The fallacy of ignoring qualifications, or secundum quid et simpliciter, is a deceptive strategy that is pervasive in argumentative dialogues, discourses, and discussions. It consists in misrepresenting an utterance so that its meaning is broadened, narrowed, or simply modified to pursue different goals, such as drawing a specific conclusion, attacking the interlocutor, or generating humorous reactions. The “secundum quid” was described by Aristotle as an interpretative manipulative strategy, based on the contrast between the “proper” sense of a statement and its (...) meaning taken absolutely or in a certain respect. However, how can an “unqualified” statement have a proper meaning different from the qualified one, and vice versa? This “linguistic” fallacy brings to light a complex relationship between pragmatics, argumentation, and interpretation. The secundum quid is described in this paper as a manipulative argument, whose deceptive effect lies in its pragmatic dimension. This fallacy is analyzed as a strategy of decontextualization lying at the interface between pragmatics and argumentation and consisting of the unwarranted passage from an ut-terance to its semantic representation. By ignoring the available evidence and the presumptive interpretation of a statement, the speaker places it in a different context or suppresses textual and contextual evidence to infer a specific meaning different from the presumable one. (shrink)

Given the extremely tight job market for professional philosophers, more Ph.Ds. are beginning to consider jobs at the community college level. There are good reasons for considering this avenue: if you enjoy teaching, the job focus is on teaching, and you evaluation and tenure depend primarily on your performance in the classroom; if the prospect of working with a very diverse student body, both in terms of background and skill set, appeals to you; if the location in which you live (...) is large part of job satisfaction, there is a far greater ability to get a job in an urban area via the community college track. However, to get a job at a community college, one thing is prized above all: teaching experience. Yet this is where the newly minted graduate student may well be at a disadvantage in the community college hiring process. In this article I seek to address the issue of how to become a strong candidate for a community college position right out of graduate school. (shrink)

There is currently an academic debate among researchers regarding the influence of age and gender on ICT utilisation generally among lecturers. This study was designed to contribute to this debate and open up new paths to areas on which researchers have focused little or no attention. This study examined lecturers’ variables (gender, age, educational qualification and rank) and the utilisation of ICT resources for teaching, research, and records management in higher education. The study adopted a descriptive survey design. The (...) study’s population comprised of 9,604 lecturers at the University of Calabar. A total of 313 lecturers who were available in their offices during data collection responded to a questionnaire which was designed by the researchers. Major findings showed that the extent of lecturers' utilisation of ICT for teaching, research, and records management is significantly low. Also, staff' educational qualification, rank, gender, and age significantly influence the utilisation of ICT for teaching, research and records management. Also, the utilisation of ICT resources decreased with lecturers’ educational qualifications, rank and age; male lecturers were more competent in the use of ICT resources than females. It was concluded that lecturers' variables play a significant role on the extent to which they utilise ICT resources for teaching, research and records management in higher education. This study creates a new path of innovation in education on which prospective researches could focus. (shrink)

This paper finds out whether a higher degree matters in school performance, and in demonstrating leadership and core behavioral competencies among school heads. This was conducted to support the existing and future policies of the Department of Education and interested funders for the scholarship and advanced studies of school heads. Using a cross-sectional method, it involved 192 randomly selected participants. Data on school performance was obtained at the office of Surigao del Sur Division, while data on competencies were gathered through (...) the self-administered assessment tools developed by the Department of Education. These data were analyzed using descriptive statistics and analysis of variance. Results revealed that there was no significant difference in the school performance of school heads. This implies that the highest degree obtained is not a guarantee for better school performance. As found, those with doctorate degrees had a very high and consistent demonstration in all dimensions of leadership and core behavioral competencies. As unveiled, there were significant differences in the demonstrated competencies based on the highest educational qualifications. These imply that obtaining the highest degrees can allow school heads to acquire, develop, and demonstrate the competencies consistently better than their counterparts. Results have implications for DepEd officials, funders, and policy-makers. (shrink)

Qualifications are needed to make the point a tight one, but it seems quite plain that it is wrong to kill people. What is not so plain is why it is wrong to kill people, especially when one considers that the person killed will not be around to suffer the consequences afterwards. He does not suffer as a consequence of his death, and he need not suffer even while dying. There are various conditions more or less commonly accepted as making (...) it not wrong to kill somebody : I may kill somebody if he threatens to kill me and killing him is my only means of defending myself ; I may kill somebody if the leader of my society announces that we are in a state of war with the other person's society ; I may kill somebody if he is my slave or a member of another tribe or has passed the age of 65 ; I may kill somebody if he has committed such crimes as to be declared an outlaw; or I may kill somebody if he is in great and unrelievable pain. Each of these conditions is more or less widely accepted in this society or another as making killing permissible, so one cannot reasonably say simply that it is quite certain that killing people is wrong whether or not it is clear why killing people is wrong. But certainly some cases of killing people are wrong, and in working out just what makes these cases wrong we ought also to be working out just what conditions make killings permissible. (shrink)

There is a broad philosophical consensus that both children’s and prospective parents’ interests are relevant to the justification of a right to parent. Against this view, I argue that it is impermissible to sacrifice children’s interests for the sake of advancing adults’ interest in childrearing. Therefore, the allocation of the moral right to parent should track the child’s, and not the potential parent’s, interest. This revisionary thesis is moderated by two additional qualifications. First, parents lack the moral right to exclude (...) others from associating with the child. Second, children usually come into the world as part of a relationship with their gestational mother; often, this relationship deserves protection. (shrink)

It is widely alleged that metaphysical possibility is “absolute” possibility Conceivability and possibility, Clarendon, Oxford, 2002, p 16; Stalnaker, in: Stalnaker Ways a world might be: metaphysical and anti-metaphysical essays, Oxford University Press, Oxford, 2003, pp 201–215; Williamson in Can J Philos 46:453–492, 2016). Kripke calls metaphysical necessity “necessity in the highest degree”. Van Inwagen claims that if P is metaphysically possible, then it is possible “tout court. Possible simpliciter. Possible period…. possib without qualification.” And Stalnaker writes, “we can (...) agree with Frank Jackson, David Chalmers, Saul Kripke, David Lewis, and most others who allow themselves to talk about possible worlds at all, that metaphysical necessity is necessity in the widest sense.” What exactly does the thesis that metaphysical possibility is absolute amount to? Is it true? In this article, I argue that, assuming that the thesis is not merely terminological, and lacking in any metaphysical interest, it is an article of faith. I conclude with the suggestion that metaphysical possibility may lack the metaphysical significance that is widely attributed to it. (shrink)

I examine the meaning and merits of a premise in the Exclusion Argument, the causal closure principle that all physical effects have physical causes. I do so by addressing two questions. First, if we grant the other premises, exactly what kind of closure principle is required to make the Exclusion Argument valid? Second, what are the merits of the requisite closure principle? Concerning the first, I argue that the Exclusion Argument requires a strong, “stringently pure” version of closure. The latter (...) employs two qualifications concerning the physical sufficiency and relative proximity of the physical cause required for every physical effect. The second question is addressed in two steps. I begin by challenging the adequacy of the empirical support offered by David Papineau for closure. Then I assess the merits of “level” and “domain” versions of stringently pure closure. I argue that a domain version lacks adequate and non-question-begging support within the context of the Exclusion Argument. And I argue that the level version leads to a puzzling metaphysics of the physical domain. Thus, we have grounds for rejecting the version of closure required for the Exclusion Argument. This means we can resist the Exclusion Argument while avoiding the implausible implications that come with rejecting one of its other premises. That is, because there are grounds to reject causal closure, one can reasonably affirm the non-overdeterminative causal efficacy of conscious mental states while denying that the latter are identical with physical states. (shrink)

Several philosophers advance substantive theories of propositions, to deal with several issues they raise in connection with a concern with a long pedigree in philosophy, the problem of the unity of propositions. The qualification ‘substantive’ is meant to contrast with ‘minimal’ or ‘deflationary’ – roughly, views that reject that propositions have a hidden nature, worth investigating. Substantive views appear to create spurious problems by characterizing propositions in ways that make them unfit to perform their theoretical jobs. I will present (...) in this light some critical points against Hanks’ (2015, 2019) act-theoretic view, and Recanati’s (2019) recent elaboration of Hanks’ notion of cancellation. Both Hanks and Recanati, I’ll argue, rely on problematic conceptions of fiction and pretense. (shrink)

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

The current debate over aesthetic testimony typically focuses on cases of doxastic repetition — where, when an agent, on receiving aesthetic testimony that p, acquires the belief that p without qualification. I suggest that we broaden the set of cases under consideration. I consider a number of cases of action from testimony, including reconsidering a disliked album based on testimony, and choosing an artistic educational institution from testimony. But this cannot simply be explained by supposing that testimony is usable (...) for action, but unusable for doxastic repetition. I consider a new asymmetry in the usability aesthetic testimony. Consider the following cases: we seem unwilling to accept somebody hanging a painting in their bedroom based merely on testimony, but entirely willing to accept hanging a painting in a museum based merely on testimony. The switch in intuitive acceptability seems to track, in some complicated way, the line between public life and private life. These new cases weigh against a number of standing theories of aesthetic testimony. I suggest that we look further afield, and that something like a sensibility theory, in the style of John McDowell and David Wiggins, will prove to be the best fit for our intuitions for the usability of aesthetic testimony. I propose the following explanation for the new asymmetry: we are willing to accept testimony about whether a work merits being found beautiful; but we are unwilling to accept testimony about whether something actually is beautiful. (shrink)

Workplace democracy is often defined, and has recently been defended, as a form of intra-firm governance in which workers have control rights over management with no ownership requirement on their part. Using the normative tools of republican political theory, the paper examines bargaining power disparities and moral hazard problems resulting from the allocation of control rights and ownership to different groups within democratic firms, with a particular reference to the European codetermination system. With various qualifications related to potentially mitigating factors, (...) such as workforce and shareholder composition or risk aversion and reallocation, the paper contends that forms of workplace democracy in which workers control and own the firm, such as cooperativism, are preferable to other forms, such as codetermination, in which ownership and control rights are formally separated. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. Footnotesa (...) For very helpful comments, I am indebted to Dani Attas, Ellen Frankel Paul, Robert Johnson, Brian Kierland, Mike Otsuka, Eric Roark, and the other contributors to this volume. (shrink)

In this peer commentary on L. Syd M. Johnson’s “Inference and Inductive Risk in Disorders of Consciousness,” I argue for the necessity of disability education as an integral component of decision-making processes concerning patients with DOC and, mutatis mutandis, all patients with disabilities. The sole qualification Johnson places on such decision-making is that stakeholders are educated about and “understand the uncertainties of diagnosis and prognosis.” Drawing upon research in philosophy of disability, social epistemology, and health psychology, I argue that (...) this educational qualification is insufficient to address systemic ableism and other forms of epistemic bias in quality of life judgments. (shrink)

Let F be a fact in virtue of which an agent, S, is blameworthy for performing an act of A-ing. We advance a slightly qualified version of the following thesis: -/- (Reason) F is (at some time) a reason for S to feel guilty (to some extent) for A-ing. -/- Leaving implicit the qualification concerning extent, we claim as well: -/- (Desert) S's having this reason suffices for S’s deserving to feel guilty for A-ing. -/- We also advance a (...) third thesis connecting desert of feeling guilty with the fittingness of this response. -/- In light of our three theses, we address several claims that have been made regarding responsibility and desert. We take issue with the divorce of desert from responsibility. We find acceptable a claim regarding blameworthiness and reason to induce guilt, and we defend the idea that it is noninstrumentally good that one who is blameworthy be subject to a fitting feeling of guilt. We argue against a view on which desert of blame has a teleological dimension. (shrink)

I consider the fundamental philosophical problem for Christology: how can one and the same person, the Second Person of the Trinity, be both God and man. For being God implies having certain attributes, perhaps immutability, or impassibility, whereas being human implies having apparently inconsistent attributes. This problem is especially vexing for the proponent of Conciliar Christology – the Christology taught in the Ecumenical Councils – since those councils affirm that Christ is both mutable and immutable, both passible and impassible, etc. (...) Many extant solutions to this problem approach it by claiming that the predicates are incompatible when said of the same thing without qualification, but that once the appropriate qualification is added, compatibility is achieved. I provide a different approach. Here I argued that the predicates can be understood so that they are compatible. I then work out the logical relations between the predicates, so understood, showing that no contradiction follows from understanding them in the way I suggest. After that, I consider some of the motivations we have for believing the purportedly incompatible pairs to be, in fact, incompatible, and argue that, on the view offered here, we can salvage most of our intuitions that motivate taking the predicates as incompatible. Finally, I consider three objections. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, (...) we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in support of considerations (...) bearing upon the permissibility of abortion is beyond public reason’s remit. Thus, it will scarcely if ever be legitimate to restrict women’s equality and bodily autonomy for the sake of the foetus, even at full term. In this paper, I argue that Williams fails to establish that Rawlsian reasonable citizens must endorse the radically permissive stance vis-à-vis abortion. Citizens can, I claim, reasonably accord the value of respect for human life weight, and indeed converge on the claim that it outweighs other salient political values, during later stages of gestation. Nevertheless, Williams’s argument gets something right in that it reveals why the value of respect for human life is inadmissible at the bar of public reason in early stages of pregnancy. But then, far from throwing Rawlsian public reason into disrepute, Williams’s argument actually (albeit inadvertently) provides arguably more compelling grounds than any hitherto rallied for endorsing Rawls’s much maligned claim that opposition to the duly qualified right to abortion in the first trimester of pregnancy is ‘unreasonable’. (shrink)

The purpose of this research is to identify the extent of the efficiency of the internal control environment in the Palestinian higher educational institutions in Gaza Strip from the perspective of employees in the Palestinian universities in Gaza Strip, where researchers used in the study five universities. The researchers adopted in their study the descriptive and analytical approach. The research community consists of administrative employees and academic employees with administrative duties. Senior management or the University Council was excluded. The study (...) population compromises of (392) employees. A stratified random sample was chosen and (197) questionnaires were distributed. (160) questionnaires were received back with a return rate of (81.2%).The researchers used a questionnaire to collect that which then was analyzed using (SPSS) to get the results. The research found the following results: the absence of a fundamental difference between the responses of males and females. The lack of significant difference between the responses of the respondents attributed to the variable age. The lack of significant difference between the responses of the respondents attributed to the variable of years of service. And the existence of a fundamental difference between the responses of the respondents attributed to the university variable. The existence of a fundamental difference between the responses of the respondents attributed to the Qualification variable. The existence of a fundamental difference between the responses of the respondents attributed to the administrative level variable. The research found a group of recommendations including: the need to raise awareness of censorship as the basis for the protection of employees in all administrative levels from making mistake.Updating the systems and instructions of control periodically and parallel with the scientific progress and technology.Benefit from regional and international experiences in the application of internal control standards which commensurate with the administrative system of the institution. (shrink)

We work with a large spatialized array of individuals in an environment of drifting food sources and predators. The behavior of each individual is generated by its simple neural net; individuals are capable of making one of two sounds and are capable of responding to sounds from their immediate neighbors by opening their mouths or hiding. An individual whose mouth is open in the presence of food is “fed” and gains points; an individual who fails to hide when a predator (...) is present is “hurt” by losing points. Opening mouths, hiding, and making sounds each exact an energy cost. There is no direct evolutionary gain for acts of cooperation or “successful communication” per se. In such an environment we start with a spatialized array of neural nets with randomized weights. Using standard learning algorithms, our individuals “train up” on the behavior of successful neighbors at regular intervals. Given that simple setup, will a community of neural nets evolve a simple language for signaling the presence of food and predators? With important qualifications, the answer is “yes.” In a simple spatial environment, pursuing individualistic gains and using partial training on successful neighbors, randomized neural nets can learn to communicate. (shrink)

This article analyses the fallacy of wrenching from context, using the dialectical notions of commitment and implicature as tools. The data, a set of key examples, is used to sharpen the conceptual borderlines around the related fallacies of straw man, accent, misquotation, and neglect of qualifications. According to the analysis, the main characteristics of wrenching from context are the manipulation of the meaning of the other’s statement through devices such as the use of misquotations, selective quotations, and quoting out of (...) context. The theoretical tools employed in the analysis are pragmatic theories of meaning and a dialectical model of commitment, used to explain how and why a standpoint is distorted. The analysis is based on a conception of fallacies as deceptive strategic moves in a game of dialogue. As a consequence, our focus is not only on misquotations as distortions of meaning, but on how they are used as dialectical tools to attack an opponent or win a dispute. Wrenching from context is described as a fallacy of unfairly attributing a commitment to another party that he never held. Its power as a deceptive argumentation tactic is based on complex mechanisms of implicit commitments and on their misemployment to improperly suggest an attribution of commitment. (shrink)

The aim of the study was to identify the organizational structure and its relation to the prevailing pattern of communication in the Palestinian universities. The researchers used the analytical descriptive method through a questionnaire randomly distributed among Palestinian university workers in the Gaza Strip. The study was conducted on a sample of (274) administrative staff from the three universities, and the response rate was (81.87%). The study found that there is a high satisfaction with the nature of the organizational structure (...) in the Palestinian universities from the point of view of the administrative staff, which reached 68.05%. And that there is a high level of communication pattern prevailing from the point of view of administrative staff, where the percentage (71.32%), there is a direct correlation between the nature of the organizational structure and the prevailing pattern of communication, the absence of differences between the sample according to the gender variable in their perception of the nature of the organizational structure and the prevailing pattern of communication, the absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication prevailing according to the variable age. There are differences of statistical significance in the perception of the nature of the organizational structure and the pattern of communication depending on the variable of scientific qualification in the organizational structure, and the pattern of communication. Differences were in favor of diploma holders compared to other practical qualifications. There is an absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication depending on the variable years of service. There is absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication depending on the variable level of career (Director, Head of Department, and Administrative Officer). There is absence of differences in the perception of employees of the nature of the organizational structure and the pattern of communication depending on the variable of the workplace. And the existence of differences in the perception of the employees of the nature of the organizational structure and pattern of communication depending on the university in which they work. And that there are statistically significant differences between the Islamic University and Al-Azhar University, the nature of the organizational structure and the pattern of communication in favor of the Islamic University. And that there are statistically significant differences between Al-Azhar University and Al-Aqsa University in the prevailing pattern of communication in favor of Al-Azhar University. The study reached a number of recommendations, the most important of which is that the departments of the Palestinian universities in the Gaza Strip in general, Al-Aqsa University and Al-Azhar Universities should be given greater attention to the prevailing organizational structure and the staff, the need to improve the pattern of communication prevalent in universities. Solving workers' problems and giving them the opportunity to contribute to solving their own problems. Strengthening the democratic leadership style and empowering university staff. (shrink)

In the paper we present a formal system motivated by a specific methodology of creating norms. According to the methodology, a norm-giver before establishing a set of norms should create a picture of the agent by creating his repertoire of actions. Then, knowing what the agent can do in particular situations, the norm-giver regulates these actions by assigning deontic qualifications to each of them. The set of norms created for each situation should respect (1) generally valid deontic principles being the (...) theses of our logic and (2) facts from the ontology of action whose relevance for the systems of norms we postulate. (shrink)

This study in moral, political, and legal philosophy contends that it is morally impermissible to circumcise male minors without a medical indication (nontherapeutic circumcision). Male minors have a moral anticipatory autonomy right-in-trust not to be circumcised. This right depends on norms of autonomy and bodily integrity. These norms generate three direct non-consequentialist arguments against nontherapeutic circumcision: (1) the loss of nonrenewable functional tissue, (2) genital salience, and (3) limits on a parental right to permanently modify their sons' bodies. An indirect (...) argument holds (4) that if it is morally impermissible to remove the female prepuce (clitoral hood), then it is also morally impermissible to remove the male prepuce (foreskin). Although there is debate across medical cultures, a reasonable understanding supports the claim that nontherapeutic circumcision causes some harms and imposes unwarranted risks on male minors. The overall moral case applies to secular circumcisions and, with some qualifications, to religious circumcisions in Judaism and Islam. Arguments of political philosophy that invoke the freedom of religion, toleration, multiculturalism, and social meaning qualify somewhat, but do not eliminate, the case against circumcising male minors without a medical indication. Nevertheless, the arguments deployed in this study do not warrant legal interference at this time with secular and religious practices of nontherapeutic circumcision. (shrink)

The question whether a constitutive linguistic norm can be prescriptive is central to the debate on the normativity of meaning. Recently, the author has attempted to defend an affirmative answer, pointing to how speakers sporadically invoke constitutive linguistic norms in the service of linguistic calibration. Such invocations are clearly prescriptive. However, they are only appropriate if the invoked norms are applicable to the addressed speaker. But that can only be the case if the speaker herself generally accepts them. This (...) class='Hi'>qualification has led critics to argue that if an addressed speaker’s acceptance is a necessary condition for legitimate prescriptions (and reproach for failure to adhere to them), then the account becomes unable to underwrite actual normativity. Moreover, critics argue, a danger of vicious circularity arises from the calibration account. This paper shows that once a vantage point within the calibration practice is accepted, the criticisms lose their force. It then explores why a theorist might reject such a perspective and suggests, as a plausible candidate, implicit Humean assumptions about the proper explanation of (linguistic) action. The paper ends by sketching a way forward for the debate on the normativity of meaning in light of this diagnosis. (shrink)

The aim of Intercultural Information Ethics (IIE), as Ess aptly puts, is to “(a) address both local and global issues evoked by ICTs / CMC, etc., (b) in a ways that both sustain local traditions / values / preference, etc. and (c) provide shared, (quasi-) universal responses to central ethical problems” (Ess 2007a, 102). This formulation of the aim of IIE, however, is not unambiguous. In this paper, I will discuss two different understandings of the aim of IIE, one of (...) which advocates “shared norms, different interpretations” and another proposes “shared norms, different justifications”. I shall argue that the first understanding is untenable, and the second understanding is acceptable only with qualification. Finally, I shall briefly suggest an alternative way to understand the aim of IIE. (shrink)

The study aimed at measuring the dominant pattern of leadership and its relation to the performance of the administrative staff in the Palestinian universities. The study community consists of all the administrative staff from Al-Azhar University and the Islamic University, and through the census of the study society it was found to consist of (655) administrative staff. In order to achieve the objectives of the study, the researchers used the method of random sample in the study, and the study was (...) conducted on a sample of (221) administrative staff of the surveyed universities and the response rate was (82.35%). The study found that there is a high degree of satisfaction with the Dominant Pattern of Leadership in the Palestinian universities in Gaza Strip from the point of view of the administrative staff, which reached (71.67%). There is a high level of performance from the point of view of administrative staff, with a percentage of (82.53%). There is a direct correlation between the dominant pattern of leadership and the functional Performance of Administrative Staff, the absence of differences between the sample according to the gender variable in their perception of the dominant pattern of leadership and the functional Performance of Administrative Staff, the absence of differences in the perception of employees of the dominant pattern of leadership and the functional Performance of Administrative Staff depending on the age variable. There are differences of statistical significance according to the variable of scientific qualification in the Dominant Pattern of Leadership, while there were no differences in performance, the differences in the dominant pattern of leadership according to the scientific qualification were in favor of those who obtained the diploma degree compared to other practical qualifications, the absence of differences in the perception of employees of the dominant pattern of leadership and the functional Performance of Administrative Staff depending on the variable years of service, the absence of differences in the perception of employees of the dominant pattern of leadership and the functional Performance of Administrative Staff depending on the variable level of career (Director, Head of Department, and Administrative Officer). There were differences in the perception of workers to the dominant pattern of leadership depending on the variable of the workplace, where there were differences in favor of workers in deanships and colleges compared with the workers in the technical departments. While there were no differences in job performance according to the workplace variable, the existence of differences in the perception of workers to the dominant pattern of leadership depending on the university in which they work in favor of the Islamic University and the absence of differences in performance between the Islamic University and Al-Azhar University. The study reached a number of recommendations, the most important of which is that the interest of the managements of the Palestinian universities in improving the dominant pattern of leadership, to give universities the opportunity to participate in decision-making, the continued administration of universities interest and continuous improvement of the performance of its employees, enhance the periodic evaluation of job performance and to inform employees and express their opinion, solving workers' problems and giving them the opportunity to contribute to solving their own problems, the use of the staff rotation method periodically and strengthening the democratic the dominant pattern of leadership and empowering university staff. -/- . (shrink)

The study aimed at identifying the personal variables and their effect in promoting job creation in Gaza Strip through business incubators. The researchers used the descriptive analytical approach to achieve the study objectives. The study population consisted of 92 of the pilot projects benefiting from the three business incubators in Gaza Strip (Palestinian Information Technology Incubator, UCAS Technology Incubator and Business and Technology Incubator). The study reached a number of results, the most important of which are the existence of statistically (...) significant differences on entrepreneurship attributed to each age as most of them are between the ages of 22-30, Gender for males, business incubator, scientific qualification for the specialties of information technology and engineering, and years of experience. Based on the findings, the researchers recommend focusing on university students in guiding them towards entrepreneurship and helping new graduates to start entrepreneurship. And to guide students to scientific disciplines that help them in entrepreneurship after graduation, whether starting a small business or self-employment, support females to entrepreneurship as most of the entrepreneurs are male, in addition to stimulating males as well. (shrink)

Inference to the Best Explanation (IBE) advises reasoners to infer exactly one explanation. This uniqueness claim apparently binds us when it comes to “conjunctive explanations,” distinct explanations that are nonetheless explanatorily better together than apart. To confront this worry, explanationists qualify their statement of IBE, stipulating that this inference form only adjudicates between competing hypotheses. However, a closer look into the nature of competition reveals problems for this qualified account. Given the most common explication of competition, this qualification artificially (...) and radically constrains IBE’s domain of applicability. Using a more subtle, recent explication of competition, this qualification no longer provides a compelling treatment of conjunctive explanations. In light of these results, I suggest a different strategy for accommodating conjunctive explanations. Instead of modifying the form of IBE, I suggest a new way of thinking about the structure of IBE’s lot of considered hypotheses. (shrink)

There is a widely held view on measurement inferences, that goes back to Stevens’s ([1946]) theory of measurement scales and ‘permissible statistics’. This view defends the following prohibition: you should not make inferences from averages taken with ordinal scales (versus quantitative scales: interval or ratio). This prohibition is general—it applies to all ordinal scales—and it is sometimes endorsed without qualification. Adhering to it dramatically limits the research that the social and biomedical sciences can conduct. I provide a Bayesian analysis (...) of this inferential problem, determining when measurements from ordinal scales can be used to confirm hypotheses about relative group averages. The prohibition, I conclude, cannot be upheld, even in a qualified sense. The beliefs needed to make average comparisons are less demanding than those appropriate for quantitative scales. I illustrate with the alleged paradigm ordinal scale, Mohs’ scale of mineral hardness, arguing that the literature has mischaracterized it. (shrink)

Abstract: The study aimed to determine the strategic flexibility and its relationship to the level of quality of services provided, from the viewpoint of the internal beneficiary in non-governmental hospitals in Gaza Strip. The study relied on the descriptive and analytical approach, and the questionnaire was designed as a tool to collect data and consisted of (39) items, and the researchers used the comprehensive survey method, and the number of the study population was (536) individuals, where (434) questionnaires were retrieved, (...) and the recovery rate was (80.97%). The study revealed many results, the most important of which were: the existence of a moderate degree of approval by the study sample individuals on strategic flexibility, as it was evident through the area of strategic flexibility as a whole having a relative weight (60.44%). The study is on the quality of services, as it became clear through the field of service quality obtaining a relative weight (79.90%). The results of the study revealed a statistically significant relationship between strategic flexibility and the quality of services in non-governmental hospitals in Gaza Strip, with a correlation coefficient of 0.490. The study reached many recommendations, the most important of which were: the need to work on appointing young people and those with potentials, because jobs are vacant in the hospitals under study, and the need to seek the help of an administrative staff with scientific and practical qualifications, and to work on updating information systems, archiving and networks through which data and information are transferred between departments And the creation of mechanisms by which stored information can be used to enhance the decision-making process, and an effective system to receive patients' complaints in a manner that ensures rapid response and treatment, to achieve continuous communication between patients and the hospital management, and to notify patients of dealing with the complaints they submit, and work to provide all Medical and health specialties in the hospitals under study, by making use of the medical delegations that visit Gaza Strip, involving them in the treatment processes, bringing in doctors and specialists from abroad, updating the standards related to measuring the services provided to patients on an ongoing basis, based on the suggestions and complaints of patients, and developing facilities in hospitals As well as updating the medical devices and equipment used in hospitals periodically. (shrink)

Choice often proceeds in two stages: We construct a shortlist on the basis of limited and uncertain information about the options and then reduce this uncertainty by examining the shortlist in greater detail. The goal is to do well when making a final choice from the option set. I argue that we cannot realise this goal by constructing a ranking over the options at shortlisting stage which determines of each option whether it is more or less worthy of being included (...) in a shortlist. This is relevant to the 2010 UK Equality Act. The Act requires that shortlists be constructed on grounds of candidate rankings and affirmative action is only permissible for equally qualified candidates. This is misguided: Shortlisting candidates with lower expected qualifications but higher variance may raise the chance of finding an exceptionally strong candidate. If it does, then shortlisting such candidates would make eminent business sense and there is nothing unfair about it. This observation opens up room for including more underrepresented candidates with protected characteristics, as they are more likely to display greater variance in the selector’s credence functions at shortlisting stage. (shrink)

To claim that the divine is a person or personal is, according to Swinburne, ‘the most elementary claim of theism’. I argue that, whether the classical theist’s concept of the divine as a person or personal is construed as an analogy or a metaphor, or a combination of the two, analysis necessitates qualification of that concept such that any differences between the classical theist’s concept of the divine as a person or personal and revisionary interpretations of that concept are (...) merely superficial. Thus, either the classical theist has more in common with revisionary theism than he/she might care to admit, or classical theism is a multi-faceted position which encompasses interpretations which some might regard as revisionist. This article also explores and employs the use of a gender-neutral pronoun in talk about God. (shrink)

Abstract: The study aimed to determine the quality of services and its role in enhancing strategic flexibility, from the point of view of the internal beneficiary in non-governmental hospitals in Gaza Strip. The study relied on the descriptive and analytical approach, and the questionnaire was designed as a tool to collect data and consisted of (39) items, and the researchers used the comprehensive survey method, and the number of the study population was (536) individuals, where (434) questionnaires were retrieved, and (...) the recovery rate was (80.97%). The study revealed many results, the most important of which were: the existence of a high degree of approval by the study sample regarding the quality of services, as it was evident through the field of service quality obtaining a relative weight (79.90%), and the results of the study indicated that there is a moderate degree of approval by the members of the study sample. On the strategic flexibility, as it was evident by obtaining the area of strategic flexibility as a whole on a relative weight (60.44%). The results of the study revealed a statistically significant relationship between the quality of services and the strategic flexibility in non-governmental hospitals in Gaza Strip, with a correlation coefficient of 0.490). The results of the study also revealed a statistically significant effect of the quality of services on the strategic flexibility in non-governmental hospitals in Gaza Strip. The study reached many recommendations, the most important of which were: Establishing an effective system to receive patients' complaints in a manner that ensures rapid response and treatment, to achieve continuous communication between patients and the hospital administration, to notify patients of dealing with the complaints they submit, and to work to provide all medical and health specialties in hospitals in place. The study, by making use of medical delegations visiting Gaza Strip, involving them in therapeutic operations, bringing in doctors and specialists from abroad, updating the criteria for measuring services provided to patients on an ongoing basis, based on patients' suggestions and complaints, developing facilities in hospitals, as well as updating medical devices and equipment Used in hospitals periodically and the need to work on appointing young people and people of energy, for vacancies in the hospitals under study, and the need to seek the help of an administrative staff that is distinguished by scientific and practical qualifications, and to work on updating information systems, archiving and networks through which data and information are transferred between departments, and finding mechanisms to be done from During which the information stored can be used to enhance the decision-making process. (shrink)

This paper aims to show that—and how—Plato’s notion of the receptacle in the Timaeus provides the conditions for developing a mathematical as well as a physical space without itself being space. In response to the debate whether Plato’s receptacle is a conception of space or of matter, I suggest employing criteria from topology and the theory of metric spaces as the most basic ones available. I show that the receptacle fulfils its main task–allowing the elements qua images of the Forms (...) to exist as sensible things by being that in which the elements appear, change and move–in virtue of being pure continuity. All further qualifications required for a full notion of space are derived solely from the content of the receptacle. (shrink)

Kant maintains that the only thing that is good in itself, and therefore good without limitation or qualification, is a good will. This is an objectionable claim in support of a controversial position. The problem is not just that the good will is not the only thing that is good in itself, which indeed it is not, but more importantly, that the good will is not so much a thing that is good in itself as it is the good (...) kind of a thing that is otherwise neither good nor bad in itself. The goodness of a good will is no more intrinsic than the goodness of a good act, good outcome, good attitude, good character, or good person. Nor is it even any more so than something as commonplace as a good laugh or a good cup of coffee. A good will, whatever else it may be, is a will that is good, much like how a good act is an act that is good, a good outcome is an outcome that is good, and so on with the other examples, not one of which is good for any reason other than the goodness predicated of the corresponding subject. This paper thus challenges Kant’s position on ontological grounds. It questions the validity of claiming intrinsic goodness for a complex construct whose goodness is, in fact, extrinsic to its substance. The objection is not that the good will might not turn out to be good after all, which is impossible by definition, designation, or stipulation, but that its goodness is axiomatic and derivative rather than intrinsic or fundamental. (shrink)

This special issue of Journal of Poetry Therapy focuses on the use of poetry and other forms of expressive writing to explore the transformative experiences of military veterans, and so in this article I discuss how the use of poetry, hip-hop, and philosophy positively influenced my life while I was serving in the United States Air Force (USAF) from 2000 through 2004. This article briefly reviews my reasons for enlisting and discusses the importance that poetry, hip-hop, and philosophy had for (...) me during four different phases of my military history: (i) Basic Military Training, (ii) Aircraft Qualification, Combat Survival, and Water Survival Training, (iii) serving in the post 9/11 operations Operation Enduring Freedom and Operation Iraqi Freedom, and (iv) the period after fulfilling my time of service for the USAF. In discussing each phase, I explain the unique challenges that I encountered, how I used poetry, hip-hop, and philosophy to successfully overcome these challenges, point out relevant examples of poetry, hip-hop, and philosophy that were particularly influential, and include pictures of my experiences throughout. (shrink)

This presentation discusses a notion encountered across disciplines, and in different facets of human activity: autonomous activity. We engage it in an interdisciplinary way. We start by considering the reactions and behaviors of biological entities to biotechnological intervention. An attempt is made to characterize the degree of freedom of embryos & clones, which show openness to different outcomes when the epigenetic developmental landscape is factored in. We then consider the claim made in programming and artificial intelligence that automata could show (...) self-directed behavior as to the determination of their step-wise decisions on courses of action. This question remains largely open and calls for some important qualifications. We try to make sense of the presence of claims of freedom in agency, first in common sense, then by ascribing developmental plasticity in biology and biotechnology, and in the mapping of programmed systems in the presence of environmental cues and self-referenced circuits as well as environmental coupling. This is the occasion to recall attempts at working out a logical and methodological approach to the openness of concepts that are still to be found, and assess whether they can operate the structuring intelligibility of a yet undeveloped or underdeveloped field of study, where a “bisociation" and a unification of knowledge might be possible. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This study aims to determine the factors that may affect in constructing the contextualized learning activity sheets based on the learners’ results and the teachers’ self-assessment using a descriptive correlation research design. The findings of the study revealed that the teachers have varied levels of competence in terms of cultural knowledge and on average, they were at the Proficient level of competency. In addition, teachers’ self-assessments indicated that they strongly practiced the criteria in constructing contextualized IPED LAS. However, still at (...) the Advanced Beginner level based on the learners’ results. It can be concluded that teachers are competent in handling IPED based on their profile and cultural knowledge yet, Advance Beginners in terms of assessment skills. Teachers with higher educational qualifications improved their assessment skills. It is recommended that the regional and division IPED specialist should conduct quarterly training for teachers on the Indigenous Knowledge System and Practices (IKSP) and other IPED-related topics. Teachers may conduct indigenization mapping as part of the pedagogical strategy of handling IPED to encourage localization and indigenization of content. With the findings and results, the project ETASIP is made to aid teachers in planning for their assessment strategies. (shrink)

I propose a distinction between two concepts: affliction and atrocity. I argue that an ethical position with respect to history’s horrors can be understood as a practice of refusing to permit affliction to be seen as atrocity. This is a practice of resisting the urge to quantify or qualify affliction in subjecting it to a count of bodies, which would be taken to totalize all the suffering in a given situation. We should, I contend, resist thinking that affliction qualified as (...) atrocity, subject to a count of bodies or the like, captures affliction itself. I then discuss several instances of the qualification of affliction as atrocity, including the Sétif and Guelma massacre, the crucifixion of Christ, and the biblical story of the bondage of the Israelites in Egypt. I conclude by making a case that it’s ethically imperative that we recollect the self’s abnegation to those who aren’t counted, those who can’t be counted because they are afflicted without atrocity. (shrink)

In this essay I offer a partial rehabilitation of Cohen’s Kant interpretation. In particular, I will focus on the center of Cohen’s interpretation in KTE, reflected in the title itself: his interpretation of Kant’s concept of experience. “Kant hat einen neuen Begriff der Erfahrung entdeckt,”7 Cohen writes at the opening of the first edition of KTE (henceforth, KTE1), and while the exact nature of that new concept of experience is hard to pin down in the 1871 edition, he states it (...) succinctly in the second edition (henceforth KTE2): experience is Newtonian mathematical natural science.8 While this equation of experience with mathematical natural science has few contemporary defenders, I believe it is substantially correct, with one important qualification. Kant uses the term Erfahrung in a number of different senses in the Kritik der reinen Vernunft (henceforth, KrV). I will argue that a central, and neglected, sense of that key technical term aligns with Cohen’s reading; what Kant sometimes refers to as ‘universal experience’ (sometimes, simply ‘experience’) is, in broad outlines, correctly interpreted by Cohen as mathematical natural science. (shrink)

In the introduction to the volume, the editors explain the overarching aim of the volume and contextualize the main themes of its chapters. Even if the notions of biopolitics and biopower have played a crucial role in philosophy, the humanities, and the social sciences over the last decades, they have been used in various and at times diverging senses, which has also produced different narratives about the history of biopolitics. The main aim of the volume is to clarify whether and (...) to what extent the concept of biopolitics is applicable to antiquity. To answer such questions, the chapters collected in the volume address three main topics, namely the possible presence of biopolitical discourse in ancient thought, the extent to which the application of a biopolitical approach to ancient thought requires qualifications, and some influential contemporary interpretations of the relation between biopolitics and antiquity. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral assessments (...) may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

The aim of the research is to shed light on the nature of the organizational structure prevailing in Palestinian governmental universities and to identify the most important differences in the perceptions of employees of the organizational structure in the Palestinian governmental universities according to the demographic and organizational variables. The researchers used the descriptive analytical method, through a questionnaire randomly distributed to the sample of the employees of Al-Aqsa University. The study was conducted on a sample of (80) administrative staff (...) from Al-Aqsa University. The study found that there is a moderate degree of satisfaction with the nature of the organizational structure prevailing in the Palestinian governmental universities from the point of view of the administrative staff, with a percentage of (63.11%). The absence of differences between the sample according to the gender variable in their perception of the nature of the organizational structure prevailing at Al-Aqsa University, the absence of differences in their perception of the nature of the organizational structure depending on the age variable. There are statistical significance differences in the perception of the elements of the organizational climate depending on the variable of scientific qualification in their perception of the nature of the organizational structure in favor of holders of a bachelor's degree, the absence of differences in their perception of the nature of the organizational structure depending on the variable years of service, and the absence of differences in their perception of the nature of the organizational structure depending on the variable level of career (Director, Head of Department, and Administrative Officer). The study reached a number of recommendations, the most important of which is that the management of the Palestinian governmental universities in general and Al-Aqsa University in particular should be given special attention to the organizational structure and modified in a way that achieves the goals of the university and the aspirations of the employees. The universities should have the opportunity to participate in the restructuring of the organizational structure, the importance of solving the problems of employees and giving them the opportunity to contribute to solving their own problems, and the need to use the method of rotation of employees and periodically. (shrink)

A credible fear test is an in-depth interview process given to undocumented people of any age arriving at a U.S. port of entry to determine qualification for asylum-seeking. Credible fear tests as a typical immigration procedure demonstrate not only what structural epistemic violence looks like but also how this violence lives in and through the design of asylum policy. Key terms of credible fear tests such as “significant possibility,” “evidence,” “consistency,” and “credibility” can never be neutral in the context (...) of colonial administrative violence. We argue that these terms function as mechanisms of exclusion and demonstrate that the capacity to be violent (i.e. to be an instrument of violence) is built into these tests, ready to be deployed when an administration wants to stop certain people from certain places from entering without regard to their own ongoing occupation of Indigenous lands. Not only are such practices instruments of violence, but the concept of ‘violence’ continues to be organized, defined, and conceived within settler colonial epistemologies so as to exclude these administrative forms of violence deployed against Indigenous peoples and people of color from recognition and nameability. We argue that this is an intentional strategy of colonial power preservation that is functionalized through social processes that remain structurally stable and self-regenerating across historical and political changes. (shrink)

The main task of this work is not to determine the bases for a moral evaluation of the lie; neither is it to describe its negative qualification. We are interested rather in the very problemate of the truth and the lie itself, considered as a juxtaposition of two of its notions: the truth and the lie, one that aims to provide a positive – as it would seem obvious – answer to the question contained in the title of the (...) present work: Does the lie contradict the truth? (shrink)

Subjectivity or the problem of ‘qualia’ tends to make the accessibility and comprehension of psychological events intangible especially for scientific exploration. The issue becomes even more complicated but interesting when one turns towards mystical experiences. Such experiences are different from other psychological phenomena in the sense that they don’t occur to every one, so are difficult to comprehend even for their qualifications of existence. We conducted a qualitative study on one such experience of inner-light perception. This is a common experience (...) reported by meditators of all kinds. However, we chose to study this phenomenon in Vihangam Yoga practitioners because of frequent occurrence of this experience in them as well as their reports of having it for hours at a stretch. During this study, it was noted that it arose many questions there we need to answer not only to explain such phenomena but also for having a better understanding of philosophy of science. In the search for these answers, we proceeded towards another complicated branch of science, quantum mechanics. Our present work is about creating an interface between a unique subjective phenomenon and principles of philosophy as well as of quantum mechanics. We explore the constructs of physical and critical realisms and their coincidence, quantum information theory and the measurement problem of Copenhagen interpretation and their possible applications in such an experience. In this endeavour, we also address the possibility that inner-light perception as experienced by Vihangam Yogis is a quantum event in brain. For this purpose, we specifically analyse the Zeilingers information concept and try to apply it to this phenomena. (shrink)

Luc Bovens has recently advanced a novel argument for affirmative action, grounded in the plausible idea that it is hard for an employer to evaluate the qualifications of candidates from underrepresented groups. Bovens claims that this provides a profit-maximizing employer with reason to shortlist prima facie less-qualified candidates from underrepresented groups. In this paper, I illuminate three flaws in Bovens’s argument. First, it suffers from model error: A rational employer does not incur costs to scrutinize candidates when it knows their (...) qualifications with perfect certainty, nor does it refuse to hire better-qualified candidates just because they did not require extra scrutiny. Second, Bovens’s core premise--that there is greater variance in the evaluation of underrepresented candidates than there is the evaluation of other candidates--hurts underrepresented candidates rather than helps them. Third, candidates who are not shortlisted for the reasons Bovens gives have a plausible complaint about unfairness in the hiring process. (shrink)