Among the contemporary philosophers using the concept of the Anthropocene, Bruno Latour and Isabelle Stengers are prominent examples. The way they use this concept, however, diverts from the most common understanding of the Anthropocene. In fact, their use of this notion is a continuation of their earlier work around the concept of a ‘parliament of things.’ Although mainly seen as a sociology or philosophy of science, their work can be read as philosophy of technology as well. Similar to Latour’s (...) claim that science is Janus-headed, technology has two faces. Faced with the Anthropocene, we need to shift from technologies of control to technologies of negotiations, i.e., a parliament of things. What, however, does a ‘parliament of things’ mean? This paper wants to clarify what is conceptually at stake by framing Latour’s work within the philosophy of Michel Serres and Isabelle Stengers. Their philosophy implies a ‘postlinguistic turn,’ where one can ‘let things speak in their own name,’ without claiming knowledge of the thing in itself. The distinction between object and subject is abolished to go back to the world of ‘quasi-objects’ (Serres). Based on the philosophy of science of Latour and Stengers the possibility for a politics of quasi-objects or a ‘cosmopolitics’ (Stengers) is opened. It is in this framework that their use of the notion of the Anthropocene must be understood and a different view of technology can be conceptualized. (shrink)

Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters Buddhists people (...) by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that (...) arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

“Fighting for Sikh Causes in Indian Parliament” is a compendium of speeches delivered by four Sikh Parliamentarians, i. e. Hukam Singh, Kapur Singh, Khuswant Singh and Tarlochan Singh. Each speech refers to a critical point in India’s post-1947 political history where the relationship between India, the Sikh community, and Punjab was under utmost stress and scrutiny. Prof. Hardev Singh Virk has done a yeoman's service to publish the speeches of these eminent Sikh parliamentarians who fought for the Sikh Causes (...) in the Indian Parliament. In the Foreword to the book, Vikramjit Singh Sahney has outlined the background of the current project. Herein, he points out that both Hukam Singh and Kapur Singh made outstanding contributions in highlighting the majoritarian bias against the minorities in the Indian Parliament. In addition, Khushwant Singh and Tarlochan Singh recapitulated the events leading to the Sikh genocide and its aftermath by presenting the Sikh Cause assiduously. (shrink)

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

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 1).’ The article has been published in “Afryka” 34, 2011, pp. 30-42. It consists of two parts. Part 1 explains Nigerian political thinker Claude Ake’s concept of the ‘chamber of nationalities,’ in the context of the idea of recognizing and strengthening the ethnic groups’ rights in a multiethnic African state. According to the concept, in an African state, a bicameral parliament (...) should be constituted. Its upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept may contribute to the building of more peaceful and politically stable states in Africa. Ake’s opinions are enriched with the views of a Sierra Leonian philosopher George M. Carew that seem useful in the analysis of the whole concept. Next, a case study of the Ethiopian parliament’s upper chamber, House of Federation, is discussed. That chamber is a product and an essential part of the ethnic federalism system currently existing in Ethiopia. This case resembles Ake’s concept in many ways. Then, the Nigerian philosopher Ifeanyi A. Menkiti’s ideas, having some common points with the Ethiopian territorial structure and political system as a whole, are explained. Menkiti’s views teach what may be the realities of an ethnic federalism system, especially in an undemocratic environment. His opinions also seem complementary with some of Ake’s ideas concerning the ‘chamber of nationalities’ concept. (shrink)

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 2).’ The article has been published in “Afryka” 35, 2011, pp. 11-26 and is a continuation of the previous paper published under the same title in “Afryka” 34. Part 2 explains a couple of cases (of the Senate of Lesotho, and two Houses of Chiefs, in Botswana and Zambia) that seem useful in the analysis of the Nigerian political thinker Claude Ake’s (...) concept of the ‘chamber of nationalities.’ According to the concept, in a multiethnic African state, a bicameral parliament should be constituted, of which the upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept might contribute to the building of more peaceful and politically stable states in Africa. In the latter part of this article, a study of the political system of Bosnia and Herzegovina is discussed in short, with a particular focus on the case of the House of Peoples of Bosnia and Herzegovina that resembles Ake’s concept very closely. In the final part of the article, some drawbacks of Ake’s concept are brought up and discussed critically. (shrink)

In 2016, the European Parliament approved the General Data Protection Regulation (GDPR) whose core aim is the safeguarding of information privacy, and, by corollary, human dignity. Drawing on the field of philosophical anthropology, this paper analyses various interpretations of human dignity and human exceptionalism. It concludes that privacy is essential for humans to flourish and enable individuals to build a sense of self and the world.

English abstract: On last day of the year 1999, Russia has entered another era of despotism, that of Vladimir Putin. During his reign, the Putin‘s clan has undermined and infiltrated the mass media, the parliament and the judicial system. Deliberate violation of basic citizen‘s rights, compulsory acquisition of property, government-funded racket, misuse of mass media to scarify and to disinform the peoples belong to the diabolic methods of self-constituted disposers. All this lawlessness has led to exorbitant corruption, mass poverty, (...) economic stagnation, and escalation of crimes. The actual manuscript investigates the roots of Putinism putting the person of Vladimir Putin in the focus of investigation. -/- Russian abstract: В 1999 году, в последний день столетия и тысячелетия, Россия вступила в новую эру деспотизма, эру Владимира Путина. В продолжение его правления, клан Путина коррумпировал и инфильтрировал средства массовой информации, парламент, правовую систему. Умышленное нарушение основных гражданских прав, конфискация собственности, государственный рэкет, злоупотребление средств массовой информации с целью запугивания и дезинформации населения стали дьявольскими методами самоназванных правителей. Всё это привело к безмерной продажности, массовой бедности, экономической стагнации и взрыву преступности. Данный манускрипт исследует корни Путинизма, помещая личность Владимира Путина в центр исследования. (shrink)

Affirmative action is standardly pursued in relation to admissions to prestigious universities, in hiring for prestigious jobs, and when it comes to being elected to parliament. Central to these forms of affirmative action is that they have to do with competitive goods. A good is competitive when, if we improve A’s chances of getting the good, we reduce B’s chances of obtaining the good. I call this Competitive Affirmative Action. I distinguish this from Non-competitive Affirmative Action. The latter has (...) to do with non-competitive goods, e.g., being granted early parole or freedom from arbitrary arrest. I argue that some of the most prominent objections against affirmative action—in particular, the reverse discrimination objection and the merit objection—speak less against Non-competitive Affirmative Action. And that some of the most prominent arguments in favor of affirmative action, insofar as they justify Competitive Affirmative Action, also justify Non-competitive Affirmative Action. (shrink)

What is the state of play for science advice to the government and Parliament? After almost ten years with a prime minister’s chief science advisor, are there lessons to be learnt? How can we continue to ensure that science advice is effective, balanced, transparent and rigorous, while at the same time balancing the need for discretion and confidentiality? In this article, we suggest that the hallmarks of good science – transparency and peer review – can be balanced against the (...) need to provide confidential advice in an Aotearoa New Zealand context. To complement the advice to the prime minister, an expanded role for the Royal Society Te Apärangi would support public and parliamentary understanding of science and science issues relevant to policy. (shrink)

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

Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility (...) away from humans; in fact they increase the abil-ity to hold humans accountable for war crimes. Using LAWS in war would probably reduce human suffering overall. Finally, the availability of LAWS would probably not increase the probability of war or other lethal conflict—especially as compared to extant remote-controlled weapons. The widespread fear of killer robots is unfounded: They are probably good news. (shrink)

The deliberative systems approach is a recent innovation within the tradition of deliberative democratic theory. It signals an important shift in focus from the political legitimacy produced within isolated and formal sites of deliberation (e.g., Parliament or deliberative mini-publics), to the legitimacy produced by a number of diverse interconnected sites. In this respect, the deliberative systems (DS) approach is better equipped to identify and address defects arising from the systemic influences of power and coercion. In this article, I examine (...) one of the least explored and least understood defects: the exclusion of non-speaking political actors generated by the uniform privileging of speech in all sites within a system. Using the examples of prefigurative protest, Indigenous refusal to deliberate, and the non-deliberative agency of disabled citizens, I argue that the DS approach allows theorists to better understand forms of domination related to the imposition of speech on those who are either unwilling or unable to speak. (shrink)

In this article, I criticize Véronique Zanetti on the topic of moral compromise. As I understand Zanetti, a compromise could only be called a “moral compromise” if (i) it does not originate under coercive conditions, (ii) it involves conflict whose subject matter is moral, and (iii) “the parties support the solution found for what they take to be moral reasons rather than strategic interests.” I offer three criticisms of Zanetti. First, Zanetti ignores how some parties may not have reason to (...) seek social peace at all. Zanetti’s claim that there is consensus on the aim of social peace can involve idealising away from disagreement in a manner that Zanetti accuses Rawls of. Second, even if there is consensus on the aim of seeking social peace, this leaves open the possibility of disagreement about which society different people should belong to. This idealises away from real world conflict concerning borders. Indeed, Zanetti does not mention that her ‘central example’ of moral disagreement, the German Abortion compromise, was enacted in the wake of German reunification. Third, there are at least two things that can be called the ‘German Abortion compromise.’ The compromise that Zanetti speaks of was imposed by the German Federal Constitutional Court. The court declared unconstitutional a law passed in 1992 that had been negotiated in parliament. Zanetti does not dwell on this lack of democratic credentials. Even the substance of the court-imposed solution is itself a dubious example of a moral compromise between parties based on what is acceptable to their reason. -/- (penultimate version - If you would like the .pdf of the final version for personal scholarly use, please contact me through the email address on my profile or my CV.). (shrink)

This open-access editorial discusses confronting silences in different disciplinary contexts, such as science and technology studies, cultural anthropology, and philosophy. It has a focus on race and concludes with thoughts about Indigenous expertise, the Australian referendum on the Indigenous Voice, to parliament, and racism.

This article investigates some of the constraining factors experienced by 16 school-going mothers in the Okalongo circuit, Namibia. This was a qualitative phenomenological study, conducted through in-depth individual interviews, focus group discussions, and reflective journals with 16 school-going mothers between the ages of 17 and 20, purposively selected from three different public rural schools. This qualitative, phenomenological study analyses, through feminist and intersectionality theory, the lived experiences of these young mothers as they encounter the traditional, patriarchal attitudes and practices of (...) the Ovambadja community because these girls fell pregnant before their formal, cultural initiation. The article documents, through the voices of the young women themselves, the numerous constraints they experienced and overcame in their determination to complete their schooling. The findings show that, aside from the deeply held destructive patriarchal beliefs that significantly constrain and harm the mother-learners, the Namibian Learners Pregnancy Policy, which is intended to protect and ensure pregnant learners and motherlearners complete their schooling, is not being properly or effectively implemented. The study recommends an increase in efforts at the national level in Namibia to raise awareness among members of parliament, school administrators and principals, and all policymakers to develop better monitoring systems that will improve policy implementation in schools. (shrink)

The purpose of this paper is to consider whether it is permissible for a liberal democratic state to deny anti-liberal-democratic citizens and groups the right to run for parliament. My answer to this question is twofold. On the one hand, I will argue that it is, in principle, permissible for liberal democratic states to deny anti-liberal-democratic citizens and groups the right to run for parliament. On the other hand, I will argue that it is rarely wise (or prudent) (...) for ripe democracies to exclude anti-liberal-democrats from parliamentary elections. There are at least two reasons for this. The first is related to the inherent stability of just institutions. The second is that exclusion can lead to group polarization and enclave deliberation that can engender political extremism and impair processes of interpersonal and intrapersonal deliberation in liberal democracies. (shrink)

Neurath’s scientific utopianism is the proposal that the social sciences should engage in the elaboration, development, and comparison of counterfactual scenarios, the ‘utopias’. Such scenarios can be understood as centerpieces of scientific thought experiments, that is, in exercises of imagination that not only promote conceptual revision, but also stimulate creativity to deal with experienced problems, as utopias are efforts to imagine what the future could look like. Moreover, utopian thought experiments can offer scientific knowledge to inform political debates and decisions, (...) contributing to the shaping of society. This essay reconstructs a historical event as an example of Neurath’s utopianist methodology. In the late 1970s and early 1980s, a scientific and political commission appointed by the Western German Parliament devised and compared four scenarios for future energetic-economic policies. Conclusions of the commission informed political decisions that put Western (later reunified) Germany in a route towards becoming a green industrial power. A fundamental part of the commission’s work involved an appeal to imagination, allowing for the characterization under Neurath’s methodology. (shrink)

For Meinong, familiarly, fictional entities are not created, but rather merely discovered (or picked out) from the inexhaustible realm of Aussersein (beyond being and non-being). The phenomenologist Roman Ingarden, in contrast, offers in his Literary Work of Art of 1931 a constructive ontology of fiction, which views fictional objects as entities which are created by the acts of an author (as laws, for example, are created by acts of parliament). We outline the logic of fiction which is implied by (...) Ingarden’s approach, showing how it distinguishes the properties possessed by fictional objects (for instance of having been created by such and such an author in such and such a work) from characteristics (for instance of smoking a pipe, of living in Baker Street) which are merely associated with such objects. (shrink)

William Molyneux (1656–1698) was an Irish experimental philosopher and politician, who played a major role in the intellectual life in seventeenth-century Dublin. He became Locke’s friend and correspondent in 1692 and was probably Locke’s philosophically most significant correspondent. Locke approached Molyneux for advice for revising his Essay concerning Human Understanding as he was preparing the second and subsequent editions. Locke made several changes in response to Molyneux’s suggestions; they include major revisions of the chapter ‘Of Power’ (2.21), the addition of (...) the chapter ‘Of Identity and Diversity’ (2.27), and the addition of the so-called Molyneux Problem (2.9.8). Molyneux repeatedly requested that Locke develops his views on morality. Additionally, their correspondence turned to questions concerning education and Molyneux’s keen interest in the topic likely prompted Locke to publish Some Thoughts Concerning Education in 1693. Moreover, Molyneux drew on Locke’s anonymously published Two Treatises of Government in his The Case of Ireland’s Being Bound by Acts of Parliament in England, Stated, which was first published in the spring of 1698. Molyneux revealed Locke’s authorship of Two Treatises against Locke’s will, yet their friendship continued until Molyneux’s untimely death in October 1698. (shrink)

This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of natural law. (...) In particular, the article suggests that Aquinas recognizes freedom as a greater perfection of man than rationality, and that this freedom is realized, among other things, through the co-construction of the good that gives a goal and a shape to human action and to the whole of a person’s life. I argue that the co-construction of such a good involves the co-construction of natural law in the strict sense of the term. Indeed, the content of natural law can be understood as a set of goods which are goals that inform human action. From a human perspective, natural law is not a pre-existing recipe which has merely to be “read.” Defining the concrete content of natural law is an ongoing process. The process of defining natural law’s content takes humanly knowable, objective elements into account, and so draws on knowledge. Yet free choice also plays an important part in this process. When speaking of the process of defining the content of natural law, therefore, and in determining what here-and-now is to be done, it is reasonable to describe man as a creator of the natural law, or as a legislator, just as the members of a parliament are the creators of civil law — bearing in mind that only a just law is truly law and therefore the creation of both civil and natural law reaches only as far is the scope of just actions directed by these laws. From the perspective of human action, we may speak of each person’s free choice to establish a given good as the end of a specific act, and in so doing to declare that action proper under natural law in the strict sense of the term (which differs from the rules of natural law). An appreciation of what is particular and individual (particulare et individuum), and an appreciation of free choice that goes hand-in-hand with this, is deeply embedded in Thomas’s system of thought. Particularity and individuality has its basis in an especially excellent way of human existence. (shrink)

In the opinion of many Slovenian and Croatian scholars, the constitutional and legislative design of citizen-initiated referendums in their respective countries was in many ways flawed. Referendums initiated by citizens have caused, at least from the point of view of governments in these two countries, many unexpected constitutional, political and/or economic problems. Over the years, several unsuccessful constitutional reforms of the institute of referendum have been attempted both in Slovenia and Croatia. In 2013, Slovenia finally attained its ‘constitutional moment’ in (...) which it was possible to reach an almost universal consensus in the National Assembly on constitutionally redesigning the legislative referendum. On the other hand, several attempts by the Croatian Parliament to amend the constitutional provision relating to citizens’ initiatives have come to nothing due to the interests of the major parties in the constitutional amendment process being different. (shrink)

In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. Furthermore, in each case, (...) the object of the apology – that which was apologized for – comes closer to disrupting the idea both countries have of themselves, and their image in the global political community, than any previous apologies made by either government. Perhaps as a result, both apologies were surrounded by celebration and controversy alike, and tracing their consequences – even in the short term – is a difficult business. We avoid excessive piety or cynicism, I argue, when we take several things into account. First, apologies have multiple functions: they narrate particular histories of wrongdoing, they express disavowal of that wrongdoing, and they commit to appropriate forms of repair or renewal. Second, the significance and the success of each function must be assessed contextually. Third, when turning to official political apologies, in particular, appropriate assessment of their capacity to disavow or to commit requires that consider apologies both as performance and as political action. While there remain significant questions regarding the practice of political apology – in particular, its relationship to practices of reparation, forgiveness and reconciliation – this approach can provide a framework with which to best consider them. (shrink)

In March 2016, an interdisciplinary group met for two days and two evenings to explore the implications for policy making of second-order science. The event was sponsored by SITRA, the Finnish Parliament's Innovation Fund. Their interest arose from their concern that the well-established ways, including evidence-based approaches, of policy and decision making used in government were increasingly falling short of the complexity, uncertainty, and urgency of needed decision making. There was no assumption that second-order science or second-order cybernetics would (...) reveal any practical possibilities at this early stage of enquiry. On the other hand, some members of the group are practioners in both policy and in facilitating change in sectors of society. Thus, the intellectual concepts were strongly grounded in experience. This is an account of the deliberations of that group and some reflections on what came out of the various shared contributions and ensuing dialogues. The overall conclusion of the event is that there definitely are possibilities that are worthy of further research and exploration. (shrink)

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...) representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in particular, (...) for the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' War, (...) a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

The goal of this thesis is to contribute to the conceptualization of the contemporary Sami struggles for life and land. In doing so, I conduct a philosophical investigation of the emerging concept of “green colonialism.” The former president of the Sami parliament in Norway, Aili Keskitalo, has in multiple occasions invoked the term “green colonialism” to describe the contemporary implementation of wind power plants on Sami reindeer herding land. When considering Sami narratives and lived experiences and processes of meaning (...) making among Sami reindeer herders affected by the implementation of green energy in Norway, the Sami express that their voices are not being heard and that they are not taken equally into account in the decision-making processes concerning the parks. In this thesis, I answer two questions: “What is green colonialism?” and “What is wrong with green colonialism?” I argue that green colonialism is colonialism. (shrink)

In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes in (...) parliament, rather than the requirement of androgyny. Parity follows from a conception of procedural justice, for it provides a mechanism which guarantees that the interests of both sexes are fairly represented in the legislature. Parity may also go some way to alleviating the tensions which exist between feminism and multiculturalism. (shrink)

The aim of this paper is to explore and understand the Albanian Party System. The analysis will cover the period from the collapse of the communist regime in 1991 until 2014. It will try to investigate what forces drive the battle of the parties, what cleavages 'divide' society and consequently the party system as well as which are the parties that count the most. in order to assess this, the paper will focus on the parliamentary parties and will relay on (...) various theoretical concepts of the contemporary literature on political parties. First it will draw on Sartori's concept of 'relevance' in order to understand whether all the parliamentary parties over the course of twenty four years of pluralism are important or not and what weight do they have. Then it will use the Laakso - Taagepera index of the Effective Number of Parties to understand how power is distributed within the parliament. (shrink)

Voting Advice Applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. In recent years, they have been widely adopted, but their design is the subject of ongoing and often heated criticism. Most of these debates focus on whether VAAs accurately measure the standpoints of political parties and the preferences of users and on whether they report valid results while avoiding political bias. It is generally assumed that if their (...) methodology is sound, then VAAs can be seen as strengthening the democratic process. But as we argue in this chapter, the setup of VAAs raises basic questions of normative democratic theory as well. Insofar as VAAs are supposed to improve the functioning of the democratic process, it must be clarified in what sense they aim to make a contribution, before it even makes sense to discuss their effectiveness at doing so. -/- VAAs are often intended to enhance the democratic process by one or all of the following: (I) informing voters about the policy standpoints of political parties (or individual candidates), (2) increasing voter turnout, and (3) ensuring that the composition of parliaments more accurately reflects the political attitudes of the electorate. In the next three sections, we discuss three central bones of contention in current democratic theory that are crucial to these ways in which VAAs typically take themselves to contribute to strengthening the democratic process: -/- 1. Questions about citizen competence: What forms of competence do citizens need to have, and to what extent, for a democracy to function properly? -/- 2. Questions about political participation: What forms and extent of participation are vital to democracy? -/- 3. Questions about democratic representation: How should the relation between the elected and the electorate be understood? -/- For each issue we aim to show, first, how the design and setup of mainstream VAAs are tacitly structured by a specific conception of the democratic aim at issue and, second, what some alternative positions on these questions are within contemporary political theory. In the final section, we will discuss some of the implications of this analysis for the responsibilities of VAA developers, and particularly for the procedural neutrality to which they are typically committed. Our conclusion will be that once these issues are identified, developers of VAAs should either argue in favour of their views on democratic competence, participation and representation, or they should rethink the design of VA As in ways that move beyond their current assumptions, or both. (shrink)

To describe computers and sophisticated robots, many people today have no problem using personal attributes. Alan Turing published his famous intelligence test in 1950. From that time onwards, computers have gained increasingly higher status in this regard. Computers and robots nowadays are not only intelligent. They perceive, they remember, they understand, they decide, they play and so on. Recently, another such step has occurred but, this time, many researchers are seriously concerned. In February 2017, the European Parliament passed a (...) Resolution to attribute legal personhood to intelligent robots. If this is accepted as law, it will have very serious consequences for our self-understanding and for the way we live together as a community. The EU Resolution has stimulated various studies, arising mainly from the area of legal studies. It is urgent that the response include also a philosophical evaluation regarding the fundamental concepts at play. This paper seeks to make a contribution precisely in this area. It explores the attribution of legal personhood to machines by focusing on what is happening at the level of meaning. It explores crucial concepts like responsibility, autonomy, person and quasi-person by drawing inspiration from the seminal works of Aristotle and L. Wittgenstein and from the ensuing debates between current philosophers like P. Hacker and D. Dennett. The results of this paper indicate what dangers could lie ahead and what could be the right way to avoid them. (shrink)

Russia took the advantage of the contribution of the Armenian armed organizations in order to possess Istanbul, straits around it, Eastern Anatolia, to weaken Turkey, to be strengthen in the Southern Caucasus, organized the rebellion of the Armenians living in Turkey against the government. Russian ruling circles put forward the Armenian matter in order to take advantage of them. Armenians involved in the war to create their own government by obtaining the territory including Van, Bitlis, Tigranakert, Erzurum, Kharberd and Sebastya, (...) as well as Cilicia from Turkey, to solve their Armenian problem. But in fact, Russia, France and England tried to blow to Turkey pretending to try for building an independent Armenian government. The grade of contribution of Armenian military units in the First World War can be characterized as following: 1. Creating the Armenian volunteer units. 2. Establishing the regular battalions and infantry regiments and forming the national corpuses. The organizations of Hnchak and Dashnaksutyun actively participated in creating the Armenian volunteer units. Dashnaks mobilized 40 000 people to destroy the Turkish people. They established tens of khumbas. The Armenian volunteer units were commanded by Andranic Ozanyan, Dro, Amazasp, Keri, Checho, Vardan and others terrorists. Armenian volunteer units which were supposed to move in 4 directions, should act in the directions where the Armenian people were densely populated. These 4 Armenian volunteer units fight against Turks in all important combat operations from Sarigamish to Erzurum. The same time Russian army and Armenians triggered the rebellion of the local population against the Turkish government. 50000 of Armenians were fighting in French, England and USA armies. The Eastern legion of Armenians was established in French army on November 1916. On November 15, 1918, the Eastern Legion was named Armenian legion. The number of the Armenians in the legion riched to 4000. In the beginning of 1916, there was an announcement about subordination of the military detachments to army and establishment of infantry regiments based on that. Establishment of the separate Armenian corpus started at the end of December 1917. In 1917, 8 Armenian shooter regiments were established. From the mentioned 8 regiments two Armenian shooter divisions, the special Armenian division of Andranic, 3 infantry brigades of western Armenians in the Southern Caucasus region, some guerrilla troops in Erevan, Igdir guerrilla infantry and rider regiments, Zeytun regiment in Tbilisi were established. At present, Armenia often raises false claims such as the "Armenian genocide" in the parliaments of the world, trying to confirm this lie. This research proves that Armenians betrayed the Ottoman state during the First World War and also committed Turkish genocides. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

Upon abolition of the sultanate, proclamation of the Republic, and termination of the seemingly existing caliphate position, the 1921 Constitution was replaced with the 1924 Constitution, which would remain in full force until 1961. It is observed that as a result of all such consecutive developments, the no. 677 Law on Preclusion and Abolition of Lodges, Zawiyahs, Tomb Keepers and Some Titles, which had been presented to the assembly with a bill prepared by Refik Koraltan, a member of the (...) class='Hi'>parliament from Konya province, along with his friends, accepted in November 30th, 1925 and published in the official gazette in December 13th, 1925, interrupted, in general, the religious Turkish music; and in particular, the music of Mevleviyeh and Bektashism cults -lodge/dervish music- during the production stages, which has been determined to be directly connected with the following problems to be dealt with, and which will constitute the focus of our study. Therefore, our "Music Policies in Turkish Single-party Era: Religious Music Example" titled study, as mentioned above, has been the subject of the research concentrated around especially the no. 677 Law came into force in December 13th, 1925, accepted with a bill, within the scope of transitions paving the way for the proclamation of the republic, and legitimacy of various revolutions implemented, and it is important that the effects of the political mobility experienced in our country between 1923 and 1950 during the single-party era on our society, and the extent of such effects on the music life, in particular Turkish religious music education, culture and art in our country can be observed and evaluated. (shrink)

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

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

The UK Government's Higher Education (Freedom of Speech) Bill is currently progressing through Parliament. The bill is designed to strengthen free speech and academic freedom in higher education, in response to what former Education Secretary Gavin Williamson describes as ‘the rise of intolerance and cancel culture upon our campuses’. But is there really a crisis of academic freedom in British universities?To see that there is, say Judith Suissa and Alice Sullivan, we need only look at the contemporary reality of (...) suppression of debate on sex and gender. The evidence they catalogue of suppression of research, of blacklisting, harassment and smear campaigns, of no-platforming, disinvitations and shutting down of events, is incontrovertible. The recent experience of scholars and students wishing to discuss the material reality and political salience of sex makes complacency about academic freedom a luxury we cannot afford.Suissa and Sullivan set out a powerful argument for the role of academic freedom in pursuing truth within the academy and developing democracy beyond it. They effectively counter attempts to narrow the scope of academic freedom so as to render it compatible with no-platforming. And they lay out a series of practical steps administrators can take to ensure that universities are places where an expansive and pluralistic intellectual climate prevails.This is a timely and compelling intervention in a vexed but urgent public debate. For their clear-sighted diagnosis of where and how academic freedom has been eroded in our universities, and for their judicious account of what must be done to rebuild it, Suissa and Sullivan deserve a wide and attentive hearing. (shrink)

When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient must give (...) “express consent” to receiving it. Since express consent presupposes decisional capacity, this requirement rules out administering MAiD to a patient who has lost capacity. Amendments to the legislation passed by Parliament in March 2021 open the door slightly by allowing advance requests by patients after they have been approved for MAiD, if they fear losing capacity before the procedure can be administered. But this provision would apply only to patients whose natural death was deemed to be “reasonably foreseeable”, and would continue to exclude (a) requests made after diagnosis of a “grievous and irremediable medical condition” but in advance of approval for MAiD, and (b) requests made before such a diagnosis. My aim in this paper is twofold: to explore the ethical and legal issues concerning advance requests for MAiD, and to argue for expanding provision for such requests to include both of these further scenarios. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

At the end of 2015, the German parliament passed a new law, entitled "Business-like Suicide Assistance", that effectively ended a rather liberal legal take on assisted suicide in Germany. §217 of the German Criminal Code was based on a proposal drafted by members of the parliament Michael Brand, Kerstin Griese, et all., The drafters’ goal was to prohibit Right-to-Die organisations such as Sterbehilfe Deutschland e.V. as well as repeatedly acting individuals from assisting people in ending their lives. The (...) goal of this article is to outline the new law in broad brushstrokes and raise some concerns. (shrink)

The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and (...) collect taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)

When parties and interest groups interact, they can do so in several ways which could be on an informal level, lobbying for a party candidate, or group representatives approach party leaders in the parliament to lobby them on an issue. There is a plethora of studies on the extent to which major political parties and major interests have related in the past and continue to relate or interact at the organizational level. Researchers have investigated to what extent parties and (...) groups had formal organizational ties, cooperated in elections, or worked in concert on developing and implementing policies. Factors that for decades have determined the relationship between political parties and interest groups in liberal democracies are political system and subsystem development, political culture and political ideology, centralization of government and policymaking, nature of the party system, political party dependence on interest groups, encompassing characteristics of the interest group system, interest group development, ideology, and leadership. However, the pandemic has influenced to a great extend the relationship between interest groups and politics. While Covid-19 crisis has consolidated power within governments, leaving opposition parties in a bind, on the other hand it has galvanized interest groups and businesses to mobilize. The pandemic has opened up the lobbying playing field to many new players. The paper aims to investigate to what extend the pandemic has influenced the relationship between political parties, government and interest groups and what strategies have these last ones used to get heard in a time when social distancing has reduced the opportunities for face-to-face lobbying. (shrink)

On September 13, 1998, Zygmunt Bauman was honoured with the Theodor W. Adorno-Preis which the free city of Frankfurt am Main awards each year in the deconsecrated church of St. Paul, a highly symbolic place where the first democratic parliament sessions were held during the revolution of 1848-49. Not without surprise, in his thanksgiving speech, he de-clared that he felt like a “disciple of Adorno”. The intention of this essay is to reconstruct Bauman's real intellectual debt, through an analysis (...) of his writings and those of Adorno, trying to demonstrate that, in spite of Bauman's compliant criticism, it is an apparent legacy. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...) (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

Francis Bacon was the youngest son of Nicholas Bacon, lord keeper of the great seal under Elizabeth I. He left Cambridge in 1575, studied law, and entered Parliament in 1581. Though roughly contemporary with Kepler, Galileo, and Harvey, Bacon’s grand schemes for the advancement of knowledge were not driven by their discoveries: he resisted the Copernican hypothesis, and did not give mathematics a central place in his vision of natural philosophy. His active public life, under both Elizabeth and James (...) I, was taken up with political business and legal reform. Bacon achieved high office as Lord Chancellor in 1618, until disgraced by corruption charges. His final years saw a furious spate of writing on natural philosophy, politics, and history. (shrink)

Humans are capable of understanding an incredible variety of actions performed by other humans. Even though these range from primary biological actions, like eating and fleeing, to acts in parliament or in poetry, humans generally can make sense of each other’s actions. Understanding other people’s actions is called action understanding, and it can transcend differences in race, gender, culture, age, and social and historical circumstances. Action understanding is the cognitive ability to make sense of another person’s action by integrating (...) perceptual information about the behavior with knowledge about the immediate and sociocultural contexts of the action and with one’s own experience. Scholars are increasingly dissatisfied with monodisciplinary approaches to understanding human action. Such one-sidedness can rest upon various motives. For example, “hermeneutic interpretations” of action understanding tend to emphasize historical and cultural influences while overlooking that ultimately such influences depend upon individual cognitive processes. This has provoked criticism of the corresponding assumption that humans are born as a “blank slate” and that culture is solely responsible for all cognitive contents. However, such critique in turn easily slides into an overemphasis on the biology of human nature and a denial of sociocultural influences on cognition (Pinker, 2003). Fortunately, recent interdisciplinary endeavors have shown that an interdisciplinary approach is preferable when investigating complex functions like action understanding. The purpose of this chapter is to propose a “mechanism-based explanation” of action understanding that will provide a theoretical framework for integrating various and often conflicting disciplinary insights. (shrink)

This essay advances the following set of arguments: First, that we must take seriously Hobbes's claim in Behemoth that "the science of just & unjust" is a demonstrable science, accessible to those of even the meanest capacity. Second, that Leviathan is the work in which this science, intended as a serious project in civic education, is set out. Third, that Hobbes is prepared to accept, like Plato & Aristotle, "giving to each his own," as a preliminary definition of justice, from (...) which however, he draws some very un-Aristotelian conclusions. Fourth, that though in Hobbes's theory "just & unjust" are equivalent of "lawful & unlawful," this is far from being a simple statement of legal positivism, but rather the conclusion of a practical syllogism. Fifth, that the impediments to this demonstrable science of justice being universally accepted, on Hobbes's account, are twofold, explained in terms of religion & the role of preachers & educators produced by the universities, on the one hand, & by the activity of "democratical gentlemen" & classical republicans dominating parliament, on the other. Sixth, that Hobbes's account of the transition from jus to lex, specified in terms of a transition from the state of nature to that of civil society, although Epicurean in origin, is much closer to a conventional civil law position. Adapted from the source document. (shrink)

Ong, Caroline In February 2014, the Belgian parliament passed an amendment to the Belgian Act on Euthanasia of May 28th, 2002 removing the age limit of those requesting euthanasia provided that they have discerning capabilities and their parents approve. After mentioning briefly the arguments against legalising euthanasia, this article questions the ethical validity of removing the age limit, as well as the presumption that ending lives prematurely allows people to die with dignity. Caring for people who are vulnerable in (...) their suffering is the proper goal of the healing professions, not terminating lives. (shrink)