The war in the DRC has resulted in one of the world’s worst humanitarian crisis with over 3.4 million displaced persons scattered throughout the country. An estimated 4 million people have died as a result of the war. The most pressing need to be addressed is the question of justice and accountability for these human rights atrocities in order to achieve a durable peace in the country and also in the Great Lakes region. It is particularly true in post-conflict situations (...) where justice systems have been either partially or completely destroyed, that national courts are not capable of arriving at a uniform stance, or willing to provide justice for atrocities in the immediate future. As a result, international justice seems to be a crucial and last resort that must continue to be fortified against efforts to undermine it. However, even if the ICC achieves its full potential, it faces a number of challenges. Firstly, it is realistically not able to address all situations in which national courts are unwilling or unable to prosecute perpetrators. Secondly, there are temporal and other jurisdictional limitations on what cases the ICC can hear. Accordingly, the ICC will only have the power to try people accused of the gravest human rights violations committed after 1 July 2002; the date the Rome Statute which established the ICC took effect. As a result, only a small number of individuals responsible for the atrocities committed will be tried by this Court. Thirdly, is the establishment, of the Truth and Reconciliation Commission (TRC), one of the civilian institutions that emerged from the peace talks, meant to end impunity or to cover up gross violations of human rights committed in the DRC? It remains to be seen how it will function and interact with the courts. (shrink)

The paper offers a new account of the rule of law, revising my previous view, and criticising some alternatives. It focuses on the rule of law's aim to avoid arbitrary government, and on its relation to the essential functions of government. The rule of law requires that government action will manifest an intention to protect and advance the interests of the governed. As such it is almost a necessary condition for the law's ability to meet other moral demands, and it (...) facilitate coordination and cooperation internally and internationally. -/- . (shrink)

This book, first published in 1991, offers an integrative approach to the study of formal models in the social and behavioural sciences. The theory presented here unifies both the representation of the social environment and the equilibrium concept. The theory requires that all alternatives that are available to the players be specified in an explicit and detailed manner, and this specification is defined as a social 'situation'. A situation, therefore, not only consists of the alternatives currently available to the players, (...) but also includes the set of opportunities that might be induced by the players from their current environment. The theory requires that all recommended alternatives be both internally and externally stable; the recommendation cannot be self-defeating and, at the same time, should account for alternatives that were not recommended. In addition to unifying the representation and the solution concept, the theory also extends the social environments accommodated by current game theory. (shrink)

_Strategies of Deconstruction _ was first published in 1991. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. In the past two decades, the "movement" of deconstruction has bad tremendous impact on a number of academic, disciplines in the United States. However, its force has been rather limited in the field of philosophy, despite the fact that in Europe the practice of deconstruction emerged in (...) the work of philosophers. Although the reasons for this can be debated, two of the more obvious explanations are the mainstream Anglo-American philosophers rarely studied the German and French philosophical traditions in great detail, and deconstruction's focus on discourse and interpretation has made it more attractive to the literary and humanistic disciplines. With this context, _Strategies of Deconstruction _ focuses on the early work of Jacques Derrida, the French philosopher who introduced deconstruction in _Speech and Phenomena_,his study of Edmund Husserl, and _Of Grammatology_, and whose philosophical reputation stems in no small part from his work on Husserl. In examining the philosophical import of Derrida's theories of reading, text, and language, specifically as they related to _Speech and Phenomena_,J. Claude Evans makes careful reference to Husserl's own texts. His analysis indicates that there are many systematic irregularities in Derrida's study and that without those irregularities Derrida's conclusions cannot be substantiated. (shrink)

GRAF PAUL YORCK VON WARTENBURG I Origin of Contemporary Philosophy i . The Nineteenth Century a. the nature and growth of modern philosophy Modern ...

In Morals and Medicine a leading Protestant theologian comes to grips with the problems of conscience raised by new advances in medical science and technology. They arise as issues at the start or making of a life, in preserving its health, and in facing its death. They are the problems of Everyman: some are new problems of conscience, such as artificial insemination; some are old problems in new dimensions, such as euthanasia. Modern medicine provides such a high degree of control (...) over health and vital processes that men must inevitably shoulder the burden of intelligent decision, and shoulder it as rationally as possible. Thus far, only Roman Catholic moralists have worked out a coherent ethics of medical care. Morals and Medicine is a new and independent analysis of the morals of life and death, striking out along the line of the values of personality rather than of mere physiological life itself. It offers a modern and at the same time Christian concept of right and wrong for all who are involved: the patient, the doctor and nurse, the pastor, and the family and friends. Originally published in 1954. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Mergers and acquisitions can involve a significant review by antitrust authorities; however, neither the business strategy nor the corporate political strategy literature has fully explored the antitrust dimensions of merger activity. This article considers the ability of corporate political activity to influence antitrust policy by setting out some determinants of antitrust-review outcomes. The analysis consists of two main contentions: (a) Antitrust institutional independence plays a fundamental role in determining the effectiveness of corporate political activity, and (b) domestic mergers with international (...) competitive effects are more likely to receive positive antitrust reviews. (shrink)

Shaftesbury is widely regarded as an early champion of sentimentalism in ethics, yet no one appears to have succeeded at stating, in terms congenial to modern moral philosophy, a theory of ethics which can appropriately be ascribed to him. Two themes of his doctrine of fellow feeling, I argue, contain implicitly the two basic principles of his ethical system and the proper key to his sentimentalism. Shaftesbury is a sentimentalist in virtue of his attempt to discover a foundation for morality (...) through a study of human emotion, sentiment and desire, rather than by appeal to "reason's" demand for consistency and impartiality in practical choice. Without "natural affection"--sympathy, compassion and fellow concern--not only would humans lack sufficient motivational resources for the practice of altruism in their lives, but any attempt by moralists to rationally justify other-regarding and benevolent moral principles would necessarily be futile. I further clarify the nature of sentimentalism as it speaks to questions both of explanation and of justification by means of a comparison with parts of Thomas Nagel's argument in The Possibility of Altruism . Nagel's rationalist arguments against the feasibility of ethical sentimentalism are by no means conclusive; the sentimentalist account can shed light on important philosophical problems of morality which Nagel's view is ill-equipped to discuss. I then render my own modernized versions of various traditional objections to Shaftesbury's view, and, while acknowledging the presence of several serious problems for contemporary sentimentalism, I argue that the same type of approach which distinguished Shaftesbury from his predecessors and peers is still quite defensible within current moral theory and psychology of ethics. I believe I have achieved my two most significant objectives: to do something to loosen the grip of a certain widely accepted picture of ethics and morality which I take to be misguided--the view that moral principle must be seen to have "rational force" independent of the actual desires, emotions and attachments of human beings--and to get some contemporary handle on the ethical thought of this puzzling and neglected, though very influential, early British Moralist. (shrink)

The attitudes of physicians and drug manufacturers in the US toward patenting pharmaceuticals changed dramatically from the mid-nineteenth century to the mid-twentieth. Formerly, physicians and reputable manufacturers argued that pharmaceutical patents prioritized profit over the advancement of medical science. Reputable manufactures refused to patent their goods and most physicians shunned patented products. However, moving into the early twentieth century, physicians and drug manufacturers grew increasingly comfortable with the idea of pharmaceutical patents. In 1912, for example, the American Medical Association dropped (...) the prohibition on physicians holding medical patents. Shifts in wider patenting cultures therefore transformed the ethical sensibilities of physicians. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Untying Foucauldian Knots of Power/Knowledge and Tying Better Relationships with the Confucian PersuasionJoseph Harroff (bio)Reconsidering the Life of Power: Ritual, Body, and Art in Critical Theory and Chinese Philosophy. By James Garrison. Albany: SUNY Press, 2021.Life is a self-renewing process through action upon the environment.—Dewey, Democracy and Education (2)There is no pure self to be redeemed here, but perhaps some kind of rehabilitation beyond the problematic trappings of subject (...) life might be possible.—Garrison, Reconsidering the Life of Power (54)The problem of critiquing power by untangling and retangling ourselves more creatively and intelligently in webs of habit and flows of somaesthetic information and value-laden ethical-political imaginative horizons of futurity is taken up by James Garrison in Reconsidering the Life of Power: Ritual, Body and Art in Critical Theory and Chinese Philosophy (2021). By asking a series of ethically sustained and interculturally hermeneutically sensitive questions surrounding the critical problematic as to the conditions for the possibility of how "it is possible to use the sign chains of power to chain power," or how it is possible to "tie power up in its own knots" (p. 18), Garrison makes creative use of "subjectality theory" that foregrounds somaesthetic practices seeking to be in many ways recasting rather than simply reconsidering the life of power. It is through a methodological sounding of the depths of somaesthetic experience and a creative-critical inquiry into the ways in which the complex of social arts understood in the broadest possible conception, including at all ethical and political intersections, that this book enters into the domain of Confucian theorizing of persons as part of never-simply-located root-body-persons (shenti 身體)—that is, as offering a theory of relational persons that is simultaneously and intersectionally caught up in a manifold of social practices of aesthetic, ethical, political, and religious signification. It is by critically interrogating the historical a priori that condition the possibility for any specific knowledge-power discursive interpellation by drawing attention to the complex interplay and entanglement of forces and signification involved in tool-making and tool-using practices as a "sedimentation" (jidian 積澱) of [End Page 809] somaesthetic arts that straddle a polarity of natural-cultural form-functioning, that Garrison makes creative advances in pushing critical theory past a problematic pessimism and/or nihilism that stems from any brute recognition of the "skintight prison" houses we inhabit as a result of Foucauldian power knots.Using the idea of "sedimentation" to better articulate the complex strata of social experience as mediated by aesthetic culture Garrison draws heavily from Li Zehou. Li is suspicious of a Maoist model of conflating theory and practice, subject and object, especially when the treatment is part of a civic and political religiosity that renders the Great Helmsman a supreme leader and unilateral decision-maker in a Marxist-Leninist vanguard of the historico-teleological revolution. For Li, aesthetic sensibility is the "manifestation of the sedimentation of society in nature, and the sedimentation of humankind as a species in the individual."1 And moreover, the "animal structure and quality of psychology" is "transformed into something that has a human nature, in which sensation and rationality are dissolved and combined."2 This complex process of dissolution and combination is more like a Hegelian dialectic of spirit than it is a linear-totalitarian realization of Maoist voluntarism. However, this is what I want to begin challenging by asking what degree Garrison draws upon this aspect of Li. I would suggest that Maoist voluntarism can be read as part of a traditional Chinese philosophical problematic that prioritizes practice in order to realize the truth of nature (gongfu jishi benti 功夫即是本體).This way of approaching the Maoist dynamic of voluntarism seems much closer to the Expansive Learning 《大學》 dynamic of "from the King to the commoners, everyone takes self-cultivation as the root," but would avoid any problematic Maoist hubris regarding the limits, methods and confines of class "struggle." The post-linguistic turn and then return to a Deweyan process metaphysical and creatively democratic inquiry into experience to garner more intelligent methods for critiquing and cultivating embodied and relationally configured habits of perception, speech, and thought via the vocabulary of... (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection -- The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

The philosophy of physics literature contains conflicting claims on the heuristic significance of general covariance. Some authors maintain that Einstein's general relativity distinguishes itself from other theories in that it must be generally covariant, for example, while others argue that general covariance is a physically vacuous and trivial requirement applicable to virtually any theory. Moreover, when general covariance is invested with heuristic significance, that significance as a rule is assigned to so-called “active” general covariance, underwritten by the principle of background (...) independence, rather than to general covriance as Einstein understood it. While agreeing with the latter group of commentators that general covariance indeed carries heuristic significance, I argue that a background independent theory need not be generally covariant and that instead the Principle of Equivalence as Einstein understood it provides the key to understanding the heuristic power of general covariance as a “mathematical sieve” for determining the gravitational field law. However, heuristic significance accrues to general covariance only indirectly, by its encompassing the relativity of frames underwritten by Einstein's principle of equivalence. (shrink)

Thorstein Veblen is perhaps best thought of as America’s answer to Karl Marx. This is sometimes obscured by the rather unfortunate title of his most important work, The Theory of the Leisure Class (1899), which misleading, insofar as it suggests that the book is just a theory of the “leisure class.” What the book provides is in fact a perfectly general theory of class, not to mention property, economic development, and social evolution. It is, in other words, a system of (...) theory that rivals Marx’s historical materialism with respect to scope, generality and explanatory power. Furthermore, it is a system of theory whose central predictions, with respect to the development of capitalism and the possibilities for emancipatory social change, have proven to be essentially correct. When stacked up against Marx’s prognostications, this success clearly provides the basis for what might best be described as an invidious comparison. (shrink)

Confirms the importance of literature in Derrida’s development of a postmodern ethics.