Liang Tao and Kuang Zhao, trans. Confucian rights can be characterized as a kind of “fallback apparatus,” necessary only when preferred mechanisms—for example, familial and neighborly care or traditional courtesies—would otherwise fail to protect basic human interests. In this paper, I argue that the very existence of such rights is contingent on their ability to function as remedies for dysfunctional social relationships or failures to develop the virtues that sustain harmonious Confucian relationships. Moreover, these remedies are not, strictly speaking, rights-based, (...) for having a right consists in having the power to claim one's rights for oneself, which the classical Confucians would curtail. I conclude by noting how we might revise standard assumptions about the practice of “claiming one's rights” to make it more compatible with core Confucian principles. 梁涛 匡钊译 儒家权利可称为是一种“备用机制”（fallback apparatus），诉诸权利仅当其他首选机制，如家族与邻里的关怀或对传统礼俗的依赖等，不能有效维护人们的基本利益时才是必要的。儒家权利的存在取决于其补救功能，其需要补救的是儒家谐社会关系及相应美德中 出现的危机、过失。但儒家的补救并不完全是基于权利之上的，古典儒家不认为人民可以代表自己提出主张，也不认为民众可以直接推翻昏庸的暴君，有抵抗权的主要是汤、武等第一级的贵族。对于儒家国家来讲，从制度上认可 人民的权利主张可能是获得社会和谐最有效的手段。. (shrink)

In earlier papers (Lindström & Rabinowicz, 1989. 1990), we proposed a generalization of the AGM approach to belief revision. Our proposal was to view belief revision as a relation rather thanas a function on theories (or belief sets). The idea was to allow for there being several equally reasonable revisions of a theory with a given proposition. In the present paper, we show that the relational approach is the natural result of generalizing in a certain way an approach to belief (...) revision due to Adam Grove. In his (1988) paper, Grove presents two closely related modelings of functional belief revision, one in terms of a family of "spheres" around the agent's theory G and the other in terms of an epistemic entrenchment ordering of propositions. The "sphere"-terminology is natural when one looks upon theories and propositions as being represented by sets of possible worlds. Grove's spheres may be thought of as possible "fallback" theories relative to the agent's original theory: theories that he may reach by deleting propositions that are not "sufficiently" entrenched (according to standards of sufficient entrenchment of varying stringency). To put it differently, fallbacks are theories that are closed upwards under entrenchment The entrenchment ordering can be recovered from the family of fallbacks by the definition: A is at least as entrenched as B iff A belongs to every fallback to which B belongs. To revise a theory T with a proposition A, we go to the smallest sphere that contain A-worlds and intersect it with A. The relational notion of belief revision that we are interested in, results from weakening epistemic entrenchment by not assuming it to be connected. I.e., we want to allow that some propositions may be incomparable with respect to epistemic entrenchment. As a result, the family of fallbacks around a given theory will no longer have to be nested. This change opens up the possibility for several different ways of revising a theory with a given proposition. (shrink)

Efforts to ban Autonomous Weapon Systems were both unsuccessful and controversial. Simultaneously the need to address the detrimental aspects of AWS development and proliferation continues to grow in scope and urgency. The article presents several regulatory solutions capable of addressing the issue while simultaneously respecting the requirements of military necessity and so attracting a broad consensus. Two much stricter solutions – regional AWS bans and adoption of a no first use policy – are also presented as fallback strategies in case (...) achieving AWS’ compliance with the Laws of Armed Conflict proved elusive. Together, the solutions presented form an outline of a flexible regulatory strategy able to adjust to different technological outcomes and providing a sensible compromise to solve the current deadlock on the AWS issue. (shrink)

Jeffrey King's principal objection to the direct-reference theory of demonstratives is analyzed and criticized. King has responded with a modified version of his original argument aimed at establishing the weaker conclusion that the direct-reference theory of demonstratives is either incomplete or incorrect. It is argued that this fallback argument also fails.

There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference of (...) the Parties in 1997 at Kyoto, as the organizing force of all serious legal actions. There are two foci of the UNFCCC and Protocol - mitigation of the causes of climate change and adaption to the effects of climate change. In the first ten years of life with the UNFCCC, much of the focus was upon mitigation. During that period, adaptation was regarded as only a regrettable fallback position to be considered if we were unable (or as it turns out, unwilling) to mitigate. (shrink)