Results for 'transnational law'

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  1. Transnational Rule of Law, coercion, and human action.Julieta A. Rabanos - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    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 (...)
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  2. The Transnational Constitution of Europe’s Social Market Economies: A Question of Constitutional Imbalances?Poul F. Kjaer - 2019 - Journal of Common Market Studies 57 (1):143-58.
    Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has (...)
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  3. Legal aspects of transnational scale corporations’ activity in terms of sustainable development.Anatoliy Kostruba - 2021 - Rivista di Studi Sulla Sostenibilità 2 (2):49-63.
    This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines (...)
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  4. Global Law as Intercontextuality and as Interlegality.Poul F. Kjaer - 2019 - In The Challenge of Inter-legality. Cambridge, UK: pp. 302-318.
    Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...)
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  5. Transnational Standards of Social Protection: Contrasting European and International Governance.Poul F. Kjaer & Christian Joerges (eds.) - 2008 - Oslo: ARENA.
    The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...)
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  6. The Grotius Sanction: Deus Ex Machina. The legal, ethical, and strategic use of drones in transnational armed conflict and counterterrorism.James Welch - 2019 - Dissertation, Leiden University
    The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of (...)
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  7. The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. (...)
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  8. 为何关注证立?超国家脉络下的公共权力结构 - Why Justification? The Structure of Public Power in Transnational Contexts.Poul F. Kjaer - 2021 - 清华法治论衡 - Tsinghua Journal of Rule of Law 27:345 - 60.
    近年来, 围绕与各种超国家发展态势相关的正义问题, 学界展开 了热烈的讨论? 在这个特殊的主题上, 除了其他同样引人注目的研 究之外, 持续的争论主要受到分析哲学的启发, 在规范性的研究领域 内进行。本文选择了一条受社会学启发的不同路径, 运用社会理论 和法律理论, 反思为何出现了这种关注证立问题的转向。因此. 本文 聚焦作为社会现象的证立和证立的社会实践, 亦即证立活动的实际 展开, 而不是聚焦诉诸正义理论的哲学推理的逻辑一致性。这当然 不是说, 哲学的推理与理解正义无关, 也当然不是说. 哲学与社会学 两种路径存在根本的矛盾。毋宁说, 本文可以被视为对主要运用哲 学推理方法的既有研究的补充, 可能为超国家脉络下的正义问题和 证立问题提供更扎实的理论反思? .
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  9. Rule of Law transnacional, reglas y acción humana.Julieta A. Rabanos - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    En «What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law», Verónica Rodríguez-Blanco explora la posibilidad –y oportunidad– de la existencia de un Rule of Law (en adelante, ROL) a nivel transnacional. El objetivo de este trabajo es discutir brevemente algunos puntos relativos a diferentes facetas de la propuesta de Rodríguez-Blanco: la pregunta correcta acerca del ROL y su visión particular acerca de la acción humana (sección 2); el tipo de (...)
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  10.  61
    Scrolling Towards Bethlehem: Conforming to Authoritarian Social Media Laws.Yvonne Chiu - 2024 - In Carl Fox & Joe Saunders (eds.), Routledge Handbook of Philosophy and Media Ethics. London: Routledge. pp. 355–367.
    The social media industry lacks developed principles of professional ethics that it would need in order to better navigate the ethics of conforming to local media laws in authoritarian countries that lack meaningful protections for privacy, personal and political expression, and intellectual property. This chapter analyzes this question through three frameworks of professional ethics—journalism ethics, technology ethics, and business ethics—and the ways that social media resembles and crucially differs from these three industries.
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  11. Socially Necessary Impact/Time: Notes on the Acceleration of Academic Labor, Metrics and the Transnational Association of Capitals.Krystian Szadkowski - 2016 - Teorie Vědy / Theory of Science 38 (1):53-85.
    This article constitutes a contribution to the critique of the political economy of contemporary higher education. Its notes form, intended to open "windows" on the thorny issue of metrics permeating academia on both the local/national and global levels, facilitates a conceptualization of the academic law of value as a mechanism responsible for regulating the tempo and speed of academic labor in a higher education system subsumed under capital. First, it begins with a presentation of the Marxist approach to acceleration and (...)
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  12. Analytical jurisprudence and the concept of commercial law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...)
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  13. The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction.Eva Hartmann & Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):3 - 11.
    Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...)
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  14. Regulatory Governance: Rules, Resistance and Responsibility.Poul F. Kjaer & Antje Vetterlein - 2018 - Contemporary Politics 24 (5).
    Regulatory governance frameworks have become essential building blocks of world society. From supply chains to the regimes surrounding international organizations, extensive governance frameworks have emerged which structure and channel a variety of social exchanges, including economic, political, legal and cultural, on a global scale. Against this background, this special issue sets out to explore the multifaceted meaning, potential and impact as well as the social praxis of regulatory governance. Under the notions rules, resistance and responsibility the special issue pins out (...)
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  15. ¿Qué es justicia social? Una nueva historia de su significado en el discurso jurídico transnacional.Carlos Andrés Pérez-Garzón - 2019 - Revista Derecho Del Estado 43:67-106.
    Spanish Abstract: A partir de un análisis desde la historia del derecho, este artículo de investigación busca demostrar la existencia de un significado de justicia social en el discurso jurídico transnacional actual que se resume en la garantía de estos tres elementos: Estado Social de Derecho, dignidad humana e igualdad de oportunidades. Con esto, se pretende superar el simple estudio de teorías de filósofos de moda como John Rawls a la hora de abordar el problema de cómo entender y materializar (...)
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  16. The Dependence Response and Explanatory Loops.Andrew Law - 2020 - Faith and Philosophy 37 (3):294-307.
    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 (...)
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  17. Incompatibilism and the garden of forking paths.Andrew Law - 2023 - Philosophical Issues 33 (1):110-123.
    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 (...)
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  18.  82
    If Molinism is true, what can you do?Andrew Law - forthcoming - International Journal for Philosophy of Religion:1-16.
    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. (...)
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  19. From the Private to the Public to the Private? Historicizing the Evolution of Public and Private Authority.Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):13 - 36.
    A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social processes. While (...)
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  20. Is Human Virtue a Civic Virtue? A Reading of Aristotle's Politics 3.4.L. K. Gustin Law - 2017 - In Aristotle's Practical Philosophy: On the Relationship between His Ethics and Politics. Cham, Switzerland: Springer. pp. 93-118.
    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 (...)
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  21. What Does Indeterminism Offer to Agency?Andrew Law - 2022 - Australasian Journal of Philosophy 100 (2):371-385.
    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 (...)
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  22. Freedom, Foreknowledge, and Dependence: A Dialectical Intervention.Taylor W. Cyr & Andrew Law - 2020 - American Philosophical Quarterly 57 (2):145-154.
    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 (...)
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  23. Victims of Trafficking, Reproductive Rights, and Asylum.Diana Tietjens Meyers - 2016 - Oxford Handbook of Reproductive Ethics.
    My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...)
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  24. Editorial, Cosmopolis. Spirituality, religion and politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  25. Recht und Rechtfertigung Zur rechtstheoretischen Dimension des moralischen Rechts auf Rechtfertigung.Lorenz Engi - 2016 - Archiv Fuer Rechts Und Sozialphilosphie 102 (3):353-362.
    The right to justification is the central tenet of Rainer Forst's theory of justice: every person has the moral right to receive justification for morally relevant actions. This approach is instructive also from a jurisprudential perspective. One important purpose of the law is to force state authorities to provide justifications for their actions. Therefore, based on the right to legal equality, justification must be provided for any unequal treatment. Likewise, restrictions of fundamental rights in a constitutional state are subject to (...)
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  26. Problems on the Legalization of LGBT Marriage in the Communist Block - A Preliminary Legal Review.Yang Immanuel Pachankis - forthcoming - Scientific Research Publishing.
    The article analyzes the legislative issues on equal marriage in P. R. China. It adopts a path dependency analysis on the liberal institutional order’s effects to the regime’s structural discrimination on the lesbian, gay, bisexual, and transgender (LGBT) population. The research adopted a duo-lingual paradigm on Christianity with intercultural and transnational interpretations, and the research found the mis-adaption of language in the Chinese text of the United Nations charter is the key source to the suppression of the LGBT population (...)
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  27. 商事法의 動態的․發展的 理解를 위한 小考 - 世界的 차원의 商事法 槪念은 法哲學的으로.Kiyoung Kim - 2012 - 기업법연구 26 (4):55-88.
    The paper aims at rethinking the traditional understanding of commercial law, and tentatively provides its cosmopolitan concept under the backdrop of extended commercial exchange and corresponding development of the transnational trade laws. Given the influence of legal positivism over the source of law debate, the commercial law would be defined in a relatively narrower focus, which principally presumes the sovereign nature of legal community. The phenomenon and interactive reality in this global sphere through the mid-20th century and new millennium (...)
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  28. Causation and Free Will. [REVIEW]Peter J. Graham, Andrew Law & Jonah Nagashima - 2018 - Analysis 78 (2):371-373.
    Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.
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  29. Commonsense Metaphysics and Lexical Semantics.Jerry R. Hobbs, William Croft, Todd Davies, Douglas Edwards & Kenneth Laws - 1987 - Computational Linguistics 13 (3&4):241-250.
    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, (...)
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  30. Transnational labor regulation, reification and commodification: A critical review.George Tsogas - 2018 - Journal of Labor and Society 21 (4):517-532.
    Why does scholarship on transnational labor regulation (TLR) consistently fails to search for improvements in working conditions, and instead devotes itself to relentless efforts for identifying administrative processes, semantics, and amalgamations of stakeholders? This article critiques TLR from a pro-worker perspective, through the philosophical work of Georg Lukács, and the concepts of reification and commodification. A set of theoretically grounded criteria is developed and these are applied against selected contemporary cases of TLR. In the totality that is capitalism, reification (...)
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  31. Transnational Adaptation: ‘The Dead,’ ‘Fools,’ The Dead, and Fools.Liam Kruger - 2023 - In Brandon Chua & Elizabeth Ho (eds.), The Routledge Companion to Global Literary Adaptation in the Twenty-First Century. London: Routledge. pp. 19-33.
    This chapter sketches a literary history of writing the colonial interregnum through the comparison of a canonical Dublin text and its filmic adaptation with a canonical Johannesburg text and its filmic adaptation. Njabulo Ndebele’s short story ‘Fools’ (1983) repurposes formal elements from Joyce’s ‘The Dead’ (1914), transposing strategies for representing late colonial Dublin to a Johannesburg township during the height of apartheid in a context of extreme racial domination; beginning with close comparative readings of both stories, my chapter argues that (...)
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  32. Can Transnational Feminist Solidarity Accommodate Nationalism? Reflections from the Case Study of Korean “Comfort Women”.Ranjoo Seodu Herr - 2016 - Hypatia 31 (1):41-57.
    This article aims to refute the “incompatibility thesis” that nationalism is incompatible with transnational feminist solidarity, as it fosters exclusionary practices, xenophobia, and racism among feminists with conflicting nationalist aspirations. I examine the plausibility of the incompatibility thesis by focusing on the controversy regarding just reparation for Second World War “comfort women,” which is still unresolved. The Korean Council at the center of this controversy, which advocates for the rights of Korean former comfort women, has been criticized for its (...)
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  33. Transnational medical aid and the wrongdoing of others.Keith Horton - 2008 - Public Health Ethics 1 (2):171-179.
    One of the ways in which transnational medical agencies (TMAs) such as Medicins Sans Frontieres aim to increase the access of the global poor to health services is by supplying medical aid to people who need it in developing countries. The moral imperative supporting such work is clear enough, but a variety of factors can make such work difficult. One of those factors is the wrongdoing of other agents and agencies. For as a result of such wrongdoing, the attempt (...)
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  34. Recovering the Human in Human Rights.Diana Tietjens Meyers - 2014 - Law, Culture, and Humanities:1-30.
    It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...)
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  35. Transnational macro-narrative descendancy in violent conflict: a case study of the Mujahidin Indonesia Timur in central Sulawesi.Andrew D. Henshaw - unknown
    This thesis investigates transnational macro-narrative decendancy in violent conflicts and identifies enabling dynamics that facilitate re-framing. To date there has been little focus on processes involved, explicitly narrative descendancy, bridging, resonance building, or grafting, representing a critical knowledge gap. -/- This thesis reviews relevant literature on constructivism and rational choice theory and tests the findings against an empirical case study in Central Sulawesi. The findings demonstrate a mixture of approaches is present, though this is likely due to a range (...)
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  36. Transnational Comercial Surrogacy in India: Gifts for Global Sisters?Amrita Pande - 2012 - Reproductive Biomedicine 23 (5):618-625.
    In this ethnography of transnational commercial surrogacy In a small clinic In India, the narratives of two sets of womenInvolved In this new form of reproductive travel - the transnational clients and the surrogates themselves - are evaluated. How do these women negotiate the culturally anomalous nature of transnational surrogacy within the unusual setting of India? It Is demonstrated that while both sets of women downplay the economic aspect of surrogacy by drawing on predictable cultural tools like (...)
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  37. From Global to Planetary: Standards for the Conduct of Sustainable Lunar Activities.Deepa Kansra - 2023 - Transnational Law and Policy Review 1 (1):1-17.
    The UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS) has played a central role in the development of standards for the sustainable exploration of the Moon. The standards, in particular, are being shaped through consultations with the major space actors namely, states, international organizations, and commercial enterprises. The Moon Village Association, for instance, was created to foster the implementation of a vision of peaceful international cooperation of governmental and non-governmental actors in the exploration of the Moon. In 2021, (...)
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  38. The Law of Non-Contradiction as a Metaphysical Principle.Tuomas E. Tahko - 2009 - Australasian Journal of Logic 7:32-47.
    The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...)
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  39. Humean laws, explanatory circularity, and the aim of scientific explanation.Chris Dorst - 2019 - Philosophical Studies 176 (10):2657-2679.
    One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises if we fail to (...)
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  40. No laws and (thin) powers in, no (governing) laws out.Stavros Ioannidis, Vassilis Livanios & Stathis Psillos - 2021 - European Journal for Philosophy of Science 11 (1):1-26.
    Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...)
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  41. Reclaiming Third World Feminism: Or Why Transnational Feminism Needs Third World Feminism.Ranjoo Seodu Herr - 2014 - Meridians: Feminism, Race, Transnationalism 12 (1).
    Third World and transnational feminisms have emerged in opposition to white second-wave feminists’ single-pronged analyses of gender oppression that elided Third World women’s multiple and complex oppressions in their various social locations. Consequently, these feminisms share two “Third World feminist” mandates: First, feminist analyses of Third World women’s oppression and resistance should be historically situated; and second, Third World women’s agency and voices should be respected. Despite these shared mandates, they have diverged in their proper domains of investigation, with (...)
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  42. Laws and the Completeness of the Fundamental.Martin Glazier - 2016 - In Mark Jago (ed.), Reality Making. Oxford, UK: Oxford University Press. pp. 11-37.
    Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...)
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  43. Lawful Persistence.David Builes & Trevor Teitel - 2022 - Philosophical Perspectives 36 (1):5-30.
    The central aim of this paper is to use a particular view about how the laws of nature govern the evolution of our universe in order to develop and evaluate the two main competing options in the metaphysics of persistence, namely endurantism and perdurantism. We begin by motivating the view that our laws of nature dictate not only qualitative facts about the future, but also which objects will instantiate which qualitative properties. We then show that both traditional doctrines in the (...)
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  44. Laws of Nature.Tuomas E. Tahko - 2024 - In A. R. J. Fisher & Anna-Sofia Maurin (eds.), The Routledge Handbook of Properties. Abingdon: Routledge. pp. 337-346.
    Properties have an important role in specifying different views on laws of nature: virtually any position on laws will make some reference to properties, and some of the leading views even reduce laws to properties. This chapter will first outline what laws of nature are typically taken to be and then specify their connection to properties in more detail. We then move on to consider three different accounts of properties: natural, essential, and dispositional properties, and we shall see that different (...)
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  45. Law-Abiding Causal Decision Theory.Timothy Luke Williamson & Alexander Sandgren - 2023 - British Journal for the Philosophy of Science 74 (4):899-920.
    In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing the truth of (...)
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  46. Revaluing Laws of Nature in Secularized Science.Eli I. Lichtenstein - 2022 - In Yemima Ben-Menahem (ed.), Rethinking the Concept of Law of Nature: Natural Order in the Light of Contemporary Science. Springer. pp. 347-377.
    Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...)
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  47. Strategic decision and transnational corporation efficiency.Igor Kryvovyazyuk, Liubov Kovalska, Larysa Savosh, Liudmyla Pavliuk, Iryna Kaminska, Kateryna Oksenіuk, Olena Baula & Olena Zavadska - 2019 - Academy of Strategic Management Journal 18 (6):1-8.
    The purpose of the study is to reveal the relationship between the justification of strategic decisions and the increase in efficiency of transnational corporations (TNC). The conceptual bases of the justification of strategic decisions for increasing the efficiency of TNC are suggested, the development of which involves research of the preconditions on which their implementation is based, analysis of the main aspects of TNC's activity and accordance with the principles of justification of strategic decisions, strategic decision-making. The results of (...)
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  48. Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...)
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  49. On Law as Poetry: Shelley and Tocqueville.Joshua M. Hall - forthcoming - South African Journal of Philosophy 3 (40).
    Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...)
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  50. Law as a Test of Conceptual Strength.Matthieu Queloz - forthcoming - In Veronica Rodriguez-Blanco, Daniel Peixoto Murata & Julieta Rabanos (eds.), Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology. Oxford: Hart.
    In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...)
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