Mental retardation is an invented bureaucratic category, currently undergoing radical rethinking and likely renaming, that includes many who have biologically based brain disorders, but is itself determined on functional criteria that are purely arbitrary. People with MR are socially vulnerable and thus are more likely to be "naíve confessors," "naíve defendants," and "naíve offenders." That is most likely the rationale and justification for the Supreme Court's decision, in Atkins v. Virginia, to exempt the class from execution. Although the (...) decision is to be applauded as a step in a more humane direction, it is problematic to use an indirect, artificial, and insufficiently inclusive category to determine who should or should not be executed. Limited social intelligence is a characteristic of a wide range of brainbased syndromes and disorders, including many who fall above the upper IQ limit and, thus, are ineligible for the MR label and the legal protections associated with it. A more equitable, and logical, policy would be to extend execution exemption to all who demonstrate the same kinds of vulnerabilities, especially if they can be linked to some brain-based medical condition, regardless of whether one qualifies for the label of MR. (shrink)

While Montesquieu (1689–1755) is often regarded as the thinker who discovered the importance of fundamental principles such as the rule of law and the separation of powers, systematic research of his theory of the state is surprisingly limited. In this article, I argue that his masterpiece, The Spirit of the Laws (1748), points to a theory of the non-arbitrary state. Montesquieu’s comparative study of various governments demonstrates that modern liberty depends on the rule of law. Since many states have (...) laws but few of them guarantee liberty, he stressed that the rule of law requires the separation of the judicial from the legislative and executive powers. The constitution of an independent judicial branch separates the sphere of justice from the political sphere, which creates the basic structure of the non-arbitrary state. Depending on the distribution of power in either of the two spheres, non-arbitrary states can guarantee their citizens more or less liberty. The concept of the non-arbitrary state thus illuminates Montesquieu’s significance for the variety of political projects that emerged in the age of revolutions. (shrink)

What, if anything, is wrong with high executive compensation? Is the common “lay reaction” of indignation and moral outrage justified? In this paper, my main goal is to articulate in a more systematic and philosophical manner the egalitarian responses to these questions. In order to do so, I suggest that we take some insights from recent debates on two versions of egalitarianism: a distributive one, according to which no one should be worse off than others because of unfair distributions of (...) goods and resources, especially ones based on matters of luck or arbitrary factors, and a relational one, which maintains that egalitarian justice requires members of a society to relate to one another as equals. Drawing on recent attempts to highlight the tricky nature of managerial authority, I argue that high inequalities in pay are not simply a distributional matter but should also be analyzed through a relational lens. I also attempt to show that relational egalitarians are well-equipped to question the now dominant “incentives” view of CEO compensation. (shrink)

This article examines the lasting phenomenological consequences of inhabiting “spaces” of exception by rethinking the operation of sovereign violence therein. Taking as its point of departure Giorgio Agamben’s suggestion that the ‘state of exception’ is the ‘rule’ of modern politics, I argue that arbitrary sovereign violence has taken the place of the ‘sovereign decision’ of Carl Schmitt’s original theory. However, recognizing that it is neither enough simply to articulate the institutional grid of intelligibility of the state of exception nor (...) expose the logics of sovereignty that make possible arbitrary violence, it draws on phenomenology, affect theory, and trauma studies to reorient our focus from the sovereign to the subject upon whom sovereign power is executed. Ultimately it proposes a new understanding of modern subjecthood as one of existential insecurity generated by the ‘new age of anxiety’ permeating social and political life today. (shrink)

INTRODUCTION We look to rights for protection. The hope of advocates of “human rights” has been that certain protections might be accorded to allof humanity. Even in a world only a minority of whose inhabitants live under liberal democratic regimes, the hope is, certain standards accepted in the liberal democracies will gain universal recognition and respect. These include liberty of persons as opposed to enslavement, freedom from cruelty, freedom from arbitrary execution, from arbitrary imprisonment, and from (...) class='Hi'>arbitrary deprivation of property or livelihood, freedom of religion, and freedom of inquiry and expression. Philosophers, of course, concern themselves with the theory of rights, and that is partly because of the ways questions of rights bear on fundamental normative theory. By far the most highly developed general normative theory has been utilitarianism. Now many opponents of utilitarianism argue that considerations of rights discredit utilitarianism, that utilitarianism yields conclusions about rights that we would normally regard as faulty, and that moreover, the reasons for regarding those conclusions as faulty turn out, upon examination, to be stronger than the reasons forregarding utilitarianism as valid. A valid theory cannot have faulty conclusions, and so thinkingabout rights shows utilitarianism not to be a valid normative theory. Jeremy Bentham, the founder of the utilitarian movement in nineteenth century England, accepted the incompatibility of utilitarianism and “the rights of man, ” and rejected talkof the latter as “anarchical fallacies”. His great successor John Stuart Mill, however, argued that a perceptive and far–sighted utilitarianism supports strong rights both of democratic participation and of individual freedom of action. (shrink)

This argument map represents an argumentation from Heyns, C. . Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns . S.l.: United Nations. Human Rights Council. The argument map is open for debate in AGORA-net, search for map ID 9206.

Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...) recent attempts, by Thomas Hurka and Michael Cholbi respectively, to defend the view that ‘levelling down’ (that is, reducing the punishment imposed on a criminal from the punishment he absolutely deserves to a less severe punishment in order to achieve proportionality relative to the criminals who have escaped the punishment they absolutely deserve) is, in the context of capital punishment, morally permissible. We argue that both Hurka and Cholbi fail to show why the arbitrariness and discrimination objection impugns the death penalty. (shrink)

The administrative discretionary act differs from regulated act because while the latter refers to the simple execution of the law, the former refers to cases where there is some leeway for a further understanding and application of the rule. For example, discretionary is necessary when the law can provide two possible proceedings, none of which is mandatory. It is also necessary when legislation merely indicates its ends, without specifying the means to achieve them. When it is not dissociated from (...) the exercise of the discretion of a constituted authority, discretionary is the opposite of arbitrariness. After defining this important notion, this paper emphasizes two highlights of it, namely, that the foundation of its power lies in the law itself, and that the distinguishing feature of a discretionary act is the justification of the reasons for the decision. (shrink)

Many studies of bribery acknowledge the important role of bribe-givers, but their true motives remain unclear. We propose that the likelihood of bribery depends on the willingness of an organization to affiliate with local parties or to be successful in a host country, or to have power over local parties. We further argue that different opportunities, either pervasive or arbitrary, facilitate different types of motives that affect the likelihood of bribery. In addition, we investigate the effect of perceived fairness (...) on the likelihood of bribery. We employ a 3 (motives: affiliation vs. achievement vs. power) × 2 (opportunities: pervasiveness vs. arbitrariness) × 2 (perceived fairness: high vs. low) factorial design in experimental settings among Executive MBA students in southern Taiwan. Our findings indicate that, when companies perceive a higher level of distributive fairness, high-achieving organizations are more likely to offer a bribe when the condition is pervasive. When they have a powerful motive, arbitrariness engenders a higher likelihood of bribery. When they perceive less distributive fairness, there are no significant differences between motive and opportunity. (shrink)

Three clusters of philosophically significant issues arise from Frege’s discussions of definitions. First, Frege criticizes the definitions of mathematicians of his day, especially those of Weierstrass and Hilbert. Second, central to Frege’s philosophical discussion and technical execution of logicism is the so‐called Hume’s Principle, considered in The Foundations of Arithmetic . Some varieties of neo‐Fregean logicism are based on taking this principle as a contextual definition of the operator ‘the number of …’, and criticisms of such neo‐Fregean programs sometimes (...) appeal to Frege’s objections to contextual definitions in later writings. Finally, a critical question about the definitions on which Frege’s proofs of the laws of arithmetic depend is whether the logical structures of the definientia reflect our pre‐Fregean understanding of arithmetical terms. It seems that unless they do, it is unclear how Frege’s proofs demonstrate the analyticity of the arithmetic in use before logicism. Yet, especially in late writings, Frege characterizes the definitions as arbitrary stipulations of the senses or references of expressions unrelated to pre‐definitional understanding. One or more of these topics may be studied in a survey course in the philosophy of mathematics or a course on Frege’s philosophy. The latter two topics are obviously central in a seminar in the philosophy of mathematics in general or more specialized seminars on logicism, or on mathematical definitions and concept formation. (shrink)

Joaquin Segura. Untitled (fig. 40) . 2007 continent. 1.2 (2011): 117-124. The interview that follows is a dialogue between artist and gallerist with the intent of unearthing the artist’s working strategies for a general public. Joaquin Segura is at once an anomaly in Mexico’s contemporary art scene at the same time as he is one of the most emblematic representatives of a larger shift toward a post-national identity among its youngest generation of artists. If Mexico looks increasingly like a foreclosed (...) home burning to the ground, Segura could likely be the one walking away, charred matchstick between thumb and forefinger and shit-eating grin on his face. His corrosive attacks on institutions, ideologies, and power reflect a deep general distrust of authority, increasingly evident within the work of younger Mexican artists. It is perhaps most directly the result of President Calderon’s deeply unpopular war against the cartels but no doubt equally the product of decades upon decades of rampant corruption and errant policy within Mexico. Brett W Schultz (BWS): A recurring—if not dominant—theme within your current work and investigation explores ideological extremism in reaction to some perceived political and economic disenfranchisement, especially that espoused and practiced by right-wing groups in United States. That's exactly why I thought of you when I was approached to contribute a piece to an issue on the subject of the moraine—taken metaphorically here to signify a certain set of beliefs that have resurfaced within mainstream American culture in the wake of a probably over-exaggerated political sea-change, marked by Obama's election. You're a Mexican artist who now lives and works in Guadalajara, far from the border cities where such concerns would seem more likely to be relevant to a contemporary artist; of course, you're even farther from the culture that birthed this nature of extremism. What interests you so intensely about this movement, if we can call it that? Joaquin Segura (JS): I think there are several seminal points that you touch on in this particular question. There's a very specific set of interests that make me address the socio-political issues I've been dissecting through my practice in the last few years. First of all, I don't really consider myself a 'mexican' artist. As I've made clear in the past, I don't really believe in the notion of 'identity' or the idea of 'nation', which I find totally laughable and heartwarmingly passé. I'm convinced that these are totally outdated models of understanding our differences and similarities, expanding our already immense and irreconcilable cultural abysses instead of bringing them together, thus resulting in their total dispersion among the complex and extremely arbitrary weaving of contemporary social nucleii. Pretty much a frankly bad joke, if I may say so. The fact that I live and work in Mexico is a completely random geographical and temporal factor, which of course affects what I think and what I do, but I've chosen not to be limited by this specific circumstance. In the past, while working abroad, I've taken advantage of this preconception of Mexico—to be more exact, pretty much all of Latin America—as one of the last barbaric bastions of western civilization. Totally amusing, if you ask me about it. I consider my practice to be, among other things, a gonzo strategy of deceit: there are quite a few roles you can adopt in this approach that may actually reveal themselves to be a privileged vantage point. In my experience, the gentle savage is one of the most effective ones to establish my standing position. Thus, I'm a mexican artist if I need it to prove my point. If it's not necessary in a specific circumstance, I'm not. Quite simple, I think. Said in other words, it's just an ace I can play to win a particular match. It has worked so far, at least for me. L: Hey, America… , 2009. R: The Inaugural Address , 2009. I am interested in the nature of power and the rise and fall of totalitarian ideological and political apparatuses nowadays. But I guess, going even further, I'm essentially fascinated by the fissures and contradictions that have made these structures spectacularly crumble to the ground. I do believe extreme ideologies have played a crucial role in the globalization of socio-political crisis. In the end, our world is nothing more than a fading monument to all things gone wrong—the inspiring triumph of failure, in every sense. I see this as an exciting parable. And of course, it is an undeniable fact that the US, through their influence in world economy, international policies and general attitude towards the rest of the planet is the largest structure waiting to collapse. I think we are all secretly awaiting that moment of splendor, even americans. It'll be disastrous and as nasty as it can get, but it will also be liberating and incredibly inspirational. Not just because it’s the US but because it'll prove that absolutely everything is susceptible to fall. And not only that, most importantly, it would confirm that radical change may actually be possible and not just one more of the unfulfilled promises modernity has left us to struggle with on our own. BWS: I want to talk first about two of your works in particular: Hey, America... and The Inaugural Address . I feel like your more recent work has a subtle —or even hidden—sinisterness, but these two works are perfect examples of how brutally confrontational your earlier work has been. When we showed Hey, America... at Mexico City's Zona Maco art fair in 2010, there were at least a couple visitors to our stand who were absolutely ready to punch me in my gringo face for having done so. Certainly the shock value of these works is crucial to their central ideas, but can you tell me more about your intentions and how these works relate to your general oeuvre? JS: So funny. Perhaps we do deserve to be punched in the face. I think that's what I'm sometimes looking for, but I hardly ever get it. I do think of such works as some sort of logical trap, a somewhat perverse ambush waiting for someone to walk into head-on. I think what I tried to do with those two specific works, as well as some other past projects, is just emphasize issues or themes that do disturb or make me uneasy and restless. I consider my essential intention a need to make clear that we do not have to look the other way, ignore or forget. We must address, understand and solve these manifestations of senseless violence and absurdity because if we don't confront them this way, they'll end up consuming us. In other words, I do consider these works as a personal need of coming to terms with the nonsense of the world we all are living in. I don't particularly consider myself to be someone with a clear set of beliefs. Perhaps my only certainty would be that everything is there to be denied, demolished and obliterated—even my supposed unquestionability of that particular 'dogma.' My practice is a reflection of that paradox, and I do think that's how these two pieces relate to a wider body of work. Every democratic system and so-called developed contemporary society is deeply flawed on the inside, and that is because each has swept things under the rug. Of course, there's tolerance, good will and eagerness to make a difference but there's also hatred, pain and fear lingering all around. We must learn to relate to both sides of the spectrum. In a way, I approach the themes behind these particular works in what I think to be a non-biased, somewhat 'neutral' way. I do think there's an encryption process going on in the way I work, some sort of formal refinement of this somewhat outrageous content. A digest of infamy, if we can refer to it that way. It is up to the individual experiencing the work to decide which way these pieces lean. They can easily be seen from both positions and I'm ok with that. If you look closely at these works, there's nothing that establishes an unrelenting position—neither support nor rejection. I don't want my personal political views to directly set an agenda for the spectator as that’s essentially propaganda, which is one of the things I absolutely despise. To sum it up, I strive for the spectator to complete the piece in that sense. The work then becomes a reflection of his or her own contradictions, a playground of the mind. I'm interested in achieving a deadpan and deadlock state in the observer. So, in a way, those visitors threatening to beat the shit out of you unconsciously became that particular issue the work is alluding to. Just blind and senseless reaction to god knows what people feel must be defended, the overwhelming virtue of ambiguity. Beautiful. Perhaps you can also think of my practice as a uber-sophisticated and snobbish version of Punk'd. And you wouldn't be far from what I'm trying to convey. Untitled (Disturbance Scenarios #2) . 2010. BWS: To me, an important transitional marker in the overall trajectory of your work is the series, Disturbance Scenarios , which evokes a similar generalized state of panic, paranoia, and impending doom through its incorporation of sensationalist newspaper headlines, yet also suggests this slyly mysterious meta-narrative via the context in which the newspaper itself is placed. How did you arrive at this series and why did you choose photorealistic painting as the medium for it? JS: I consider this series to be a by-product of the process I follow when making work. I spend an important part of my time just doing research, going through documentation and accumulating visual or historical references for the themes or episodes I'm interested in, in that particular moment. These are, of course, valuable assets that connect among themselves in a mysterious and almost undetectable manner, sometimes a few years between one and the other. I've employed similar production strategies in the past, in ongoing series like Random Moments of Urban Decay , in which I document what I consider to be physical traces of ethnic, religious or ideological violence in the form of text graffiti, invisibly scattered in different cities of the world, mostly in the US. Disturbance Scenarios was started in early 2010, following a particularly intense period of traveling here and there that lasted for most of the year. I've always felt compelled by text, as I find quite intriguing the idea of how words can create equally intense evocations of what I call a mental panorama of uneasiness than those produced by aesthetically-charged imagery; of course, if handled right. I have a close relationship to print media—due both to my academic background and to my attraction to its ubiquity and almost unlimited influence, which in the end, is nothing else but power—so I found myself with a growing archive of newspaper headlines snapshots from cities like Melbourne, Auckland, London, and LA. Going through them, I noticed that they had in common a very specific thematic slant: they were all about some sort of conflict: energy crisis, political unrest, local episodes of domestic violence, you name it. So as you very well put it, I felt they all connected through this feeling of anxiety and anguish and I decided to start thinking of them as a body of work. Basically, I felt an interest in creating what I think of as my personal fragmented prefigurements of the end of civilization. There were few elements on the shots that could give away its actual location, geographically speaking, and I liked that. I find this sensation of vagueness and uncertainty quite alluring. The more subtle, the more perverse. The formal resolution of the series—as photo-realistic painting—is linked to my intention of creating distance between me as the artist and the themes I work with. I rarely execute my own work, and that is more a personal choice as I'm more interested in the ideas I mingle with than in the actual outcome of that process, understood as an "art-object" with certain market value. I did some tests with light-jet prints of those snapshots and I found them devoid of that nightmarish, disturbing indistinctness that I felt was so important for them to be able to project the turmoil I experienced upon encountering them and in conceiving of them as a series. So I thought that photorealistic painting would be an interesting resource to play with, as I hardly had worked with that medium before because of my lenient animosity toward painters and their craft. So they were executed like that and I think it turned out to be just right. Homemade (Napalm #2) . 2010. BWS: Though Disturbance Scenarios remains ongoing, it's an interesting contrast to another series of yours, Homemade, which are these beautifully banal photographs of the ingredients used to make improvised explosives. Whereas Disturbance Scenarios still confronts the viewer aggressively with its visual emphasis on loaded texts, in Homemade , you've dropped the surface-level bravado entirely. They're pieces that require explanation to someone not already versed in the fine art of amateur explosive-making. You weren't known for subtlety in your past work; why this change in direction? JS: I'm personally convinced that these are just two angles of the same conceptual preoccupation. I mentioned before my obsession with the idea of encryption. I'm quite enticed by how these processes of translation can politically and semantically alter and deviate purportedly subversive materials such as the ones these works allude to. I do think subversion is futile. I was really troubled by that thought for some time, but I think now I understand that it's not really that important. What is really significant is to elaborate on these alternate views, to envision and refine possible escape routes. It doesn't really matter if they go nowhere, but that is because nothing really matters. A "mute" artwork is a notion that captivates me. When you look at the works you mention, you know there's something off, but it's not fully clear how and why that is. I rely on that insecurity—on that moment of hesitation. And that can also be achieved through an approach like the one I'm now interested in. Let's just call it a smoke screen, a surrogate ruse to get to the same point: to talk about impotence and defeat in contemporary life. The notion that readily accessible information is actually a weapon is a double-edged fallacy: sure, you can make use of whatever resources you can lay your hands on, but that doesn't set you free because freedom is impossible. Still, that doesn't mean you can't blow up stuff during the process, metaphorically or not. I didn't understand the nature of subtlety before. I used to think that you needed to be loud and manifest anger and unconformity in the most aggressive manner possible. Then I finally realized that you can actually permeate and rarify a battleground—because after all, this is low-intensity war—if you actually aim at silently building up the contradictions and making the symbolic value of ideas and acts clash within themselves. Or perhaps it is that I am just getting old. I guess I used to be an angry kid until recently. Now I think of myself as a disenchanted post-teenager, and of course that reflects in my work and my approach to art-making. Kind of a rite of passage and I laugh at it because, overall, it has been overwhelmingly fun. And that doesn't mean that I'm not ready to stick it in someone or something's face again if I feel like it. BWS: You're now taking the subtlety of the Homemade series even further with your newest series, Definitive Reader For a Botched Revolution , in which you photograph a series of politically-charged books side-on, negating their content entirely—essentially reducing them to purely aesthetic objects in which the subject matter is only revealed in the title of the work. Can you talk about the ideas behind this series? Furthermore, is your recent interest in this idea of the "botched revolution" an indication of a general attitudinal or philosophical shift you've since adopted? JS: This new series of works is the logical outcome of a brief period I went through. Probably the last couple years, in which due to a number of circumstances that don't really have to do with my art-making, I was forced to renegotiate my ideas, my beliefs and practically everything that surrounds me. It was quite distressful and turbulent, but in the end, I think it was also almost epiphanic. I came to terms with myself and now I'm calm and serene. That is, of course, my personal take on it but I mention it because I do think it's important to address this shift you mention. The idea of an artwork as a container for latent revelations enthralls me quite a bit. That's how I see these particular works: art as an incendiary agent. It's up to the artist and the spectator to do whatever they please with it. I think the detachment and almost surgical cleanliness from the Definitive Reader series is also my take at poking fun of the way some art is totally innocuous and uncompromising. These images may be pleasing to the eye, but there's something twisted and rotten within them, well hidden beneath. You'll either see it or not, but without a doubt, it will not cancel its presence. This series is intrinsically linked to Homemade . I'm pretty much horsing around with similar ideas and statements here. And well, yes, I do think any revolution is a botched one. There's nothing too heavy about their own downfall. Decay and breakdown are here and will not go away. Perhaps we must learn to embrace them in one way or another, for our own sake. L: Untitled (T.A.Z.). R: Untitled (United States Marine Guidebook of Essential Subjects) . 2011. BWS: Finally, let's discuss the near future. You've got an upcoming solo show at the Sala de Arte Público Siqueiros [SAPS] in Mexico City this summer. What can we expect from that? What else do you have planned? JS: I'll go and get seafood as soon as I'm done with this interview. It's pretty good here in Guadalajara. That's my top priority at this very moment. About my solo project at SAPS, it's due to open in late July. I'm quite looking forward to it. I'm still closely working with the curator on the general feel for the show but I can say that it'll be more of a revision of past works that have not been shown in Mexico City except for a couple pieces. It definitely won't be a showcase for new projects, although we may include one or two previously unseen works. What you can expect is a rereading of what I've been working on during the past few years. In a way, that's exciting to me because for some reason I don't really care about, I'm not that active in Mexico City even though that's where I lived and work for years. I've hardly shown there after my solo project at Yautepec in February of 2010. It'll be nice to see how it all comes together and I'm more thrilled about it because I totally love the space and I think they're doing an excellent job with their programming and its direction. And in a certain way it feels like going back home. About everything else, I need a period to reflect and fully understand what I've been thinking and working on. I've got a few group shows here and there: New York, San Francisco, and Melbourne are the ones happening soon. I will present my censored project Untitled ( Gringo Loco ) as part of the programming of the Museo de Arte de Zapopan in Guadalajara, two years after being escorted at gunpoint from the installation site by police sent by the extreme right-wing mayor of the city, which I found pretty amusing for an otherwise typical Saturday afternoon. I'm also involved in a couple "curatorial" projects. In my case, "curatorial" means that I help put together stuff I like and I'm interested in. One of them will open in late September of 2011 at Arena Mexico Arte Contemporaneo, and I will work with three of whom I consider to be some of the best artists in a lively and active scene such as the one here in Guadalajara. But most importantly, I've been doing heavy research so there are also a number of projects that I've yet to finalize. That'll be my main focus during the rest of the year, even though I really enjoy procrastination. There'll be time for that later. Or maybe not. We'll see. About Joaquin Segura The action, installation, intervention and photographic work of Joaquin Segura (b. Mexico City, 1980) has been shown in solo and group exhibitions in Mexico, the United States, Europe, and Asia. Some spaces that have featured his work include La Panaderia, Museo de Arte Carrillo Gil, Centro de la Imagen and Ex-Teresa Arte Actual in Mexico City; El Museo del Barrio and apexart, New York, NY; Museo Nacional Centro de Arte Reina Sofia in Madrid, Spain; National Center for Contemporary Art, Moscow, Russia; and Palace Adria in Prague, Czech Republic. In 2008 and 2009, Segura was an artist-in-residence at the International Studio and Curatorial Program, New York, NY and at the 18th Street Arts Center, Santa Monica, CA. He is represented YAUTEPEC in Mexico City and by Arena Mexico Arte Contemporáneo in Guadalajara. Further Reading Joaquin Segura’s website YAUTEPEC artist page for Joaquin Segura Capps, Kriston. “ID-ENTITY: Washington, DC.” ART PAPERS . 2009. (shrink)

The role of Parliament has been fundamentally changed by the following factors : 1° the growing technicality of society, 2° the growing influence of administration and the executive, 3° the new forms of democratic practice, 4° the management of political parties.In practice, the legislative function turns more and more into a control of the general objectives of the law rather than of the technical and juridical aspects. Besides, it is important to examine, from a constitutional point of view, the different (...) forms of delegation.The control of both executive power and ombudsfunction remain the basic tasks of Parliament. The technical means, needed to perform these tasks, have therefore to be considerably improved. Beside the evolution of these two classical functions, it is vital to meet the growing power conflicts between government, parties, social partners and Parliament by creating new patterns of deliberation.To maintain the parliamentary system it is essential to carry through such constitutional reforms as will prevent arbitrary dissolution of Parliament. (shrink)

The separation-of-powers literature has entertained the possibility of differentiating governmental functions at a conceptual, pre-institutional level, as a way of defining the separation of powers. However, it can be objected that attempts at differentiating functions at this level cannot escape a problem of arbitrariness. In this article, I develop an account of the separation of powers which addresses this problem. On my account, the legislative function is defined by the creation of validity claims, understood as claims making it a matter (...) of normative common-knowledge that such and such normative attitudes hold for the interaction between agents. The executive-judicial function is defined by the specification of rights and other jural positions out of the validity claims. This account of the separation of powers has the double advantage that it works at a conceptual, pre-institutional level, and that it is able to distinguish between the functions in a non-arbitrary manner. In developing this account, I also consider its practical implications. I argue that the conceptual distinction between the legislative and the executive-judicial functions is expressive of rule-of-law values, and that this might render it a sufficient but not necessary condition for the institutional separation of powers. (shrink)

One most common problem in reinforcement learning systems (e.g. Q-learning) is to reduce the number of trials to converge to an optimal policy. As one of the solution to the problem, k-certainty exploration method was proposed. Miyazaki reported that this method could determine an optimal policy faster than Q-learning in Markov decision processes (MDPs). This method is very efficient learning method. But, we propose an improvement plan that makes this method more efficient. In k-certainty exploration method, in case there is (...) no k-uncertainty rule (rules which aren’t selected more than k times) in current state, an agent sometimes walks randomly until it finds a state where it can select a k-uncertainty rule. We think that this behavior is not efficient. To reduce this useless behavior, we propose combining k-certainty exploration method with Dynamic programming (DP). Miyazaki’s system uses DP after all rules are executed at least k times. But, our method uses k-certainty exploration method along with DP during learning. Our method, takes two pattern actions. In case an agent can select k-uncertainty rules, one of these rules is selected at random as k-certainty exploration method. In another case there is no k-uncertainty rule, behavior of agent is different from the behavior of k-certainty exploration method. In that case, our method uses DP to compute an optimal policy for moving from a current state to a state in which some k-uncertainty rules remain. The model for DP is constructed by using only known states. The outline will be described below. First, an agent makes a map constructed by using only known states. In the map, goals are states in which there are k-uncertainty rules and arbitrary state values are set in these states. Point to which attention should be paid is that the map is not given from outside. It is made from only experience. Next, each state values of states in which there are only k-certainty rules in the map are computed by DP (we used Policy Iteration). Finally, an agent continues to select greedy action until it arrives at a state in which it can select a k-uncertainty rule. By this improvement, we expect it can determine an optimal policy faster than k-certainty exploration method. And we have verified that our exploration method can determine an optimal policy faster than k-certainty exploration method by computer simulation. (shrink)

Although rationing of scarce health-care resources is inevitable in clinical practice, there is still limited and scattered information about how physicians perceive and execute this bedside rationing (BSR) and how it can be performed in an ethically fair way. This review gives a systematic overview on physicians’ perspectives on influences, strategies, and consequences of health-care rationing. Relevant references as identified by systematically screening major electronic databases and manuscript references were synthesized by thematic analysis. Retrieved studies focused on themes that fell (...) under three major headings: (i) conditions and influences of BSR, (ii) strategies of BSR, and (iii) consequences of BSR. The range of themes indicates that physicians’ rationing behavior is highly variable, strongly influenced by context-related factors, and consists mainly of implicit rationing strategies. Torn between patient advocacy and the obligation to contain costs, physicians experience various role conflicts. The development of explicit rationing strategies seems necessary to avoid arbitrary BSR and allow a fair allocation of health-care resources. (shrink)

The question of where, between theory and experiment, computer simulations (CSs) locate on the methodological map is one of the central questions in the epistemology of simulation (cf. Saam Journal for General Philosophy of Science, 48, 293–309, 2017). The two extremes on the map have them either be a kind of experiment in their own right (e.g. Barberousse et al. Synthese, 169, 557–574, 2009; Morgan 2002, 2003, Journal of Economic Methodology, 12(2), 317–329, 2005; Morrison Philosophical Studies, 143, 33–57, 2009; Morrison (...) 2015; Massimi and Bhimji Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics, 51, 71–81, 2015; Parker Synthese, 169, 483–496, 2009) or just an argument executed with the aid of a computer (e.g. Beisbart European Journal for Philosophy of Science, 2, 395–434, 2012; Beisbart and Norton International Studies in the Philosophy of Science, 26, 403–422, 2012). There exist multiple versions of the first kind of position, whereas the latter is rather unified. I will argue that, while many claims about the ‘experimental’ status of CSs seem unjustified, there is a variant of the first position that seems preferable. In particular I will argue that while CSs respect the logic of (deductively valid) arguments, they neither agree with their pragmatics nor their epistemology. I will then lay out in what sense CSs can fruitfully be seen as experiments, and what features set them apart from traditional experiments nonetheless. I conclude that they should be seen as surrogate experiments, i.e. experiments executed consciously on the wrong kind of system, but with an exploitable connection to the system of interest. Finally, I contrast my view with that of Beisbart (European Journal for Philosophy of Science, 8, 171–204, 2018), according to which CSs are surrogates for experiments, arguing that this introduces an arbitrary split between CSs and other kinds of simulations. (shrink)

Turing machines define polynomial time on strings but cannot deal with structures like graphs directly, and there is no known, easily computable string encoding of isomorphism classes of structures. Is there a computation model whose machines do not distinguish between isomorphic structures and compute exactly PTime properties? This question can be recast as follows: Does there exist a logic that captures polynomial time ? Earlier, one of us conjectured a negative answer. The problem motivated a quest for stronger and stronger (...) PTime logics. All these logics avoid arbitrary choice. Here we attempt to capture the choiceless fragment of PTime. Our computation model is a version of abstract state machines . The idea is to replace arbitrary choice with parallel execution. The resulting logic expresses all properties expressible in any other PTime logic in the literature. A more difficult theorem shows that the logic does not capture all of PTime. (shrink)

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 (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

This article offers a new interpretation of the theme of servile ‘crime and punishment’ in the Cena Trimalchionis. Focussing on scenes that directly involve the dinner host, it argues that the domestic justice system that they flesh out adds nuance to the satirical bite of the episode. An initial overview of the instances of ‘crime and punishment’ involving enslaved characters demonstrates how these scenes parade not just Trimalchio's wealth but his masterly power overreaching that of private domini. While previous scholarship (...) understood Trimalchio's questionable chastisements as indicative of this parvenu's pretensions, this article shows that they cumulatively develop an image of a jumbled execution of justice—brought to life through the presence of state functionaries, judicial infrastructures and penalties normally executed by the state. The climax of this image is hidden in plain sight, in a hitherto underappreciated scene involving purple wool (54.3–5), discussion of which proves in conclusion that the instances of servile ‘crime and punishment’ craftily build a subplot that plays on the freedman's imperial authority. The imperial matrix already recognized in several dimensions of the Cena in earlier scholarship unmistakably characterizes Trimalchio's domestic jurisdiction too; arbitrary and unfair, it offers biting comment on the state of Roman justice during the Principate with the progressive channelling of justice through the sole authority of the emperor. In sum, the servile ‘crime and punishment’ theme works as a fierce attack on the imperial government, encouraging broader reconsideration of the target of Petronius’ satirical pen. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:332 BOOK REVIEWS toral inventions (such as basic Christian communities), and the religious backgrounds of millions who help to make up the churches, Catholic and Protestant, of the United States. Providence College Providence, RI EDWARD L. CLEARY, O.P. Springs of Action: Understanding Intentional Behavior. By ALFRED R. MELE. New York and Oxford: Oxford University Press, 1992. Pp. 272 + ix. $39.95 (cloth). Alfred Mele's overarching aim in this book (...) is to offer an account of the role of intentions in the explanation of intentional action. He works within the familiar terms of causal theories of action, and is particularly indebted to Donald Davidson. In Part I, Mele borrows a set of theses from Davidson's desire/belief model of intentional action, and in the process of addressing problems associated with these theses, he progressively refines an account of action that understands an agent's reasons to have explanatory force by virtue of being among the causes of action. In Part II, Mele argues that desire/belief models are insufficient as they stand and need to be filled out by recognizing that intentions provide a crucial link between reasons and actions. The discussion begins with the vexed question of how the content of mental states can be relevant to the causal explanation of action. We constantly appeal to our desires, beliefs, plans, and so on (i.e., to various propositional, or intentional, attitudes) in explaining our behavior. But how does, say, my appetite for good wine and my belief that the house chardonnay is such a wine figure in the causal order that brings about my act of ordering a glass of it? Presumably, these intentional states supervene upon certain physical states of my body, and the latter do the causal work of producing wine-ordering behavior. However, there are good reasons to think that, with certain sorts of changes in my history and environment (viz., of the sort described in twin earth thought experiments), these physical states could be the realization of different intentional states. So can a causal theory of action actually accord my desires and beliefs any role in explaining my action? Mele argues that even if we hold (with externalists) that the agent's history and environment help to fix the content of her intentional states, we can nonetheless say that unless the agent had intended what she did, she would not have acted as she did. The behavior is intentional action by virtue of issuing (in the right way) from physical processes BOOK REVIEWS 333 that realize the agent's reasons for acting, and these processes realize these reasons only if the processes have an appropriate causal history. The result is that what we desire, believe, and intend does after all make a systematic difference in what we do. Mele makes some helpful refinements in the standard account of the causal role of desire in intentional action. It has typically been claimed that when an agent's wants compete, the "strongest" of them deter· mines the action; if an agent wants to do A more than anything else that she takes herself to be able to do, then if she acts intentionally she will do A. Mele points out that this general claim must be qualified so as to index desires to times, to accommodate both unsuccessful at· tempts and the agent's estimates of the likelihood of success, and to deal with the complex relations between desires. He explores the way in which agents are able to control the motivational strength of their desires, and he works out a definition of irresistible desire. One of the deepest challenges to the claim that action is caused by what we most desire arises in considering "motivational ties." How, on this account, is intentional action possible when we equally desire each of two incompatible alternatives? An arbitrary decision procedure can be adopted (e.g., a coin toss), but this alone does not en· hance the attractiveness of the randomly selected alternative. Here Mele introduces his thesis about intentions: viz., that intentions have an "executive quality that is not reducible to desire-strength" (p. 72), so that even when there is no preponderant motivation to do A... (shrink)

House raids represent the genre of military acts which fall within the grey zone of war and peace ? counterinsurgency, post-conflict operations, or phase IV operations (a.k.a. Operations Other Than War) ? in which the Geneva Conventions and their Protocols may reveal protection gaps. This article reviews accounts of the execution of house raids contained in the military literature and compares them to the testimony of soldiers and observers recorded in the media. It assesses the relevant provisions of humanitarian (...) law as pertaining to the necessity, distinction, and proportionality of actions. Further, it highlights the specific human rights and humanitarian standards addressing terror, arbitrary intrusion into the home, violations of honor, and humiliation. The conclusion emphasizes the importance of taking into account gender and cultural considerations to properly address the interests of family members ? i.e., women, children, and the elderly who are most affected by house raids. (shrink)

The essential nature of legislative power is to make the laws; that of executive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s (...) Second Treatise, Montesquieu’s Spirit of the Laws, as well as The Federalist Papers. Moreover, it will seek to establish its executive nature and to explain why it is so often (at least presently) misunderstood to be akin to the legislative power. (shrink)

This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...) deference to experts--something that has been largely unrecognized in legal theory. After presenting a detailed model of analogy, Chapter 1 argues that legal reasoning by analogy, like analogical argument in logic, mathematics, and the natural sciences, possesses a great deal of rational force when properly executed. Chapter 2 investigates the reasoning process by which non-expert legal reasoners defer epistemically to the judgments of scientists. It presents five main conclusions or explanations. Every practical syllogism actually consists of two distinct chains of inference, and what is usually considered in writings on practical reasoning to be the minor premise of a practical syllogism is actually the conclusion of a separate chain of argument. When a practical reasoner defers epistemically to a theoretical expert, this separate chain of argument has a special structure, which is modeled in Chapter 2. The non-expert legal reasoner must always make a prescriptive practical judgment about the standard of epistemic appraisal and level of epistemic confidence that the reasoner requires of scientific evidence before it may be relied upon in reaching a legal decision. Legal systems should be committed to an emergent rule of law ideal identified and referred to as "intellectual due process" which condemns epistemically arbitrary reasoning processes insofar as they play a role in legal decisionmaking. Since non-arbitrariness is a necessary condition of both epistemic and legal legitimacy, we have compelling reason to doubt that the non-arbitrariness condition can be met when non-experts defer epistemically to scientific experts. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines (...) and incarceration narrow one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

The five chapters in this volume were originally delivered in lecture form at the University of Genoa and have previously appeared in French, German, and English translations. An appendix, "What the Philosopher May Learn from the Study of Law," has also appeared before in English. The book is basically a digest, with some modifications, of Perelman's earlier work Justice et Raison. The chief modification involves a supposed shift away from positivism toward a greater emphasis on the cognitive status of primary (...) values. Through the mediation of his consideration of the nature of practical reason in the Traité de l'Argumentation, Perelman now wishes to argue that values are subject to dialectical justification. The analysis of justice, thus, need not be restricted to merely formal specifications such as the rule of justice or to such inherently nonuniversalizable and nonanalyzable principles as that of equity. Dialectical justification falls short of demonstration, but only someone still under the spell of Cartesianism would wish to maintain that rationality is adequately summarized in the model provided by mathematics and science. Jurisprudence, therefore deals with judgments that have cognitive and not arbitrary or merely historical value. So much for the scheme of Perelman's argument. What about its execution? It must be said that its substance is slight and the base of discussion extraordinarily narrow. Thus, Perelman says he wishes to avoid the Scylla of nominalism and the Charybdis of realism; but his own analysis winds up squarely in a conventionalism that is only minutely distinguishable from the nominalism he presumably attacks: e.g., "the idea of [practical] reason must not be linked to that of truth", "reason is but an attempt to convince the members of [the universal] audience--whom common sense would define as well-informed and reasonable men". The only defense offered by Perelman for the first statement is a flaunting of the bogey of dogmatism. The vicious circle in the second statement is barred from rising to the level of the fruitful Aristotelian paradox by a peremptory dismissal of natural law: "The theorists of natural law... have not convinced the majority of those philosophers of law who are endowed with critical minds." This kind of "you-don't-belong-to-the-club" argument makes the book practically worthless from a truly dialectical point of view. The only critical sparks generated are in Perelman's discussion of Rawls' theory of "justice as fair play." His points here are well taken. But, as this is the only saving grace in the book--the rest being merely a statement of Perelman's own doxa about justice--it would have been better to leave the whole interred in the journals where it had already been published.--E. A. R. (shrink)

Psychopathy, executive functions, and neuropsychological data: a response to Sifferd and Hirstein.

The debate between Uniqueness and Permissivism concerns whether a body of evidence sometimes allows multiple doxastic attitudes towards a proposition. An important motivation for Uniqueness is the so-called ‘arbitrariness argument,’ which says that Permissivism leads to some unacceptable arbitrariness with regard to one's beliefs. An influential response to the argument says that the arbitrariness in beliefs can be avoided by invoking epistemic standards. In this paper, I argue that such a response to the arbitrariness argument is unsuccessful. Then I defend (...) a new response: contrary to common conception, the arbitrariness resulted by Permissivism is acceptable. The basic idea is that the arbitrariness resulted by Permissivism is analogous to the arbitrariness in permissive actions and the latter arbitrariness is intuitively acceptable. I answer three possible objections against this analogy, which are all motivated by the thought that beliefs aim at the truth. In addressing the last objection, I draw inspiration from the recent debate on transformative experience. (shrink)

Two fundamental rules of reasoning are Universal Generalisation and Existential Instantiation. Applications of these rules involve stipulations such as ‘Let n be an arbitrary number’ or ‘Let John be an arbitrary Frenchman’. Yet the semantics underlying such stipulations are far from clear. What, for example, does ‘n’ refer to following the stipulation that n be an arbitrary number? In this paper, we argue that ‘n’ refers to a number—an ordinary, particular number such as 58 or 2,345,043. Which (...) one? We do not and cannot know, because the reference of ‘n’ is fixed arbitrarily. Underlying this proposal is a more general thesis: Arbitrary Reference : It is possible to fix the reference of an expression arbitrarily. When we do so, the expression receives its ordinary kind of semantic-value, though we do not and cannot know which value in particular it receives. Our aim in this paper is defend AR. In particular, we argue that AR can be used to provide an account of instantial reasoning, and we suggest that AR can also figure in offering new solutions to a range of difficult philosophical puzzles. (shrink)

An executive ought to be as informed as possible about the needs and preferences of her constituency and about the most important policy issues that her constituency confronts. This ethical duty, referred to as the informed governance principle, requires that an executive who is not opposed to the death penalty personally carry out at least one execution of a death row inmate. Having an executive act as executioner, even if just once, could also help citizens reflect upon their personal (...) ethical commitments, spur them to monitor the government’s power, and prompt them to contemplate how best to distribute power so that the chance of injustice is minimized. (shrink)

Evidential Uniqueness is the thesis that, for any batch of evidence, there’s a unique doxastic state that a subject with that evidence should have. One of the most common kinds of objections to views that violate Evidential Uniqueness are arbitrariness objections – objections to the effect that views that don’t satisfy Evidential Uniqueness lead to unacceptable arbitrariness. The goal of this paper is to examine a variety of arbitrariness objections that have appeared in the literature, and to assess the extent (...) to which these objections bolster the case for Evidential Uniqueness. After examining a number of different arbitrariness objections, I’ll conclude that, by and large, these objections do little to bolster the case for Evidential Uniqueness. (shrink)

Shows that executive integrity is not merely a moral trait but a dynamic process of making empathetic, responsible, and sound decisions. Describes key features of executive integrity including effective social interaction, open dialogue, and responsive leadershipand explains how integrity can be developed and practiced in today's organizations.

According to international longitudinal studies, the quality of preschool education is of great importance for children’s further development. The modern research’s greatest interest in the field of studying the quality of preschool education is precisely the assessment of the relationship between the teacher and children as well as the teaching quality in kindergarten groups. In this regard, the Classroom Assessment Scoring System (CLASS) seems to be the one of the most relevant for the educational environment quality evaluation. The CLASS methodology (...) (which includes emotional support, classroom organization, and instrumental support) is based on the cultural-historical approach, which shows the interaction between students and adults as the main mechanism for child’s development. The aim of this study is to investigate the relationships between different aspects of the classroom organization quality in kindergarten groups and executive functions components (such as cognitive flexibility, inhibitory control, and working memory) in 5–6-year-old children. The quality of classroom interaction was measured by the CLASS. The study used the Dimensional Change Card Sort (DCCS) method to assess cognitive flexibility and the NEPSY-II subtests “Inhibition” to assess inhibitory control and “Memory for Designs” and “Sentences Repetition” to assess visuo-spatial and verbal working memory, respectively. The study was approved by the Ethics Committee of the Faculty of Psychology at Lomonosov Moscow State University. The study involved 26 kindergarten groups in Moscow. While conducting the research, extreme groups were identified (5 with low quality and 10 with high-quality levels of classroom interaction). Then, three kindergarten groups with low level (65 children) and three groups with high level (68 children) of interaction within classroom were selected and compared. The results revealed that children from groups with low level of classroom interaction have higher results in cognitive flexibility tasks when compared with children from groups with high level of interaction. Also, children from groups with high-quality classroom interaction demonstrated higher results in visuo-spatial working memory tasks and inhibitory control tasks as contrasted with children from low-quality groups. These findings attest to the importance of classroom interaction quality for the executive functions development in the preschool age. (shrink)

When a belief has been influenced, in part or whole, by factors that, by the believer's own lights, do not bear on the truth of the believed proposition, we can say that the belief has been, in a sense, arbitrarily formed. Can such beliefs ever be rational? It might seem obvious that they can't. After all, belief, supposedly, “aims at the truth.” But many epistemologists have come to think that certain kinds of arbitrary beliefs can, indeed, be rational. In (...) this paper, I want to do two things. First, I want to show that the claim that arbitrary beliefs can be rational is inconsistent with the conjunction of two other attractive claims: one saying that rationality requires a certain kind of epistemic immodesty, and one saying that rationality forbids certain kinds of self-ascriptions of epistemic luck. Second, I want to evaluate different ways one might respond to this inconsistent triad. I won't defend any response in particular, but I'll draw out some notable costs and benefits of each response, which may help shed light on the question of whether arbitrary beliefs can be rational. (shrink)

The genetic code has been regarded as arbitrary in the sense that the codon-amino acid assignments could be different than they actually are. This general idea has been spelled out differently by previous, often rather implicit accounts of arbitrariness. They have drawn on the frozen accident theory, on evolutionary contingency, on alternative causal pathways, and on the absence of direct stereochemical interactions between codons and amino acids. It has also been suggested that the arbitrariness of the genetic code justifies (...) attributing semantic information to macromolecules, notably to DNA. I argue that these accounts of arbitrariness are unsatisfactory. I propose that the code is arbitrary in the sense of Jacques Monod's concept of chemical arbitrariness: the genetic code is arbitrary in that any codon requires certain chemical and structural properties to specify a particular amino acid, but these properties are not required in virtue of a principle of chemistry. This notion of arbitrariness is compatible with several recent hypotheses about code evolution. I maintain that the code's chemical arbitrariness is neither sufficient nor necessary for attributing semantic information to nucleic acids. (shrink)

Arbitrary symbolism is a linguistic doctrine that predicts an orthogonal relationship between word forms and their corresponding meanings. Recent corpora analyses have demonstrated violations of arbitrary symbolism with respect to concreteness, a variable characterizing the sensorimotor salience of a word. In addition to qualitative semantic differences, abstract and concrete words are also marked by distinct morphophonological structures such as length and morphological complexity. Native English speakers show sensitivity to these markers in tasks such as auditory word recognition and (...) naming. One unanswered question is whether this violation of arbitrariness reflects an idiosyncratic property of the English lexicon or whether word concreteness is a marked phenomenon across other natural languages. We isolated concrete and abstract English nouns, and translated each into Russian, Arabic, Dutch, Mandarin, Hindi, Korean, Hebrew, and American Sign Language. We conducted offline acoustic analyses of abstract and concrete word length discrepancies across languages. In a separate experiment, native English speakers with no prior knowledge of these foreign languages judged concreteness of these nouns. Each naïve participant heard pre-recorded words presented in randomized blocks of three foreign languages following a brief listening exposure to a narrative sample from each respective language. Concrete and abstract words differed by length across five of eight languages, and prediction accuracy exceeded chance for four of eight languages. These results suggest that word concreteness is a marked phenomenon across several of the world's most widely spoken languages. We interpret these findings as supportive of an adaptive cognitive heuristic that allows listeners to exploit non-arbitrary mappings of word form to word meaning. (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on (...) Italian case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)

This essay introduces the term arbitrary cause as a precise description of the contingent structural relationship of figurative language to social reality. At the present time our critical vocabulary lacks a term that characterizes that relationship. The aim of the present essay is to establish the importance of the notion of arbitrary cause in understanding the process of figurative representation. The essay examines Saussurean linguistics, structuralist and poststructuralist revisions of Saussure, and provides a detailed set of examples demonstrating (...) the instability of the concept of the arbitrary in common usage. The essay concludes with a discussion of literary expression. (shrink)

The arbitrariness of a signal has long been seen as a theoretically important but difficult to pin down notion. In this article, we suggest there are at least two different notions of arbitrariness at play in philosophical and scientific debates concerning the use of arbitrary signals, and work towards improved analyses of both. We then consider how these different types of arbitrariness can co-occur and come apart. Finally, we examine the connections between these two types of arbitrariness and the (...) cognitive complexity of signal users with an eye towards better evaluating one possible form of human-nonhuman communicative continuity. We show that each type of arbitrariness bears its own nuanced relationship to cognitive complexity, demonstrating the theoretical importance of keeping these two notions separate. (shrink)

Aggressive-sadistic personality disorder (SPD) involves derivation of pleasure from another's physical or emotional suffering, or from control and domination of others. Findings from a head-injured sample indicate that SPD traits are associated with neuropsychological deficits in executive function and language, suggesting difficulties in frontal-lobe-mediated self-regulation of aggressive and emotional impulses. Implications for rehabilitation of aggressive offenders are discussed.