For students and the general reader, this is the best English translation of the entire 'Laws' available. I give several examples of important lines that are translated well in this edition, but I take issue with the translation of some other lines and with part of Schofield's introduction on grounds that these parts do not reveal Plato's political and cosmic holism as clearly as they could have.

This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, if one (...) culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human rights, initially a modern Western concept, became more and more universalized as a result of the global reach of Western political and economic power. I attempt to shed new light on the subject by investigating the role of translation in bringing about the global hegemony of Western legal and political languages and concepts. Since translation always involves a choice of foregrounding one of the two languages and cultures involved, the translator is a power broker who can promote one voice at the expense of the other. My examples for conducting this investigation are the key contributions made by China and the West to the drafting of the UDHR: with ren and rights representing respectively the West and China’s proposed solutions to crimes against humanity in the immediate aftermath of World War II. While the concept rights became increasingly assimilated into the Chinese language along with her repeated defeats by colonial powers (and was already firmly established in the Chinese vocabulary by the time of the drafting of the UDHR), ren by contrast has never been included by any Western language and culture. (shrink)

In “What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law”, Veronica Rodriguez-Blanco explores the possibility—and opportunity—of the existence of a Rule of Law (from now on, RoL) on a transnational level. The aim of this paper is to briefly discuss some points related to various facets of Rodriguez-Blanco’s proposal: the correct question about the RoL and her particular view of human action (section 2); the type of explanation about rules, standards, regulations (...) and principles (section 3); the definitions of RoL, coercion, and freedom (section 4); the parties of the relevant relationship and the notion of transnational law (section 5); and the structure of relevant relationships in national and transnational contexts (section 6). I will try, on the one hand, to show how these points could appear quite problematic and thus seem to undermine the integrity of Rodriguez-Blanco’s proposal, and on the other hand, to offer some suggestions as to how these problems could be solved to strengthen her proposal. With these comments, I will also try to indicate what I think are the most important points that should be considered in any sound discourse or proposal on these subjects. I will then conclude with some final remarks (section 7). (shrink)

A guide for translators, about the translation theory, the translation process, interpreting, subtitling, internationalization and localization and computer-assisted translation. A special section is dedicated to the translator's education and associations. The guide include, as annexes, several independent adaptations of the corresponding European Commission works, freely available via the EU Bookshop as PDF and via SetThings as EPUB, MOBI (Kindle) and PDF. For a “smart”, sensible translation , you should forget not the knowledge acquired at school or university, but the corrective (...) standards. Some people want a translation with the touch of the source version, while another people feel that in a successful version we should not be able to guess the original language. We have to realize that both people have right and wrong, and that their only fault is to present requirement as an absolute truth. Teachers agree at least on this principle: “If a sentence is ambiguous, the translation must also be“. There is another critical, less easy to argue, based on an Italian phrase with particularly strong wording: “Traduttore, traditore“. This critique argues that any translation will betray the author‘s language, spirit, style … because of the choices on all sides. What to sacrifice, clarity or brevity, if the formula in the text is brief and effective, but impossible to translate into so few words with the exact meaning? One could understand this criticism that it encourages us to read “in the text.” It seems obvious that it is impossible to follow this advice into practice. CONTENTS: Translation - Assessment of the amount of translated texts - Translation and interpretation - - Translation documents - Translation theories - - Practical / communicative approach - - Approaches of literary theories - - Sociolinguistic mainstream - - Approaches based on linguistic theories - - Approaches based on philosophical and hermeneutic concepts - - Semiotic approaches - The translation process - Types of translations - - Technical translation - Schools of thought - Difficulties associated with specialized domains - The problem of double translation - Thoughts about translation - European standard for translation services - Beautiful infidels - Self-translation - - Types of self-translation - - Factors that promote self-translation - - Self-translation and not authorial translation - Technical translation - - Terminology - - Translation process - - Translation tools - - The technical translator - - - Status - - - Remuneration - Conference interpreting - - Methods of interpretation - - Skills of the interpreter - - Contexts and working languages - - The interpretation in international institutions - - - UNESCO - - - European Union Internationalization and localization - Example - Internationalization and localization - Challenges - Software localization - - Difficulties - - Composing specifications - - Special tools Computer-assisted translation - Translation memory - - Advantages and disadvantages - - General operation - - Various - - Software - Machine translation - - Translation process - - Prerequisites - - Difficulties - - Approaches - - Development - - Existing products and services - - Prospective - Parallel text Subtitle - Subtitling or dubbing? - Description - Subtitling the movies - - Spotting - - Translation - - Simulation - - Engraving, inlaying or packaging - - The live broadcast - Live captioning - - Velotype - - Touch typing - - Computer-aided stenotype - - Speech recognition - Surtitles - - Comments - - Technical means - - Artistic issues - Quasi instant voice translation - - Difficulties - - Ongoing projects - - Future Translation Studies - Theories of translation - Interpretive theory - Back-translation - - The proper use of back-translation - False friends - - Cognates - - - Complete false friends - - - Partial false friends - - False cognates - Translation process - - The implications of the "inside" language - - Total and not absolute translation - - A single model - Untranslatability - - Hovering - - Translation methods - - - Adaptation - - - Calque - - - Compensation - - - Borrowing - - - Periphrasis - - - Translator's note - - Untranslatability of poetry and puns - - An amazing counterexample Translators - Translator's notes - European Master's in Translation - - European Master's in Translation - - - Organization of EMT - - - Core skills - - The EMT label - - EMT Network - - - Eligibility - - Members - European Council of Literary Translators' Associations - - History - - Objectives - International Translation Day Annexes: Translation in EU - Translation Guide - - Think before you write - - - Who will be reading the document? - - - What are you trying to achieve? - - - What points must the document cover? - - Focus on the reader - - - Be direct and interesting - - Get your document into shape - - - When you start - - - As you write - - - Two common problems at the European Commission: - - KISS - Keep It Short and Simple - - - Short... - - - ... and Simple: - - - Simple, uncluttered style also means: - - Make sense - structure your sentences - - Cut out excess nouns - verb forms are livelier - - Be concrete, not abstract - - Prefer active verbs to passive - - - Name the agent - - Beware of false friends, jargon and abbreviations - - - Avoid false friends - - - Avoid or explain jargon - - - Take care with abbreviations - - Revise and cheque check - Clear English Tips - - English prefers to be simple, concise and concrete. - - - Use simple words where appropriate. - - - Prefer a verb to an abstract noun - - - Prefer a gerund to an abstract noun - - - Prefer participles to relative clauses - - - And eliminate participles entirely if appropriate. - - - Use the passive voice sparingly - - - Consider replacing negatives with positives - - - Consider short forms and pronouns to avoid repeating full names … - - - Express conditions, including hidden ones, with ‘if’ ... - - - In general, cut out extra verbiage. - - English prefers straightforward syntax - - - Keep the subject close to the beginning of the sentence - - - Avoid splitting up subjects, modals, verbs and direct objects - - - If a sentence is too long, pull information out into separate sentences. - - - Use topic-introducing phrases sparingly. - - English may use different number, articles, gender or words from other languages - - - Keep uncountable nouns in the singular. - - - Use ‘a’ rather than ‘the’ for members of a class. - - - Do not use gender pronouns for entities. - - - Consider alternatives to ‘of’. - - - Finally, avoid ‘false friends’ in translation. - English Style Guide - - Introduction - - Writing English - - - GENERAL - - - SPELLING - - - PUNCTUATION - - - NUMBERS - - - ABBREVIATIONS AND SYMBOLS - - - Acronyms and initialisms - - - Contractions and truncations - - - FOREIGN IMPORTS - - - PARTS OF SPEECH - - - LISTS - - - SCIENCE GUIDE - - - FOOTNOTES, CITATIONS AND REFERENCES - - - CORRESPONDENCE - - - PERSONAL NAMES AND TITLES - - - NAMES OF BODIES - - - GENDER-NEUTRAL LANGUAGE - - About the European Union - - - THE EUROPEAN UNION - - - PRIMARY LEGISLATION - - - SECONDARY LEGISLATION - - - THE EU INSTITUTIONS - - - REFERENCES TO OFFICIAL PUBLICATIONS - - - EU FINANCES - - - MEMBER STATES - - - OFFICIAL LANGUAGES AND CURRENCIES - - - EXTERNAL RELATIONS - - TRANSLITERATION - - - TRANSLITERATION TABLE FOR GREEK - - - TRANSLITERATION TABLE FOR CYRILLIC - - FORMS OF ADDRESS - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - Style Guide for EU Member States - - Austria - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Belgium - - - Geography - - - Judicial bodies - - - Legal instruments - - - Federal structure - - Bulgaria - - - Geography - - - Judicial bodies - - - Legal instruments - - Croatia - - - Geography - - - Regions - - - Judicial bodies - - - Political and administrative structure - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - - Miscellaneous - - Cyprus - - - Geography - - - Judicial bodies - - - Legal instruments - - Czech Republic - - - Geography - - - Judicial bodies - - - Legal instruments - - Denmark - - - Geography - - - Judicial bodies - - - Legal instruments - - Estonia - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Finland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - France - - - Geography - - - Judicial bodies - - - Legal instruments - - Germany - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Greece - - - Geography - - - Judicial bodies - - - Legal instruments - - Hungary - - - Geography - - - Judicial bodies - - - Legal instruments - - Iceland - - - Judicial bodies - - Ireland - - Italy - - - Geography - - - Judicial bodies - - - Legal instruments - - Latvia - - - Geography - - - Judicial bodies - - - Legal instruments - - Lithuania - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Luxembourg - - - Geography - - - Judicial bodies - - - Legal instruments - - Malta - - - Geography - - - Judicial bodies - - - Legal instruments - - Netherlands - - - Geography - - - Judicial bodies - - - Legal instruments - - Poland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Portugal - - - Geography - - - Judicial bodies - - - Legal instruments - - Romania - - - Geography - - - Judicial bodies - - - Legal instruments - - Slovakia - - - Geography - - - Judicial bodies - - - Legal instruments - - Spain - - - Geography - - - Judicial bodies - - - Legal instruments - - Sweden - - - Geography - - - Judicial bodies - - - Legal instruments - - Turkey - - - Judicial bodies - - - Legal instruments - - United Kingdom - - - Geography Quotes References About the author - Nicolae Sfetcu . 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After a brief survey of the literature on ceteris paribus clauses and ceteris paribus laws (1), the problem of exceptions, which creates the need for cp laws, is discussed (2). It emerges that the so-called skeptical view of laws of nature does not apply to laws of any kind whatever. Only some laws of physics are plagued with exceptions, not THE laws (3). Cp clauses promise a remedy, which has to be located among the further reactions to the skeptical view (...) (4). After inspecting various translations of the Latin term 'ceteris paribus' (5), the paper arrives at the conclusion that, on the most reasonable translation, there are no such things as cp laws, for reasons of logical form. Cp clauses have an indexical content, so that they need singular propositions as their habitat, not general ones. Cp clauses and the universal generalizations they are supposed to modify are not fit for each other (6). (shrink)

Newton’s First Law of Motion is typically understood to govern only the motion of force-free bodies. This paper argues on textual and conceptual grounds that it is in fact a stronger, more general principle. The First Law limits the extent to which any body can change its state of motion –– even if that body is subject to impressed forces. The misunderstanding can be traced back to an error in the first English translation of Newton’s Principia, which was published a (...) few years after Newton’s death. (shrink)

This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on “the letter (...) of the law” not to a kind of literalism or blind compliance with the law, but instead to an insistence on the textuality of the law, such a reading elucidates the law’s need for interpretation and highlights how the attempt to surpass the letter of the law involves a threat of a fundamental injustice. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

With Spanish the third most widely spoken language in the world, one would expect more Spanish translations of important texts in American philosophy. Given the recent publication of a Spanish translation of The Public and Its Problems (1927), more people have access to John Dewey’s ideas about democracy than ever before. A broader readership might bring greater inclusivity to the existing debate over the significance of Dewey’s legacy for democratic theory. For the past few years, this debate has raged almost (...) exclusively between English-speaking scholars. Many have responded to the arguments of Richard Posner, the law professor and Circuit Court judge who delivered a scathing critique of Dewey’s legacy in his book Law, Pragmatism and Democracy (2003). Even if new readers of The Public and Its Problems fail to join the debate, they will at least be better equipped to evaluate Posner’s arguments with some appreciation for the object of his criticism. Hopefully they will come to acknowledge Dewey’s contribution as a vital thread in the tapestry of thought making up contemporary currents in democratic theory—currents that University of Toronto professor Frank Cunningham collectively labels “democratic pragmatism.” See his Theories of Democracy (Routledge, 2002). Ramon Del Castillo’s introduction to the translation captures the rich context of Dewey’s work on democratic theory. It places the book in the proper historical milieu, 1920s America at the time of the height and decline of American Progressivism. It also juxtaposes The Public and Its Problems against Lippmann’s two earlier works, Public Opinion (1922) and The Phantom Public (1925). (shrink)

In this chapter, I will make the case that we can accurately describe Ghazali’s position as a natural law theory. Kevin Reinhart (1995), on whose translation of al-Mustaṣfā I will be depending in what follows, has also treated this topic. Though he did not specifically compare Ghazali’s position there with natural law theory, like Hourani (1985) he interprets Ghazali’s position as subjectivist on key points rendering it incompatible with natural law theory. Thus, I will begin with a prima facie case (...) for this incompatibility roughly along the lines one finds in Reinhart, and argue that a closer examination of the relevant text of al-Mustaṣfā along with the parallel section of al-Iqtiṣād, also cited by Hourani, shows that Ghazali’s position is not conclusively subjectivist, but instead is compatible with a natural law theory. I will examine key sections of Ghazali’s Kimiya al-Sa’dāt that quite clearly express a natural law theory of morality. (shrink)

شنت الولايات المتحدة الأمريكية حربا على العراق عام 2003 بدعوى أن العراق يمتلك أسلحة دمار شامل، ثم تبين للعالم عدم صحة هذه الدعوى، وقال الناس: لقد كذبت الإدارة الأمريكية. كانت نظرية المعرفة التقليدية تنسب المعرفة إلى الذات العارفة الفردية، وتركز على الفاعلين الأفراد وحالاتهم الاعتقادية، مثل "يعتقد أحمد بقضية معينة". أما أن ننسب الحالات المعرفية إلى الجماعات مثل " كذبت الإدارة الأمريكية"، فهذا تحول في الإبستمولوجيا إلى الفاعل الجماعي. إبستمولوجيا الجماعات epistemology of groups حقل فرعي من الإبستمولوجيا الاجتماعية. يهدف إلى (...) استكشاف الخصائص والعمليات المعرفية على مستوى الجماعة. ظهر بصورة واضحة مع مطلع القرن الحادي والعشرين، فعقدت له مؤتمرات وطنية ودولية، وظهرت البحوث والكتب التي تعنى بموضوعاته الأساسية مثل معرفة الجماعة، واعتقاد الجماعة، وتسويغ الجماعة، وفهم الجماعة، وعقلانية الجماعة وموضوعيتها، وفضيلة الجماعة، واختلاف الجماعة، واستقطاب الجماعة، وذكاء الجماعة، وَهَلُمَّ جَرّاً. ويضيف هذا الكتاب إلى المناقشات المتطورة في المعرفة الاجتماعية عامة، ونظرية المعرفة الجماعية خاصة. ويوفر مسارًا يسهل الوصول إليه في موضوع إبستمولوجيا الجماعات، مع فصول منظمة بشكل ملائم ومصطلحات فنية محددة ومفسرة بوضوح. ويطور نظريات لها جاذبية تتجاوز الفلسفة إلى تخصصات مثل الاقتصاد والقانون وعلم النفس الاجتماعي والعلوم السياسية. The United States of America launched a war against Iraq in 2003 claiming that Iraq possesses weapons of mass destruction, then it became clear to the world that this claim was not true, and people said: The American administration lied. The traditional theory of knowledge attributed knowledge to the individual knowing subject, and focused on individual actors and their belief states, such as "Ahmed believes in a certain proposition". As for attributing cognitive states to groups, such as “the American administration lied,” this is a shift in epistemology to the collective actor. The epistemology of groups is a subfield of social epistemology. It aims to explore the characteristics and cognitive processes at the group level. It appeared clearly at the beginning of the twenty-first century, so national and international conferences were held for it, and research and books appeared that deal with its basic topics such as group knowledge, group belief, group justification, group understanding, group rationality, and objectivity, group virtue, group difference, group polarization, and group intelligence, and so on. This book adds to the cutting-edge debates on social epistemology generally, and collective epistemology more specifically. Provides a very accessible path into the topic of an epistemology of groups, with conveniently organized chapters and technical terms clearly defined and explained. Develops theories that have appeal beyond philosophy, for disciplines such as economics, law, social psychology, and political science. (shrink)

Revolutionary violence stems from the conatus of survival, from the appetite for life and joy rather than from the desire to destroy and the hubristic pretension to punish. It is an incursion of one's desire to affirm life and annihilate pain. Following Laruelle's methodology of nonstandard philosophy, I conclude that revolutionary violence is the product of an intensive expansion of life. Pure violence, conceived in non-philosophical terms, is a pre-lingual, presubjective force affected by the “lived,; analogous to Badiou's void and (...) it is radically revolutionary. It is fundamentally different from Benjamin's lawmaking “divine violence; and its appropriations by Žižek. Revolutionary experience is inevitably translated into language. What preserves the revolutionary substance in a post-revolution political discourse is that it is constantly checked by the sense of fidelity to the experience of the revolutionary event. Agamben, Benjamin, Schmidt and Žižek are discussed from an essentially non-philosophical stance, informed by Laruelle's theory that has been supplemented in some aspects by Badiou's concept of the pre-lingual event. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Background: Critically ill patients often require complex clinical care by highly trained staff within a specialized intensive care unit (ICU) with advanced equipment. There are currently limited data on the costs of critical care in low-and middle-income countries (LMICs). This study aims to investigate the direct-medical costs of key infectious disease (tetanus, sepsis, and dengue) patients admitted to ICU in a hospital in Ho Chi Minh City (HCMC), Vietnam, and explores how the costs and cost drivers can vary between the (...) different diseases. -/- Methods: We calculated the direct medical costs for patients requiring critical care for tetanus, dengue and sepsis. Costing data (stratified into different cost categories) were extracted from the bills of patients hospitalized to the adult ICU with a dengue, sepsis and tetanus diagnosis that were enrolled in three studies conducted at the Hospital for Tropical Diseases in HCMC from January 2017 to December 2019. The costs were considered from the health sector perspective. The total sample size in this study was 342 patients. -/- Results: ICU care was associated with significant direct medical costs. For patients that did not require mechanical ventilation, the median total ICU cost per patient varied between US$64.40 and US$675 for the different diseases. The costs were higher for patients that required mechanical ventilation, with the median total ICU cost per patient for the different diseases varying between US$2,590 and US$4,250. The main cost drivers varied according to disease and associated severity. -/- Conclusion: This study demonstrates the notable cost of ICU care in Vietnam and in similar LMIC settings. Future studies are needed to further evaluate the costs and economic burden incurred by ICU patients. The data also highlight the importance of evaluating novel critical care interventions that could reduce the costs of ICU care. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two professor (...) types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

The laws and principles which predict how perceptual qualities can be extracted from the most elementary visual signals were discovered by the Gestalt psychologists(e.g., Wertheimer,1923; Metzger,1930, translated and re-editedbySpillmann in 2009 and2012, respectively). Their seminal work has inspired visual science ever since, andhas led to exciting discoveries which have confirmed the Gestalt idea that the human brain would have an astonishing capacity for selecting and combining critical visual signals to generate output representations for decision making and action. This capacity of (...) selection and integration enables the perception of form and space, and the correct estimation of relative positions, trajectories, and distances of objects represented in planar images. This paper addresses problems of perceptual organization with critical implications for visual interfaces, and the design of surgical simulator platforms in particular. (shrink)

David Hume's famous riddle of induction implies a second problem related to the question of whether the laws and principles of nature might change in the course of time. Claims have been made that modern developments in physics and astrophysics corroborate the translational invariance of the laws of physics in time. However, the appearance of a new general principle of nature, which might not be derivable from the known laws of physics, or that might actually be a non-physical one (...) (this means completely independent of physical science) supports the notion that the course of nature can change in time. Here it is argued that natural selection satisfies the criteria that identify a general principle of nature which so far, appears to be non-derivable from the known laws of physics and therefore, it is likely that it arose in the course of time, thus leaving open again the quest for a true solution to Hume's second problem. (shrink)

The laws which predict how the perceptual quality of figure-ground can be extracted from the most elementary visual signals were discovered by the Gestaltists, and form an essential part of their movement (see especially Metzger, 1930, and Wertheimer, 1923 translated and re-edited by Lothar Spillmann, 2009 and 2012, respectively). Distinguishing figure from ground is a prerequisite for perception of both form and space (the relative positions, trajectories, and distances of objects in the visual field. The human brain has an astonishing (...) capacity for selecting and combining a few critical visual signals to accurately represent both form and space. (shrink)

This interview explores the extent to which Kant’s philosophy, which postulates certain moral principles categorically, has influenced the contemporary theory of justice. Many academics believe such principles to be relative and emphasise that justice lies beyond the remit of science. Otfried Höffe is convinced that categorical legal principles remain a valid subject for an academic discussion. In his works, he often appeals to Kantian philosophy. In the interview, Prof. Dr. О. Höffe refers to such famous German Neo-Kantian philosophers of law (...) as R. Stammler and G. Radbruch. He also mentions J. Rawls and J. Habermas — self-confessed adherents of the Kantian tradition in moral philosophy. Prof. Dr. Höffe expounds his views on the problems discussed by these authors. He dismisses G. W. F. Hegel’s criticism of Kant and denies the dependence of the fundamental principles of justice on the Zeitgeist and the opinions of the masses. The interviewee calls freedom the supreme human value, advocates the idea of a democratic constitutional state (he considers the principles of a social state as a mission of the state rather than a subjective right of citizens), and argues that dictatorship and tyranny deserve resistance. Prof. Dr. Höffe gives detailed definitions of the notions of transcendental exchange, categorical legal principles, enlightened liberal democracy, and a world republic. This interview will supplement the body of Prof. Dr. Höffe’s works that have already been translated into Russian. (shrink)

Confucian thinkers have traditionally stressed the importance of li 禮, or “ritual” as it is commonly translated, and believed that ancient sages had established an ideal set of rituals for people to follow. Now, most scholars of Confucianism understand li as distinct from law, and hence do not typically discuss Confucian sages as great lawgivers. Nevertheless, I suggest that there is something valuable to be learned from considering the similarities and dissimilarities between great lawgivers and the sages. In particular, this (...) essay reviews some of the challenges for, and virtues of, great legislators, and compares and contrasts these with the challenges for, and virtues of, master inventors of ritual, with the aim of showing how such observations might deepen our understanding of the conception of sages in the Confucian tradition, while perhaps also bringing out certain insights about good lawgivers. I end by using these reflections to point to some challenges for developing rituals to fit our modern context. (shrink)

Portuguese translation by Jean-Bosco Kakozi and Karina Macedo Fernandes of 'Ubuntu as a Moral Theory and Human Rights in South Africa', which first appeared in the African Human Rights Law Journal (2011).

Imam Syafi'i is the leader of Syafi'ism in Sunni Islam law, who wrote Ar-Risalah as the first book on Islamic jurisprudence (Islamic philosophy of law). Majority of Muslim in Indonesia is the follower of his thought. Therefore, his book is translated into bahasa Indonesia and commented philosophically.

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

Johann Eck (1486–1543) has been introduced to modern scholarship as a prominent figure of the pre-Tridentine Counter-Reformation. As part of the curricular transformations of the University of Ingolstadt, he wrote commentaries on logical and scientific works by Aristotle and Peter of Spain. Utilising a variety of sources, the two volumes dedicated to physics and natural philosophy published in 1518 and 1519 were self-contained textbooks including annotated translations of the texts and quaestio-commentaries. These developed the doctrines of the Oxford Calculators mediated (...) through Continental sources, reproducing their conceptual and mathematical apparatus, including the famous middle degree theorem and Bradwardine’s law. (shrink)

Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the Bible, and (...) analyzing the methodology of the Talmud and other Rabbinic literature by means of formal tools which make possible its objective evaluation with reference to scientific logic. The result is a highly innovative work – incisive and open, free of clichés or manipulation. Judaic Logic succeeds in translating vague and confusing interpretative principles and examples into formulas with the clarity and precision of Aristotelean syllogism. Among the positive outcomes, for logic in general, are a thorough listing, analysis and validation of the various forms of a-fortiori argument, as well as a clarification of dialectic logic. However, on the negative side, this demystification of Talmudic/Rabbinic modes of thought (hermeneutic and heuristic) reveals most of them to be, contrary to the boasts of orthodox commentators, far from deductive and certain. They are often, legitimately enough, inductive. But they are also often unnatural and arbitrary constructs, supported by unverifiable claims and fallacious techniques. Many other thought-processes, used but not noticed or discussed by the Rabbis, are identified in this treatise, and subjected to logical review. Various more or less explicit Rabbinic doctrines, which have logical significance, are also examined in it. In particular, this work includes a formal study of the ethical logic (deontology) found in Jewish law, to elicit both its universal aspects and its peculiarities. With regard to Biblical studies, one notable finding is an explicit formulation (which, however, the Rabbis failed to take note of and stress) of the principles of adduction in the Torah, written long before the acknowledgement of these principles in Western philosophy and their assimilation in a developed theory of knowledge. Another surprise is that, in contrast to Midrashic claims, the Tanakh (Jewish Bible) contains a lot more than ten instances of qal vachomer (a-fortiori) reasoning. In sum, Judaic Logic elucidates and evaluates the epistemological assumptions which have generated the Halakhah (Jewish religious jurisprudence) and allied doctrines. Traditional justifications, or rationalizations, concerning Judaic law and belief, are carefully dissected and weighed at the level of logical process and structure, without concern for content. This foundational approach, devoid of any critical or supportive bias, clears the way for a timely reassessment of orthodox Judaism (and incidentally, other religious systems, by means of analogies or contrasts). Judaic Logic ought, therefore, to be read by all Halakhists, as well as Bible and Talmud scholars and students; and also by everyone interested in the theory, practise and history of logic. (shrink)

In his [1937, 1938], Paul Dirac proposed his “Large Number Hypothesis” (LNH), as a speculative law, based upon what we will call the “Large Number Coincidences” (LNC’s), which are essentially “coincidences” in the ratios of about six large dimensionless numbers in physics. Dirac’s LNH postulates that these numerical coincidences reflect a deeper set of law-like relations, pointing to a revolutionary theory of cosmology. This led to substantial work, including the development of Dirac’s later [1969/74] cosmology, and other alternative cosmologies, such (...) as the Brans-Dicke modification of GTR, and to extensive empirical tests. We may refer to the generic hypothesis of “Large Number Relations” (LNR’s), as the proposal that there are lawlike relations of some kind between the dimensionless numbers, not necessarily those proposed in Dirac’s early LNH. Such relations would have a profound effect on our concepts of physics, but they remain shrouded in mystery. Although Dirac’s specific proposals for LNR theories have been largely rejected, the subject retains interest, especially among cosmologists seeking to test possible variations in fundamental constants, and to explain dark energy or the cosmological constant. In the first two sections here we briefly summarize the basic concepts of LNR’s. We then introduce an alternative LNR theory, using a systematic formalism to express variable transformations between conventional measurement variables and the true variables of the theory. We demonstrate some consistency results and review the evidence for changes in the gravitational constant G. The theory adopted in the strongest tests of Ġ/G, by the Lunar Laser Ranging (LLR) experiments, assumes: Ġ/G = 3(dr/dt)/r – 2(dP/dt)/P – (dm/dt)/m, as a fundamental relationship. Experimental measurements show the RHS to be close to zero, so it is inferred that significant changes in G are ruled out. However when the relation is derived in our alternative theory it gives: Ġ/G = 3(dr/dt)/r – 2(dP/dt)/P – (dm/dt)/m – (dR/dt)/R. The extra final term (which is the Hubble constant) is not taken into account in conventional derivations. This means the LLR experiments are consistent with our LNR theory (and others), and they do not really test for a changing value of G at all. This failure to transform predictions of LNR theories correctly is a serious conceptual flaw in current experiment and theory. (shrink)

We reconsider the pragmatic interpretation of intuitionistic logic [21] regarded as a logic of assertions and their justi cations and its relations with classical logic. We recall an extension of this approach to a logic dealing with assertions and obligations, related by a notion of causal implication [14, 45]. We focus on the extension to co-intuitionistic logic, seen as a logic of hypotheses [8, 9, 13] and on polarized bi-intuitionistic logic as a logic of assertions and conjectures: looking at the (...) S4 modal translation, we give a de nition of a system AHL of bi-intuitionistic logic that correctly represents the duality between intuitionistic and co-intuitionistic logic, correcting a mistake in previous work [7, 10]. A computational interpretation of cointuitionism as a distributed calculus of coroutines is then used to give an operational interpretation of subtraction.Work on linear co-intuitionism is then recalled, a linear calculus of co-intuitionistic coroutines is de ned and a probabilistic interpretation of linear co-intuitionism is given as in [9]. Also we remark that by extending the language of intuitionistic logic we can express the notion of expectation, an assertion that in all situations the truth of p is possible and that in a logic of expectations the law of double negation holds. Similarly, extending co-intuitionistic logic, we can express the notion of conjecture that p, de ned as a hypothesis that in some situation the truth of p is epistemically necessary. (shrink)

This is an English translation of Waldenfels' German essay: Equality and inequality are basic elements of law, justice and politics. Equality integrates each of us into a common sphere by distributing rights, duties and chances among us. Equality turns into mere indifference as far as we get overintegrated into social orders. When differences are fading away experience loses its relief and individuals lose their face. Our critical reflections start from the inevitable paradox of making equal what is not equal. In (...) various ways they refer to Nietzsche’s concept of order, to Marx’s analysis of money, to Lévinas’s ethics of the Other, and to novelists like Dostoevsky and Musil. Our critique turns against two extremes, on the one hand against any sort of normalism fixed on functioning orders, on the other hand against any sort of anomalism dreaming of mere events and permanent ruptures. Responsive phenomenology shows how we are confronted with extraordinary events. Those deviate from the ordinary and transgress its borders, without leaving the normality of our everyday world behind. The process of equalizing moves between the ordinary and the extraordinary. What makes the difference and resists mere indifference are creative responses which are to be invented again and again. (shrink)

This is an English translation of my essay: Alfred Gierer Wissenschaft, Religion und die deutungsoffenen Grundfragen der Biologie. Mpi for the History of Science, preprint 388, 1-21, also in philpapers. Range and limits of science are given by the universal validity of physical laws, and by intrinsic limitations, especially in self-referential contexts. In particular, neurobiology should not be expected to provide a full understanding of consciousness and the mind. Science cannot provide, by itself, an unambiguous interpretation of the natural order (...) at the philosophical, cultural and religious level. The diversity of interpretations, however appears as a positive factor of cultural dynamics. Historically, the revival of the philosophy of nature in the middle ages included remarkable biological thoughts such as those of Eriugena and Thierry of Chartres. In this essay, emphasis is placed on basic issues of modern biology – the distinction of man and animal, the evolution of human mental capabilities, the physics of the universe as precondition for biological evolution, and the intricasies of the brain-mind-relation. They are open to agnostic as well as religious interpretations, the individual choice being mainly a matter of wisdom and not just of knowledge. -/-. (shrink)

Maimonides’ Latin translation of Moreh Nevukhim | Guide for the Perplexed, was the most influential Jewish work in the last millennia (Di Segni, 2019; Rubio, 2006; Wohlman, 1988, 1995; Kohler, 2017). It marked the beginning of scholasticism, a daughter of Judaism raised by Jewish thinkers, according to historian Heinrich Graetz (Geschichte der Juden, L. 6, Leipzig 1861, p. xii). Printed by Gutenberg's first mechanical press, its influence in the West went as far as the Fifth Lateran Council (1512 — 1517) (...) "where scholars were encouraged to remove the difficulties which seemed to divide the whole of theology and philosophy (Leibniz, Théodicée, 11)." For centuries, the Guide revolutionized the curriculum of school instruction by reintegrating the natural laws of thought in the sphere of faith (the fourth of which became Leibniz’ Principle of sufficient reason). This complete collection of notes expounds the ideas of the Guide and features all the passages selected and rewritten by Leibniz. This first complete annotated bilingual translation of the original manuscripts in Latin serves as an entry point to the faith in conformity with Reason. This complete collection of notes expounds the ideas of the Guide as selected and rewritten by Leibniz, the famous mathematician inventor of computer arithmetic, considered the last universal genius. The first complete bilingual translation in three centuries features on the front cover Rembrandt's Philosopher in meditation, and a recommendation from Leibniz's himself on the back: "Rabbi Maimonides' excellent book, A Guide for the Perplexed, is more philosophical than I imagined and worthy of careful reading." According to Malbim’s translator, Noah Rosenbloom, the book’s epigraph indicates that nineteenth-century Rabbi Leibush ben Yehiel Michel Wisser, also known as Malbim, was familiar with Leibniz’ Theodicy. In Leibniz’ anthology of the Guide, the reader can get a detailed glimpse of Leibniz' impressions of Maimonides. The Foreword by Leibniz' translator Lloyd Strickland suggests that there were sympathies and perhaps even overlaps between the thoughts of both universal luminaries. -/- . (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

I discuss the second of the three theses advanced by Anscombe in ‘Modern Moral Philosophy’. The focus is the nature of entities to which – if Anscombe’s diagnosis is correct – ought and cognate modals are assumed by modern moral philosophers to refer. I reconstruct the alternative account offered by Anscombe of viable and justified ‘Aristotelian’ modals – as contrasted with mysterious and unjustified ‘Kantian’ modals; I discuss the nature and status of ‘Aristotelian necessity’ to which such legitimate modals refer (...) to. I conclude with the claims that Anscombe’s account of modern moral philosophy is viciously parochial, reducing it to Oxford philosophy from the Thirties and Forties and its immediate antecedents; that her historical reconstruction is vitiated by lack of awareness of the existence of law-views of morality preceding Christian theology, artful anticipation of secularization in order to fit her picture of modern moral philosophy as the ‘day after’ of Christianity; that Aquinas’s and her own view of natural morality as made of rational moral judgments laws is incompatible with both her predilection for ‘divine law’ instead of plain down-to-earth ‘natural law’; that her strained reconstruction of a Christian-Jewish-Stoic view of morality as law promulgated by God has little to share with any reconstruction of the Biblical moral traditions meeting academic standard and in more detail there is no possible translation of Torah as Law; and that her criticism hits just targets from the old little British world she was familiar with, while leaving Kantian ethics unaffected. -/- . (shrink)

This paper argues that Kant’s concept of ‘respect’ for the moral law has roots in Adam Smith’s concept of ‘regard’ for the general rules of conduct, which was translated as Achtung in the first German translation of the Theory of Moral Sentiments. After illustrating that Kant’s technical understanding of respect appeared relatively late in his intellectual development, I argue that Kant’s concept of respect and Smith’s concept of regard share a basic similarity: they are both a single complex phenomenon with (...) two core aspects, namely an attitude and a feeling. I then suggest that the concept of regard offered Kant a way to deal a problem concerning moral motivation that he was trying to solve at the time he likely first read Smith. I conclude by drawing some implications from the account I have offered for our understanding of Kant’s relation to Smith more generally. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

The notion of space is one of the most discussed within classical physics concepts. The works of Copernicus and Galileo, as well as Gassendi´s ideas led to Newton to regard it as substance. This conception of space, allows the notion of symmetry is present in an indirect or implied, within the laws of physics, formed through the notions of equivalence and balance. The aim of this study is to identify the symmetry, through such notions, under the study of indistinction between (...) the repose state and the state of uniform translational movement known as the law of inertia. The philosophical approach is framed in the link between these notions and the problem of indistinguishability between states of different movement. We will discuss first the conception of space Telesio and Gassendi that led Newton to his absolutist conception of space. The conception of space and its relationship with Newton symmetry is the second part of our work. As a third part present linking of the Newtonian space with notions of balance, symmetry and equivalence. Subsequently they give our conclusions. (shrink)

Zuse proposed that the universe is being computed by some sort of cellular automaton or other discrete computing machinery, challenging the long-held view that some physical laws are continuous by nature. Calculating Space is the title of MIT's English translation of Konrad Zuse's 1969 Rechnender Raum, the first work on digital physics. This is the LaTeX edition by A. German and H. Zenil based on the MIT's English translation with permission from the MIT and Konrad Zuse's son Horst Zuse. Followed (...) by an afterword by A. German and H. Zenil. (shrink)

This is a theoretical treatment of the term "Sha Zhu Pan" (杀猪盘) in Chinese, which translates to “Pig-Butchering” in English. The article critically examines the propagation and validation of "Pig Butchering," an animal metaphor, and its implications for the dehumanisation of victims of online fraud across various discourses. The study provides background information about this type of fraud before investigating its theoretical foundations and linking its emergence to the dehumanisation of fraud victims. The analysis highlights the disparity between academic literature, (...) subjected to rigorous peer-review processes, and sensationalised narratives prevalent in the media. While academic works subject "pig butchering" to critical scrutiny and refrain from endorsing derogatory terms to depict fraud victims, numerous media outlets employ this term uncritically, further worsening the predicament of these victims. "Pig butchering" is firmly rooted in the concept of dehumanisation, and this article underscores how language moulds perceptions of fraud and behaviour, extending to the development of preventive strategies. The role of law enforcement agencies in generating and disseminating materials is also a central theme, emphasising their responsibility as trusted sources of information. We suggest that these agencies should adopt non-victim shaming language to encourage victims to report crimes and alleviate the stigma attached to victimisation. Additionally, the article offers valuable cross-cultural insights by comparing metaphors from Chinese and Nigerian contexts. This comparative analysis enriches our comprehension of the global dimensions of online fraud and its cultural diversities, highlighting the substantial impact of language on perceptions and behaviours. We advocate for a departure from victim-blaming tendencies perpetuated by select media outlets, urging a more compassionate and accurate portrayal of those affected by online fraud. We, therefore, call for a more empathetic and accurate portrayal of individuals affected by online fraud, aligning with the broader objective of promoting understanding and support for these victims. (shrink)

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this (...) publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. (shrink)

(For English, scroll down) Der Text präsentiert drei miteinander verbundene Thesen. (1) Philosophie der Musik modifiziert philosophische Grundbegriffe. (2) Eine gemeinsame Eigenschaft in der Vielfalt der Musikformen liegt im Effekt einer Wahrnehmungsveränderung: oft subtil, unterschwellig und zuweilen als ekstatisch erlebte Selbst- und Welt-Transformation. (3) Strenggenommen nehmen wir nicht Töne wahr, sondern a) unsere Hör-Physiologie wandelt Schwingungsfrequenzen ab circa 18 Hz in Tonhöhen um und damit Zeit-Organisation in ein Raum-Äquivalent. (Musik mit tiefen Tönen an der Grenze zur Wahrnehmung, etwa mittels großer (...) Orgelpfeifen in Kathedralen oder Ton-Anlagen in Nachtclubs, inszeniert genau diesen physiologischen Umschlag, mit potentiellen Transzendenz-Effekten.) b) Wir nehmen einfache Frequenzverhältnisse wie 1:2, 2:3 etc. als (relativ) konsonant wahr, komplexere Verhältnisse als (relativ) dissonant. Die Folge: c) Musikhören verbindet uns mit physikalischem Verhalten von Materie, einschließlich unserer selbst. Hierin gründen rare, musikalisch herausgehobene Eindrücke von Erkenntnis und Enthüllung: das Universum betreffend und unsere Stellung in ihm. -/- The text presents three related claims. (1) Music as a topic of philosophy alters key philosophical concepts; (2) In spite of their vast cultural, historical and contextual differences, all forms of music share the effect of a transformation of perception: ranging from subtle and subliminal to the (rare) experience of ecstatic world- and self-transformations; (3) Strictly speaking, we do not perceive sounds. Rather, a) our hearing-physiology translates frequencies (impulses) of more than 18 Hz into pitch and thus temporal events into quasi-spatial perceptions. Compositions containing very deep sounds (e.g. in cathedrals or in night-clubs) stage exactly this physiological conversion: with potentially ‘transcendence’-like effects. b) We hear simple frequency-ratios such as 1:2, 2:3, 3:4 etc. as (relative) consonances and more complex ones as (relative) dissonances. Thus, c) musical compositions make laws of physical behaviour of matter affectively perceptible. This allows for the occasional impression of musical revelations: regarding the universe, its laws, and our place in it. -/- . (shrink)