There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were retrieved (...) with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are (...) themselves procedural. These norms comprise what we hold are the three hallmarks of a procedural norm: second-orderness, providing reasons on how to engage with other norms, and outcome-neutrality. In this respect, morality is more like law than what one might have expected. (shrink)

I argue that the Universal Law formulation of the Categorical Imperative is best interpreted as a test or decision procedure of moral rightness and not as a criterion intended to explain the deontic status of actions. Rather, the Humanity formulation is best interpreted as a moral criterion. I also argue that because the role of a moral criterion is to explain, and thus specify what makes an action right or wrong, Kant's Humanity formulation yields a theory of relevant descriptions.

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Collective deliberation is fuelled by disagreements and its epistemic value depends, inter alia, on how the participants respond to each other in disagreements. I use this accountability thesis to argue that deliberation may be valued not just instrumentally but also for its procedural features. The instrumental epistemic value of deliberation depends on whether it leads to more or less accurate beliefs among the participants. The procedural epistemic value of deliberation hinges on the relationships of mutual accountability that characterize appropriately conducted (...) deliberation. I will argue that it only comes into view from the second-person standpoint. I shall explain what the second-person standpoint in the epistemic context entails and how it compares to Stephen Darwall’s interpretation of the second-person standpoint in ethics. (shrink)

This is a non-technical version of "The Decision Problem for Effective Procedures." The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined, even if it does not have a purely mathematical definition—and even if (as many have asserted) for that reason, the Church–Turing thesis (that the effectively calculable functions on natural numbers are exactly the general recursive functions), cannot be proved. However, it is logically provable from the notion of (...) an effective procedure--without reliance on any (partially) mathematical thesis or conjecture concerning effective procedures, such as the Church–Turing thesis--that the class of effective procedures is undecidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. The proof does not appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of such a procedure. Though this undecidability result itself is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure is, in fact, a decision procedure, i.e., effective—for example, that it invariably terminates with the correct verdict. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Two semantic paradoxes, the Liar and Curry’s paradox, are analysed using a newly developed conception of procedural semantics (semantics according to which the truth of propositions is determined algorithmically), whose main characteristic is its departure from methodological realism. Rather than determining pre-existing facts, procedures are constitutive of them. Of this semantics, two versions are considered: closed (where the halting of procedures is presumed) and open (without this presumption). To this end, a procedural approach to deductive reasoning is developed, based on (...) the idea of simulation. As is shown, closed semantics supports classical logic, but cannot in any straightforward way accommodate the concept of truth. In open semantics, where paradoxical propositions naturally ‘belong’, they cease to be paradoxical; yet, it is concluded that the natural choice—for logicians and common people alike—is to stick to closed semantics, pragmatically circumventing problematic utterances. (shrink)

The move from open outcry to electronic trading added another responsibility to futures exchanges—that of matching orders between buyers and sellers. Matching systems can affect the level and speed of price discovery, the distribution of revenue, as well as the level of price efficiency of a given market. Whether the matching system is procedurally fair is another important consideration. I argue that while FIFO (First In First Out) is a fair procedure in principle and is perceived as the default (...) matching system, it is not a fair procedure in practice. Likewise, while pro rata is a fair procedure in principle, it is not so in practice. Nevertheless, both FIFO and pro rata are relics of an open outcry system. Instead, I propose an alternative approach to matching systems that builds on the strengths of electronic trading—the ability to randomize in real time. I introduce random selection for service (RSS) as a matching system that is procedurally fair both in principle and in practice. (shrink)

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

I examine two explanatory models of choking: the representationalist model and the anti-representationalist model. The representationalist model is based largely on Anderson's ACT model of procedural knowledge and is developed by Masters, Beilock and Carr. The antirepresentationalist model is based on dynamical models of cognition and embodied action and is developed by Dreyfus who employs an antirepresentational view of know-how. I identify the models' similarities and differences. I then suggest that Dreyfus is wrong to believe representational activity requires reflection and (...) attention. I also argue that the representationalist model of choking is preferable, since some embodied actions require appeals to representations, something not available to Dreyfus's anti-representational model. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize (...) impartial methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

The increasing application of artificial intelligence (AI) to healthcare raises both hope and ethical concerns. Some advanced machine learning methods provide accurate clinical predictions at the expense of a significant lack of explainability. Alex John London has defended that accuracy is a more important value than explainability in AI medicine. In this article, we locate the trade-off between accurate performance and explainable algorithms in the context of distributive justice. We acknowledge that accuracy is cardinal from outcome-oriented justice because it helps (...) to maximize patients’ benefits and optimizes limited resources. However, we claim that the opaqueness of the algorithmic black box and its absence of explainability threatens core commitments of procedural fairness such as accountability, avoidance of bias, and transparency. To illustrate this, we discuss liver transplantation as a case of critical medical resources in which the lack of explainability in AI-based allocation algorithms is procedurally unfair. Finally, we provide a number of ethical recommendations for when considering the use of unexplainable algorithms in the distribution of health-related resources. (shrink)

While Yoga (also called Bhakti, “devotion”) is a comprehensive philosophy, it is importantly an ancient and basic ethical theory, unique to South Asia (what is commonly called the Indian tradition). It is not a variant of virtue ethics, consequentialism and deontology, but is an additional kind of moral theory. And in its literary articulation, in dialog and story (such as the Mahābhārata and the Upaniṣads), it has a long history of criticizing teleological ethical theories, including – and especially – consequentialism. (...) It is a radically procedural ethical theory, does not require the Good to elucidate the Right, and provides a critical response to all three alternatives. -/- The main obstacle to understanding Yoga is methodological. It pertains to how we can understand philosophical options that we do not necessarily agree with, and which are novel relative to our background assumptions and beliefs. Without methodological clarity, we will be doomed to understand alternatives in terms of familiar options. Yoga's metaethics provides us the tools necessary to engage in this research. In addition, it also sets out a unique normative (ideal) ethical theory and a non-ideal practice that is now the foundation of decolonial practices of direct action. (shrink)

We consider several natural fragments of the alternating-time temporal logics ATL* and ATL with restrictions on the nesting between temporal operators and strategic quantifiers. We develop optimal decision procedures for satisfiability in these fragments, showing that they have much lower complexities than the full languages. In particular, we prove that the satisfiability problem for state formulae in the full `strategically flat' fragment of ATL* is PSPACE-complete, whereas the satisfiability problems in the flat fragments of ATL and ATL$^{+}$ are $\Sigma^P_3$-complete. We (...) note that the nesting hierarchies for fragments of ATL* collapse in terms of expressiveness above nesting depth 1, hence our results cover all such fragments with lower complexities. (shrink)

This paper examines two ideas of John Rawls that are rarely discussed in conjunction: pure procedural justice (PPJ) and property-owning democracy. Applied to matters of distribu- tion, PPJ orders the establishment of fair procedures under which any private transaction can be considered just. It aims to secure equality without fixating on patterns of distribu- tion. How such an approach is constituted and how it applies to different stages of theori- sation are explored. Three components of PPJ and three guidelines for (...) its institutionalisa- tion are identified. As such, PPJ also provides a backbone to property-owning democracy. The understanding of property-owning democracy as an institution of PPJ helps us assess various interpretations and refinement of property-owning democracy. (shrink)

This paper takes up the challenge which Carnap poses in his Aufbau: to make of it a basis for continued epistemological research. I try to close some gaps in Carnap’s original presentation and to make at least the first few steps of his constructional outline more accessible to the modern reader. Particularly emphasized is Carnap’s implicit recognition that, to be effective, “structural” models of epistemology (using logical symbols) must be complemented with “procedural” models (his “fictitious operations”). The paper shows how (...) a procedural model, a computer program,can “bypass” Nelson Goodman’s counter example to Carnap’s logical construction of “similarity circles”. (shrink)

We develop a conceptually clear, intuitive, and feasible decision procedure for testing satisfiability in the full multi\-agent epistemic logic \CMAELCD\ with operators for common and distributed knowledge for all coalitions of agents mentioned in the language. To that end, we introduce Hintikka structures for \CMAELCD\ and prove that satisfiability in such structures is equivalent to satisfiability in standard models. Using that result, we design an incremental tableau-building procedure that eventually constructs a satisfying Hintikka structure for every satisfiable input (...) set of formulae of \CMAELCD\ and closes for every unsatisfiable input set of formulae. (shrink)

A violation of procedure invariance in preference measurement is that the predominant or prominent attribute looms larger in choice than in a matching task. In Experiment 1, this so-called prominence effect was demonstrated for choices between pairs of options, choices to accept single options, and preference ratings of single options. That is, in all these response modes the prominent attribute loomed larger than in matching. The results were replicated in Experiment 2, in which subjects chose between or rated their (...) preference for pairs of options which were matched to be equally attractive either in the same session or 1 week earlier. On the basis of these and previous results, it is argued that the prominence effect is a reliable phenomenon. However, none of several cognitive explanations which have been offered appears to be completely viable. (shrink)

This paper describes a decision procedure for disjunctions of conjunctions of anti-prenex normal forms of pure first-order logic (FOLDNFs) that do not contain V within the scope of quantifiers. The disjuncts of these FOLDNFs are equivalent to prenex normal forms whose quantifier-free parts are conjunctions of atomic and negated atomic formulae (= Herbrand formulae). In contrast to the usual algorithms for Herbrand formulae, neither skolemization nor unification algorithms with function symbols are applied. Instead, a procedure is described that (...) rests on nothing but equivalence transformations within pure first-order logic (FOL). This procedure involves the application of a calculus for negative normal forms (the NNF-calculus) with A -||- A & A (= &I) as the sole rule that increases the complexity of given FOLDNFs. The described algorithm illustrates how, in the case of Herbrand formulae, decision problems can be solved through a systematic search for proofs that reduce the number of applications of the rule &I to a minimum in the NNF-calculus. In the case of Herbrand formulae, it is even possible to entirely abstain from applying &I. Finally, it is shown how the described procedure can be used within an optimized general search for proofs of contradiction and what kind of questions arise for a &I-minimal proof strategy in the case of a general search for proofs of contradiction. (shrink)

In this paper, we outline a comprehensive approach to composed analogies based on the theory of conceptual spaces. Our algorithmic model understands analogy as a search procedure and builds upon the idea that analogical similarity depends on a conceptual phenomena called ‘dimensional salience.’ We distinguish between category-based, property-based, event-based, and part-whole analogies, and propose computationally-oriented methods for explicating them in terms of conceptual spaces.

The longstanding tension between the procedural and instrumental justification of democracy has been challenged by the theories that try to combine both approaches. These theories portray epistemic features of democracy in an instrumental framework and then try to reconcile them with procedural values. In this paper, I argue that it is possible to incorporate an epistemic dimension into a justification of democracy, without resorting to instrumentalism. On the view that I advance, Peircean epistemology, when combined with intrinsically valued epistemic virtues, (...) constitutes a purely procedural argument for democracy. (shrink)

Clinical psychology is characterized by persistent disagreement about fundamental aspects of the discipline ranging from what mental disorders are to what constitutes effective treatment. Attempts to address the problem of epistemic disagreement have been frequently based on establishing the correct answer by fiat without identifying and addressing the sources of the disagreement. We argue that this strategy has not worked very well and the result is frequently ongoing and intractable disagreement, with each side in an argument convinced they are correct. (...) In this paper, we outline an epistemic disagreement procedural model intended to assist researchers and clinicians in the field of clinical psychology to identify, explore, and develop inquiry strategies that capitalize on situations where competing knowledge claims are made. The result is a flexible conceptual framework committed to a defensible epistemic pluralism, fallibilism, and contextualism, across the various research tasks constituting the field of clinical psychology. (shrink)

Imagine a group that faces a decision problem but does not agree on which decision procedure is appropriate. In that case, can a decision be reached that respects the procedural concerns of the group? There is a sense in which legitimate decisions are possible even if people disagree on which procedure to use. I propose to decide in favour of an option which maximizes the number of persons whose judged-right procedure happens to entail this decision given the (...) profile. This decision rule is based not only ona profile in the standard sense, but in addition on a profile of judged-right procedures. To justify this decision rule, I present a set of simple axioms leading to it as the only solution. (shrink)

We approach the topic of solution equivalence of propositional problems from the perspective of non-constructive procedural theory of problems based on Transparent Intensional Logic (TIL). The answer we put forward is that two solutions are equivalent if and only if they have equivalent solution concepts. Solution concepts can be understood as a generalization of the notion of proof objects from the Curry-Howard isomorphism.

The 2010s were a golden age of information privacy research, but its policy accomplishments tell a mixed story. Despite significant progress on the development of privacy theory and compelling demonstrations of the need for privacy in practice, real achievements in privacy law and policy have been, at best, uneven. In this chapter, I outline three broad shifts in the way scholars (and, to some degree, advocates and policy makers) are approaching privacy and social media. First, a change in emphasis from (...) individual to structural approaches. Second, increasing attention to the political economy of privacy—especially the business models of information companies, such as social media platforms. And third, a deeper understanding of privacy’s role in a healthy digital public sphere. (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)

Epistemology has taken a zetetic turn from the study of belief towards the study of inquiry. Several decades ago, theories of bounded rationality took a procedural turn from attitudes towards the processes of inquiry that produce them. What is the relationship between the zetetic and procedural turns? In this paper, I argue that we should treat the zetetic turn in epistemology as part of a broader procedural turn in the study of bounded rationality. I use this claim to motivate and (...) clarify the zetetic turn in epistemology, as well as to reveal the need for a second zetetic turn within practical philosophy. (shrink)

This study aimed to identify the effect of procedural justice on organizational loyalty from the point of view of Faculty Staff at Palestine Technical University- Kadoorei. It also aimed to identify the differences in the views of the study sample on the study variables according to the years of service. In order to achieve this, the researchers used a questionnaire consisting of (22) paragraphs where the first area (10) paragraphs looking at procedural justice while the paragraphs of the second area (...) and the number of (12) paragraph in the field of organizational allegiance to Faculty Staff at the university, (105) questionnaires were distributed on the sample of the study, and after the process of distribution of the questionnaire was collected and coded and entered into the computer and processed statistically using the statistical program of social sciences (SPSS). One of the most important findings of the study was that the degree of procedural justice at the heads of departments at Palestine Technical University- Kadoorei, from the point of view of Faculty Staff was between the medium and large, where the average arithmetic (3.65). Respondents also showed a high level of organizational loyalty (3.84). The study also showed a statistically significant effect at the level of significance (α = 0.05) for procedural fairness in achieving organizational loyalty, and the absence of differences attributed to years of experience. In the light of the results of the previous study, the researchers recommended several recommendations, the most important of which is to increase the awareness of the workers on the principles of procedural justice, to encourage adherence to them and to indicate their importance in job performance by creating systems and methods that ensure commitment to justice by raising the ability of leaders to build new policies and visions Which would promote the work of institutions. (shrink)

In a recent paper in Astrophysics and Space Science Vol. 364 no. 11 (2019), S. Ershkov & D. Leschenko presented a new solving procedure for Euler-Poisson equations for solving momentum equations of the CR3BP near libration points for uniformly rotating planets having inclined orbits in the solar system with respect to the orbit of the Earth. The system of equations of the CR3BP has been explored with regard to the existence of an analytic way of presentation of the approximated (...) solution in the vicinity of libration points. A new and elegant ansatz has been suggested in their publication whereby, in solving, the momentum equation is reduced to a system two coupled Riccati ODEs. In this paper, we presented a numerical solution of such coupled Riccati ODEs using Mathematica software package. (shrink)

Pourquoi accorder un rôle essentiel à la délibération publique dans le choix des normes éthiques et politiques guidant les sciences? À partir d’un débat récent en économie du bien-être, cet article soutient que l’introduction de normes éthiques et politiques en sciences doit respecter le principe de neutralité procédurale, et qu’une délibération publique bien encadrée respecte ce principe. Je présenterai deux raisons de croire que les sciences doivent respecter la neutralité procédurale. Le premier argument est lié au rôle que devrait jouer (...) l’examen libre et critique dans le développement des sciences. Le second argument repose sur l’idée que les sciences devraient être sensibles aux procédures présentant le meilleur potentiel épistémique. Pour ces deux raisons, si elle prend position en faveur d’idéaux normatifs, l’économie du bien-être devrait se tourner vers une approche délibérative, rationnelle et impartiale pour y parvenir. (shrink)

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act (ACA) was created. (...) This reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the seed (...) planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. (shrink)

This article has provided a critical review of sampling procedures in the context of Sierra Leone. The basics of the two major types of sampling procedures (probability and non-probability) have been explained, with a view of shedding light on their usage to assist researchers in their pursuance of addressing proposed hypothetical statements. Problems associated with low literacy rate in Sierra Leone have been highlighted as a major concern, more so in the process of ensuring ethical code of conducts are adhered (...) to during the execution of sampling research. Research practices in the country needs a complete overhaul, particularly with its very low investment in ‘Higher Education Institutions (HEIs)’ to help support the backbone of research, and backed by investment in technology to assist with the enhancement of exploring sampling data in pursuit of addressing hypothetical postulates / research questions during research. (shrink)

Stephanie Collins’ Group Duties offers interesting new arguments and brings together numerous interconnected issues that have hitherto been treated separately. My critical commentary focuses on two particularly original and central claims of the book: (1) Only groups that are united under a group-level decision-making procedure can bear duties. (2) Attributions of duties to other groups should be understood as attributions of “coordination duties” to each member of the group, duties to take steps responsive to the others with a view (...) to the group’s φ-ing or express willingness to do so. In support of the first claim, Collins argues that only groups that can make decisions can bear duties, and that the ability to make decisions requires the relevant sort of decision-making procedure. I suggest that both parts of this argument remain in need of further support. I furthermore argue that Collins’ account of coordination duties gets certain kinds of cases wrong, and suggest that attributions of duties to groups without decision-making procedures are more plausibly understood as attributing shared duties. (shrink)

The use and acquisition of knowledge appears to be influenced by what humans pay attention to. Thus, looking at attention will tell us something about the mechanisms involved in knowledge (usage). According to the present review, attention reflects selectivity in information processing and it is not necessarily also reflected in a user’s consciousness, as it is rooted in skill memory or other implicit procedural memory forms–that is, attention is rooted in the necessity of human control of mental operations and actions. (...) The main assumption is that what is true of processing in general is also true of knowledge: Its usage cannot be understood, unless we have the means to study all mechanisms involved, including knowledge hidden from direct introspection and knowledge that participants are not willing to share with interrogators. Reviewing work done in this context, I argue that experimental research on selectivity and bias in human information processing is a promising road to learn about the principles governing knowledge (usage) and to reflect upon them. (shrink)

In this paper I shall deal with the role of "understanding a thought" in the debate on the definition of the content of an assertion. I shall present a well known tension in Frege's writings, between a cognitive and semantic notion of sense. This tension is at the source of some of the major contemporary discussions, mainly because of the negative influence of Wittgenstein's Tractatus, which did not give in-depth consideration to the tension found in Frege. However many contemporary authors, (...) after the first attempt by Carnap himself, have tried to make room both for a cognitive and semantic aspect of meaning. I claim that at least some of these attempts (Dummett, Perry and Chalmers) are seriously flawed, mainly due to the difficulty in making a proper connection between the two different conceptions of sense. I shall outline an alternative project, which takes into consideration Frege's requirements on antipsychologism and of the objectivity of thought, while maintaining a close connection between the two aspects of sense. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

Part of a symposium on John Rawls: Reticent Socialist by William Edmundson . In Edmundson’s account, pure procedural justice functions as a kind of limit to Rawls’s socialism, the point at which a socialist can find common ground with a critic of government and a defender of free markets like Hayek. Though I agree with much of what Edmundson says, I want to urge a reading of pure procedural justice that would bring Rawls more in line with Marx and further (...) from Hayek. (shrink)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education (...) have been lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

W niniejszym opracowaniu zmierzać będę do uzasadnienia tezy, że przyj­ mowane procedury prawotwórcze i interpretacyjne nie tylko, co oczywiste, są legitymizowane wartościami typu formalnego, i co więcej, nie tylko war­ tościami typu materialnego, których realizacji służyć ma system prawny, ale także fundamentalnymi rozstrzygnięciami metaaksjologicznymi, dotyczącymi tego, jak istnieją i jak mogą być poznawane wartości. Zmierzając do realizacji tego celu uwyraźnię problematykę metaaksjologiczną w kontekście zagadnie­nia legitymizacji, formułując zasadnicze dylematy, które sprowadzają się do wyboru między koncepcją czystych wartości a koncepcją wartości (...) jako dóbr oraz między uznaniem obiektywnego ugruntowania wartości skorelowanym z uznaniem kognitywizmu metaetycznego a odrzuceniem obiektywnego ugruntowania i kognitywizmu. Zarysuję także zasadnicze możliwości ar­gumentacji w sprawie identyfikacji rozstrzygnięć w tym zakresie przyjętych w Konstytucji RP z 2 kwietnia 1997 roku. Zaznaczyć trzeba, że nie jest celem tego opracowania identyfikowanie konkretnych rozstrzygnięć aksjologicznych i metaaksjologicznych legitymizujących prawo, a jedynie wskazanie istotnych problemów i dylematów w kwestii legitymizacyjnych funkcji rozstrzygnięć metaaksjologicznych. (shrink)

The aim of the research is to identify the role of policies and procedures for the electronic document management system in the success of the electronic document management system in the Palestinian Pension Agency. In order to achieve the objectives of the study, the researchers used the analytical descriptive method in which the tries to describe the phenomenon studied, analyze its data, the relationship between its components and the opinions that are raised around it, and use the comprehensive inventory method (...) due to the small size of the society. (108) questionnaires were distributed to the community of 65 employees in Gaza Strip and 43 employees in the West Bank. All the responses were retrieved. The research found that there is a clear adoption by the Commission of the policies and procedures put in place to implement the electronic management system of electronic documents. The study showed that there are no statistically significant differences between the responses of the study population regarding the role of policies and procedures for the electronic document management system in the success of the electronic document management system in the Palestinian Pension Agency due to variable (age, nature of job, specialization). And showed that there is a fundamental difference in the opinion of members of the study community on the role of policies and procedures for the electronic document management system in the success of the electronic document management system in the Palestinian Pension Agency attributed to the scientific qualification, and shows the difference in favor of the bachelor's degree. And years of service, and shows the difference in favor of the 11-15 year category. The research led to a number of recommendations, the most important of which is the increase of interest and awareness of the need to implement policies and procedures to ensure the success of the electronic document management system through access to and benefit from the experiences of other institutions and the private sector. And the need to focus on the attention to develop appropriate and clear plans and dissemination on the electronic document management system and specific to specific objectives and the Commission is committed to apply them, the need to pay attention to the development of strategic plans and policies and work mechanisms commensurate with the electronic document management system, and the need to define a policy in advance to form a team of different specialties of the staff of the Authority and cooperation with consultants from outside the body to work on the electronic document system. (shrink)

The work tends to point out the deficiency of some opinions claiming simplified presentation of the promise as the act that directly rise obligation for the promisor. Promises, either in the moral or legal sphere, are based on communication and so form an order of dependent steps that indicates their procedural nature. These characteristics may differ to a lesser extent, depending on the legal systems, moral norms of the society and its technical level and its needs. In all these cases, (...) however, the procedural characteristics of promises, especially in conditional promises, as well as the promises in contractual relations, persists. In our analysis we wish to show that the consistent conception of promise has to take into account a step of acceptance. The outcome of this approach relativizes a strong distinction between promise and offer. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)