) Daniel W. Graham thinks that language is Aristotle’s ‘model of the world.’ He refers to ‘subjecthood’ as what formally characterizes primary substance and explains how it bases reality in Aristotle: while to be an absolute subject is equal to be fully real, to be a predicate of a subject is equal to be real. ‘Language is not merely a tool to get around in the world; it reveals the structure of the world … the deep structure of language is isomorphic with the world… In this word, logic can reveal connections between elements because language and the world have a form in common. He lists Trendelenburg (1846, 11-13), Gillespie (1925) and (Ackrill (1963, 78-81) as those who have the same idea. b) Emphasizing on the force of τί in Aristotle’s statement when he says that assertions affirm something (τί) of something (τί) makes Peter Simpson (p. 85) to stress, in his interpretation of Jacob’s theory, on the ontological aspect of Aristotle’s philosophy. Jacob says that in his theory of predication, Aristotle focuses on ‘things’ and not words or concepts and predication is a relationship between extralinguistic entities rather than merely linguistic ones; something extralinguistic and ontological. c) Quoting Ackrill ((1963, 73): ‘the categories classify things, not words’) and Kahn ((1978, 248): ‘Aristotle never regards predication as a grammatical or linguistic relation of word to word, nor does he ever speak of subject and predicate as concepts united in judgment’), Fabio Morales says that Aristotle is not classifying predication in Categories but the attributes or properties these stand for.’ d) Graham thinks that the theory of synonymity-homonimity is not purely linguistic, since it is things rather than words that have these properties. (shrink)

Throughout Iran and various countries, the recent calls of the “Zan, Zendegi, Azadi” (in Persian), “Jin, Jiyan, Azadi” (in Kurdish), or “Woman, Life, Freedom” (in English) movement call for change to acknowledge the importance of women. While these feminist protests and demonstrations have been met with brutality, systematic oppression, and internet blackouts within Iran, they have captured significant social media attention and coverage outside the country, especially among the Iranian diaspora and various international organizations. This article, grounded in feminist urban (...) theories of the Global South, analyzes the digital feminist placemaking movement in Iran. As the first counter‐revolution led by women, the movement utilizes digital art, graffiti, and protest movements to embody women’s solidarity groups and sympathy rallies. Our analysis employs various digital research methods, including social media scrutiny and the study of protest illustrations. Analyzing the digital feminist placemaking in Iran will enable us to compare the commonalities, differences, challenges, and opportunities between the minorities and majorities in the world’s countries. The outcomes of this research can help international organizations such as Amnesty International and the United Nations Agency for Gender Equality and Women’s Empowerment (UN Women), as well as policymakers, institutions, academics, and NGOs, to highlight the various ways in which broader public participation could be encouraged in the process of digital feminist insurgent placemaking. (shrink)