"International and domestic laws commonly hold states responsible for their wrongdoings. States pay compensation for their unjust wars, and reparations for their historical wrongdoings. Some argue that states should incur punitive damages for their international crimes. But there is a troubling aspect to these practices: States are corporate agents, comprised of flesh and blood citizens. When the state uses the public purse to finance its corporate liabilities, the burden falls on these citizens, even if they protested against the state's policies, (...) did not know about them, or entirely lacked channels of political influence. How can this "distributive effect" of state-level responsibly be justified? The book develops an answer to this question, which revolves around citizens' participation in their state. It argues that citizenship can be a type of massive collective action, where citizens willingly orient themselves around the authority of their state, and where state policies are the product of this collective action. While most ordinary citizens are not to blame for their participation in their state, they nevertheless ought to accept a share of the remedial obligations that flow from their state's wrongful policies. However, the distributive effect cannot be justified in all states. Specifically, in non-democratic states most citizens are not participating in their state in the full sense, and should not pay for their state's wrongdoings. This finding calls then for a revision of the way we hold states responsible in both the domestic and international levels"--. (shrink)

The principle of wrongful benefits prescribes that beneficiaries from wrongdoing incur duties towards the victims of the wrongdoing. The principle focuses on involuntary beneficiaries, demanding that they disgorge their tainted benefit. However, it overlooks the duties of beneficiaries who are not straightforwardly involuntary. The article addresses this gap in the literature. It explores the duties of ‘voluntary beneficiaries’, who could avoid receiving the tainted benefit; and the duties of ‘welcoming beneficiaries’, who cannot avoid receiving the tainted benefit but welcome it. (...) The article demonstrates that in both cases, the duties of the beneficiary towards the victim of the original wrongdoing are not limited to the disgorgement of the benefit. Rather, voluntary and welcoming beneficiaries are themselves involved in the commission of wrongdoing against the victim of the original wrongdoing, and hence may owe the victim compensation that exceeds the level of their own benefit. This argument has various practical implications, e.g. in specifying the duties of companies who benefit from human rights violations down their supply chain. (shrink)

It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...) citizen an equal share of the costs. Proportional distribution is compatible with the principle of fairness. And yet, both in the literature and in political praxis we find many supporters for the equal sharing of the costs of unjust policies in democracies. How can equal distribution be defended on normative grounds? This article develops a defense that is grounded in citizens’ associative obligations. I argue that, at least in some democracies, one of the intrinsic values of the civic bond revolves around the joint formation and execution of worthy political goals. This social good generates the political associative obligation to accept an equal distribution of the costs of unjust policies. (shrink)

Le Discours contre le Discours « De Domnus » rend compte d’un triple débat, dans lequel trois personnages interviennent sur la question des « incorporels », point difficile de la doctrine stoïcienne. La polémique rédigée par le stoïcien Bardesane, en réaction aux positions du platonicien Albinus, a été examinée par Éphrem le Syrien, chrétien et polémiste antibardesanite. Il est l’auteur du Discours et notre seule source d’information sur cette controverse. Or, la manière dont Éphrem aborde la question litigieuse est spontanément (...) platonicienne, parfois proche du stoïcisme, mais fondamentalement, il s’agit d’une étonnante lecture théologique d’un thème qui fait débat entre les écoles philosophiques. (shrink)

In the present study, clinically depressed and non-depressed adults described the events that happened to them each day for two weeks, and these descriptions were content analys...

Bullying has damaging short-term and long-term consequences. Research suggests that perpetrators have low empathy and high moral disengagement, but relations between these variables are unclear and are rarely integrated in a single study. Thus, the objective of this study was to discover if empathy and moral disengagement mechanisms were related to bullying perpetration. This study was conducted with 904 Polish adolescents enrolled in 6 rural and urban upper secondary schools. High affective empathy predicted lower bullying perpetration. Moral-disengagement mechanisms such as (...) moral justification, euphemistic language, advanced comparison, and distorting consequences were uniquely related to increased bullying perpetration. Low affective empathy was also uniquely related to increased perpetration. These findings have important implication for school policy and practice. (shrink)

Philosophy &Public Affairs, Volume 46, Issue 4, Page 384-418, Fall 2018.

Celem artykułu jest przedstawienie wyzwań i trudności, jakie mogą pojawić się w procesie oceny przez komisje etyczne projektów badawczych bazujących na jakościowych technikach gromadzenia danych uzyskiwanych od osób świadczących różnego rodzaju usługi seksualne. Badania te zwykle podlegają ocenie komisji etycznych ze względu na ryzyko krzywdy dla uczestników, którzy postrzegani są jako szczególnie „podatni na zranienie”. Jednocześnie ze względu na stygmatyzację społeczną, jaka wiąże się ze świadczeniem usług seksualnych, zarówno badacze, jak i osoby uczestniczące w badaniu i wchodzące w skład komisji (...) etycznych mogą mieć swoje wyobrażenia i oczekiwania co do tego, jak powinny przebiegać etyczne badania w tym obszarze. Odwołując się do doświadczeń badaczek anglosaskich, omówię, jak te oczekiwania oraz wymagania komisji etycznych zderzają się, stawiając badaczy przed koniecznością spełniania rozbieżnych czy wręcz sprzecznych oczekiwań różnych aktorów społecznych. Zaproponuję także, w jakim kierunku mógłby zmienić się sposób działania rodzimych komisji etycznych, aby proces uzyskiwania ich aprobaty był bardziej demokratyczny i otwarty na zróżnicowane potrzeby tak badaczy, jak i osób uczestniczących w badaniach. (shrink)

This chapter investigates the moral status of agents who innocently benefit from the wrongdoing of others. We commonly think that perpetrators should not benefit from their wrongdoings. But sometimes wrongdoings benefit third parties. Clearest examples are historical wrongdoings, such as colonialism and slavery, which have long lasting effects to this very day, benefitting some while harming others. Recent attempts to identify those who should address such wrongdoings suggest that their beneficiaries, even though they have done not taken part in the (...) original wrongdoing, have duties to relinquish the wrongful benefit and/or to compensate the victim. If correct, this view has important practical implications for identifying who should address pressing moral challenges such as climate change, reparations for slavery and global poverty. The chapter explores the normative underpinnings of the ‘principle of wrongful benefits’, and some of the theoretical and practical challenges to it. (shrink)

The novel On the rocks o f Calvados is the first and the greatest achievement of Antoni Sygietyński’s art. The author of this article considered the work worthy of a special attention with regard to the way of presenting the problem of adultery. The writer gives the social explanation of infidelity not concentrating on the psychological side of this phenomenon. He emphasizes the decisive role of such social factors as: the origin, the model of education and the social milieu. From (...) his point of view they exert a great influence on the main heroine’s behaviour. The subject of the novel centres around the moral dilemmas of an individual more cultured than her fellow-citizens, who is forced to live in a primitive world. Sygietyński’s heroine, Berta – educated in a monastic school in Caen – experiences a painful disappointment after coming back to her family village. Her imagination, excited by the lecture of sentimental romances, lets her dream of an ideal, romantic love. She has high expectations of life. Unfortunately, the reality by no means resembles the literary world of stormy feelings and passions. Berta feels alienated in her own society as the lifestyle of its members conflicts definitely with her beliefs. It is worth noting that the writer shows a very striking picture of Grandcamp’s community. Its primitive and monotonous existence overwhelms the novel’s heroine. The marriage with a brutal, devoid of sensibility fisherman – Gabriel Orange – deepens much her loneliness. Small wonder then that the arrival of the French engineer to the sea-town arouses hope in Berta’s heart again. Armand de Coux seems to be an embodiment of all her yearnings. Berta Boudard commits adultery trusting that the lover will soon free her from such common and boring inhabitants of the fishermen’s village. On the Rocks o f Calvados is not the only work that points out the sociological aspect of a marital betrayal. Thus, this opinion encourages the reader to make further literary research. (shrink)

The aim of the article is to present ways in which gestures combine with the verbal layer of an utterance, thus reflecting embodied thinking and the rooting of abstract concepts in human bodily experience. The article discusses two different ways in which gestures, described in the literature as metaphoric, illustrate both linguistically expressed metaphors and abstract concepts that are not verbally expressed as metaphors. The data analyzed in this paper have been taken from speeches of politicians and other public figures.

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will (...) be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller ). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”. (shrink)

The 2007+ crisis led to an increase in occasional and task work, which unleashed the potential of new technological and organizational solutions. The advancements in digital technological platforms stimulated the growth of the segment referred to as gig economy. The article aims to apply a systematic approach to the driving forces behind the emergence of gig economy and its success to date and to assess its development prospects. It argues to confirm the thesis that gig economy has its own inherent (...) logic, while it remains part of the multi-stage process of the evolution of employee-employer relations, from the industrial stage to the digital era to platform-mediated work. Based on the analysis of the current world literature, the article posits that gig economy, as the next stage of development, has significantly reduced the quality of work, but it may also not meet the individual needs of the contemporary consumer. This increases the likelihood of the need for its change. The article also envisages the direction of this change towards post-platform economy based on distributed market spaces and provides the characteristics of its determinants, including social capital and a sense of individual entrepreneurship. The primary methods used in the study involved analysis and critique of the current world literature as well as the method of analysis and logical construction. (shrink)

In the present paper, I argue against the claim that ex aequo and bono adjudication cannot be epistemically objective. I start with a survey of legal rules allowing the parties to resort to ex aequo et bono adjudication. Next, I argue that decisions taken on ex aequo et bono basis are not subjective for three main reasons. First, they are analogous to decision making in hard cases. Second, theories of practical reasoning and hybrid expressivism provide a precise theoretical account of (...) the mechanisms at stake. Third, the context of adjudication provides substantial constraints on judicial tasks. (shrink)

The transformation of the modern world of work towards the information society, knowledge society, have a rapid course. These transformations take on a global character, and the most of their consequences are negative. One of them is to base the employment process on the flexible solutions. Nowadays, neither the high level of education, nor the high competences are not enough to give confidence in finding employment. The contemporary labour market is characterised by unstableness, ‘elusiveness’ and, above all, flexibility. The challenge (...) has become a flexible company, which employs only flexible workers within the framework of flexible forms of employment. Despite its universality, the concept of flexibility still remains inconsistent and vaguely defined. (shrink)

Towards the end of her seminal work on the notion of representation Hanna Pitkin makes the following observation:At the end of the Second World War and during the Nuremberg trials there was much speculation about the war guilt of the German people. [...] Many people might argue the responsibility of the German people even though a Nazi government was not representative. We might agree, however, that in the case of a representative government the responsibility would be more clear-cut.2As Pitkin suggests (...) in this quotation, there is a common underlying assumption, both in academic writings and in popular perceptions of democracy, that a people living under a democratic government is ultimately responsible for that .. (shrink)

Comme l’attestent les textes relatifs à la cosmologie de Bardesane, le monde est venu à l’existence à partir des esṭuksē / ītyē, qui correspondraient aux éléments primordiaux de la tradition philosophique grecque. Bien que la cosmologie de Bardesane soit déjà étudiée, les témoignages au sujet des esṭuksē / ītyē contiennent des contradictions difficiles à expliquer. Le présent article propose une nouvelle interprétation de la doctrine de Bardesane, fondée sur la comparaison avec la cosmologie d’Aristote. L’approche aristotélicienne du mouvement des éléments, (...) de leurs qualités et leurs actions réciproques, donne une meilleure compréhension des points obscurs de la doctrine bardesanite et permet de retrouver la cohérence de celle-ci. En outre, le débat engagé par Aristote avec les théories atomistes aide à comprendre la place des perdē – atomes – dans le système de Bardesane. (shrink)

I would first like to extend gratitude to Jinyu Sun, who has put together this symposium, and to all the contributors for their penetrating critiques. In my short response I cannot do justice to al...

The essay “Practising ‘cruel optimism’: Eight Months on Ghazzah Street by Hilary Mantel” delves into Mantel’s novel through the lens of Berlant’s concept of cruel optimism. Berlant’s construct, rooted in the pursuit of conventional notions of a fulfilling existence, highlights the protagonists’ endeavors in Saudi Arabia as a postcolonial adventure bound to end in disillusionment. Mantel’s portrayal of Frances Shore and her husband Andrew illuminates the tension between their aspirations for financial security and the disconcerting realities of cultural displacement and (...) legal constraints under Sharia law. The city’s architecture mirrors Frances’s sense of unease, resembling oppressive structures associated with fascist regimes. The portrayal of Jeddah’s construction environment, echoing totalitarian aesthetic reminiscent of fascist regimes, serves as a compelling allegory for Frances’s sense of entrapment within a society where her agency is circumscribed by gendered and legal strictures. Casting Frances as a contemporary iteration of the Gothic heroine ensnared within her domicile, Mantel explores the disjuncture between the alleged benevolence of religious doctrine and the punitive nature of its legal apparatus. Frances’s interrogation of this dissonance not only underscores the pervasive nature of cruel optimism but also hints at the inherently paradoxical nature of faith systems that simultaneously offer solace and impose constraints. Through its fluid engagement with concepts of cruel optimism, urbanity, and gender dynamics, the essay invites readers to contemplate the multifaceted interplay between individual aspiration and systemic coercion within the affluent and autocratic socio-cultural landscape. (shrink)

Certain measurement-related constructions impose a requirement that the measure function used track the part-whole structure of the domain of measurement, so that a given entity or eventuality must have a larger measurement in the chosen dimension than any of its salient proper parts. I provide evidence from English and Chinese that these constructions can be used to measure the intensity of mental states like hatred and love, indicating that in the natural language ontology of such states, intensity correlates with part-whole (...) structure. A natural language metaphysics of psychological intensity meeting this requirement is then developed and integrated into the semantics. Further complications arise when looking at attitudes like want, wish, and regret, which also permit measurements of intensity in the relevant constructions. To account for such attitudes, the ontology and semantics are then enriched in a way that integrates ordering and quantification over possible worlds into the part-whole structure of attitude states, so that even in these more complicated cases, the constructions at hand have a unified compositional semantics. (shrink)

In this paper I will tackle three issues. First, I aim to briefly outline the backbone of semantic minimalism, while focusing on the idea of ‘liberal truth conditions’ developed by Emma Borg in her book ‘Minimal Semantics’. Secondly, I will provide an account of the three principal views in legal interpretation: intentionalism, textualism and purposivism. All of them are based on a common denominator labelled by lawyers ‘literal meaning’. In the paper I suggest a novel way of viewing this common (...) denominator as almost identical to the Borgian ‘liberal truth conditions’, at least at a conceptual level. In the third section I will focus on the conceptual similarities between the two ideas. I intend to depict that, although legal theorists do not admit it explicitly, they treat literal legal meaning as minimal propositional content that can be ascribed liberal truth conditions. There are two main objections to liberal truth conditions: their under-determinacy and unintuitive character. Both objections can be applied to ‘literal meaning’. However, the idea of liberal truth conditions gives an adequate account of what lawyers call literal meaning and is helpful in explaining the mechanism of understanding of provisions and reasons leading to the necessity of statutory interpretation. (shrink)

I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) judgments of lying, after being presented with the state of the world, to be inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content she did not communicate. I performed a survey experiment on the Qualtrics platform. Participants were recruited through Amazon Mechanical Turk. I employed standard Likert scales and forced-choice questions. I found that: average lying judgments are similar in casual and courtroom contexts; motive to lie decreases trust ascription and increases lying judgment; judgments of lying are inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content they did not communicate. Perjury ascriptions are inconsistent. The Supreme Court’s worries expressed in the Bronston judgment are well founded. This article helps reforming jury instructions in perjury cases. (shrink)

This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the (...) question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making. (shrink)

The education is, no doubt, a fundamental question in Plato’s thought. The Republic, considerate by many people as his masterpiece, takes care of this aspect, not without directing it through a political obliquity. In the greek society that honoured, above all, the formation of free citizens, education and politics were necessarily together. Nevertheless, we want to punctuate how, to Plato, both of them are subordinate to the ontological question.

Nature is frequently operationalized as greenery or water to estimate the restorativeness of the environment. Pursuing a deeper understanding of the connection between representation of naturalness and its relationship with restoration, we conducted an experiment aimed to investigate if the sky is perceived as an element of nature. The main goal of this study was to understand how the composition of the environment guides people’s selection of sky as nature in an explicit task. Moreover, we investigated how the amount of (...) visible sky determines this relationship. One hundred five participants participated in a novel explicit judgment task conducted online. In this task, we prepared a set of images trimmed out of 360-degree high dynamic range images. The images were classified according to two primary independent variables representing type of environment and horizon level. Each participant was asked to select, by clicking on the image, what they consider as “nature.” In addition, they were asked to judge images on five visual analogue scales: emotional response, aesthetic preference, feeling of familiarity, the openness of the space and naturalness. For analysis, images were segmented into 11 semantic categories with each pixel being assigned one semantic label. Our results show that, sky is associated with selections of nature in a specific pattern. The relationship is dependent on the particular set of conditions that are present in the environment rather than the type of the environment. The availability of sky on the image affects the selection of other nature labels with selections more likely when only a small amount of sky was available. Furthermore, we found that the amount of sky had a significant positive association with the naturalness rating of the whole image, but the effect was small. Our results also indicate that subjective selections of sky predict the naturalness better than trees and water. On the other hand, objective presence of trees and water has a stronger positive association with naturalness while objective presence of sky is positively associated with naturalness. The results show that, relative to its availability sky is considered as nature. (shrink)

Cosmopolitan justice calls for extensive institutional transformations at the international level. But in the absence of a global enforcing authority, such transformations are bound to be hampered by a range of obstacles, including non-compliance and coordination problems. What solutions can a cosmopolitan thinker offer to address these challenges? In answering this question, the paper focuses on the role that international cooperation between the world?s democracies can play in promoting cosmopolitan aspirations. It argues that such cooperation has a crucial role to (...) play in executing global justice reforms; and furthermore, that the world?s democracies have a moral duty to lead the way in implementing cosmopolitan justice. The paper then suggests that a ?League of Democracies? ? an intergovernmental organization which is open exclusively to the world?s democracies ? could potentially facilitate the type of democratic cooperation that is necessary for cosmopolitan justice. (shrink)

_ Source: _Page Count 20 According to the fair play defense of political obligations citizens have a reciprocity-based duty to share the costs involved in the production of public goods. But sometimes, states produce collective goods through wrongdoing. For example, sometimes states’ wrongful immigration policies can contribute to the welfare of their own populations. Do citizens have duties of reciprocity in light of such wrongful benefits? I argue that the answer to this question is negative. Drawing on the observation that (...) beneficiaries of wrongdoing incur compensatory duties to the victims of that wrongdoing, I argue that, rather than having a duty of reciprocity for wrongful benefits, citizens have a duty to disgorge the benefits in compensation. Furthermore, the fair play defense of political obligations entails that citizens can be justified in disobeying the law in order to comply with their compensatory duties to victims of their state’s wrongdoing. (shrink)

Platão elabora uma censura aos mitos tradicionais em sua obra capital A República . Isso é necessário exatamente porque segundo seu modo de pensar esses mitos podem proporcionar consequências nefastas na educação dos jovens gregos que não têm ainda discernimento para entrar em contato com a maneira em que neles é exposto o comportamento de deuses e heróis. Quer dizer que o mito, secular, continua sempre atuando atualmente. Isso não acontece apenas no caso de Homero. Os mitos que o próprio (...) Platão reconta ou inventa em sua obra sofrem da mesma atualidade. Podemos experimentar ainda hoje a natureza desassossegada da alma humana tal como descrito no Fedro . Podemos perceber também a necessidade do cuidado a cada momento de cada gesto a partir do mito de Er, bem como igualmente a descrição do modo diferencial ou extraordinário de ser e viver do filósofo numa chamada “terra verdadeira” descrita no mito final do Fédon vem bem a calhar para ainda se entender hoje o modo de ser de um pensador. Queremos, nessa comunicação, expor justamente a atualidade dos mitos que Platão explora em sua obra. (shrink)