Separation of powers is one of the ideas with profound theoretical and practical significance, especially in the field of political science. The birth of the theory of separation of powers marked the transition from the barbaric use of power in authoritarian societies to the exercise of civilized power in democratic societies. Therefore, separation of powers is considered an objective necessity in democratic states, a condition to ensure the promotion of liberal values, and a criterion for assessing the existence (...) and development of the Rule of Law where people's sovereignty plays a paramount role. On the way to perfecting political thinking, the theory of separation of powers has developed into a complete system in the main philosophy of John Locke. Within the scope of the article, the author focuses on analyzing Locke's ideology of separation of powers in terms of the nature of separation of powers, the basis and some principles of power division, and the roles of the different parts of government power and the relationship between them. (shrink)

The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power (...) conferred on each branch. As the stare decisis is a rule in the common law countries, it is less prospective to anticipate that a quantum leap can be made for the new paradigm of constitutional government in the US. In this challenge, the paper deals with the sensitive area of three powers involving the issue of presidential privilege and immunity, justiceability and standing, as well as judicial control of public agencies. In the course of discussion, several landmark cases were illustrated to make a point for the angulated controversies, typically involving the pressing pubic issues and officers of absolute or qualified immunity. Given the diverse structure of government, the US model had been followed by many new born republics in 20th centuries. The author would wish that the paper provides a comparative lesson for the circle of those countries. (shrink)

We present a simple example that disproves the universality principle. Unlike previous counter-examples to computational universality, it does not rely on extraneous phenomena, such as the availability of input variables that are time varying, computational complexity that changes with time or order of execution, physical variables that interact with each other, uncertain deadlines, or mathematical conditions among the variables that must be obeyed throughout the computation. In the most basic case of the new example, all that is used is a (...) single pre-existing global variable whose value is modified by the computation itself. In addition, our example offers a new dimension for separating the computable from the uncomputable, while illustrating the power of parallelism in computation. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and (...) a second, "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put it: "...we (...) propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...) in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

Starting from the special theory of relativity it is argued that the structure of an experience is extended over time, making experience dynamic rather than static. The paper describes and explains what is meant by phenomenal parts and outlines opposing positions on the experience of time. Time according to he special theory of relativity is defined and the possibility of static experience shown to be implausible, leading to the conclusion that experience is dynamic. Some implications of this for the relationship (...) of phenomenology to the physical world are considered. (shrink)

Riemer’s recent paper on the perception of time discusses a neglected yet important topic in the psychological literature: the consequences for psychology (and psychophysics) from the ‘anisotropy’ of time. The paper presents an argument that there are unique kinds of challenges for psychophysics from such temporal anisotropy: (a) Challenges because the psychological experience of time has temporal anisotropy and the physical concept of time does not have temporal anisotropy. (b) Challenges for experimental research which are unique to temporal anisotropy. -/- (...) Although it is important to consider temporal anisotropy, I think there are reasons to deny the force of both kinds of challenges. (shrink)

In this introduction to contemporary conceptions of time and change, I investigate what our experience of time, that is, our experience of change, seems to be and ask whether or not we can say that how it seems could match the reality. My conclusion is that more recent contemporary conceptions of time can do this but that more intuitive or traditional conceptions cannot. Thus, the more contemporary conceptions are preferable for research into time consciousness.

In this paper, we argue that Plotinus denies deliberative forethought about the physical cosmos to the demiurge on the basis of certain basic and widely shared Platonic and Aristotelian assumptions about the character of divine thought. We then discuss how Plotinus can nonetheless maintain that the cosmos is «providentially» ordered.

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to human well-being. (...) The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and (...) extensive interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

This chapter discusses the structure of our temporally extended agency. We do not have the power to act directly at a distance, so any of our temporally extended projects must be sustained over its temporal unfolding by momentary actions. We need both the capacity to organize these momentary steps in light of a synoptic overview of the extended activity as a whole and to sustain our motivation to continue to pursue the extended activity. Hence, the distinctive mode in which (...) we act over time is that of ’planning agency,’ which requires a form of temporal identification that goes beyond mere psychological continuity. I then discuss the differences in internal structure between merely continuous and integrated activities, and between telic and atelic ones. I provide a taxonomy of the different kinds of temporal goods and values and how these structures might bear on the risk of crisis of meaning in our temporal existence. I then touch briefly on the issue of how our mortality might make a difference to the structure of what we find valuable and how it relates to the temporal features of our agency. In the closing section, I discuss the effects of the moving temporal location of the agent (with her local executive powers) relative to her extended pursuits, including the asymmetries generated by the distinction between past and future stages of the activity and the moving horizon of what the agent can anticipate and (indirectly) control. (shrink)

This paper offers an overview of the ways agents might extend over time and the characteristic structure of extended human agency. Agency can extend in two distinct but combinable modes: the ontological, which gives rise to simple continuous agents; and the conceptual, which gives rise to agents who conceive of and care about distal times, and have minimal planning abilities. Our extended form of agency combines both. But we are still limited by the temporal locality in the operation of our (...) psychological and executive powers. To account for this locality, I introduce the notion of 'temporal selves,' as the loci of immediacy in the agent's determination of their psychology, conduct, and practical standpoint. I argue that the passage of time generates, by itself, the threat of temporal alienation from distant temporal selves. A genuinely extended agency requires temporal identification: the sharing, by separate temporal selves, of a temporally extended and integrated practical standpoint. This temporal identification cannot be produced simply by temporal identity as continuity. What is required is temporal identity in the mode of unity and integration. This identity does not precede temporal identification but is co-constituted with it. I offer a preliminary account of the structure of the units of integration for agents who aspire to persist in the mode of unity and integration. I close with a cautionary note: the complex structure of integration, although familiar in everyday life, is often missed by standard philosophical accounts, which tend to focus on simple models of extended agency. (shrink)

Both G.F.W. Hegel and Carl Schmitt took seriously the problem of political sovereignty entailed by liberal political theories. In Dictatorship (1919) and Political Theology (1922), Schmitt rejects liberal political theories that argue for the immediate unity of democracy and legality i.e., popular sovereignty, because he thinks they cannot secure political sovereignty. In the Philosophy of Right, Hegel denounces popular sovereignty for similar reasons. Yet given Schmitt’s negative assessment of Hegel their positions are seldom related to one another. I argue in (...) this paper that Schmitt’s analysis of liberal political theories is similar to Hegel’s analysis of Rousseau’s liberal ideas. I contend, however, that Schmitt’s solution, which collapses the distinction between the executive and the legislative power in favor of the former, fails to secure political sovereignty. Contrary to Schmitt, Hegel conceives of the liberal predicament as a basic determination of any political state that rests on the division of the legislative and executive power. Hegel argues that the constitutional monarchy is a genuine instantiation of political sovereignty that can maintain not only the division of these powers, but also their unity. In this regard, I argue that Hegel’s conception of the division of powers provides a more convincing theory of the problem afflicting modern states than Schmitt’s and at least deserves to be taken more seriously by critics of Schmitt’s solution such as Hannah Arendt, Leo Strauss, Jurgen Habermas, Andreas Kalyvas and Chantal Mouffe. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

Fifteen years after the September 11th terror attacks, the United States still exists in a state of exception or state of emergency, in which the executive branch claims extraordinary powers to carry out bombing strikes or drone attacks in foreign nations and to engage in surveillance against its citizens outside the boundaries of international and constitutional law. This blog-piece argues for a restoration of the constitutional limiuts on sovereign executive powers and a cessation of the war on terrorism.

When political philosopher Hannah Arendt introduced the concept of ‘banality of evil’ she did so in reference to the actions of Germans who appropriated the doctrines of National Socialism “thoughtlessly” and without obvious intentions to do evil. But, Arendt’s description of this phenomenon entails that such banality can be found even in a democracy such as the USA. The relation of law and morality must therefore be unambiguous to defend the rule of law against the rule of men. However, a (...) legal philosophy other than positivism is essential to safeguard the Republic against the overreach of executive power. And, where the psychopathology of Donald Trump is at the core of America’s electoral discontent in 2020, as mental health professionals have argued, there is all the more reason to take Arendt’s counsel especially seriously today. It is in this context that it is argued here that the American public must beware Trump’s inducement of America’s banality of evil. (shrink)

This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have (...) been deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

SUMMARY The research focuses on the three main political parties in Albania, namely Socialist Party, Democratic Party and Socialist Movement for Integration. Its objectives are to measure the Intra-Party Democracy(IPD) in the Albanian political parties and to explore the meaning that party members attach to it. The IPD is understood and broken down into categories and sub-categories so that parties in particular and all interested actors in the field of political parties and democracy could understand, which component of IPD parties (...) are performing better and where they are performing worse. IPD is measured against two dimensions: inclusiveness and decentralization. Inclusiveness denotes the extent to which party members have the right to express their opinions and participate in the decision-making process. With decentralization is understood the process which makes possible the decentralization of the decision-making process from the highest national party level to party sub-national levels and party members. In a decentralized party, subnational party units enjoy a certain level of autonomy from the party in the center. The analysis is based on both primary and secondary data. Content analysis of party statutes particularly focuses on measuring IPD, while focus groups with party members and interviews with high-ranking officials of the political parties are used to explore the meaning that party members have on IPD, as well as validate content analysis findings. The main findings are: -/- Content Analysis of Party Statutes: Parties do have rules that govern their internal life, however these rules need to be improved in order to strengthen IPD. Especially problematic were the provisions for the role of the executive committee and party president, which provide these two institutions, especially the leader of the party with powers that don’t hold him/her accountable to the party members and middle level organs. Furthermore, members were not sufficiently involved in the procedures of candidate nominations for MPs, in the election of the national Executive and Executive Committee and in the election of the Party President. The analysis also finds that voting procedures are not sufficiently at place to allow members express their will and participate in the decision-making process and that members are not or little consulted in terms of programmatic issues. The analysis of the relationship between the national and subnational levels of party organization revealed that the center of the party has accumulated power to the detriment of the subnational units which enjoy little autonomy in the decision-making process. -/- Focus Groups and Interviews: The study finds that party members linked system-level democracy with IPD and that they have a very clear understanding if IPD: what it is and how it could be achieved. They linked IPD with the structure and organization of the party, seeing it as an important instrument that allows for decentralization of power and integration of rank and file into the decision-making process. The party members considered the statute as an important educational political tool and invoked it whenever disputes rose or decisions had to be taken. They linked IPD with the electoral system and considered that closed list proportional was a system that strengthened the power in the hands of the few at the party top executive level and weakened IPD. (shrink)

Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way (...) to render absolute power illegitimate and to create an order that breeds citizens, not subject. In this, the article claims, Locke is a Whig rather than a continental liberal. He worries about state omnipotence and the threat it poses for citizens. Though resorting to an abstract construct—state of nature—he still is a common sense, English thinker, far from a continental reformer who would thoroughly redesign the existing order. (shrink)

Dietrich Bonhoeffer was executed in Flossenbürg concentration camp in Germany in 1945 for being an “upstander” in Rivka Weinberg’s sense. He was an anti-Nazi conspirator, and he and some of his fellow Christians (he was a Lutheran pastor) were hanged in connection with a failed attempt to assassinate Adolph Hitler. Bonhoeffer’s resistance to racist hatred stands in sharp contrast to what he calls “Christian radicalism,” a total withdrawal from or an attempt to “improve” upon God’s creation, something Bonhoeffer characterizes as (...) “hatred” of the world. “When evil becomes powerful in the world,” he wrote, “it infects the Christian, too, with the poison of radicalism” (Bonhoeffer 1955, 87). He presumably had Christian collaboration with Nazi genocide in mind. Today different examples might occur to us. ... (shrink)

Anscombe famously argues that to act intentionally is to act under a description, and that “it is the agent's knowledge of what he is doing that gives the descriptions under which what is going on is the execution of an intention.” Further, she takes ‘knows’ to mean that the agent can give these descriptions herself. It would seem to follow that animals cannot act intentionally. However, she denies this, insisting that although animals cannot express intentions, they can have them. But (...) how can we speak without equivocation of humans and animals acting intentionally while maintaining that linguistic expressibility is an essential characteristic of only human action? The human capacity for articulation, I argue, transforms animal intention in the following way: Whereas animal intentions are immanent in their behavior, human action is an actualization of the power to make judgments about what is to-be-done; this confers on human intentions a distinctive sort of independence from behavior. (shrink)

This paper explores how the Leviathan that projects power through nuclear arms exercises a unique nuclearized sovereignty. In the case of nuclear superpowers, this sovereignty extends to wielding the power to destroy human civilization as we know it across the globe. Nuclearized sovereignty depends on a hybrid form of power encompassing human decision-makers in a hierarchical chain of command, and all of the technical and computerized functions necessary to maintain command and control at every moment of the (...) sovereign's existence: this sovereign power cannot sleep. This article analyzes how the form of rationality that informs this hybrid exercise of power historically developed to be computable. By definition, computable rationality must be able to function without any intelligible grasp of the context or the comprehensive significance of decision-making outcomes. Thus, maintaining nuclearized sovereignty necessarily must be able to execute momentous life and death decisions without the type of sentience we usually associate with ethical individual and collective decisions. (shrink)

What occurs in the mind of an expert who is performing at their very best? In this paper, I survey the history of debate concerning this question. I suggest that expertise is neither solely a mastery of the automatic nor solely a mastery of intelligence in skilled action control. Experts are also capable of performing automatic actions intelligently. Following this, I argue that unconscious-thought theory (UTT) is a powerful tool in coming to understand the role of executive, intelligent action (...) control in the fluidly automatic performance of expertise. Relying on a body of empirical evidence concerning the cognitive structures and perceptual strategies employed by experts, I show that the realm of skilled action is an ideal environment within which the powers of unconscious cognitive processing can have positive effects on action. I conclude that experts rely upon unconscious thinking in the production of intelligently automatic skilled actions. (shrink)

It has become somewhat of a platitude to call Aristotle the first epigenesist insofar as he thought form and structure emerged gradually from an unorganized, amorphous embryo. But modern biology now recognizes two senses of “epigenesis”. The first is this more familiar idea about the gradual emergence of form and structure, which is traditionally opposed to the idea of preformationism. But modern biologists also use “epigenesis” to emphasize the context-dependency of the process itself. Used in this sense development is not (...) simply the unfolding of a pre-determined sequence of changes specified in advance by the organism’s genotype. It is also sensitive to inputs from the internal and external environment, which help determine in real-time which of the many potential developmental pathways are actualized during the process. Within this paradigm developing embryos are viewed as dynamic and responsive systems that react to inputs from the internal and external environment ‘on the fly’. In this paper I argue that, while Aristotle was an epigenesist in the first sense, he would have rejected epigenesis in the more modern sense. First, Aristotle’s model of choice for a developing embryo is the automaton that executes a set of preset movements (GA 734b9-13, 741b7-15). The automatons he has in mind are not dynamic AI systems capable of modifying their behaviour on the fly in response to environmental cues but completely deterministic mechanisms whose movements are fixed by their original design. Second, given Aristotle’s views about the different kinds of causal powers there are, it looks like only intentional agents endowed with actual decision-making powers could be capable of the sort of plasticity at the core of a more dynamic epigenesis. For that kind of epigenesis requires powers for alternative outcomes, and Aristotle is explicit that such powers require rational desires (προαίρεσις) that control which of those alternatives to bring about. If I am right, then he could not have made sense of the idea of a developing embryo (as a non-intentional system) making adjustments to its phenotype on the fly in response to emerging problems and opportunities, given the conceptual resources available to him. (shrink)

It is increasingly acknowledged that creativity cannot be fully understood without considering the setting where it takes place. Building on this premise, we use the concepts of niche construction, scaffolding, coupling, and functional integration to expound on the environmentally situated nature of painters’ studio work. Our analysis shows studios to be multi-resource niches that are customized by artists to support various capacities, states, and actions crucial to painting. When at work in these personalized spaces, painters do not need to rely (...) solely on their “inner” powers of imagination, memory, decision making, and technique to execute their paintings. Instead, with the help of carefully selected resources, they can offload elements of creative mentation and action onto the studio niche and enact different forms of a creative agency. To put more flesh on these ideas, we examine how painters use existing artworks, memory aids, and music to scaffold the creative process. Overall, our analysis illuminates underexamined aspects of environmentally situated creativity and demonstrates the broader utility of the applied concepts for future creativity research. (shrink)

Colour information not only helps sustain the survival of animal species by guiding sexual selection and foraging behaviour but also is an important factor in the cultural and technological development of our own species. This is illustrated by examples from the visual arts and from state-of-the-art imaging technology, where the strategic use of colour has become a powerful tool for guiding the planning and execution of interventional procedures. The functional role of colour information in terms of its potential benefits to (...) behavioural success across the species is addressed in the introduction here to clarify why colour perception may have evolved to generate behavioural success. It is argued that evolutionary and environmental pressures influence not only colour trait production in the different species but also their ability to process and exploit colour information for goal-specific purposes. We then leap straight to the human primate with insight from current research on the facilitating role of colour cues on performance training with precision technology for image-guided surgical planning and intervention. It is shown that local colour cues in two-dimensional images generated by a surgical fisheye camera help individuals become more precise rapidly across a limited number of trial sets in simulator training for specific manual gestures with a tool. This facilitating effect of a local colour cue on performance evolution in a video-controlled simulator (pick-and-place) task can be explained in terms of colour-based figure-ground segregation facilitating attention to local image parts when more than two layers of subjective surface depth are present, as in all natural and surgical images. (shrink)

Introduction: The objective of this investigation is to analyse the informational circuits of the brain connections with the body from neurologic and neuroscience point of view, on the basis of the concepts of information promoted by the Informational Model of Consciousness. Analysis: Distinguishing between the virtual and matter-related information promoted by the Informational Model of Consciousness, the main specific features of consciousness are analyzed from the informational perspective, showing that the informational architecture of consciousness consists in seven groups of specific (...) activities, defined as cognitive centres, each of them with specific distinct tasks, but correlated each other: centre of acquisition and storing of information (memory), centre of decision and command (decision), centre of the emotional states (emotions), centre of the body maintenance (power and health), centre of the genetic elaboration/transmission (reproduction) and the info-genetic generator, inherited from the parents (predispositions, talents and skills). A special centre, dedicated to the connectivity with some extra-power properties of the mind is also introduced, assuring an intimate supra-sensitive detection of the world to explain the associated phenomena of the near-death experiences. Result: The activity of all these centres should be supported neurologically by the brain neuro-connectivity to the body and to external and internal info-signals. On the basis of the informational analysis, the neuro-connections of the brain regions associated to the main characteristics of the cognitive centres are highlighted, showing the anatomic and neuro-functional relation between the distinct components of the brain and the specific operating body regions. These connections describe in terms of information the brain-body neuro-activities as informational specific circuits, composed by the info-operational subsystems managed by the brain, and sensors, transducer and execution elements. Conclusion: The components and connections mind-body stipulated by the Informational Model of Consciousness are supported by the neurologic/neuroscience evidence. (shrink)

Children continue to be overlooked as a topic of concern in discussions around the ethical use of people’s data and information. Where children are the subject of such discussions, the focus is often primarily on privacy concerns and consent relating to the use of their data. This paper highlights the unique challenges children face when it comes to online interferences with their decision-making, primarily due to their vulnerability, impressionability, the increased likelihood of disclosing personal information online, and their developmental capacities. (...) These traits allow for practices such as hypernudging to be executed on them more accurately and with more serious consequences, specifically by potentially undermining their autonomy. We argue that children are autonomous agents in the making and thus require additional special protections to ensure that the development of their autonomy is safeguarded. This means that measures should be taken to prohibit most forms of hypernudging children and thus ensure that they are protected from this powerful technique of digital manipulation. (shrink)

In Explaining Attitudes, Baker argues that we should treat our everyday practices as relevant to metaphysical debates, resulting in a stance of realism with respect to intentional explanations. In this chapter I will argue that if one is going to be a practical realist about anything, it should be the self, or subject of attention. I will use research on attention combined with the stance of practical realism to argue in favor of a substantive self. That is, I will present (...) an account of the self that directs and controls attention, in line with our everyday view of the self. I will contrast this account with what I call the “illusion view,” which presents the self and its apparent causal power in the case of attention as an illusion. My account of the self will make use of several of Baker's ideas, including non-reductive materialism and broad supervenience. (shrink)

In its reaction on the terroristic attacks of September 9th, 2001, the US-government threatened Afghanistan's Taleban with war in order to force them to extradite terrorist leader Bin Laden; the Taleban said that they would not surrender to this kind of blackmail – and so, they were removed from Kabul by means of military force. The rivalling versions of this story depend crucially on notions such as "terrorism" and "blackmail". Obviously you'll gain public support for your preferrend version of the (...) story if you are able to determine how those notions are to be used. So we had better reflect about their very meaning and about the moral implications of their proper usage. To gain a deeper understanding of our notions of "blackmail" and "terrorism" I shall propose an extreme thought experiment: Cassandra's plan. Cassandra foresees that sooner or later one of the nuclear powers might take the liberty to use atomic bombs. From fright she founds an NGO for blackmailing the statesmen who are in charge of nuclear weapons; she announces in public that all ministers and leaders of any government shall be hunted down, and executed, whose soldiers drop but one atomic bomb. (Cassandra's NGO keeps killer teams in constant training so as to increase the effect of the threat; this is being financiated from private donations). In my paper I shall raise two questions (without claiming to provide definite answers). First, would we have to say that Cassandra's NGO was a terrorist organisation? Second, would it be morally wrong if Cassandra blackmailed statesmen in the way indicated? (shrink)

DARWIN’s (1859, 1871) discoveries have profound ethical implications that continue to be misrepresented and/or ignored. In contrast to socialdarwinistic misuses of his theory, Darwin was a great humanitarian who paved the way for an integrated scientific and ethical world view. As an ethical doctrine, socialdarwinism is long dead ever since its defeat by E. G. Moore although the socialdarwinistic thought is a hard-die in the biological community. The accusations of sociobiology for being socialdarwinistic are unfounded and stem from the moralistic (...) fallacy that is, a false assumption that morality is good by definition. Both social and developmental psychology demonstrate that the moral agency is a motivational device for executing reciprocity that remains at the core of any morality across all studied societies and throughout the ontogeny of moral judgment. The level of true universalizing ethical reflection (KOHLBERG’s postconvential stages or GIBBS’s existential phase) is achieved by a small minority of humans, thus showing that Homo sapiens is a moral but not an ethical animal. While the origin of reciprocity has been perfectly explained by sociobiology, the evolutionary assembly of affective and cognitive elements that make up the moral agency is being successfully studied by the social/personality/developmental psychology as extended to non-human primates. As DARWIN (1871) expected, the key innovation for the evolution of moral agency was the emergence of empathy that evolved independently at least three times: in elephants, dolphins and primates. Empathy has a motivational power of its own; it is also necessary for moral agency that requires two cognitive abilities: reflective self-consciousness and understanding of causality; the two make possible the attribution of responsibility. All these requirements are met by the chimpanzees whose moral agency operates in dyads. In contrast, the human moral agency allows for a third party intervention that opens up vast opportunities for ideologies, especially religions, to use and misuse the moral agency to enforce a reciprocation that may be harmful to both individuals and the entire group. Also, the moral agency is known to enforce enhanced intragroup cohesion and loyalty in response to conflict and war, which suggests that the two prima facie opposed human universals, morality and warfare, may have coevolved. The most important ethical consequence that follows from the increasing understanding of the primate moral agency is that every received morality is ethically flawed, none can be taken as a paragon of goodness, and each needs corrections by science-informed ethics. In fact, Darwin pioneered the integration of science and ethics, an approach that has come to be appreciated only recently under the heading of consilience. (shrink)

Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.

This paper examines demonic agency and epistemology in the thought of Augustine. When Augustine claims that demons can “work miracles,” he means this in a specific sense: the actions and intelligence of demons are only miraculous from the standpoint of humans, whose powers of perception and action are limited in relation to those of demons. The character of demons’ bodies and the length of their lives provide abilities beyond what humans possess, but, as natural, created beings, demons adhere to the (...) physical rules of nature. Demons possess neither supernatural powers, nor perfect knowledge. Just as our wonder ceases when we are shown how a magic trick is executed, human astonishment makes way for rational understanding once we comprehend demonic nature. (shrink)

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

The administrative discretionary act differs from regulated act because while the latter refers to the simple execution of the law, the former refers to cases where there is some leeway for a further understanding and application of the rule. For example, discretionary is necessary when the law can provide two possible proceedings, none of which is mandatory. It is also necessary when legislation merely indicates its ends, without specifying the means to achieve them. When it is not dissociated from the (...) exercise of the discretion of a constituted authority, discretionary is the opposite of arbitrariness. After defining this important notion, this paper emphasizes two highlights of it, namely, that the foundation of its power lies in the law itself, and that the distinguishing feature of a discretionary act is the justification of the reasons for the decision. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Drawing on recent work in psychology, I argue that there are not one but several distinct virtues pertaining to willpower or strength of will: (1) the disposition to exercise willpower; (2) a distinctively volitional kind of modesty, or moderation in exposing oneself to volitional strain; and (3) a distinctively volitional kind of confidence, or proper inattention to the possibility of volitional failure. A multiple-virtue conception of willpower, I argue, provides a useful framework for cultivating a good relationship to one’s own (...) volitional limitations; resists an unhealthy emphasis on ‘powering through’ volitional obstacles; and avoids controversial empirical assumptions without giving up on making progress in ethical thought about willpower. I answer objections that the latter two virtues are incompatible, and that they add little of value to hope or belief in success. I then argue that combining these virtues requires a kind of flexible attention which, while difficult, is both psychologically possible and desirable. (shrink)

Our brain is solely responsible for every work we perform and execute. Through this article, we have attempted to classify the way through which our brain gets polluted, which ultitmately leads to the declination in the functioning power of our brain.

In _The Conscious Mind: In Search of a Fundamental Theory_, David Chalmers poses an interesting and powerful challenge to materialism or physicalism. Further, he goes a long way towards providing a proof by example that the rejection of materialism need not commit one to scientifically suspicious “ghost in the machine” doctrines, but can be wedded to a generally naturalistic perspective. As an (as yet) unpersuaded physicalist and functionalist, his case against physicalism seems an appropriate target for criticism. However, it would (...) be beyond the scope of the present paper—or anything of similar length—to attempt a full-scale reply. A full-scale reply could be executed in brief compass only if Chalmers were guilty of (and rested his case entirely upon) some relatively simple mistake. But he does not. If he is mistaken, the mistakes are more subtle and difficult to bring to light. Instead, I shall outline the essentials of his case against materialism, attempt to point to one problem that appears to infect his views and argue that, if his position is to be acceptable, he needs to deal with it more adequately than he has so far. (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...) United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

The attendance is taken in every organization. Traditional approach for attendance is, professor calls student name & record attendance. For each lecture this is wastage of time. To avoid these losses, we are about to use automatic process which is based on image processing. In this project approach, we are using face detection & face recognition system. The first phase is pre-processing where the face detection is processed through the step image processing. It includes the face detection and face recognition (...) process. Second phase is feature extraction. Step by step execution of these techniques (Image Processing) helps to achieve the final output. The working of this project is to detect and recognize the face and mark the attendance for the corresponding face in the database. Input of this project is face detection and recognition and output is to mark the attendance. Our project is being presented as a solution for the Automatic Attendance Marking System. It is designed to be reliable and low power. The Automatic face detection and recognition proposed to attendance marking in database acts as the solution for the automatic attendance marking system.. (shrink)

This paper argues that there is a conflict between two principles informing Locke’s political philosophy, namely his waste restriction and his strong voluntarism. Locke’s waste restriction is proposed as a necessary, enforceable restriction upon rightful private property holdings and it yields arguments to preserve and redistribute natural resources. Locke’s strong voluntarism is proposed as the liberal ideal of political obligations. It expresses Locke’s view that each individual has a natural political power, which can only be transferred to a political (...) body through the individual’s voluntary, actual consent. On this view, the legitimacy of a political power is dependent upon its subjects’ actual consent to its authority. After briefly outlining these two ideas informing Locke’s conception, I argue that we cannot maintain both at the same time. Therefore, contemporary Lockeans must either derive restrictions upon private property concerned with preserving natural resources from other aspects of Locke’s theory or they must accept weak voluntarism as the ideal of political obligations. I argue that both alternatives pose significant problems for the Lockean project. (shrink)

One element in the choice of a constitutional design or model of democracy is the criterion of efficiency. Different political scientists, however, understand the word ‘efficiency’ in different ways. The author suggests a distinction between its two main meanings: (1) efficiency-action capacity and (2) effectiveness-socioeconomic performance. It is not just socio-economic effectiveness that is important, but also political efficiency-action capacity. Efficiency-action capacity is closely linked with the theory of democracy put forward by Schumpeter and adopted by the majority of political (...) scientists today. Thus efficiency is essential not only for the government (in that it simplifies the operation of power) but also, and even more importantly, for the governed, for the citizens (in that it simplifies the choice and peaceful removal of the rulers, i.e. the executive). (shrink)

Cloud Computing is a developing field and lean toward by numerous one at current yet it's rage is part more rely upon its execution which thusly is excessively rely upon the powerful booking algorithm and load adjusting . In this paper we address this issue and propose an algorithm for private cloud which has high throughput and for open cloud which address the issue of condition awareness likewise with execution. To enhance the throughput in private cloud SJF is utilized for (...) planning and to conquer shape the issue of starvation we utilize limited pausing. For stack adjusting we screen the heap and dispatch the activity to the minimum stacked VM. To acquire advantage and to have open door for future upgrade out in the open cloud condition cognizance is the key factor and for better execution and load adjusting likewise wanted. While stack adjusting enhances the execution, the earth awareness increment the benefit of cloud suppliers. (shrink)

Human activity has reshaped all parts of the Earth system. For this reason, a vast majority of geologists at the 35th International Geological Congress in Cape Town (September 2016) spoke out in favor of changing the classification of geological epochs and of declaring a new world age – the Anthropocene. This chapter points at implications that the proclamation of the Anthropocene should have for the currently relevant concept of democracy. In particular, it is argued that the transition into a new (...) phase of geology also necessitates a further advancement of our form of government. Democracy, as it has been conceived of and practiced until now, has to a large extent ignored the problem of ‘presentism’. This chapter suggests an extension of the 300-years-old separation of powers between the legislative, executive and judicial branch. It is argued that in order to make our political system more future-oriented, there is a need for a new (fourth) branch which ensures that the interests of future generations be taken into account within today's decision-making process. A newly-established ‘future council’ should have the right to introduce legislation, integrating the competences of this new institution with those of parliament. The chapter concludes with a discussion about the legitimacy of offices for future generations (OFGs) as the embodiment of the proposed future branch. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute settlement mechanics. (...) In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

The book provides a theoretical explanation of the major outcomes of Ethiopia’s social revolution, namely, the overthrow of Emperor Haile Selassie in 1974 and the implementation of a far-reaching Marxist-Leninist revolution by a military committee (the Derg) and its collapse in 1991. The book extensively discusses the question of knowing whether existing theories of revolution throw light on the eruption of a radical revolution in Ethiopia and, most of all, whether they can accommodate the major anomaly of a socialist revolution (...) being executed by a military committee that radicalized after the removal of the imperial regime. Hence the central thesis of the book: both the overthrow of the monarchical order and the radicalization of the Derg must be tied to social conditions that exasperated elite conflicts for scarce resources, with the consequence that the espousal of radical ideologies (socialism and ethnonationalism) became the sole avenue for the exclusive control of state power. Moreover, the book shows how the struggle of exclusive elites for the control of the state explains the Derg’s need to put its fate in the hands of a providential leader, to wit, Mengistu Haile Mariam. In light of the theoretical debate over the role of charismatic leaders in history, the book establishes how Mengistu’s narcissism led him to become the sole owner of the revolution and how his dictatorial rule brought about his own demise and that of the Derg, following the military defeat of the Ethiopian army in the hands of ethnonationalist insurgents. Another fundamental contribution of the book is a theoretical articulation of political conflicts and ideology that critically intervenes in the divisive issue of the primary cause of revolutions. Granted that ideology is more of a justification than a drive, the Ethiopian case illustrates how conflicts between mutually exclusive elites favor the path of political outbidding mobilizing utopian projects so as to galvanize the support of the masses. The perceived transcendence of utopia from partisan politics gives the proof that ideology is a predatory form of thinking in that it hijacks values belonging to different cognitive and affective realms for the purpose of empowering exclusionary interests. -/- . (shrink)

Based on the argumentative analysis, the essential title is interpreted within its entitle as it leaves bias open 'along the lines' as to whether the January 6th insurrection that took place on Capitol Hill was or was not justified or unjustifiably ‘so’ by Jean-Jacques Rousseau’s right to revolution. Detailed evidence to support and prove such intended thesis stretches this theoretical statement as it gambles to reckon with a central paradoxical and unhumored tone that leaves the reader and/or author’s perspective to (...) be ‘centered’ (and left due to a play of ‘centeredness’). As it pertains to the fallout and outcome of how governmental, national, and militaral leadership (given the reality of a sovereign leader or a reign). Presentational style is constructed or structured oddly awakes uncontrollable, uncensored, unmeasurable, and untouchable personification that is nonstop. Such series of quoted citations are pieces of instruction that serve to admire and of acceptability in pursuit of Rousseauian logic as it poses a modest figurative language where its main objective is to attempt to underline the principles and techniques that plague post-modernists within the scope of legislative, executive, or even judicial systems of functionalities. (shrink)