In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...) the United States has conducted). Specifically, I turn my attention to a recent, well publicized, and recently amended statute (section 215 of the USA Patriot Act3), a surveillance program based on that statute (the National Security Agency’s bulk metadata collection program), and a recent change to that statute that addresses some of the public controversy surrounding the surveillance program (the USA Freedom Act).4 That process (a statute enabling surveillance, a program abiding by that statute, a public controversy, and a change in the law) looks like a paradigm case of law working as it should; but I am not so sure. While the program was plausibly legal, I will argue that it was morally and legally unjustifiable. Specifically, I will argue that the interpretations of section 215 that supported the program violate what Jeremy Waldron calls “legal archetypes,”5 and that changes to the law illustrate one of the central features of legal archetypes and violation of legal archetypes. The paper proceeds as follows: I begin in Part 1 by setting out what I call the “basic argument” in favor of surveillance programs. This is strictly a moral argument about the conditions under which surveillance in the service of national security can be justified. In Part 2, I turn to section 215 and the bulk metadata surveillance program based on that section. I will argue that the program was plausibly legal, though based on an aggressive, envelope-pushing interpretation of the statute. I conclude Part 2 by describing the USA Freedom Act, which amends section 215 in important ways. In Part 3, I change tack. Rather than offering an argument for the conditions under which surveillance is justified (as in Part 1), I use the discussion of the legal interpretations underlying the metadata program to describe a key ambiguity in the basic argument, and to explain a distinct concern in the program. Specifically that it undermines a legal archetype. Moreover, while the USA Freedom Act does not violate legal archetypes, and hence meets a condition for justifiability, it helps illustrate why the bulk metadata program did violate archetypes. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

ABSTRACT The philosophical tradition approaches to morals have their grounds predominantly on metaphysical and theological concepts and theories. Among the traditional ethics concepts, the most prominent is the Divine Command Theory (DCT). As per the DCT, God gives moral foundations to the humankind by its creation and through Revelation. Morality and Divinity are inseparable since the most remote civilization. These concepts submerge in a theological framework and are largely accepted by most followers of the three Abrahamic traditions: Judaism, Christianity, and (...) Islam: the greatest part of the human population. Holding faith and Revelation for its grounds, the Divine Command Theories are not strictly subject to the demonstration. The opponents to the Divine Command conception of morals, grounded in the impossibility of demonstration of its metaphysical and religious assumptions, have tried for many centuries (albeit unsuccessfully) to devalue its importance. They held the argument that it does not show material evidence and logical coherence and, for this reason, cannot be taken into account for scientific nor philosophical purposes. It is just a belief and, as so, should be understood. Besides these extreme oppositions, many other concepts contravene the Divine Command theories, in one or another way, in part or in full. Many philosophers and social scientists, from the classic Greek philosophy up to the present date, for instance, sustain that morality is only a construct, and thus culturally relative and culturally determined. However, this brings many other discussions and imposes the challenge to determine what is the meaning of culture, which elements of culture are morally determinant, and finally, what are the boundaries of such relativity. Moral determinists claim that everything related to human behavior, including morality, is determined, once free will does not exist. More recently, modern thinkers argued that there is a strict science of morality. However, the scientific method alone, despite explaining several facts and evidence, cannot enlighten the entire content and full meaning of ethics. Morals’ understanding requires a broader perception, and an agreement among philosophers, which they have never achieved. All of these questions have many different configurations depending on each philosophical strand, and start complex analysis and endless debates, as long as many of them are reciprocally conflictive. The universe and the atmosphere involving this thesis are the dominions of all these conceptual conflicts, observed from an objective and evolutionary standpoint. Irrespective of this circumstance and its intrinsic importance, however, these questions are far distant from the methodological approach of an analytical discussion on objective morals, what is, indeed, the aim and scope of this work. We should briefly revisit these prominent traditional theories because this thesis shelters a comparative study, and its assumptions at least differ profoundly from all traditional theories. Therefore, it becomes necessary offering direct and specific elements of comparison to the reader, for the right criticism, dispensing interruptive researches. However, even revisiting the traditional theories, for this comparative and critical exposure purpose, they will be kept by the side of our main concerns, as “aliena materia.” Irrespective of the validity of any or all of the elements of this discussion, and their meaning as the philosophical universe of this thesis, the purpose of this work is demonstrating and justifying the existence and meaning of prehistoric moral archetypes arisen directly from the very first social needs and efforts for survival. These archetypes are the definition of the essential foundation of ethics, its aggregation to the collective unconscious and corresponding logic organization and transmission to evolutionary stages of the human genome and different relations space-time, irrespective of any contemporary experience of the individuals. The system defined by these archetypes composes an evolutionary human social model. Is this a metaethical position? Yes, it is. Moreover, as in any metaethical reasoning, we should look carefully for the best and coherent routes, as the Analytical Philosophy offers them. Thus, this work should reasonably demonstrate that morals are not a cultural product of the civilized men or modern societies and that despite being subject to several cultural relative aggregations and subtractions, its essential foundations are archetypal and have never structurally changed. This reasoning induces that morality is an original attribute of the “homo sapiens”; it is not a property and nor an accident: it integrates the human essence and belongs to the realm of the ontological human identity. The human phenomena is a continuing process, playing its role between random determination and free will, and we need to question how morality began and how did it come to us in the present. (shrink)

In this book, William Brant inquires how violence is reduced. Social causes of violence are exposed. War, sexual domination, leadership, propagandizing and comedy are investigated. Legal systems are explored as reducers and implementers of violence and threats.

Les approches de la tradition philosophique de la morale reposent principalement sur des concepts et des théories métaphysiques et théologiques. Parmi les concepts éthiques traditionnels, le plus important est la théorie du commandement divin (DCT). Selon la DCT, Dieu donne des fondements moraux à l'humanité par sa création et par la Révélation. Morale et Divinité sont inséparables depuis la civilisation la plus lointaine. Ces concepts plongent dans un cadre théologique et sont principalement acceptés par la plupart des adeptes des trois (...) traditions abrahamiques : le judaïsme, le christianisme et l'islam : la partie la plus considérable de la population humaine. Tenant la foi et la Révélation pour ses fondements, les Théories du Commandement Divin ne sont pas strictement sujettes à la démonstration. Les opposants à la conception de la morale du Commandement divin, fondée sur l'impossibilité de démontrer ses présupposés métaphysiques et religieux, ont tenté pendant de nombreux siècles (mais sans succès) d'en dévaloriser l'importance. Ils ont soutenu l'argument selon lequel il ne montre pas de preuves matérielles et de cohérence logique et, pour cette raison, ne peut pas être considéré à des fins scientifiques ou philosophiques. Ce n'est qu'une croyance et, en tant que tel, doit être compris. Outre ces oppositions extrêmes, de nombreux autres concepts contreviennent aux théories du Commandement Divin, d'une manière ou d'une autre, en partie ou en totalité. (shrink)

An annotated bibliography of legal epistemology.

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s (...) explanatory options, I suggest that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

In this paper, I attempt to find a middle ground between the formalist critic, Vladimir Propp, and the psychoanalytic critic, Carl Jung. I argue that, instead of regarding Russian formalism and psychoanalysis as irreconcilable adversaries, the theories of the two figures can (and should) be unified; the result of which can be devised to establish a theory of what I call an ‘‘archetypal narrative’’. To be more explicit, Propp’s Morphology and Jung’s archetypal psychoanalysis are reconciled to bring about an archetypal (...) narrative theory, in which the underlying structure of narratives lies in the collective unconscious of humanity. (shrink)

It is my goal in this paper to offer a strategy for translating universal statements about utopia into particular statements. This is accomplished by drawing out their implicit, temporally embedded, points of reference. Universal statements of the kind I find troublesome are those of the form ‘Utopia is x’, where ‘x’ can be anything from ‘the receding horizon’ to ‘the nation of the virtuous’. To such statements, I want to put the questions: ‘Which utopias?’; ‘In what sense?’; and ‘When was (...) that, is that, or will that be, the case for utopias?’ Through an exploration of these lines of questioning, I arrive at three archetypes of utopian theorizing which serve to provide the answers: namely, utopian historicism, utopian presentism, and utopian futurism. The employment of these archetypes temporally grounds statements about utopia in the past, present, or future, and thus forces discussion of discrete particulars instead of abstract universals with no meaningful referents. (shrink)

Berkeley's doctrine of archetypes explains how God perceives and can have the same ideas as finite minds. His appeal of Christian neo-Platonism opens up a way to understand how the relation of mind, ideas, and their union is modeled on the Cappadocian church fathers' account of the persons of the trinity. This way of understanding Berkeley indicates why he, in contrast to Descartes or Locke, thinks that mind (spiritual substance) and ideas (the object of mind) cannot exist or be (...) thought of apart from one another. It also hints at why Gregory of Nyssa's immaterialism sounds so much like Berkeley's. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...) suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

John Locke’s claims about relations (such as cause and effect) and mixed modes (such as beauty and murder) have been controversial since the publication of the Essay. His earliest critics read him as a thoroughgoing anti-realist who denies that such things exist. More charitable readers have sought to read Locke’s claims away. Against both, I argue that Locke is making ontological claims, but that his views do not have the absurd consequences his defenders fear. By examining Locke’s texts, as well (...) as the intellectual context in which they were written, I show that Locke’s position is at once radical and thoroughly traditional. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

The author interprets three stories from recently Neolithic cultures (Melanesian, African Bushman, and Inuit) and a fourth story from an oral tradition of Haitian women. All four are about women and perhaps, judging by their content, composed by women. The author trained with Edward Whitmont and developed his interpretation technique in decades of practice with dreams as a Jungian analyst. He adds a new tool, the use of repetition, in which the same point is made by a series of different (...) details. Repetition provides an internal test for the accuracy of an interpretation. The author updates Jung’s concept of archetypes to incorporate an understanding of Darwinian evolution (which Jung lacked), new knowledge of the function of genes, and new knowledge of the emergence of complexity in dynamic and adaptive systems. He compares his interpretations of the four stories with other scholars’ interpretations, in particular the extraordinary work of Michael Wessels on African Bushman legends. Though Wessels criticized Jung for imposing his ‘colonial’ theory of universal archetypes, both Jung and Wessels insisted that interpretation requires a dialogue between two agents in which both are subjects, neither being dominated or objectified. In the four stories, the author shows, symbolic consciousness began with women. The anthropologist Chris Knight proposed something similar in 1991 in his controversial book Blood Relations: Menstruation and the Origins of Culture. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

The use of Big Data presents significant legal problems, especially in terms of data protection. The existing legal framework of the European Union based in particular on the Directive no. 46/95/EC and the General Regulation on the Protection of Personal Data provide adequate protection. But for Big Data, a comprehensive and global strategy is needed. The evolution over time was from the right to exclude others to the right to control their own data and, at present, to the (...) rethinking of the right to (digital) identity. The General Data Protection Regulation, "GDPR" (Regulation EU 2016/679) deals with data protection and privacy of persons in the European Union and the European Economic Area. DOI: 10.13140/RG.2.2.29614.46400. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...) multiple sources of incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

In Wilmot-Smith’s recent “Law, ‘Ought’, and ‘Can’,” he argues that legal obligation does not imply ability. In this short reply, I show that Wilmot-Smith’s arguments do not withstand critical scrutiny. In section 1, I attack Wilmot-Smith’s argument for the claim that allowing for impossible obligations makes for a better legal system, and I introduce positive grounds for thinking otherwise. In section 2, I show that, even if Wilmot-Smith had established that impossible obligations make for a better legal (...) system, his subsequent attack on OIC fails. (shrink)

Law is the main regulator of public relations, and the question of the proper use and understanding of legal language is essential for law enforcement. This topic is of interest to both lawyers and philosophers, who often join efforts to study it. This article attempts precisely to take such an interdisciplinary approach when examining legal rules as specific linguistic conventions. First of all, for the sake of a better and more thorough understanding of legal language, legal (...) norms are viewed both from the point of view of semantics and from the point of view of pragmatics. Therefore, for this purpose, a distinction is made between legal norms and legal provisions as their linguistic equivalent. Legal norms are then explored through Wittgenstein's Later Philosophy, which describes their semantic content. The pragmatic aspect of the question is explained through John Austin's theory, thus treating legal rules as a kind of specific speech act of a conventional nature. (shrink)

It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ – based on Kelsen’s Pure Theory of Law – after the example of Wittgenstein’s Tractatus Logico-Philosophicus. The following main and sub-propositions analogous to the main and sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it: “May others come and do it better”. Unlike Wittgenstein’s Tractatus, that ends with the famous proposition 7 that one should be silent about what cannot be spoken, a Kelsenian Tractate (...) would not end with an analogous main proposition, but with two sub-propositions that show the (relative) value of both ‘the speaking’ and ‘the silence’ of positive law. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a (...) class='Hi'>legal requirement has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...) two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

This essay focuses on the attention paid to Prometheus by Goethe and Schlegel. Prometheus serves as an archetypal figure for Goethe, in particular, and as such the Titan can be viewed as a figure whose various appearances represent genuine metamorphoses or transformations of the archetype in much the same manner that Goethe takes the archetypes of leaf or vertebrae to function in the plant and animal kingdoms. Schlegel’s treatment of Prometheus takes the organic analogy even further. In his fragmentary (...) work Lucinde Schlegel exploits the metaphorical possibilities provided by plant life when thinking about not only the sessile structure of the text as a whole but indeed the internal literary devices capable of simulating the environmental impacts required for the flowering of the plot. The fact that Goethe and Schlegel deliberately leave their discussions in a fragmentary form is discussed in the final section of the essay in a manner that ties the open-ended quality of such productions to Gadamer’s discussion of the Vollzug or performative character of poetry and other works of art. (shrink)

The purpose of this paper is to offer some critical remarks on the so-called pragmatist approach to the regulation of robotics. To this end, the article mainly reviews the work of Jack Balkin and Joanna Bryson, who have taken up such ap- proach with interestingly similar outcomes. Moreover, special attention will be paid to the discussion concerning the legal fiction of ‘electronic personality’. This will help shed light on the opposition between essentialist and pragmatist methodologies. After a brief introduction (...) (1.), in 2. I introduce the main points of the methodological debate which opposes pragmatism and essentialism in the regulation of robotics and I examine how legal fictions are framed from a pragmatist, functional perspective. Since this approach entails a neat separation of ontological analysis and legal rea- soning, in 3. I discuss whether considerations on robots’ essence are actually put into brackets when the pragmatist approach is endorsed. Finally, in 4. I address the problem of the social valence of legal fictions in order to suggest a possible limit of the pragmatist approach. My conclusion (5.) is that in the specific case of regulating robotics it may be very difficult to separate ontological considerations from legal reasoning—and vice versa—both on an epistemological and social level. This calls for great caution in the recourse to anthropomorphic legal fictions. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. (...) The second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based (...) on purely statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following (...) its adoption by the British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

This paper aims to uncover some of the important contributions the phenomenological method can offer to philosophical issues in literary studies. It leads us to the idea that the archetypes found in fiction are intuited phenomenologically. This idea is then linked to a social constructive attainment of meaning for reality. From the intersubjectivity provided by phenomenology, empathy with characters in fiction is then displayed as more than an intellectual activity, as it becomes known to have practical implications. It is (...) framed as involving the same processes as the empathy we have with people in the real world. This equivalency allows for the plausibility of the notion that fiction-making is a necessary process for our interpretations of reality. It designates our involvement in fiction as beneficial to our experience of the real world and supports the notion it can train us to empathize. Such training is displayed to be posssible from phenomenology’s role in the process of empathy. Phenomenology's method de-centers the Cartesian ego to prevent any impasse between internal consciousness and the external world. Since they are bridged together by intentionality, we learn that phenomenology is a method that can contribute to how we conceive of empathy. (shrink)

Although written in Japanese, 法的思考（Legal Mind）pursues a good explanation of how we can apply the so-called practical syllogism to the legal manner of thought.

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social (...) and economic life among a group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, (...) it is easy to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally-grounded view of the firm. (shrink)

Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.

Jung’s individuation process, the central process of human development, relies heavily on several core philosophical and psychological ideas including the unconscious, complexes, the archetype of the Self, and the religious function of the psyche. While working to find empirical evidence of the psyche’s religious function, Jung studied a variety of subjects including the Eastern liberatory traditions of Buddhism and Patañjali’s Classical Yoga. In these traditions, Jung found substantiation of his ideas on psychospiritual development. Although Jung’s career in soul work was (...) lengthy, throughout, he aimed to steer clear of metaphysics. Patañjali’s metaphysics, on the other hand, are straightforward, and his ontological commitments are evident. Because Jung’s ontological commitments were not explicit, his theories, when seen through Patañjali’s lens, confuse ontological questions with epistemic issues. As a result, when comparing the Jungian and Patañjalian notions of the Self, Jung’s insightful ideas seem to be constructed upon a considerably shaky foundation. Yet, utilizing the exceptionally consistent ontological and epistemological commitments of Patañjali Yoga, as well as the objective measures of affective neuroscience, brings credence to the innate aspects and instinctual nature of Jung’s archetype of the Self, and assists in answering the question of whether the archetype is innate or emergent. (shrink)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines the (...) relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic (...) metaphysics) over the last twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and (...) to elaborate the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

Contra recent, inflationary views, the paper submits a deflationary approach to legal ontology. It argues, in particular, that to answer ontological questions about legal entities, we only need conceptual analysis and empirical investigation. In developing this proposal, it follows Amie Thomasson’s ‘easy ontology’ and her strategy for answering whether ordinary objects exist. The purpose of this is to advance a theory that, on the one hand, does not fall prey to sceptical views about legal reality (viz., that (...) ontological truths about legal entities are established by metaphysical principles); and, on the other, is compatible with common-sense jurisprudence (viz., that there in fact exist legal entities, and they all have important practical implications). While this methodology is common to legal philosophers interested in elucidating the ‘artifactual nature’ of law, the paper departs from their projects by taking a step forward in connecting this deflationary approach to legal ontology with an expressivist account of legal discourse, thus providing enough resources to satisfy the general ambition of jurisprudence, viz., to establish the conditions for the analysis of legal reality and its normative character. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...) the record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments (...) that suggest that legal reality is disunified: one concerns the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

I argue that Carl Jung's theory of archetypes is incompatible with the darwinian theory of evolution.

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about (...) experimental philosophy generally, one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. (...) We can never sufficiently reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we’re fallible. (shrink)

The rapid advancement of artificial intelligence systems has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, this article approaches (...) the topic of CIS-nervous system interaction and the impacts it may have on the legal definition of “persons” under the law. While other literature of this nature centres upon notions of transhumanism or self-enhancement, the approach herein approached is designed to focus solely upon the legal nature of independent CIS actions when operating alongside human subjects. To this end, it is hoped that further discussion on the topic can be garnered outside of transhumanist discourse to expedite legal consideration for how these emerging relationships ought to be received by law-generating bodies internationally. (shrink)

Psychoanalytic self-psychology as outlined by such depth psychologists as Jung, Fordham, Winnicott and Kohut provide a framework for conceptualizing a relationship of complementarity between psychic and immune defence as well as loss of bodily and self integration in disease. Physicist Erwin Schrödinger’s thesis that the so-called “arrow of time” does not necessarily deal a mortal blow to its creator is reminiscent of the concept of timeless dimensions of the unconscious mind and the Self in Analytical Psychology, manifest for instance, in (...) dream content and archetypal symbols. These notions are not only consistent with the concepts of timelessness and meaningful coincidence (synchronicity) in psychoanalysis. They are also implicitly spiritual with intimations of a numinous dimension of the evolutionary process in which humanity participates. This includes the idea that an evolving God becomes conscious through and is completed by humankind in a process (Incarnational) theology which regards the numinous as both immanent and transcendent. And concepts of mind which transcend the individual in a transpersonal sense. The treatment of the psychophysical problem by depth psychologist Carl Jung and physicist Wolfgang Pauli with their notion of the unconscious archetypes as timeless, cosmic ordering and regulating principles creating a bridge between mind and matter in a relationship of complementarity is compatible with such a perspective on the numinous which might in turn be useful for contemporary theology and spirituality. (shrink)

While the 2010 EPSRC principles for robotics state a set of 5 rules of what ‘should’ be done, I argue they should differentiate between legal obligations and ethical demands. Only if we make this difference can we state clearly what the legal obligations already are, and what additional ethical demands we want to make. I provide suggestions how to revise the rules in this light and how to make them more structured.