This work explores the increasing militarization of borders throughout the world, particularly the United States border with Mexico. Rather than further rhetoric of "border security," this work views increases in guards, technology and the building of walls as militarized action. The goal of this essay is to place the onus upon states to justify their actions at borders in ways that do not appeal to tropes of terrorism. This work then explores how a logic of security infiltrates philosophical discussions of (...) "the right to exclude," thereby curtailing the ability to see borders in any other way than as a locale that must be militarized. Specifically, I analyze the work of Michael Blake and his juridical theory of immigration restrictions. I argue that his work necessitates the walling of borders and removal of those who create new obligations for current members of existing political institutions. (shrink)

Human rights have a legal and a moral side. In the context of this contribution and from the legal‐philosophical aspect, two characteristics are particularly important in the distinction between law and morals. Law is enacted and set forth in a formalised manner, while morals take effect in an informal way; and law is backed by an institutional system that guarantees sufficient dependability of enforcement (while morals are enforced by means of spontaneous social processes). As regards the classification of human rights, (...) we must differentiate between their domestic, European and global spheres of application: in western constitutional states, human rights are fully juridified as fundamental rights; they are thus both juridical and moral rights. They have likewise assumed a juridical character in the European framework, in particular through the ECHR system, while at the same time remaining moral rights. At a global level, in contrast, there are still substantial deficits in their enforcement. In a long and continuing process, however, the enforcement mechanisms are being progressively strengthened. Human rights are thus at global level now moral rights that are increasingly attaining juridical validity. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first (...) outline of the similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in colonising (...) Africa and other regions. While international law claims universal liberalism today, the current system based on sovereign nation-states represents not social inclusion but fierce and dangerous exclusion. -/- The central thesis of this book is that the development of legal sovereignty was, rather than part of the modernist progress narrative, a historically contingent evolutionary regression. While other social systems such as economics and science became globalised, politics and law counterintuitively became more territorialised. It is argued that the nation-state today is not only anachronistic but is dangerously ill-equipped for facing international problems such as the climate crisis or global pandemics. Finally, it also leaves African states and many other formerly-colonised territories at a particular disadvantage by regulating their political practices into a predefined mould. (shrink)

Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up (...) a normative gap between objective law and subjective rights. In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights. (shrink)

The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what (...) can this impact be. In order to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept. (shrink)

Serviciile de informații interne, externe și militare, serviciile de securitate și alte departamente de informații și protecție realizează cunoașterea, prevenirea, contracararea sau înlăturarea, după caz, a amenințărilor la adresa securității naționale. În asigurarea stării de securitate, un rol fundamental îl reprezintă cunoașterea disfuncționalităților, vulnerabilităților, factorilor de risc, amenințărilor și pericolelor la adresa acesteia, care se realizează prin identificarea/transmiterea de către alte organe competente, a priorităților informaționale, căutarea și obținerea de informații Pentru securitate, analiza/prelucrarea acestora și transmiterea/diseminarea acestora către factorii de (...) decizie împuterniciți din punct de vedere legal pentru prevenirea și contracararea deciziilor. Acest obiectiv se realizează prin acțiunile operative specifice structurilor de informații, instituțiilor statului, integrate organic în administrația statului, pe baza unui suport juridic adecvat, a responsabilității depline a autorităților politice și a controlului parlamentar. (shrink)

This article sheds light on managing and utilizing scientific and technological funds (Sci-Tech funds) in Vietnam.

Scientific journal presented by Bogdan Khmelnitsky Melitopol State Pedagogical University, Ukraine, Melitopol. Main points: 1. Actual Problems of Modern Philosophy 2. Researches in Philosophy connected with natural components, sociological aspects and self - identity development.

This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of (...) the general will. By contrasting these two views, I aim to illuminate one of the main features of Kant’s theory of property, namely, that ownership rights are only possible in a rightfully constituted state. I conclude with a suggestion regarding Kant’s view of the notion of ‘provisional’ possession in the state of nature. (shrink)

From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own disapprobation (...) of suicide. Nevertheless, Kant's basic conception of autonomy underlies both of these otherwise distinct forms of lawgiving, such that acts of suicide and capital punishment are rendered equally irrational within his overall framework. (shrink)

Both ‘Sachverhalt’ and ‘state of affairs’ seem to have been derived from the juridical ‘status’ in the sense of 'status rerum' meaning: state or constitution of things. ‘Status’ signifies also in an extended sense ‘the way things stand, the condition or peculiarity of a thing in regard to its circumstances, position, order’. We describe the history of usage of ‘Sachverhalt’ from these beginnings, addressing the role of Goclenius, Lotze, Stumpf, Husserl and Adolf Reinach, whose theory of the (...) relations between judgment and Sachverhalt served as one starting point for the development of Reinach’s theory of speech acts in 1913. (shrink)

In this essay, I try to go through the questions and analysis that Judith Butler puts on Althusser’s work—reading fundamentally and almost exclusively the essay on the “Ideological State Apparatus” from 1970, and the relationship she maintains in her reading with the Freud’s concept of repression and the Lacanian “symbolic order”. My central hypothesis is that it is the Foucauldian reading of Freud and Lacan, begun early in 1990 with Gender Trouble, that guides Butler in his interpretation of the (...) Althusserian concept of interpellation understood almost exclusively from the perspective of the “hailing” example that Althusser provides in his essay from 1970. This leads Butler to a reading that I characterize here as biographical—for its obscene reliance on a particular episode in Althusser’s life: the murder of Helène Rytman—and anti-Cartesian, insofar as it attempts reading the ideological readiness of the subject as something beyond the split of the cogito, and materially effected by an ontological repetition. The problem with Judith Butler's concept of repression is its unappealable juridical nature—which is paradoxical for an erudite reader of Michel Foucault—insofar as the agent of repression appears as analogous to the State and therefore it results assimilable with rebellions “melancholic” subjectivity. This conflation of the psychological and the social is conducive to some mass psychologism, which forgets Althusser’s debt to Lacan when elaborating his theory of ideology. I proceed to investigate the origins of this theory in the text “Three Notes on the Theory of Discourses” (1968) and in the recently published Que faire (2018). My tentative conclusion is that there is an idea of supplementary violence (in the Lacanian sense of plus-de-jouir) constitutive of the unconscious in Althusserian theory of ideology that cannot be overlooked, and that is linked to his reading of Freud. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that (...) upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

The concept of ‘Ethnicity’ still enjoys some currency in the historical and social science literature. However, the cogency of the idea remains disputed. First coming to prominence in the 1980s, the word is often used to depict the character of social relations in the context of conflicts over sovereignty. The case of Northern Ireland presents a paradigmatic example. This article is a rejoinder to Ian McBride’s contention that my scepticism about the notion lacks justification. With reference to disputes over the (...) state, I show in response that ‘ethnicity’ in effect means nationality. I further claim that the nation state is a successor to the dynastic state. In clarifying the meaning of this arrangement, the article brings out how the nation is a juridical rather than empirical category. More specifically, it derives from the notion of corporate personality in law. For this reason, its retrospective integrity is a matter of fabrication, depending on the fiction of ancestral continuity. At the same time, its future-oriented cohesiveness means that it must be invested with a unifying will. I conclude that the legitimacy of a nation state rests on its democratic will, whose coherence is expressed in the action of its government. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, (...) I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand (...) function of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

This article gives a critical account of Agamben's contention that the camp is the paradigm of 'bio-politics' in the west. It analyses the deficiencies of this paradigm by means of comparison with other approaches to juridical topics and political theory (e.g., the treatments of the topics of force and state power in liberalism and Foucault). First, I ask about the features Agamben ascribes to the camp space and in what respects they support his contention that the camp has (...) general significance. Second, I question the reasons he gives for his view that the camp situation discloses the general tendencies of legal codes and practices in the West. In particular, I ask whether, as Agamben contends, his approach allows tendencies in the West that would otherwise be obscure to be identifiable, or whether his approach is too speculative to be useful as political theory. (shrink)

The correct identification of the abuse of political power during the COVID-19 crisis remains a challenge because officially declaring the pandemic allowed political representatives to exercise additional power disguisable as the maintenance of functioning social order under the principle of preserving humankind. One way to observe the abuse of power in its excess is the degree of compliance exhibited by the people who laid juridical restrictions for the purpose of combating COVID-19. The behaviour of political representatives was evidence of (...) political exceptionalism, for political representatives, as decisive authorities, were the first to disregard measures introduced without suffering negative consequences. Such abuse catalysed the collapse of trust in state communities, but has for its true result the consolidation of the class system in which the ethical value of trust is played out. In this paper, I discuss how the behaviour of state representatives demonstrates the existence of political exceptionalism based on the class system and what this means for the persistence of national trust. (shrink)

For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is grounded the abstract (...) right to property which is defined by the liberal institution of private property. Like all legal/juridical rights, the abstract property right and its related institution are productions of the state, which can also claim priority over them. This prioritization reveals the dialectic inherent in the both the conception and exercise of the right, in which the private right to property at the level of civil society confronts the public right of the state, resulting in both the preservation and uplifting of the right, and, at the same time, its cancellation or annihilation. (shrink)

The reemergence of the question of suicide in the medical context of physician-assisted suicide seems to me one of the most interesting and fertile facets of late modernity. Aside from the disruption which this issue may cause in the traditional juridical relationship between individuals and the state, it may also help to transform the dominant conception of subjectivity that has been erected upon modernity's medicalized order of death. To enhance this disruptive potential, I am going to examine the (...) perspectives on death offered by two contemporary writers: Zygmunt Bauman and Jean Baudrillard. Each of these writers recognizes the centrality of death to modern culture, as Heidegger did, but they also go beyond him in specifying the ways in which death maintains a presence in late modernity, despite efforts to conceal it. In particular, both of these writers recognize the important role that medicine has played in ordering the modern conception of death. After situating these two perspectives in relation to each other, and in relation to Heidegger, who will serve here as a sort of benchmark, I will return to the issue of suicide. Given the differences in their readings of the role that death and medicine play in modern culture, these post-Heideggerians take strikingly different positions on this issue. By engaging these perspectives, I intend not only to point out the tremendous potential which this issue holds for a fundamental rethinking of modern subjectivity, but also reveal some of the dangers that may beset any naive optimism about the right to die. (shrink)

I argue that same-sex divorce presents a different kind of potential constraint to the agency of persons pursuing the dissolution of their marriage; a constraint upon one’s counterstory and the reconstitution of one’s personal identity. The dialectic within the paper mirrors the movements that I have had to make as I have sought to constitute and reconstitute myself throughout my divorce process. Beginning from a juridical perspective, I examine how the constraints on same-sex divorce present constraints on one’s agency (...) that are antithetical to the spirit of a liberal democratic conception of freedom of movement. I then explore the role of narrative in my self-(re)constitution, as well as the limits of the narrative and counterstories, when the institutional framework of the State fails to acknowledge the change in my State-sanctioned personal relationship. I end by arguing that this view from the law ignores the ways in which we relationally constitute ourselves, and in so doing covers over the harms done to persons that find themselves in a married-yet-not state of limbo. (shrink)

Since the spread of Islam in Transoxiana (Mā-warāʾ al-Nahr), religious understandings based on the opinions of Abū Ḥanīfa (d. 150/767) have always been dominant in the region. Therefore, it was not possible for other understandings, which may seem to be opposite to Abū Ḥanīfa’s opinions, to be influential in the region. That Najjāriyya and Karrāmiyya could not be perennial in the region may be an example of this case. Similarly, Māturīdiyya, which benefited from Abū Ḥanīfa’s treatises of creed and his (...) rational method, could not adequately get the support of people at the time of Abū Manṣūr al-Māturīdī (d. 333/944) and Abū l-Muʿīn al-Nasafī (d. 508/1114) because the school was seen as an opposite approach to the prevailing imaginations about Abū Ḥanīfa. Moreover, the Ḥanafī jurists (Ḥanafī fuqahāʾ), who were influential in not only people but also bureaucracy, and the Ḥanafī theologians (Ḥanafī mutakallimūn), who followed al-Māturīdī’s theological method , did not come to terms on their interpretations of Abū Ḥanīfa. The Ḥanafī jurists who benefited mostly from juridical sources and manāqibworks were thinking different from the Ḥanafī theologians who relied on the treatises of Abū Ḥanīfa on such issues as the legitimacy of Kalām as a scholarly discipline, the responsibility of people of fatra(ahl al-fatra: people having no access to the message of Islam), and the creation of faith (īmān). The Ḥanafī jurists took different stance on various issues and argued that faith is not created; the informative (khabarī) attributes of God (ṣifāt Allāh) mentioned in the Qurʾān cannot be interpreted (taʾwīl); no one can be held accountable for faith only based on the intellect unless the message of the Prophet reaches to her or him; the people of fatracannot be responsible for faith. They also stated that Abū Ḥanīfa broke his relationship with the theological (kalāmī) issues in the last years of his life. Although these jurists accepted Abū Ḥanīfa’s distinction between faith and deeds and his view of the stability of one’s faith without increasing or decreasing they condemned theological discussions on these issues by going beyond the limits of the treatise of creed. While the Ḥanafī theologians known as the Ḥanafī scholars of Samarqand who adopted the religious views of Imām al-Māturīdī of Samarqand acknowledged the intellect and considered it as an independent source in religion, the Ḥanafī jurists known as the Ḥanafī scholars of Bukhārāauthorized the intellect only in understanding the transmission (naql) and its interpretation. The different opinions of the two groups can be seen clearly on the question of the religious responsibility of the people of fatra. When we look at the debates regarding Kalām and the Islamic law, we can see that the difference between these two cities (Samarqand and Bukhārā) stems from their methodological views on the epistemological values of the reason (ʿaql) and the transmission (tradition). Māturīdiyya is a school of theology established by the Ḥanafī theologians who upheld the necessity and significance of Kalām. It is possible to say that the Ḥanafī jurists did not contribute to the establishment and systematisation of this school; rather, they tried to prevent it. Our findings show that the Ḥanafī jurists who lived in Transoxiana differ from each other because of their different understandings of Abū Ḥanīfa. In the historical process extending today it is evident that the religious views of the Ḥanafī jurists and their interpretation of Abū Ḥanīfa have been prominent and effective, not that of Māturīdiyya, which is the understanding of the Ḥanafī theologians. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to Conklin, is the (...) relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

Responsibility has entered the academic discourse of logicians hardly more than few decades ago. I suggest a logical concept of responsibility which employs ideas both from a number of theories belonging to different branches of logic as well from other academic areas. As a comment to this concept, I suggest five steps narrative scenario in order to show how the logical dimension of responsibility emerges from diverse tendencies in logic and other sciences. Here are the five steps briefly stated: Step (...) 1. Developing modal formalisms capable of evaluative analysis of situations (deontic, epistemic and etc.). Step 2. Drawing a conceptual borderline between normal and non-normal (weak) logical systems. Step 3. Using different kinds of models. Step 4. Agent- and action- friendly turn in logic. Step 5. Creating formalisms for modeling different types of agency. An idea advocated here within 5-Steps route to responsibility is that this concept is a complex causal and evaluative (axiological) relation. A logical account may be given for causal and normative aspects of this relation. Unfolding the responsibility back and forth through 5 Steps will result in different concepts. The technicalities are minimized for the sake of keeping the philosophical scope of the paper. For the same reason I also refrain from discussing legal and juridical ramifications of the issue. (shrink)

Odată cu creșterea volumului de date pe Internet, în media socială, cloud computing, dispozitive mobile și date guvernamentale, Big Data devine în același timp o amenințare și o oportunitate în ceea ce privește gestionarea și utilizarea acestor date, menținând în același timp drepturile persoanelor implicate. În fiecare zi, folosim și generăm tone de date, alimentând bazele de date ale agențiilor guvernamentale, companiilor private și chiar cetățenilor privați. Beneficiem în multe feluri de existența și utilizarea Big Data, dar trebuie să ne (...) amintim de asemenea că „nu există nimic gratuit”. Există riscuri în utilizarea Big Data, un fel de parte întunecată. Schimbările de piață pot fi obținute prin utilizarea Big Data: în timp ce acestea pot fi pozitive pentru cineva, ele pot dăuna altcuiva. Riscurile potențiale provin și de la agențiile publice. Este clar că datele mari pot aduce beneficii cetățenilor și companiilor, dar trebuie să fie echilibrate de o conștientizare sporită a „părții întunecate” a Big Data în exploatarea noilor capacități și oportunități pe care le oferă tuturor . -/- CUPRINS -/- 1. Big Data - Definiție - Caracteristici - Clasificarea datelor mari - Arhitectura - Tehnologii - Oportunități - Provocări - Critici - - Criticile paradigmei Big Data - - Criticile modelului "V" - - Criticile de noutate - - Criticile execuției Big Data - 1.1 Viața datelor mari - - Nașterea - - Copilăria - - - Educație - - - Divertisment - - Adolescența - - - Servicii online - - - Comunicații mobile - - - Servicii de streaming - - Adulți tineri - - - Căutarea de locuri de muncă - - - Servicii bancare și asigurări - - - Utilități - - - Dating online și pornografie - - Vârsta medie - - - Servicii de sănătate - - - Aplicații pentru îngrijire și aplicații pentru sănătate și fitness - - - Căutarea de locuri de muncă - - - Dating online - - Bătrânețea - - - Îngrijirea sănătății - - Moartea - 1.2 Aplicații - - Guvern - - Dezvoltare internațională - - Fabrici - - Sănătate - - Educaţie - - Mass-media - - Asigurare - - Internetul obiectelor (IoT) - - Tehnologia informației - 1.3 Studii de caz - - Guvern - - - China - - - India - - - Israel - - - Regatul Unit - - - Statele Unite ale Americii - - Cu amănuntul - - Ştiinţă - - Sport - - Tehnologie - - Activități de cercetare - - - Prelevarea de date mari - 1.4 Agenda europeană privind societatea digitală - - Cadrul juridic - - Peisajul opiniei părților interesate - 1.5 GDPR - - Etapele procesării datelor personale - - Principiile procesării datelor - - Politica de confidențialitate și transparența - - Scopurile procesării datelor - - Confidențialitate prin design și implicită - - - Paradoxul (legal) al Big Data - - Domeniul teritorial al GDPR - - Definirea datelor mari, a datelor personale și a datelor anonime - - Etapele procesării datelor cu caracter personal - - Principii de prelucrare a datelor - - Politica de confidențialitate și Transparența - - Scopuri de prelucrare a datelor - - Confidențialitate prin design și confidențialitate în mod implicit - - Paradoxul (legal) al datelor mari 2. Analiza Big Data - 2.1 Analitica - - Analitica vs. analiză - - Aplicații ale analiticii - - - Optimizarea marketingului - - - Analiza oamenilor - - - Analiza portofoliului - - - Analitica riscurilor - - - Analitica digitală - - - Analitica securității - - - Analitica software-ului - - Provocări - - Riscuri - 2.2 Analitica predictivă - - Definiție - - Procesul de analitica predictivă - - Tipuri - - - Modele predictive - - - Modele descriptive - - - Modele de decizie - - Aplicații - - - Managementul relațiilor cu clienții analitic (CRM) - - - Protecția copilului - - - Sisteme de suport decizional clinic - - - Analiticile colecțiilor - - - Vânzări încrucișate - - - Retenția clienților - - - Marketing direct - - - Detectarea fraudelor - - - Prezicerea rezultatelor deciziilor legale - - - Previziuni privind portofoliul, produsele sau economia - - - Managementul riscului de proiect - - - Acceptanța (Underwriting) - - Tehnologia și influențele big data - - Tehnici analitice - - - Tehnici de regresie - - - - Model de regresie liniară - - - - Modele de alegere discretă - - - - Regresie logistică - - - - Regresie logistică multinomială - - - - Regresie probit - - - - Logit versus probit - - - - Modele pentru serii de timp - - - - Analiza supraviețuirii sau a duratei - - - - Arborele de clasificare și regresie (CART) - - - - Funcții spline adaptive de regresie multivariate - - - Tehnici de învățare automată - - - - Rețele neuronale - - - - Perceptron multistrat (MLP) - - - - Funcții radiale de bază - - - - Mașini cu vectori de suport - - - - Bayesiene naive - - - - Vecinul k-cel mai apropiat - - - - Modelarea predictivă geospațială - - Instrumente - - - PMML - - Critici - 2.3 Analitica prescriptivă - - Istorie - 2.4 Studiul critic al datelor - - Perspective critice - - Abordare: Pragmatismul și etica discursului 3. Etica Big Data - Datele personale ale copiilor - Rolul instituțiilor - - State naționale - - Bănci - Articole relevante de știri despre etica datelor - Legislație relevantă privind etica datelor - 3.1 Principii ale eticii Big Data - - Etica în cercetare - - Conștientizarea - - Consimţământul - - Controlul - - Transparența - - Încrederea - - Proprietatea - - Supravegherea și securitatea - - Identitatea digitală - - Realitatea ajustată - - De-anonimizarea - - Inegalitatea digitală - - Confidențialitatea - - Financiar - - - Cât de mult merită datele? - - Deschidere - 3.2 Probleme etice în cercetare - - Etica cercetării pentru cercetarea socială - - Principalele aspecte etice ale cercetării sociale - - - Intimitate - - - Consimțământ informat - - - De-identificarea - - - Inegalitate – Diviziune digitală - - Integritatea cercetării - - Probleme emergente - - Aviz legal - 3.3 Aspecte filosofice - 3.4 10 reguli de bază în lucrul cu Big Data - - Concluzie Referințe Despre autor - Nicolae Sfetcu - - De același autor - - Contact Editura - MultiMedia Publishing . 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I discuss the foundations of predicate ontologies based on two model notions – elementary states of affairs and eventualities, i.e. ordered pairs of initial and end states of affairs. Vendlerian classifications are oriented towards elementary states and tense logic, while Davidsonian classifications deal with eventualities and event logic. There are two kinds of atemporal predicates - fact and properties. Facts are propositional arguments of second-order predicates which add a special meaning that the embedded proposition was verified. Properties are atemporal first-order (...) predicates that lack eventive interpretation and are not associated with factive frames. Davidsonian states are homogeneous durable spatiotemporal things distinct both from atemporal properties and spatiotemporal dynamic predicates. Davidsonian states are causally independent, while resultatives are causally determined as they reconstruct a preceding event that has caused the end state p. I discuss the contrast between external and internal Davidsonian states. The former lack a priority argument and can be quantified extensionally. The latter have a priority experiential argument and can only be quantified intensionally. External states can be observed, while internal states cannot. (shrink)

Realism about consciousness conjoins a claim that consciousness exists with a claim that the existence is independent in some interesting sense. Consciousness realism so conceived may thus be opposed by a variety of anti-realisms, distinguished from each other by denying the first, the second, or both of the realist’s defining claims. I argue that Dennett’s view of consciousness is best read as an anti-realism that affirms the existence of consciousness while denying an important independence claim.

In the philosophical literature on mental states, the paradigmatic examples of mental states are beliefs, desires, intentions, and phenomenal states such as being in pain. The corresponding list in the psychological literature on mental state attribution includes one further member: the state of knowledge. This article examines the reasons why developmental, comparative and social psychologists have classified knowledge as a mental state, while most recent philosophers--with the notable exception of Timothy Williamson-- have not. The disagreement is traced (...) back to a difference in how each side understands the relationship between the concepts of knowledge and belief, concepts which are understood in both disciplines to be closely linked. Psychologists and philosophers other than Williamson have generally have disagreed about which of the pair is prior and which is derivative. The rival claims of priority are examined both in the light of philosophical arguments by Williamson and others, and in the light of empirical work on mental state attribution. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

This paper explores how individuals experiencing hostile affective states such as envy, jealousy, hate, contempt, and Ressentiment tend to deceive themselves about their own mental states. More precisely, it examines how the feeling of being diminished in worth experienced by the subject of these hostile affective states motivates a series of self-deceptive maneuvers that generate a fictitious upliftment of the subject’s sense of self. After introducing the topic (section 1), the paper explores the main arguments that explain why several hostile (...) affective states involve a feeling of diminution in the subject’s own value (section 2). Next, it offers an analysis of how the negative feeling of self-worth motivates self-deception. While in extrinsically motivated self-deception, the subject feels diminished in worth after negatively evaluating her own hostile affective states, in intrinsically motivated self-deception, the negative feelings of self-worth are constituent elements of the hostile affective state in question (section 3). Cases of intrinsically motivated self-deception are particularly intriguing because in them the motivation for self-deception is inherent to the hostile affective state, independently of external reasons. I coin the expression “self-deceptive style” to capture the distinctive form in which each hostile affective state intrinsically motivates changes in the architecture of the mind (e.g., perception, imagining, memory, judgment, attention, etc.) in order to generate an upliftment of the self (section 4). To show the descriptive and explanatory function of this concept, a comparative analysis of the self-deceptive styles of envy and hate is provided (section 5). The conclusion summarizes the main findings and explores directions for further research (section 6). (shrink)

A state-based reason for one to intend to perform an action F is a reason for one to intend to F which is not a reason for one to F. Are there any state-based reasons to intend? According to the Explanatory Argument, the answer is no, because state-based reasons do not satisfy a certain explanatory constraint. I argue that whether or not the constraint is correct, the Explanatory Argument is unsound, because state-based reasons do satisfy the (...) constraint. The considerations that undermine the Explanatory Argument also generate a strong, positive case for the existence of state-based reasons to intend. (shrink)

This chapter considers the ‘hosting question’ of how immanent universals, in contrast to transcendent universals, are ‘brought down to earth’ from ‘Plato’s heaven’. It explores the thesis that the hosting amounts to their being constituents of the states of affairs that result from their instantiations. These states of affairs are concrete complexes consisting of particulars and universals, and perhaps something that links them together. The traditional view that immanent universals are concrete is briefly defended against a recent prominent objection. On (...) relationalism, states of affairs are unified by a relation of some sort; on non-relationalism they are unified non-relationally. Roughly, these two conceptions of states of affairs are equivalent to Armstrong’s relational and non-relational versions of immanent realism, respectively. Armstrong mostly criticises the former and defends the latter. It is argued, however, that relationalism, at least potentially, answers the hosting question, whereas non-relationalism realism does not. (shrink)

Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of (...) mens rea concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed. -/- As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional wisdom suggests, even assuming that jurors are following jury instructions to the letter. As a result, there is less difference between knowledge and recklessness than is typically assumed; jurors consistently “over”-ascribe knowledge to criminal defendants; and concepts like “belief,” “awareness,” and “conscious disregard” mean different things in different contexts, resulting in mens rea findings systematically responsive to aspects of the case traditionally considered irrelevant to the meaning of those terms. -/- This Article provides the first systematic account of the factors driving jurors’ ascriptions of the specific belief states criminal law invokes. After surveying mens rea jury instructions, introducing the Experimental Epistemology literature to the legal literature on mens rea, and examining the implications of that literature for criminal law, this Article considers ways to begin bridging the surprisingly large gap between mens rea theory and practice. (shrink)

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has (...) not done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

This paper makes a case that we should believe in the existence of worldly states of affairs.

This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.

The paper discusses the structure, applications, and plausibility of the much-used parallel-case argument for workplace democracy. The argument rests on an analogy between firms and states according to which the justification of democracy in the state implies its justification in the workplace. The contribution of the paper is threefold. First, the argument is illustrated by applying it to two usual objections to workplace democracy, namely, that employees lack the expertise required to run a firm and that only capital suppliers (...) should have a say over the governance of the firm. Second, the structure of the argument is unfolded. Third, two salient similarities between firms and states regarding their internal and external effects and the standing of their members are addressed in order to asses the potential and limits of the argument, as well as three relevant differences regarding the voluntariness of their membership, the narrowness of their goals, and the stiffness of the competition they face. After considering these similarities and differences, the paper contends that the the parallel-case argument provides a sound reason in favor of democracy in the workplace—a reason, however, that needs to be importantly qualified and that is only pro tanto. (shrink)

What is the quantum state of the universe? Although there have been several interesting suggestions, the question remains open. In this paper, I consider a natural choice for the universal quantum state arising from the Past Hypothesis, a boundary condition that accounts for the time-asymmetry of the universe. The natural choice is given not by a wave function but by a density matrix. I begin by classifying quantum theories into two types: theories with a fundamental wave function and (...) theories with a fundamental density matrix. The Past Hypothesis is compatible with infinitely many initial wave functions, none of which seems to be particularly natural. However, once we turn to density matrices, the Past Hypothesis provides a natural choice---the normalized projection onto the Past Hypothesis subspace in the Hilbert space. Nevertheless, the two types of theories can be empirically equivalent. To provide a concrete understanding of the empirical equivalence, I provide a novel subsystem analysis in the context of Bohmian theories. Given the empirical equivalence, it seems empirically underdetermined whether the universe is in a pure state or a mixed state. Finally, I discuss some theoretical payoffs of the density-matrix theories and present some open problems for future research. (Bibliographic note: the thesis was submitted for the Master of Science in mathematics at Rutgers University.). (shrink)

Under so-called primitive ontology approaches, in fully describing the history of a quantum system, one thereby attributes interesting properties to regions of spacetime. Primitive ontology approaches, which include some varieties of Bohmian mechanics and spontaneous collapse theories, are interesting in part because they hold out the hope that it should not be too difficult to make a connection between models of quantum mechanics and descriptions of histories of ordinary macroscopic bodies. But such approaches are dualistic, positing a quantum state (...) as well as ordinary material degrees of freedom. This paper lays out and compares some options that primitive ontologists have for making sense of the quantum state. (shrink)

ABSTRACTThe question of how common usage could be constitutive for the meaning of linguistic expressions has been discussed by Renaissance philosophers such as Lorenzo Valla, and it also played an important role in Renaissance theories of juridical interpretation. An aspect of the analysis of common usage in Renaissance theories of juridical interpretation that concerns the role of presumption has not yet found much attention. Renaissance jurists such as Simone de Praetis, Nicolaus Everardus, and Aimone de Cravetta saw that (...) both the usage of Latin by practitioners of law and the vernacular common usage of ordinary people often differed from the technical definition of legal concepts as laid down by ancient jurists or modern legislators. In some cases, they ascribed both to Latin and to vernacular common usage the power of changing the meaning of juridical terms. Still, they were aware of the fact that matters of common usage involve always a degree of uncertainty. The methodological notion of presumption is one of the concepts that figured most prominently in Renaissance approaches to the problem of uncertainty, and, in particular, it was applied in the analysis of meaning-change of legal concepts through common usage. (shrink)

My concern in this paper is with the claim that knowledge is a mental state – a claim that Williamson places front and centre in Knowledge and Its Limits. While I am not by any means convinced that the claim is false, I do think it carries certain costs that have not been widely appreciated. One source of resistance to this claim derives from internalism about the mental – the view, roughly speaking, that one’s mental states are determined by (...) one’s internal physical state. In order to know that something is the case it is not, in general, enough for one’s internal physical state to be a certain way – the wider world must also be a certain way. If we accept that knowledge is a mental state, we must give up internalism. One might think that this is no cost, since much recent work in the philosophy of mind has, in any case, converged on the view that internalism is false. This thought, though, is too quick. As I will argue here, the claim that knowledge is a mental state would take us to a view much further from internalism than anything philosophers of mind have converged upon. (shrink)

In order for states to fulfil (many of) their moral obligations, costs must be passed to individuals. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.

This book addresses the metaphysics of Armstrongian states of affairs, i.e. instantiations of naturalist universals by particulars. The author argues that states of affairs are the best candidate for truthmakers and, in the spirit of logical atomism, that we need no molecular truthmakers for positive truths. In the book's context, this has the pleasing result that there are no molecular states of affairs. Following this account of truthmaking, the author first shows that the particulars in (first-order) states of affairs are (...) bare particulars. He then argues that the properties in states of affairs are simple, non-relational and concrete universals. Next, he argues that (material) relations in states of affairs are external relations. Lastly, he argues that a state of affairs is unified by a distinctive formal relation without giving rise to Bradley’s regress. (shrink)

The aim of this article is to provide a philosophical conceptual framework to understand the theoretical roots and political implications of the interpretations of Plato’s work in Jaeger’s Third Humanism and Krieck’s völkisch-racist pedagogy and anthropology. This article will seek to characterize, as figures of localitas, their conceptions of the individual, community, corporeality, identity, and the State that both authors developed departing from Platonic political philosophy. My main hypothesis is that Jaeger’s and Krieck’s interpretations of Platonic paideía shared several (...) core-elements based on a modern conception of State sovereignty and human will, whose fundamental ground is the subjectivist-technical metaphysics. The “production” of a human type (spiritual and/or racial) and a unitary State political community appears in both authors mediated by a theory of political education, that I define as «State typohumanism», that sought its sustenance in Plato’s political philosophy, mainly by means of a distorted understanding of the notions of týpos and ē̂thos, and that, I argue, played a key role in the intellectual legitimization of völkisch-racism. This would be broadly translated into a programmatic and literal understanding of the Platonic Republic which assumes that the inherent function of any State is to produce subjectivities based on national identities grounded on homogeneous characteristics. In these varied characterizations similar appropriations of humanitas have been expressed both in Jaeger and in Krieck. (shrink)

In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and enter (...) the state. This duty correlates to a claim-right possessed by those living next to them, who also have a right to act in self-defence to enforce this obligation. This argument, if successful, would be particularly attractive, as it provides an account of state legitimacy without importing any normative premises that libertarians would reject. (shrink)

The side-effect effect, in which an agent who does not speci␣cally intend an outcome is seen as having brought it about intentionally, is thought to show that moral factors inappropriately bias judgments of intentionality, and to challenge standard mental state models of intentionality judgments. This study used matched vignettes to dissociate a number of moral factors and mental states. Results support the view that mental states, and not moral factors, explain the side-effect effect. However, the critical mental states appear (...) not to be desires as proposed in standard models, but rather ‘deeper’ evaluative states including values and core evaluative attitudes. (shrink)

In their paper ‘Degrees as Kinds’, Anderson and Morzycki, demonstrate how certain constructions in a range of languages treat kinds, manners, and degrees alike. Their proposal is to identify degrees with kinds of states and they consider states to be interchangeable with tropes. In these comments, I will raise some issues about the interchangeability of (concrete) states and tropes as well as the category of concrete states as well as Anderson and Morzycki's analysis of the comparative.

This paper elaborates a new solution to the lottery paradox, according to which the paradox arises only when we lump together two distinct states of being confident that p under one general label of ‘belief that p’. The two-state conjecture is defended on the basis of some recent work on gradable adjectives. The conjecture is supported by independent considerations from the impossibility of constructing the lottery paradox both for risk-tolerating states such as being afraid, hoping or hypothesizing, and for (...) risk-averse, certainty-like states. The new proposal is compared to views within the increasingly popular debate opposing dualists to reductionists with respect to the relation between belief and degrees of belief. (shrink)