Plato put housing second only to a secure food supply in the order of business of an emerging polis [Republic 2.369d); we argue, without quibbling over rank, that adequate housing ought to have fundamental priority, with health and education, in civil societies' planning, budgets, and legislative agendas. Something made explicit in the Platonic Laws, and often reiterated by today's poor — but as often forgotten by bureaucrats— is that human wellbeing, eudaimonia, is impossible for the homeless. That is, (...) adequate housing is valuable to human societies independently of its instrumental role in supporting the safety, health, and education of the populace. Currently, governments all too frequently end up undermining their own health and education programs as a direct result of neglecting the housing needs of the poor. Finally, we argue that governments ought now to be using the low-cost ways that already exist to provide, or to promote the provision of, better housing for their increasingly urbanized populations; further, even in those circumstances where it is necessary to subsidize housing, governments' most important role is to develop just regulatory and enforcement systems within which public- and private-sector investment can operate. (shrink)

Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the (...) body as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory. (shrink)

From the Arab Spring and Occupy to the London riots and student tuition fee protests, the disordered crowd has re-emerged as a focal point of anxiety for law makers. The paper examines two recent cases where the UK courts have thought about crowds. In Austin, the House of Lords connected the crowd to an idea of human nature. This essentialist rendering placed the crowd within an old analytical register where it is understood to release a primordial violence. In Bauer, the (...) Administrative Court utilised a very different sense of the ‘crowdness’ of the crowd to uphold the conviction of UK Uncut activists for aggravated trespass. In their novelty and difference, these two mutually exclusive senses of the crowd open an essential question of the relation between law and society. This paper introduces the ‘Law of Crowds’ as a distinctive way to understand the questions of protest, revolt and democracy. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more (...) liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

Background. Tahfidz learning is a learning that can change the behavior of santriwan and santriwati and develop a potential that they have such as improving the reading of the Qur'an, increasing the memorization of the Qur'an. The tahfidz house is a place where students learn, foster and develop and apply the values contained in the Qur'an in everyday life such as at home, in the community and at school. Purpose. This tahfidz activity begins with prayer, then murojaah, memorizing the recitation (...) of the Qur'an. Method. Data was obtained by giving teacher performance scales, teacher digital literacy, and online learning implementation scales. Results. The results of this tahfidz activity research begin with prayer, then murojaah, memorizing the recitation of the Qur'an. After memorizing the Qur'an, each student deposits his memorization one by one to the ustadz or ustadzah. After that the students and ustadz or ustadzah continue by playing the verse connection game in order to increase the enthusiasm of the students in memorizing so that they are not easily bored and bored, because in learning there are a lot of complaints and laziness when learning, let alone learning to memorize the Qur'an there are a lot of outside distractions. Conclusion. After the students take part in tahfiz learning, there are Islamic morals that can be applied, namely keistiqomahan, patience which is contrary to the previous morals of the students. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the (...) “One-Strike Rule,” was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants (...) Mirvac, a property group currently managing over $15 billion of assets, to become an apartment landlord that would own not one or several properties like small investors currently do but rather thousands of properties to rent out. The proposal is for Mirvac to build apartment blocks and then, instead of selling individual apartments, rent them out on long-term or indefinite leases. This build-to-rent housing scheme would of course make the real estate–investment company a great deal of money. At the same time it would do very little to alleviate the current housing crisis. Such schemes are a nonstarter for people who want the security, stability and independence of home ownership, which is a very Australian aspiration that is increasingly becoming unobtainable not only for those experiencing homelessness, but also for the poor and middle-class. Those of us who care about finding a real solution to the housing crisis would do well to consider how we got into this situation in the first place, and then consider how this might inform what we do next. The following then, traces some of the historical and philosophical roots of our understanding of property and their institutionalisation via various levels of government, especially in the Australian context. (shrink)

According to the mental model theory, causes and enablers differ in meaning, and therefore in their logical consequences (Goldvarg & Johnson-Laird, 2001). They are consistent with different possibilities. Recent psychological studies have argued to the contrary, and suggested that linguistic cues guide this distinction (Kuhnmünch & Beller, 2005). The issue is important because neither British nor American law recognizes this distinction (e.g., Roberts & Zuckerman, 2004). Yet, in our view, it is central to human conceptions of causality. Hence, in two (...) experiments, we examined our participants’ ability to distinguish between causes and enablers in scenarios describing the actions of two agents and a subsequent outcome, e.g.: ‘Mary threw a lighted cigarette into a bush. Just as the cigarette was going out, Laura deliberately threw petrol on it. The resulting fire burnt down her neighbor’s house.’ Here Mary enabled the fire to occur, whereas Laura caused the fire to occur. (shrink)

In its recent report Human Reproductive Technologies and the Law, the House of Commons’ Select Committee on Science and Technology insisted that the United Kingdom ‘does not take a purely insular view’ on sex selection but to carefully consider the impact on other countries before allowing changes to current legislation. True, no country is an island, not even the British Isles. Still, outlawing a harmless practice in Great Britain because of its alleged harmful effects in other countries is bad public (...) policy. (shrink)

BACKGROUND: -/- In its recent report 'Human Reproductive Technologies and the Law', the House of Commons' Select Committee on Science and Technology called for greater efforts to establish the potential demographic impact of sex selection across all sectors of UK society. Given the well-known preference for boys over girls among some communities, there is concern that a readily available service for social sex selection may upset the balance of the sexes. Of particular interest are the gender preferences and the demand (...) for sex selection among Pakistanis. METHODS: -/- We conducted a social survey on gender preferences and potential demand for preconception sex selection among 301 pregnant women in Karachi, Pakistan, using a self-report questionnaire consisting of 14 questions. RESULTS: -/- About 41.5% wish to have a family with an equal number of boys and girls; 3.3% would like to have only boys, 1.0% only girls, 27.6% more boys than girls and 4.3% more girls than boys, and 22.3% stated that they do not care about the sex composition of their family. Whereas 6.3% could imagine employing cytometric sperm separation for social sex selection, 76.1% could not and 17.6% were undecided. About 27.2% felt that social sex selection ought to be legal, 48.8% thought it ought to be illegal and 23.9% were undecided. CONCLUSIONS: -/- Although Pakistani women do show a statistically significant preference for boys over girls, the number of women willing to subject themselves to cytometric sperm separation appears to be too small to cause a severe imbalance of the sexes. However, further research among British citizens of Pakistani origin is needed to establish whether sex selection poses a serious threat to the sex ratio of UK communities. (shrink)

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...) war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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The history of evolution is a history of development from less to more complex organisms. This growth in complexity of organisms goes hand in hand with a concurrent growth in complexity of environments and of organism-environment relations. It is a concern with this latter aspect of evolutionary development that motivates the present paper. We begin by outlining a theory of organism-environment relations. We then show that the theory can be applied to a range of different sorts of cases, both biological (...) and non-biological, in which objects are lodged or housed within specific environments, or niches. Biological science is interested in types—for example in genotypes, phenotypes, and environment types—in regularities that can serve as the basis for the formulation of laws or general principles. Types, however, can exist only through their corresponding tokens. Our theory of token environments is meant to plug this gap and to provide a first step towards a general theory of causally relevant spatial volumes. (shrink)

Based on the wealth of scientific evidence and concepts, this theory has been formed, and its essence is as follows: 1. From the physical properties of the mind and those of the brain (the alive, processing brain), it can be concluded that the mind occurs, exists, and functions with the brain (Chapter 1) and that it is the composite of all neural information-processing processes (Chapter 2). 2. Qualia—mental phenomena that appear phenomenally in our mind and that we can consciously experience, (...) such as the vision of a house, the sound of a song, and the odor of a rose in our mind—are physical phenomena. They are governed by physical laws and are physically predictable. Specifically, they are neural-process–associated physical phenomena. (Chapters 3 & 4) 3. From the physical properties of qualia and those of special kinds of neural-process signaling patterns, which are neural information and non-material, it can be concluded that qualia are special kinds of neural-process signaling patterns, called special signaling patterns. (Chapter 5) 4. From the physical properties of consciousness and those of a special kind of reentrant signaling state, which is the neural information of the consciousness neural process and is non-material, it can be concluded that consciousness is a special kind of reentrant signaling state. 5. The fact that qualia and conscious awareness and conscious experiences of the qualia occur in only the final-stage sensory perception neural processes and the highest-level cognitive and executive neural processes, which are the latest-evolved neural processes, and never occur in the more primitive neural processes, such as the brainstem, cerebellum, and basal ganglia, or over the whole brain randomly, indicates that they are not haphazardly occurring phenomena but are evolved phenomena of the nervous system. (Chapter 5 & Chapter 6) 6. Because a neural process that performs a certain function (such as perceiving a vision) without a quale occurring and a neural process that performs that same function (such as perceiving the same vision) with a quale occurring have different information in the processes, they have different signaling patterns (to convey different information). Therefore, they have different physical effects on other neural processes, at least from the different effects of different signaling patterns. Qualia thus have physical effects. Also, because we do have conscious awareness and conscious experiences of qualia, qualia must certainly induce the consciousness neural process to function to be consciously aware of and to consciously experience the qualia. Therefore, because the consciousness neural process is a physical process, qualia cause changes in a physical process and thus have physical effects. (Chapter 5) Similarly, it can be concluded that consciousness (conscious awareness and conscious experiences) has physical effects. (Chapter 6) Therefore, qualia and consciousness are evolved neural functions that have physical effects. 7. Because a function requires resources in building, maintaining, and operating the function and may have some negative effects, if its overall effects do not help increase the survival chances of the animals that have the function, those animals and the function will likely become extinct in the evolutionary process. This is especially true for a major function in a critical organ, such as in the case of qualia and consciousness in the brain. The fact that qualia and consciousness still exist today indicates that they have been selected to remain in the evolutionary process. This means that their overall effects must help increase the survival chances of the species that have them. Qualia and consciousness, in the form that they are—phenomenal qualia and phenomenal consciousness, or qualia and consciousness that appear phenomenally in our mind—are thus evolved functions to help increase the survival chances of the species, including humans, that have them. This is the scientific answer to the other part of the hard problem of consciousness: Why do qualia and consciousness in the form of phenomenal qualia and phenomenal consciousness occur in this universe? This is also the scientific answer to one of the most basic questions of our lives: Why do “we” exist? (Chapter 5 & Chapter 6). (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

In October 2016, the White House, the European Parliament, and the UK House of Commons each issued a report outlining their visions on how to prepare society for the widespread use of artificial intelligence. In this article, we provide a comparative assessment of these three reports in order to facilitate the design of policies favourable to the development of a ‘good AI society’. To do so, we examine how each report addresses the following three topics: the development of a ‘good (...) AI society’; the role and responsibility of the government, the private sector, and the research community in pursuing such a development; and where the recommendations to support such a development may be in need of improvement. Our analysis concludes that the reports address adequately various ethical, social, and economic topics, but come short of providing an overarching political vision and long-term strategy for the development of a ‘good AI society’. In order to contribute to fill this gap, in the conclusion we suggest a two-pronged approach. (shrink)

Natural resources, especially land, play an important role in many economic problems society faces today, including the climate crisis, housing shortages and severe inequality. Yet, land has been either entirely neglected or seriously misunderstood by contemporary theorists of distributive justice. I aim to correct that in this paper. In his theory of original acquisition, Locke did not carefully distinguish between the value of natural resources and the value that we add by laboring upon them. This oversight led him to (...) the mistaken conclusion that labor mixing gives the laborer an entitlement to both the improvement and the resource. I explain how Locke's false belief that the proviso was satisfied in his time was the fundamental cause of this error, and I develop a novel reading of the proviso using the law of rent. Instead, we should think, following Henry George, that the community is entitled to the economic value of natural resources, because the community created the value of resources, not the individual improver. I discuss an argument from George's "Progress and Poverty" that self-ownership is actually inconsistent with (rather than the ground for, as Locke thought) private appropriation of natural resources. This is because a necessary condition of our equal rights as self-owners is having free access to natural resources. If we do not have such access, George argues that natural resource owners can extract surplus value from their users (though I show why Marx’s belief that capital owners can also extract surplus value is mistaken). Nozick’s infamous argument that taxation is morally on a par with forced labor proves too much for his purposes, since George shows that payment of economic rents to natural resource owners is also morally on a par with forced labor. I then develop my own view of original acquisition, inspired by George. The self-ownership of improvers gives them an entitlement to improvements that they create. But the self-ownership of everyone else precludes an entitlement to natural resources value. Natural resource rents should not be enjoyed by those who improve the resource, but rather, by all community members in proportion to the share of demand for natural resources they are responsible for. Finally, I move from ideal theory to the real world, and discuss how George’s land value tax could be implemented in practice, and what its beneficial effects would be. We should be interested in this policy for many reasons, not the least of which is the fact that the two countries that have implemented the most extensive suite of Georgist policies—Norway and Singapore—are the two wealthiest countries in the world (excluding micro-states and tax havens). Since the land value tax is not inefficient like other taxes, it is unique among social and economic policies in that it has the potential to both greatly increase and more fairly distribute society’s wealth. (shrink)

Where Humeans rule out the possibility of material or non-logical necessity, and thus of any associated knowledge a priori, the German legal philosopher Adolf Reinach defends the existence of a wide class of material necessities falling within the domain of what can be known a priori, for example in fields such as color and shape, rational psychology, law and economics. Categories such as promise or claim or obligation are, in Reinach’s view, exist as nodes in a system of necessary relations, (...) so that anyone who has experience of relevant instances of these categories is implicitly aware also of a corresponding family of relations to certain other categories – as for example that every promise implies a mutually correlated claim and obligation. Midway between the two extremes of Hume and Reinach stands Searle, who accepts necessary relations of the mentioned sorts, but sees them as human creations, following from ‘constitutive rules’ analogous to the rules of chess. We seek to demonstrate that Searle does not occupy a stable and acceptable half-way house between Hume and Reinach; that he, too, if he is to do justice to the very constitutive rules which form the center of his approach, must on pain of circularity embrace something like the Reinachian position. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the speech (...) policies of online platforms have been challenged for undermining the editorial speech rights of these platforms and allowing the proliferation of hate speech. This Article develops a democratic theory of free speech, according to which one of the most important reasons for protecting robust free speech rights is that free speech can contribute not only to democratic elections but to a democratic culture more generally. To achieve robust cultural democracy, a community’s speech environment must enable people not only to rationally persuade one another about matters of public importance and convey mutual respect to one another as political equals but also allow people to influence each other in a less articulate and rational manner—to “democratically vibe” with one another. This theory yields a qualified normative defense of government regulation of the speech policies of large social media platforms that can help to realize cultural democracy, suggesting that First Amendment doctrine should focus to a greater extent on protecting the speech rights of platform users, rather than platform owners. Although far from a ringing endorsement of H.B. 20 or S.B. 7072, this Article suggests that First Amendment law should be friendlier to state regulation of platform speech than many critics have thought. (shrink)

Poniższa dyskusja odbyła siȩ we wrześniu 2018 w Szkole Głównej Handlowej w Warszawie. Skupiła zarówno badaczy problematyki polityki senioralnej, ekspertów, analityków. Dyskusjȩ moderował i zaplanował Andrzej Klimczuk, zwi¸a}zany z SGH, natomiast zaproszenie do dyskusji przyjȩli: Barbara Szatur-Jaworska, polityk społeczny i gerontolog z Uniwersytetu Warszawskiego, Paweł Kubicki, ekonomista, SGH, Marek Niezabitowski, socjolog z Politechniki Śl¸a}skiej, Ryszard Majer, polityk społeczny, Agnieszka Cieśla, architektka i urbanistka, Politechnika Warszawska, Marzena Rudnicka, fundatorka oraz prezeska Krajowego Instytutu Gospodarki Senioralnej. Paneliści podczas dyskusji analizowali nastȩpuj¸a}ce zagadnienia: I. (...) pocz¸a}tki polityki senioralnej, jej definiowanie, dokumenty strategiczne państwa, II. rola samorz¸a}dów w animowaniu działań w obrȩbie polityki senioralnej oraz organizacji pozarz¸a}dowych, III. powstanie i rola ustawy o seniorach, IV. zróżnicowanie środowiska osób w wieku senioralnym, V. działania w innych krajach w obrȩbie polityki senioralnej, VI. zmiany w świadomości społecznej, ewolucja postaw wobec osób starszych, starości, starzenia siȩ, VII. rynek produktów i usług dla seniorów, VIII. aktywność seniorów, formalna i nieformalna, infrastruktura aktywności, IX. mieszkalnictwo dla osób starszych i starzej¸a}cej siȩ ludności X. rola państwa i samorz¸adu w polityce senioralnej, dialog z władz¸a, partnerstwo publiczno-prywatne, XI. wyzwania i kierunki rozwoju polityki senioralnej, XII. deficyt usług opiekuńczych XIII. polityka senioralna i emerytalna, XIV. konwergencja i dywergencja w polityce senioralnej. ** The following discussion took place in September 2018 at the Warsaw School of Economics. It focused on both senior politics, experts, and analysts. The discussion was moderated and planned by Andrzej Klimczuk, associated with the Warsaw School of Economics, and invited to the discussion: Barbara Szatur-Jaworska, social politician and gerontologist from the University of Warsaw, Paweł Kubicki, economist, Warsaw School of Economics, Marek Niezabitowski, sociologist from the Silesian University of Technology, Ryszard Majer, social politician, Agnieszka Cieśla, architect and urban planner, Warsaw University of Technology, Marzena Rudnicka, founder and president of the National Institute of Senior Management. Panelists during the discussion analyzed the following issues: I. Beginnings of the senior policy, its definition, strategic documents of the state, II. The role of local governments in animating activities within the framework of senior policy and non-governmental organizations, III. Creation and role of the law on seniors, IV. Diversification of the environment of seniors, V. Activities in other countries within the framework of the senior policy, VI. Changes in social awareness, the evolution of attitudes towards older people, old age, ageing, VII. The market for products and services for seniors, VIII. Seniors’ activity, formal and informal, activity infrastructure, IX. Housing for older people and ageing population X. The role of the state and self-government in the senior policy, dialogue with the authorities, public-private partnership, XI. Challenges and directions of development of the senior policy, XII. The deficit of care services, XIII. Senior and pension policy, XIV. Convergence and divergence in the senior policy. (shrink)

a houseis a structure that provides shelter for humanity. Studies have shown that in most parts of the world, urban rents are determined by various factors. These factors include location, level of facilities and services, neighborhood characteristics, space etcetera. Among these factors, the most influencing factor of rent in Wa Municipality is the level of facilities and services provided for tenant use. The objectives of this research was to examine the cost of housing construction, to determine the role played (...) by government in housing provision, recommend policies for housing provision, determine the portion of household income spent on rent. The methodology of this research is base on interplay of deskwork and fieldwork and these took the form of data collection, presentation and data analysis of findings. In the course of this study, both qualitative and quantitative primary and secondary data were collected. A summary of the findings from the research indicates that: cost of building materials is the major contributory factor to the cost of construction aside land and labour cost, the existing rent control law as currently operated have little or no impact on rent charged in the Municipality, current rent levels in the municipality are deemed to be satisfactory, besides the already documented rent determinants, population, occupation, and prospective duration of lease were also identified. One other major finding was that landlords do not take into account the room v let but take into consideration the number of people occupying the room to charge their rent and as such tenants who cannot afford to pay the full recoverable rent has to search for tenants they don‟t know. The group recommends that, There should be given a high priority to local building materials, which could reduce the cost of building and the improvement of the supply chain of various building materials; there should be a mechanism that would ensure that the Rent Control Board, the house owners and tenants would be provided with a platform where consensus building can be done in order to ensure transparency in rent charge Finally, the government should also urge the exemption of value added taxes on building components sourced locally as well as import duties on imported goods. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...) his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

The ‘expropriation of the expropriators’ is a delicious turn of phrase, one that Marx even compares to Hegel’s infamous ‘negation of the negation’. But what does it mean, and is it still relevant today? Before I analyse the content of Marx’s expression, I briefly consider contemporary legal understandings of expropriation, as well as some examples of it. In the remainder of the essay, I spell out different kinds of expropriation in Marx and focus on an ambiguity at the core of (...) the notion of ‘expropriating the expropriators’, namely, whether it describes an immanent and objective tendency within the development of the capitalist mode of production or else actively prescribes a form of revolutionary political praxis for the working class. My answer is that it does both, though not without tension. Finally, I develop some implications of these reflections by showing how the concept of expropriation can be put to use today, in struggles around housing, climate and work. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

One of the explanations for the Great Crisis of 2007-2008 was that financial authorities should have issued stricter regulations to prevent the housing bubble. However, according to Alan Greenspan, President of the Federal Reserve System (FED) from 1987 to 2006, this is to judge with hindsight. No one can guess when a “bubble” begins, nor when it ends; they happen because of the “irrational exuberance” in investors’ behavior, which causes boom and bust cycles. Regulators are not in a better (...) situation for assessing risks, though: since market participants supposedly know their own risks better than the regulator (a kind of informational asymmetry), an intervention (except to ensure law-enforcement) would imply unjustified paternalism. However, a regulator does not have to be conceived as a paternalistic authority. We sketch an objection to Greenspan's argument, arguing that crises don’t require a defective reasoning such as the “irrational exuberance” – our usual bounded rationality might be enough to provide the kind of “self-fulfilling prophecy” observed in the rise and fall of bubble assets value. Given the possibility of grave externalities, authorities are justified in adopting measures to ensure investors behave in a prudent way, even if they supposedly know better their own risks. (shrink)

The God Experiment – Let there be Light -/- The question “What is real?” can be traced back to the shadows in Plato’s cave. Two thousand years later, Rene Descartes lacked knowledge about arguing against an evil´ deceiver feeding us the illusion of sensation. Descartes’ epistemological concept later led to various theories of what our sensory experiences actually are. The concept of ”illusionism”, proposing that even the very conscious experience we have – our qualia – is an illusion, is not (...) only a red-pill scenario found in the 1999 science fiction movie ”The Matrix” but is also a philosophical concept promoted by modern tinkers, most prominently by Daniel Dennett. He describes his argument against qualia as materialistic and scientific. Reflection upon a possible simulation and our perceived reality was beautifully visualized in “The Matrix”, bringing the old ideas of Descartes to coffee houses around the world. Irish philosopher Bishop Berkeley was the father of what has later been coined as “subjective idealism”, basically stating that “what you perceive is real” (e.g., ”The Matrix” is real because its population perceives it). Berkeley then argued against Isaac Newton’s absolutism of space, time, and motion in 1721, ultimately leading to Ernst Mach and Albert Einstein’s respective views. Several neuroscientists have rejected Dennetts’ perspective on the illusion of consciousness, and idealism is often dismissed as the notion that people want to pick and choose the tenets of reality. Even Einstein ended his life on a philosophical note, pondering the very foundations of reality. With the advent of quantum technologies based on the control of individual fundamental particles, the question of whether our universe is a simulation isn’t just intriguing. Our ever-advancing understanding of fundamental physical processes will likely lead us to build quantum computers utilizing quantum effects for simulating nature quantum-mechanically in all complexity, as famously envisioned by Richard Feynman. Finding an answer to the simulation question will potentially alter our very definition and understanding of life, reshape theories on the evolution and fate of the universe, and impact theology. No direct observations provide evidence in favor or against the simulation hypothesis, and experiments are needed to verify or refute it. In this paper, we outline several constraints on the limits of computability and predictability in/of the universe, which we then use to design experiments allowing for first conclusions as to whether we participate in a simulation chain. We elaborate on how the currently understood laws of physics in both complete and small-scale universe simulations prevent us from making predictions relating to the future states of a universe, as well as how every physically accurate simulation will increase in complexity and exhaust computational resources as global thermodynamic entropy increases. Eventually, in a simulation in which the computer simulating a universe is governed by the same physical laws as the simulation and is smaller than the universe it simulates, the exhaustion of computational resources will halt all simulations down the simulation chain unless an external programmer intervenes or isn’t limited by the simulation’s physical laws, which we may be able to observe. By creating a simulation chain and observing the evolution of simulation behavior throughout the hierarchy taking stock of statistical relevance, as well as comparing various least complex simulations under computability and predictability constraints, we can gain insight into whether our universe is part of a simulation chain. -/- Index Terms—Simulation, simulation hypothesis, quantum computing, universe, life, intelligence. (shrink)

Leibniz was born near the conclusion of the chaotic period of the Thirty Years War. He studied law and then spent much of his life in the service of nobility and royalty, particularly the House of Hanover that assumed the British Crown a few years before his death. Best known for his works on metaphysics, mathematics, and logic, Leibniz's extensive political correspondence and writings concerned the foundations of law, local and international political affairs and social problems, and moral and political (...) philosophy. (shrink)

In the real world there are people who enter the homes and steal everything they find valuable. In the virtual world there are individuals who penetrate computer systems and "steal" all your valuable data. Just as in the real world, there are uninvited guests and people feel happy when they steal or destroy someone else's property, the computer world could not be deprived of this unfortunate phenomenon. It is truly detestable the perfidy of these attacks. For if it can be (...) observed immediately the apparent lack of box jewelry, penetration of an accounting server can be detected after a few months when all clients have given up the company services because of the stolen data came to competition and have helped it to make best deals. Cybercrime is a phenomenon of our time, often reflected in the media. Forensic investigation of computer systems has a number of features that differentiate it fundamentally from other types of investigations. The computer itself is the main source of information for the investigator. CONTENTS: Computing systems and storage media - Computing devices - - Peripheral devices - - External drives for media storage - Typology of data stored on specific supports – File systems - - Program that allows working with ” inactive” space - Information that can be obtained from the computing system environment Computer networks - Copper wire in computer networks - Optical fibers - Wireless LAN - Internet and Intranet Software and services - Client/server architecture - Protocols and Standards - Internet Services - - e-Mail - - - Spam - - HTTP - - Web address - URL - - Web browsers - - - Browser cookies - - Working with web pages - - - Choosing your favorite web pages - - - Keeping track of visited web pages - - - Saving web pages - - Proxy servers - - Privacy on the Internet - FTP - Instant Messaging - Peer-to-peer networks Vulnerabilities - The first attacks on the Internet - Cybercrime - - Typologies of cyber attackers - - - Classification of cyber attackers according to their skills and objectives - Classification of risks and incidents in cyberworld - - Classification as a list of terms - - List of categories - - Categories of results - - Empirical lists - Events, attacks and incidents - Online security events, actions, and targets - - Actions - - Targets - Attacks - - Tools - - Vulnerabilities - - Unauthorized results Cybercrime laws - The concept of "cybercrime" Investigations - Computer forensic investigations - Digital evidence - Digital sampling during investigations - The suspect - Witnesses in cybercrime - Transporting of samples in laboratory - Analysis of samples - Preparing team members - Computer tools Convention on Cybercrime - Preamble - Chapter I – Use of terms - Chapter II – Measures to be taken at the national level - - Section 1 – Substantive criminal law - - - Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems - - - Title 2 – Computer-related offences - - - Title 3 – Content-related offences - - - Title 4 – Offences related to infringements of copyright and related rights - - - Title 5 – Ancillary liability and sanctions - - Section 2 – Procedural law - - - Title 1 – Common provisions - - - Title 2 – Expedited preservation of stored computer data - - - Title 3 – Production order - - - Title 4 – Search and seizure of stored computer data - - - Title 5 – Real-time collection of computer data - - Section 3 – Jurisdiction - Chapter III – International co-operation - - Section 1 – General principles - - - Title 1 – General principles relating to international co-operation - - - Title 2 – Principles relating to extradition - - - Title 3 – General principles relating to mutual assistance - - - Title 4 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements - - Section 2 – Specific provisions - - - Title 1 – Mutual assistance regarding provisional measures - - - Title 2 – Mutual assistance regarding investigative powers - - - Title 3 – 24/7 Network - Chapter IV – Final provisions Recommendation No. R (95) 13 - Appendix to Recommendation No. R (95) 13 - - I. Search and seizure - - II. Technical surveillance - - III. Obligations to co-operate with the investigating authorities - - IV. Electronic evidence - - V. Use of encryption - - VI. Research, statistics and training - - VII. International co-operation Rules for obtaining digital evidence by police officers Standards in the field of digital forensics Principles in digital evidence Procedures model for the forensic examination - Hard disk examination Code of Ethics Sources and references About - Nicolae Sfetcu - - By the same author - - Contact Publishing House - MultiMedia Publishing . (shrink)

Divus Augustus Pater. The cult of divine Augustus under the rule of the Julio-Claudian dynasty -/- Summary The cult of divine Augustus was one of the most important phenomena of ideological nature under the rule of the Julio-Claudian dynasty. The crucial point of its development was the apotheosis conducted on 17 September 14 AD. The new cult was derived greatly from numerous borrowings from the rites of various gods of the Roman Pantheon. As divus, Augustus received a separate priest, a (...) private priestess, and a college of priests. The first flamen Augustalis became Germanicus. The holder of this title enjoyed many privileges. It seems unlikely, however, that flamen Augustalis controlled the entire cult of divine Augustus. This was the role of the emperor as both the supreme priest and the inheritor of political power. Sodales Augustales also had special cult functions. This religious fraternity had a mixed private-state character just like many of the institutions of the early principate. It was a cult college of gens Iulia and, most of all, of Augustus. From its beginning it enjoyed high prestige. The members of this religious fraternity were recruited among the Senate elite and the family of the emperor. Sacerdos divi Augusti occupies a different place in the priesthood established to worship Augustus. This female priesthood, despite its humble cult and political role, is of great interest to scholars. In spite of discerning investigations by researchers, there seem to have been only two priestesses in the Julio-Claudian dynasty – Julia Augusta, the widow of the creator of the principate, and Antonia Augusta. There is even no certainty that the latter had preformed the function at all. Augustus, as a god, was given a separate temple under a Senate decree. However, the construction work went slowly ahead. Therefore, divus Augustus was initially worshipped in other places of worship. At first, it was the temple of Mars Ultor. He was also worshipped in the sacrarium on the Palatine. One encounters certain difficulties when trying to identify the places of Augustus’ worship in Rome. Ultimately, there seem to have been two sacraria in the capital of the Empire. There is no certainty, however, whether yet another temple was located next to the templum novum divi Augusti on the Palatine. In trying to analyse the phenomenon of the divinity of the Roman emperors, and Augustus in particular, it is necessary to refer to the genesis of Emperor worship. Within the framework of official religion it is important to distinguish such elements as genius and numen. Although the consecratio act conducted by the Senate meant the crossing of the boundary between the human Augustus and the divine Augustus, it is important to remember that Augustus had prepared his apotheosis for a long time and already enjoyed divine honours during his lifetime. Certain elements of Augustus worship developed under his rule continued to exist for some time after the death of the creator of the principate. Augustus divinity was guarded by the law of maiestas. At the beginning of the rule of Tiberius it mostly protected divus Augustus himself. Gradually, despite some opposition, the law began to serve the ruling emperor. There is little certainty of how many cases were brought under the crimen laesae maiestatis against those who insulted the divine Augustus. The issue of trials for offending the law of maiestas is accounted for one-sidedly by ancient historians, which complicates the work of contemporary researchers. There is, however, no denying that for Tiberius (Augustus’ successor) the trials on the charge of maiestas turned out to be a trap. The cult of divus Augustus was approved throughout the Empire. Nevertheless, some weaker voices of opposition could be heard. These were present in the Senate circles cherishing the memory of the last defenders of the Republic, as well as among some ethnic and religious communities. The latter included Judaism and emerging Christianity. The political consequences of Augustus’ deification were very serious. He significantly contributed to the ruling of the Julio-Claudian dynasty for over 50 years. The main reason for that was the fact that in the Rome of that time the tradition of power succession was not yet well-grounded. Directly after the principate creator’s death, his consecratio took place – he was assigned priests and many godly honours and a temple was erected in his honour. These actions obviously took place under Augustus’ successor Tiberius who, during his rule, constantly tried to emulate the divine predecessor and referred to his decrees on numerous occasions. Tiberius was the emperor who contributed to the cult of his adoptive father to the greatest extent. However, one cannot fail to notice that his actions were somehow ambiguous. It has to be remembered that, in addition to his sincere respect for the divine Augustus, Tiberius also tried to use the authority of the creator of the principate to strengthen his power. This is exemplified by the motto imprinted on coins: DIVVS AVGVSTVS PATER. Caligula took a different approach to the Augustan cult. When assuming power after Tiberius, he was in a different position. The 20-year rule by Augustus’ successor greatly contributed to the strengthening of the idea of the principate ’s stability in the minds of the Romans. This allowed Caligula to pay less heed to the Senate aristocracy, as well as other institutional elements of the Republic. Under these circumstances, the cult of Augustus underwent modifications. Divus Augustus still remained at the heart of the religious propaganda of the Roman state and gens Iulia, but also other members of the family of the young Emperor received a number of honours drawing them closer to the world of gods. Drusilla, for that matter, was made a diva. By this, the idea of domus Augusta received a new confirmation. Caligula himself did not cease to participate in, and support, the rites performed to worship his divine grandfather. The available sources lead us to believe that Augustus constituted for the young princeps a role model and a character to which he often compared himself with. For Claudius, the use of the cult of divine Augustus was important as a tool to strengthen political power. But due to the fact that his personal links with divus Augustus were rather weak, Claudius focused on the cult of his grandmother Livia, Augustus’ wife. He also emphasised the function of sacerdos divi Augusti which his mother Antonia Augusta was to fulfil. Claudius faced the task of the ‘reconstruction’ of the cult of Augustus which had deteriorated, especially during the second part of Caligula’s rule. Claudius took a different direction in imitating Augustus than his two predecessors. Augustus’ model was very capacious, allowing him to find examples which could be adjusted to fit his own political goals and personality. Claudius avoided the stiffness characteristic of Tiberius and, at the same time, respected Augustus’ traditions which he Caligula inadvertently abused. Claudius’ attitude to Augustus is not quite clear. Undoubtedly he kept alive the memory of the first princeps, however, there is a lack of testimony about the new honours conferred on divine Augustus during the rule of this Emperor. Almost all of them concentrate around the person of Claudius or his family. There are, however, no honours conferred on the creator of the principate. This type of attitude caused the cult of divine Augustus to be eclipsed by the cult of the ruling Emperor. Nero, the last representative of the Julio-Claudian dynasty descended, unlike Claudius, directly from the line of Augustus. The new emperor deified his predecessor by using the model of Augustus’ apotheosis. In the first part of his rule he drew greatly from the Augustus model of exercising power. Nero ’s ideological platform seems to be the richest in comparison with other emperors of the Julio-Claudian dynasty. The tradition of links with divus Augustus was, however, only one of many different elements. With time, the tradition appeared to play a still smaller role. The departure from the Augustus model took place on many levels. Some of the steps were very radical, whereas others were less significant. The most serious was the elimination of the members of gens Iulia and gens Claudia, and those who could prove their kinship with both the houses. The devastation in Nero ’s closest family put an end to the concept of domus Augusta. Formally, the Emperor did not renounce the divine creator of the principate but, in practice, the idea of the new domus Augusta no longer aimed at presenting Augustus’ descendants united in a single family. Nero was now alone and any creation of ideological concepts of power under those circumstances had to be based around him. These actions ended in disaster. By giving up the Augustan model, Nero lost the support of the army and, as a result, lost power. Apart from the worship of the state religion in the capital, divus Augustus was the subject of a provincial and municipal cult. Here, the worship of divine Augustus was often a continuation, sometimes in an extended form, of the honours Augustus had been granted during his lifetime. In the cult of divus Augustus, in the provinces one can observe a mutual interweaving of elements copied from the capital model and local traditions. The beginning of the provincial cult of Augustus dates back to the rule of Tiberius. The crucial point for the establishment of the provincial cult in the West was the request of the citizens of Hispania Tarraconensis to build a temple for divine Augustus. It is important to emphasise here that he was appointed on a local initiative. In the East, the genesis of the provincial cult is related to the functioning of koinon. In comparison with the western regions, the cult here was characterised not only by longer history but also an extensive system of priesthood and rich ritual. The intensity of development of municipal and private cult in the West depended on the level of social and economic development of the regions. It assumed the most complex forms in the provinces with well-developed city life – generally in the eastern provinces. Whereas the cult of divine Augustus in the western municipal provinces was similar in character to the cult of the principate’s creator in Italy. The greatest testimony to the cult’s development comes from relatively strongly romanised and, at the same time, the wealthiest regions which had been part of the Empire for a long time. These included the mainly proconsular Africa, Spain and Narbonese Gaul. The sources coming from these regions constitute not only an illustration of the development of the cult of divine Augustus and members of domus Augusta, but are also a sign of the processes of romanisation of great numbers of city populations. It is necessary to note that outside Rome we do not encounter an isolated cult of divine Augustus. Whenever we deal with information concerning temples or rituals dedicated to the deified creator of the principate, other members of the family are also worshipped. In fact, during the whole rule of the Julio-Claudian dynasty we actually deal with the cult of divine Augustus in close association with the worship of domus Augusta – domus divina. (shrink)

Clausewitz made the intuitively appealing claim that wars tend to “absoluteness,” and that all limitations imposed by law and morality are in theory alien to it. Clausewitz of course knew that there are in practice many limitations to how wars are fought, but he saw them as contingent to what war is. Since then, however, historians such as John Lynn (Battle: A History of Combat and Culture [Westview Press, 2003]), John Keegan (A History of Warfare ([Random House,1993]) and Victor Davis (...) Hanson (The Western Way of War [Oxford University Press, 1989]) have taught us to see things differently: war is a cultural phenomenon, and the limitations that rituals and taboos impose are essential to what war is. With Conspiring with the Enemy, her intelligent and erudite book on cooperation in war, Yvonne Chiu builds on that work by showing the wide variety of forms cooperation in war can take—something that, Chiu claims, we tend to overlook and take for granted at the same time. (shrink)

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

This is the review of a book by Paula Byrne on Lord Mansfield's great-niece, Dido, whom he raised as his own daughter. Lord Mansfield was the Lord Chief Justice of England in the Eighteenth Century. The child was brought to him as an infant and grew up to become what we would today term his paralegal clerk in his Library at Kenwood House. His great-niece was the child of a black slave and his sister's son, Sir John Lindsay. This is (...) also a narrative of the British Slave trade including some of Lord Mansfield's judgements at the King's Bench Division, Royal Courts of Justice. (shrink)

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

In this review, I will focus on how William Irwin’s The Free Market Existentialist manages to take a broad definition of existentialism and narrow it into dogma. Such narrowing limits the appeal of this book and causes an interesting discussion to fall short of its promised goal: a demonstration that libertarianism is compatible, and perhaps a natural fit, with existentialism.

With the limited initial availability of COVID-19 vaccines in the first months of 2021, decision-makers had to determine the order in which different groups were prioritized. Our aim was to find out what normative approaches to the allocation of scarce preventive resources were embedded in the national COVID-19 vaccination schedules. We systematically reviewed and compared prioritization regulations in 27 members of the European Union, the United Kingdom, and Israel. We differentiated between two types of priority categories: groups that have increased (...) infection fatality rate (IFR) compared to the average for the general population and groups chosen because their members experience increased risk of being infected (ROI). Our findings show a clear trend: all researched schedules prioritized criteria referring to IFR (being over 65 years old and coexisting health conditions) over the ROI criteria (eg occupation and housing conditions). This is surprising since, in the context of treatment, it is common and justifiable to adopt different allocation principles (eg introducing a saving more life-year approach or prioritizing younger patients). We discuss how utilitarian, prioritarian, and egalitarian principles can be applied to interpret normative differences between the allocation of curative and preventive interventions. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)

The article presents the reasons for which the issue of providing housing to low-income citizens has been a real challenge in Addis Ababa during the recent years and will continue to be, given that its population is growing extremely fast. It examines the tensions between the universal aspirations and the local realities in the case of some of Ethiopia’s most ambitious mass pro-poor housing schemes, such as the “Addis Ababa Grand Housing Program” (AAGHP), which was launched in (...) 2004 and was integrated in the “Integrated Housing Development Program” (IHDP) in 2006. The article argues that the quotidian practices of communities and their socio-economic and cultural characteristics are related to the spatial attributes of co-housing practices. Drawing upon the idea that there is a mutual correspondence between social and spatial structures, it places particular emphasis on the analysis of the IHDP and aims to show that to shape strategies that take into account the social and cultural aspects of daily life of the poor citizens of Addis Ababa, it is pivotal to invite them to take part in the decision-making processes regarding their resettlement. Departing from the fact that a large percentage of the housing supply in Addis Ababa consists of informal unplanned housing, the article also compares the commoning practices in kebele houses and condominium units. The former refers to the legal informal housing units owned by the government and rented to their dwellers, whereas the latter concerns the housing blocks built in the framework of the IHDP for the resettlement of the kebele dwellers. The article analyzes these processes of resettlement, shedding light of the fact that kebele houses were located at the inner city, whereas the condominiums are located in the suburbs. Despite the fact that the living conditions in the condominium units are of a much higher quality than those in the kebele houses, their design underestimated or even neglected the role of the commoning practices. The article highlights the advantages of commoning practices in architecture and urban planning, and how the implementation of participation-oriented solutions can respond to the difficulties of providing housing. It argues that understanding the significance of the endeavors that take into account the opinions of dwellers during the phase of decision-making goes hand in hand with considering commoning practices as a source of architecture and urban planning frameworks for low-cost housing in this specific context. The key argument of the article is that urban planning and architecture solutions in Addis Ababa should be based on the principles of the so-called “negotiated planning” approach, which implies a close analysis of the interconnections between planning, infrastructure, and land. (shrink)

This chapter aims at describing the role of housing in the ageing population, on the example of Poland, which is one the fastest ageing country in the world. This issue is significant because housing well suited to the needs of older people means lower expenses in medical and social care. Seniors living in proper conditions remain not only longer healthy, but they may also stay longer active in the labor market. Housing adoption to the needs of an (...) older population means a particular challenge for Poland, where the majority of the housing stock was created in socialism and is inhabited by large by older people. It is crucial to raise awareness of age-friendly housing among the seniors, their relatives, architects, and policymakers. This purpose serves the first model apartment for seniors in Poland, which was created by the chapter's authors. (shrink)

Over the course of its six seasons, the Netflix show the House of Cards (HOC) details the rise to power of Claire and Frank Underwood in a fictional United States. They achieve power not by winning free and fair elections, but by exploiting various weaknesses of the U.S. political system. Could such a thing happen to our own democracies? This chapter argues that it is a threat that should be taken seriously, as the structure of HOC’s democratic institutions closely mirrors (...) our own, and the flaws that the Underwoods exploit are precisely those that have allowed autocrats to capture democracies “from the inside.” Of even greater concern, these flaws may flow from the nature of democracy itself. This possibility is explored by considering the events of the HOC in the light of the anti-democratic arguments of Plato and Hobbes. The chapter concludes by briefly considering responses to these arguments. (shrink)

Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...) such connections, like this one, are general rather than particular. I call these general non-causal explanatory connections 'laws of metaphysics'. In this paper I argue that some of these laws are to be found in the world at its most fundamental level, forming a bridge between fundamental reality and everything else. It is only by admitting fundamental laws, I suggest, that we can do justice to the explanatory relationship between what is fundamental and what is not. And once these laws are admitted, we are able to provide a nice resolution of the puzzle of why there are any non-fundamental facts in the first place. (shrink)

Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...) ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)