Are we the Citizens of just one empirical world? Have all reminiscences to the transcendental become atavistic in the political domain? This article defends the lasting relevance of the kantian doctrine of analogy for the significance of both religion and politics in post-modern times. The symbolic representation of the indemonstrable concept of practical reason itself functions as well in politics as in religion in the manner of a typology of the law and a legislation, which must be understood as the (...) always indirect representation of the absolute good will. Only this idea avoids the empirical illusions of an imaginary self-sufficient political or religious authority. All authority based on the concept of God as legislator as far as a promulgator of the moral law, with its intrinsic character of obligation, is conceived as unavoidable for the finite reason. Therefore the execution of the king during the French revolution as a legal act in itself is inconceivable as far as it intended the abrogation of the representation of the instance of executive obligation as such. All political doctrines that would claim the installation of the moral kingdom of God on earth are equally chimerical. Since Kant only claims the idea of legislation of practical reason and the guarantee of the viability of morals in the empirical world when evoking God in practical philosophy and calling upon the historical Christian religion, his theological political doctrine goes beyond the ideological political and religious setting of his time and it remains on the contrary a valuable warning for actual political and religious terrorism. (shrink)

A Twofold Reign of Freedom. Politics and the Moral Symbolism of Religion according to Kant This article emphasises the importance of rational religion’s moral symbolism in Kant’s political philosophy. Although Kant discontinues the classical theologico-political doctrine in a republican way, the cohesion of religion and politics is re-introduced through the mediation of the moral laws of freedom. The moral law subdivides in the principles of justice and the ones of virtue. Both perspectives give rise to subsequent questions in which (...) essential categories of rational religion play a role. On the one hand reflection recognises an analogy between the republican political order of freedom and the religious kingdom of God; on the other hand, only religion offers the hopeful perspective to moral duty. Moreover, the compulsory character of the obligation of any law suggests an open perspective in right and morality which contradicts a mere constructivistic interpretation of Kant’s practical philosophy. (shrink)

Kant’s philosophy of science takes on sharp contour in terms of his interaction with the practicing life scientists of his day, particularly Johann Blumenbach and the latter’s student, Christoph Girtanner, who in 1796 attempted to synthesize the ideas of Kant and Blumenbach. Indeed, Kant’s engagement with the life sciences played a far more substantial role in his transcendental philosophy than has been recognized hitherto. The theory of epigenesis, especially in light of Kant’s famous analogy in the first Critique, posed crucial (...) questions regarding the ‘looseness of fit’ between the constitutive and the regulative in Kant’s theory of empirical law. A detailed examination of Kant’s struggle with epigenesis between 1784 and 1790 demonstrates his grave reservations about its hylozoist implications, leading to his even stronger insistence on the discrimination of constitutive from regulative uses of reason. The continuing relevance of these issues for Kant’s philosophy of science is clear from the work of Buchdahl and its contemporary reception. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Laws, & Gods: Magistrates & Ceremony in the Regulation of Public Lands in Republican RomeT. Corey BrennanGargola, D. J. Lands, Laws, & Gods: Magistrates & Ceremony in the Regulation of Public Lands in Republican Rome. Chapel Hill: University of North Carolina Press, 1995. x 1 270 pp. Cloth, $43.95. (Studies in the History of Greece and Rome)“Nothing could have contributed more to the safety, strength and (...) profit of the state.” Thus Niccolò Machiavelli (Disc. II 6), one of the first of a long line of moderns to expatiate on the phenomenon of Roman Republican colonization. The latest (at time of writing) is D. J. G[argola], with his learned Lands, Laws, & Gods, which has its origins in the author’s 1989 University of North Carolina dissertation. The book takes as its general subject not just Republican colonization but also another well-trod area of Roman public policy—the agrarian legislation that distributed state land and regulated its use—as well as the religious and technical aspects of Roman land definition.Can we really expect much new on these traditional topics? Perhaps not, [End Page 143] especially now that we have Dieter Flach’s Römische Agrargeschichte (Handbuch der Altertumswissenschaft 3.9, Munich 1990)—a masterly synthesis that G. oddly has missed. Yet G. independently manages to come up with a work of value. The bulk of G.’s book (chapters 2–7) consists of detailed reconstructions, especially from the evidence of Livy 21–45 (not much used by Flach), of how colonies were established, viritane plots assigned, and land sold or leased in the mid-Republic. Here G. has sifted through a small mountain of difficult evidence (and bibliography) of widely varying worth and succeeded in shaping a coherent narrative. He has a keen eye for technical and conventional language, and sound judgment on the limits of applying evidence from the various Gromatici (none of whom were writing much before the second century a.d.) to the Republican situation. In short, G. in these pages has crafted a reliable and readable English language work of reference on all sorts of res agrariae.The emphasis in chapters 2–7 is not so much on evolution in the administration of agrarian and colonial legislation—G. argues (somewhat provocatively) that there was not much development of institutions within this period—but on creating a composite picture of how things worked. G. realizes “the result is necessarily an idealized portrait,” in which the system appears more regular than it perhaps was (10–11). One additional trouble, however, is that this approach sometimes flattens potentially significant details. Take for instance the two commissions of colonial IIIviri created under a lex Aelia of late 194 (Liv. 34.53.1–2), one of which went on to found Copia (193), the other Valentia (192). Now, the reported terms of this law provided that the commissioners hold imperium—quite striking, though G. misses that detail—for three years (i.e., 193–91) to colonize the ‘ager Thurinus’ and the ‘Bruttii’ respectively. G. is over-optimistic in calling these territories “stable, long pacified regions” (63). If so, why the imperium? One possible explanation. The territorial parameters placed on each of these commissions (especially ‘the Bruttii’) were quite loose. Those IIIviri may have been expected to take wide-ranging measures to strengthen Roman control over dissidents in this area (cf. App. Hann. 61.252–53), even after they established their colonies. (Note that each of these commissions completed their ostensible tasks before their triennium expired.) If true, how many other colonial commissions were like these?It is only in chapters 8 and 9, where G. surveys agrarian programs from the Gracchi to the end of the Republic, that we see an attempt to show real development. The Gracchi in their agrarian legislation sought to achieve broader effects than any of their predecessors, argues G. in chapter 8, and so introduced agrarian laws that “ended the rigid separation of categories found in mid-Republican legislation” (176). Consider the lex Sempronia agraria of 133, which, in its final form, established IIIviri a(gris) i(udicandis) a(dsignandis) to settle coloni on public land taken from illegal possessores. In this law... (shrink)

Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past.

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia ’ based on a loose analogy with Newton’s three laws of classical mechanics. (...) First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes (e.g. they are ‘filled in’) because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome simply by using a ‘bridge ’ of neurons; and we offer a hypothesis about the relation between qualia and one’s sense of self. (shrink)

Orthodoxy has it that only metaphysically elite properties can be invoked in scientifically elite laws. We argue that this claim does not fit scientific practice. An examination of candidate scientifically elite laws like Newton’s F = ma reveals properties invoked that are irreversibly defined and thus metaphysically non-elite by the lights of the surrounding theory: Newtonian acceleration is irreversibly defined as the second derivative of position, and Newtonian resultant force is irreversibly defined as the sum of the component (...) forces. We think that scientists are happy to invoke metaphysically non-elite properties in scientifically elite laws for reasons of convenience, such as to simplify the equations and to make them more modular. On this basis, we draw a deflationary moral about laws themselves, as being merely convenient summaries. 1 Introduction2 Orthodoxy2.1 Orthodoxy stated2.2 Orthodoxy explained2.3 A worrisome commitment: Term objectivism3 The Loose View3.1 The argument from practice3.2 Finding the scientifically elite equations3.3 Diagnosing the metaphysically non-elite properties3.4 Situating our challenge4 Newtonian Mechanics4.1 Newtonian acceleration4.2 Newtonian resultant force4.3 A metaphysical discovery?5 Objections5.1 Metaphysically elite after all?5.2 Scientifically non-elite after all?5.3 But our world is not Newtonian!6 Consequences6.1 Consequences for the motivations for link6.2 Consequences for metaphysically elite properties6.3 Consequences for lawhood. (shrink)

This essay disputes one of the central claims in Jeremy Waldron?s God, Locke, and Equality (2002), that being the claim that Locke?s arguments about species in An Essay Concerning Human Understanding undercut his assertions about the equality of the human species as a matter of natural law in Two Treatises of Government. It argues, firstly, and pace Waldron, that Locke?s view of natural law is foundational to his view of man, not vice versa, and, secondly, that Two Treatises is written (...) in an idiom different from Locke?s philosophical writings, such that directly transposing the ideas discussed in one idiom to the other is as confused as it is confusing. After providing a new account of the relationship between Locke?s philosophy and his views of morality, politics and religion, the essay concludes that Waldron fails to grasp the style and structure of Locke?s thinking, and so cumulatively misunderstands and distorts Locke?s views about moral identity, toleration, religion and politics alike. (shrink)

This paper is a critique of Richard Dawkins’ “argument from improbability” against the existence of God. This argument, which forms the core of Dawkins’ book The God Delusion, provides an interesting example of the use of scientific ideas in arguments about religion. Here I raise three objections: (1) The argument is inapplicable to philosophical conceptions of God that reduce most of God’s complexity to that of the physical universe. (2) The argument depends on a way of estimating probabilities that fails (...) for the probability of an entity that creates natural laws. (3) The argument supposes that complexity arises from past physical causes; however, some forms of complexity known to mathematics and logic do not arise in this way. After stating these three criticisms, I show that some of these same considerations undermine Dawkins’ critique of agnosticism. I close the paper with some remarks on Dawkins’ conception of God. (shrink)

Ernest Mandel theorised the capitalist world economy as an articulated system of capitalist, semi-capitalist and precapitalist relations of production, linked to each other by capitalist relations of exchange and domination by the capitalist world market. This seems to be an interesting starting point for an historically well-founded theory, building on and going beyond Marx's work, of the worldwide expansion of the capitalist mode of production from its origins to the present. In his attempt to formulate his theory, Mandel did not (...) succeed in resolving all difficulties, however. His main works – Marxist Economic Theory and Late Capitalism – show a number of dangling loose ends. The central question is whether these loose ends are merely technical difficulties or whether they reveal fatal flaws in the theory as a whole. In order to come a step closer to answering this question, a conference was organised in Amsterdam, November 2003. This introduction formulates the five, closely interrelated issues that were highlighted at this conference. (shrink)

Die Analyse eines sozialpsychologischen Gesetzes dient zur Erläuterung gewisser Begriffe wie looseness und Überprüfbarkeit, wie sie auf statistische Quasigesetze anwendbar sind. Vor dem Hintergrund dieser Analyse wird der Standpunkt diskutiert, daß die sozialwissenschaftlichen Gesetze von anderer Art smd als die naturwissenschaftlichen. Die Untersuchung zeigt die Schwierigkeit auf, eine Theorie von der grundsätzlichen Verschiedenheit von Sozial- und Naturwissenschaften auf tatsächlich vorkommende wissenschaftliche Fraeen anzuwenden.

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of Seville (...) in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human rights advocacy is (...) not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant beggars (...) and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might one day (...) replace judges with algorithms, no matter how fair, transparent, and intelligible they become. The aim of this paper is to propose an account of the source of that unease, and to evaluate its plausibility. I trace foundational unease with algorithmic decision-making in the law to the powerful intuition that there is a basic moral and legal difference between showing that something is true of many people just like you and showing that it is true of you. Human judgment attends to the exception; automation insists on blindly applying the rule. I show how this intuitive thought is connected to both epistemological arguments about the value of statistical evidence, as well as to court-centered conceptions of the rule of law. Unease with algorithmic decision-making in the law thus draws on an intuitive principle that underpins a disparate range of views in legal philosophy. This suggests the principle is deeply ingrained. Nonetheless, I argue that the powerful intuition is not as decisive as it may seem, and indeed runs into significant epistemological and normative challenges. At an epistemological level, I show how concerns about statistical evidence's ability to track the truth can be resolved by adopting a probabilistic, rather than modal, conception of truth-tracking. At a normative level, commitment to highly individualized decision-making co-exists with equally ingrained and competing principles, such as consistent application of law. This suggests that the “rule of law” may not identify a discrete set of institutional arrangements, as proponents of a court-centric conception would have it, but rather a more loosely defined set of values that could potentially be operationalized in multiple ways, including through some level of algorithmic adjudication. Although the prospect of replacing judges with algorithms is indeed unsettling, it does not necessarily entail unreasonable verdicts or an attack on the rule of law. (shrink)

Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim that the (...) International Humanitarian Law may not apply to the new phenomena just because it is caused by the advanced technology. Even if the Geneva Conventions of 1949 are already sixty years old, the International Humanitarian Law in itself has at minimum customary response mechanism, granting, in a spirit of Marten’s clause, protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience (Protocol I). Notwithstanding, some more complicated fundamental issues also have to be addressed: how the use of cybernetic weapons and means may affect the classic notion of armed conflict? How it can be interpreted in the light of new technologies, i.e. can we still rely on a classic understanding of weapon’s kinetic effect as the main element, or shall we embrace effectsbased “Schmitt’s criteria”. If it so happens, will it make an act without apparent damage to a person/property equal to military hostilities, required by the armed conflict notion and justify the real-life response to it. The effective or overall control tests were used for the attribution of non-state actor’s activity to the state party of an armed conflict but these tests might not meet its purpose in the virtual battlefield of loose networks and open-source communities. If the concept of armed conflict is treated more flexibly, other changes (including issues of attribution) may follow, as well. Perhaps this is the way how the combatant institute will evolve. With classic combatant’s criteria impossible to apply on virtual battlefields, one of the options would be to elaborate concepts of “constant combat function” and “direct participation in hostilities” more precisely, as well as to reconsider state’s affiliation requirements. (shrink)

This article presents and argues for modal structuralism, which is loosely derived from a position described by Wilfrid Sellars. Modal structuralism holds that a fundamental property is identified by the role it plays in the structure of possibilities. It implies necessitarianism about laws, which holds that at least some laws of nature are metaphysically necessary. The argument for these positions derives from the following assumptions: the principle of the identity of indiscernible properties and a modest antiquidditism. These assumptions (...) are weaker than those of causal structuralism, which is a closely related view. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to (...) the science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

There are two contrasting paradigms for dealing with terrorists: war and law enforcement. In this paper, I first discuss how the just war theory assesses the military response to the 9/11 terrorist attacks on the United States. I argue that the ethical problems with the U.S. attack on Afghanistan in response to 9/11 concern principles of jus ad bellum besides just cause. I show that the principles of right intention, last resort, proportionality and likelihood of success were violated. Furthermore, both (...) jus in bello principles of proportionality and discrimination were not satisfied in targeting terrorists in places where civilians not linked to them live. The law enforcement that takes place in liberal democracies is fully respectful and protective of innocent lives. Crime is dealt with by apprehending lawbreakers and putting them on trial if possible, and by keeping criminal elements on the loose away from potential victims. Good law enforcement also includes acting to remove causes of crime. I examine how this model applies to the problem of terrorism and address objections concerning the impossibility ofeliminating terrorism, the slowness of success, and the possibility that there are “nut cases” who hate America no matter what. (shrink)

Copyright gives creators a monopoly on most uses of their work throughout their lives and for seventy years post mortem. Copyfraud, in Mazzone's striking but far from unjustified usage, is a claim of ownership made by institutions and individuals that do not possess it. To discover how prevalent such frauds are (and the degree to which they constrain and contort writers, musicians, filmmakers, and others) is truly amazing. Mazzone deals only with the US, but though the precise contours of copyright (...) are slightly different in the UK and the EU, the same kinds of overreach arise more or less everywhere nowadays. Who are the perpetrators? Museums that claim copyright in images of works that they own or hold but that are in the public domain; picture libraries that charge license fees for out-of-copyright works; publishers who make false assertions of copyright in government publications, even in law school editions of the US Constitution; media corporations that claim to be able to license excerpts of works that they own despite the provisions of the (admittedly vague) “fair use” clause in long-established copyright laws; and the heirs and estates of writers who claim control of all uses made of the published and unpublished words of their fathers, aunts, and so forth. Publishers collude in this now rampant abuse of public access to cultural goods by insisting that authors of fiction and nonfiction works undertake to clear copyright to material borrowed from sources, a laborious process for which most writers are ill equipped. The result is that key evidence in scholarly work is often simply left out. In documentary film, the effects of copyfraud can be seen only in those films that are not made: the industry convention—“when in doubt, obtain a license”—makes many subjects financially and practically unviable.This book should have been a wake-up call, when it appeared a decade ago, for all involved in what is now called “cultural production” to reassert their rights, and the rights of the public, to free access to material that is not and never will be privately owned. Alas, Mazzone's detailed chapters on what ought to be done next have remained dead letters. It is time to reread them and to heave the ball back down the false mountain of improper claims of ownership made by corporations and individuals who know what they are doing and know they can get away with it. This laudably clear, direct, and readable book brings to mind an old English rhyme that remains as relevant today as it ever was: The law doth punish man or woman / That steals the goose from off the common / But lets the greater felon loose / Who steals the common from the goose. (shrink)

Abstract:This short article proposes a conceptual structure for “neurolaw,” modeled loosely on the bipartite division of the sister field of neuroethics by Adina Roskies into the “ethics of neuroscience” and the “neuroscience of ethics.” As normative fields addressing the implications of scientific discoveries and expanding technological capacities affecting the brain, “neurolaw” and neuroethics have followed parallel paths. Similar foundational questions arise for both about the validity and utility of recognizing them as distinct subfields of law and ethics, respectively. In both, (...) a useful distinction can be drawn between a self-reflexive inquiry (the neuroscience of ethics and law) and an inquiry into the development and use of brain science and technologies (the ethics and law of neuroscience). In both fields, these two forms of inquiry interact in interesting ways. In addition to a proposed conceptual structure for neurolaw, the article also addresses the neurolegal versions of the critiques made against neuroethics, including charges of reductionism, fact/value confusion, and biological essentialism. (shrink)

Scholars loosely affiliated with the “Cambridge School” (e.g., Pocock, Skinner, Viroli, and Pettit) accentuate rule of law, common good, class equilibrium, and non-domination in Machiavelli's political thought and republicanism generally but underestimate the Florentine's preference for class conflict and ignore his insistence on elite accountability. The author argues that they obscure the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic. The prescriptive lessons these scholars draw from republicanism for (...) contemporary politics reinforce rather than reform the “senatorial,” electorally based, and socioeconomically agnostic republican model (devised by Machiavelli's aristocratic interlocutor, Guicciardini, and refined by Montesquieu and Madison) that permits common citizens to acclaim but not determine government policies. Cambridge School textual interpretations and practical proposals have little connection with Machiavelli's “tribunate,” class-specific model of popular government elaborated in The Discourses, one that relies on extra-electoral accountability techniques and embraces deliberative popular assemblies. (shrink)

This paper concerns anti-Humean intuitions about connections in nature. It argues for the existence of a de re link that is not necessity.Some anti-Humeans tacitly assume that metaphysical necessity can be used for all sorts of anti-Humean desires. Metaphysical necessity is thought to stick together whatever would be loose and separate in a Hume world, as if it were a kind of universal superglue.I argue that this is not feasible. Metaphysical necessity might connect synchronically co-existent properties—kinds and their essential (...) features, for example—but it is difficult to see how it could also serve as the binding force for successions of events. That is, metaphysical necessity seems not to be fit for diachronic, causal affairs in which causal laws, causation, or dispositions are involved. A different anti-Humean connection in nature has to do that job.My arguments focus mainly on a debate which has been the battleground for Humean vs. anti-Humean intuitions for many decades—namely, the analysis of dispositional predicates—yet I believe (but do not argue here) that the arguments generalise to causation and causal laws straightforwardly. (shrink)

De minimis defenses are an understudied aspect of law, appearing in legal practice more often than in legal theory but rarely garnering any type of extensive analysis in either. This has led to an unfortunate state of affairs in which one term is applied to a set of practices that are, at best, only loosely connected. Using Paul Robinson’s system of defense types, this paper will illustrate the various roles and functions the de minimis defense plays in our legal system. (...) In doing so, it will highlight the dangers of viewing the defense as monolithic and suggest that our terminology surrounding de minimis ought to be revised due to the differing justifications that support the application of each de minimis type. (shrink)

In this article, I argue that Aristotle, a universal philosopher who analysed both natural and social worlds, suggested a groundwork for a theory of justice, which is a fertile soil for a broader social perspective. Such categories as the social order, free will, law, policy choices, and the state are naturally flowing from his brief passage on justice in his Nichomachean Ethics. I assert that all of them are phenomena of turbulent social mechanics. Therefore, in this paper I introduce Aristotle’s (...) contribution to the mainstream theory of justice and then, loosely relying on the works of Aristotle and Newton, I develop a theory of justice in the context of social mechanics. I conclude that the concept of justice is essentially the same as Newton’s third law of mechanics. For this purpose, I employ interdisciplinary and functional approaches, textual and conceptual analysis,and the method of deduction. (shrink)

The postwar era saw a remarkable transformation of international law, from a loose arrangement of agreements designed to reduce collective action problems to a normative commitment to the inherent dignity of the individual person. Seyla Benhabib’s new book shows the extent to which this transformation was a matter of deeply personal experiences. Understanding this dialectic between the personal and the universal is crucial for understanding not just the genesis of contemporary normative international law, but also its prospects for survival. (...) This article focuses on Benhabib’s adoption of the process of jurisgenesis as an exemplary form of this dialectic, ending with a critical reading of Hannah Arendt’s attempt to contribute to this process. (shrink)

New natural law advocates are somewhat notorious for their loose action theory, having a track record of counterintuitive claims. In response to criticisms, advocates have entrenched, further defending their questionable action theory. This paper first rehearses the basic criticism against the new natural law action theory. It then examines four recent attempts to revive this action theory and finds these attempts wanting. Within these attempts, certain patterns arise. Given a certain means A to a goal C, a search is (...) made to determine whether any middle means B is implied by A. The standards of this search vary wildly, however. By some standards, a middle means can be found; by others, every middle means can be easily swept aside. The same author will sometimes use both kinds of standards, depending upon the situation. One great weakness of the action theory, then, is a lack of consistency in applying a universal standard. (shrink)

A consideration of the concept of repentance both theologically and in law. Penance generally refers to repentance or contrition for sin. It refers, more particularly in the Orthodox and Roman Catholic traditions, to a sacrament, or an outward sign of an inward grace. In these traditions, the authority for regarding penance a sacrament is scriptural: “As the Father hath sent me, I also send you. When He had said this, He breathed on them; and He said to them: Receive ye (...) the Holy Ghost. Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained” (John 20:21–23). In both traditions this is ordinarily interpreted as Christ's grant of power to the apostles in keeping with his own acts of explicitly forgiving sin (Matthew 9:2–8; Luke 5:20, 7:47; Revelation 1:5). St. Augustine affirms that the church has the power to “forgive all sins” and urges the faithful to reject those who would deny it. St. Ambrose rejects the Novatianists, who believe the power to forgive sin lies with Christ alone, with the observation that “the Church obeys Him in both respects, by binding sin and by loosing it; for the Lord willed that for both the power should be equal” (De Poenitentiae, I, ii,6). (shrink)

This paper is my commentary on Raymond Tallis’ book Freedom: An Impossible Reality (2021). Tallis argues that the laws described by science are dependent on human agency which extracts them from nature. Consequently, human agency cannot be explained as an effect of natural laws. I agree with Tallis’ main argument and I appreciate that he helps us understand the systematic importance of a human-scale breadth of view regarding any theoretical investigation. In the main part of the paper, I (...) critically comment on Tallis’ interpretation of several more loosely associated topics from a phenomenological perspective. Firstly, I reconsider Tallis’ account of intentionality as a factor that opens a distance between the cognizer and the world. Whereas Tallis emphasizes that agency requisitions aspects of the world to achieve its goals, I point out that agency does not determine the meaning of things unidirectionally and independently of all context. A self-controlled agency is provisionally reached through a process of ‘deindexicalization’ of our passive intentional capacities, that is, by creating and maintaining new, different worldly contexts. Subsequently, I analyze Tallis’ description of our intentional relation to spatiotemporally distant possibilities. In my view, Tallis underestimates the extent to which our intentional relation to possibilities is pre-reflexive and pre-predicative and hence independent of propositional attitudes. Finally, I consider Tallis’ interpretation of nature and show that it is deeply influenced by the sciences of nature. In contrast, I argue that agency can be properly described only if we understand it as an intervention in a lifeworld already imbued with sense, not merely a physical or material nature. (shrink)

As its subtitle indicates, Democracy’s Discontent is a study of the political philosophies that have guided America’s public life. The “search” Michael Sandel describes has, in his view, temporarily come to a disappointing resolution in America’s acceptance of a liberal “public philosophy” that “cannot secure the liberty it promises” and has left Americans “discontented” with their “loss of self-government and the erosion of community”. This theme is unlikely to surprise readers familiar with Sandel’s earlier work. What may surprise them is (...) how little of Sandel’s second book is devoted to his critique of liberal theory or to his defense of his favored “republican” alternative. Far less than 10 percent of the book is devoted to characterizing liberal and republican political philosophy and to argument concerning their relative theoretical virtues. The body of Democracy’s Discontent is a history of American Constitutional law and political/economic debate, from pre-Revolutionary times to the Clinton presidency, all designed to show that the republican vision that has animated so much of that history has been recently abandoned to our detriment, replaced by a liberal public philosophy whose dramatic failure in practice “recapitulates” its “poverty in theory”. Sandel’s history is lively and engaging, and many of his analyses are insightful and persuasive. But the looseness in his treatment of theory regularly infects the conclusions he draws from this history and undermines his efforts to show that American political practice indicts liberal political philosophy. (shrink)

I defend what may loosely be called an eliminativist account of causation by showing how several of the main features of causation, namely asymmetry, transitivity, and necessitation, arise from the combination of fundamental dynamical laws and a special constraint on the macroscopic structure of matter in the past. At the microscopic level, the causal features of necessitation and transitivity are grounded, but not the asymmetry. At the coarse-grained level of the macroscopic physics, the causal asymmetry is grounded, but not (...) the necessitation or transitivity. Thus, at no single level of description does the physics justify the conditions that are taken to be constitutive of causation. Nevertheless, if we mix our reasoning about the microscopic and macroscopic descriptions, the structure provided by the dynamics and special initial conditions can justify the folk concept of causation to a significant extent. I explain why our causal concept works so well even though at bottom it is comprised of a patchwork of principles that don't mesh well. (shrink)

Is the world internally connected by a web of necessary connections or is everything loose and independent? Followers of David Hume accept the latter by upholding Hume’s Dictum, according to which there are no necessary connections between distinct existences. Roughly put, anything can coexist with anything else, and anything can fail to coexist with anything else. Hume put it like this: “There is no object which implies the existence of any other if we consider these objects in themselves.” Since (...) Hume’s day, Hume’s Dictum has played a major role in philosophy, especially in contemporary metaphysics. In ruling out necessary connections, Hume’s Dictum implies that causal relations and the laws of nature are contingent. It makes other demands on our metaphysics of science as well; for example, it places restrictions on our metaphysics of counterfactuals, dispositions, and explanation. The principle has applications in other areas too. Hume’s Dictum places constraints on our theories of abstract objects and moral properties. For example, Hume’s Dictum rules out the view that moral properties are distinct from, but necessarily connected to, non-moral properties. While Hume’s Dictum is a prominent principle in metaphysics, few Humeans have defended the principle at length. It is assumed more often than it is argued for. As a result, Hume’s Dictum no longer enjoys the reputation it once did. It’s common to hear complaints about the lack of arguments in support of Hume’s Dictum. Moreover, philosophers are increasingly willing to defend views that are at odds with Hume’s Dictum. A striking example of this is the recent explosion of interest in views that take causal relations and the laws of nature to be necessary. Humeans can no longer afford to be complacent. An extended defense of Hume’s Dictum is called for, and that’s what this dissertation aims to offer. This dissertation has three parts. In the first part, I lay out some preliminaries and offer a precise formulation of Hume’s Dictum. In the second part, I develop three arguments in favor of Hume’s Dictum. In the final part, I defend Hume’s Dictum against objections. (shrink)

I began this study with Laudan's argument from the pessimistic induction and I promised to show that the caloric theory of heat cannot be used to support the premisses of the meta-induction on past scientific theories. I tried to show that the laws of experimental calorimetry, adiabatic change and Carnot's theory of the motive power of heat were independent of the assumption that heat is a material substance, approximately true, deducible and accounted for within thermodynamics.I stressed that results and (...) were known to most theorists of the caloric theory and that result was put forward by the founders of the new thermodynamics. In other words, the truth-content of the caloric theory was located, selected carefully, and preserved by the founders of thermodynamics.However, the reader might think that even if I have succeeded in showing that laudan is wrong about the caloric theory, I have not shown how the strategy followed in this paper can be generalised against the pessimistic meta-induction. I think that the general strategy against Laudan's argument suggested in this paper is this: the empirical success of a mature scientific theory suggests that there are respects and degrees in which this theory is true. The difficulty for — and and real challenge to — philosophers of science is to suggest ways in which this truth-content can be located and shown to be preserved — if at all — to subsequent theories. In particular, the empirical success of a theory does not, automatically, suggest that all theoretical terms of the theory refer. On the contrary, judgments of referential success depend on which theoretical claims are well-supported by the evidence. This is a matter of specific investigation. Generally, one would expect that claims about theoretical entities which are not strongly supported by the evidence or turn out to be independent of the evidence at hand, are not compelling. For simply, if the evidence does not make it likely that our beliefs about putative theoretical entities are approximately correct, a belief in those entities would be ill-founded and unjustified. Theoretical extrapolations in science are indespensable, but they are not arbitrary. If the evidence does not warrant them I do not see why someone should commit herself to them. In a sense, the problem with empricist philisophers is not that they demand that theoretical beliefs must be warranted by evidence. Rather, it is that they claim that no evidence can warrant theorretical beliefs. A realist philosopher of science would not disagree on the first, but she has good grounds to deny the second.I argued that claims about theoretical entities which are not strongly supported by the evidence must not be taken as belief-worthy. But can one sustaon the more ambitious view that loosely supported parts of a theory tend to be just those that include non-referring terms? There is an obvious excess risk in such a generalisation. For there are well-known cases in which a theoretical claim was initially weakly supported by the evidence. (shrink)

I defend what may loosely be called an eliminativist account of causation by showing how several of the main features of causation, namely asymmetry, transitivity, and necessitation, arise from the combination of fundamental dynamical laws and a special constraint on the macroscopic structure of matter in the past. At the microscopic level, the causal features of necessitation and transitivity are grounded, but not the asymmetry. At the coarse-grained level of the macroscopic physics, the causal asymmetry is grounded, but not (...) the necessitation or transitivity. Thus, at no single level of description does the physics justify the conditions that are taken to be constitutive of causation. Nevertheless, if we mix our reasoning about the microscopic and macroscopic descriptions, the structure provided by the dynamics and special initial conditions can justify the folk concept of causation to a significant extent. I explain why our causal concept works so well even though at bottom it is comprised of a patchwork of principles that don't mesh well. (shrink)

As philosophers from Jacques Derrida, to Gilles Deleuze and Félix Guattari, to Alain Badiou have shown, the concept of border entails a logic of exclusion that sustains itself on an empty place. In the absence of this empty place, what does the contemporary experience of being ‘without boundaries’ imply mathematically? This paper suggests that if the Anthropocene confirms Deleuze and Guattari's insight that the older, ‘castrative’ logic of the border-cut is extinct, this does not require us to abandon the categories (...) that traditionally inscribed us as subjects altogether. Rather, it helps us to understand how the Symbolic Law is being logically inscribed. One often talks loosely about the ‘perversity’ of the Law, but this analysis of three parables of climate change enables us to pinpoint more precisely the structure of how the Law presents today. It suggests that to try to ‘diagnose’ the contemporary experience of the Law, we should look not to perversion but to the ‘prime zero’ of a specifically ‘feminine’ psychosis. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Origins and Evolution of Bioethics: Some Personal ReflectionsEdmund D. Pellegrino (bio)AbstractBioethics was officially baptized in 1972, but its birth took place a decade or so before that date. Since its birth, what is known today as bioethics has undergone a complex conceptual metamorphosis. This essay loosely divides that metamorphosis into three stages: an educational, an ethical, and a global stage. In the educational era, bioethics focused on a (...) perceived “dehumanization” of medicine by the rising power of science and technology. Remedies were sought by introducing humanities, ethics, and human “values” into the medical curriculum. Ethics was one among the humanistic disciplines, but not the dominant one. In the second era, ethics assumed a dominant role as ever more complex dilemmas emerged from the rapid pace of biological research. As such dilemmas were applied to medical practice, the need for a more rigorous and more formal analysis of their moral status was clear. Philosophically-trained ethicists had an obvious role. They began to teach, write, and profoundly influence medical education and practice. In the third—and present—period, the breadth of problems has become so broad that ethicists must, themselves, draw on disciplines well beyond their expertise—e.g., law, religion, anthropology, economics, political science, psychology, and the like. The era of bioethics as a global enterprise is upon us. The original hope for humanizing medicine has not been overtly successful; however, much has been accomplished of value to patients, the profession, and society. Medical morality has been transformed into a formal, systematic study of a whole range of issues of the greatest significance to humanity. Now the major challenge is one of identity, or inter-relationships and connections between the theoretical and the practical. Bioethics has outgrown its beginnings.I have been invited to give a “personal recollection” of the early development of bioethics. Such invitations are notoriously hard to resist, but also problematic when they are the recollections of a participant [End Page 73] in the events to be described. We need only be reminded of the vagaries common to the plethora of memoirs on the book stands today. Few have escaped the perils of selective memory, self-promotion, or the settling of old scores. Yet their perils notwithstanding, memoirs may serve some useful purpose. They are the raw material—verbal kitchen middens so to speak—out of which historians can later sift fact from fancy. They enable “tribal elders” to give witness to the past from which the present can fashion some sense of continuity.I will organize my reflections around three very arbitrary time periods that represent my own way of thinking about the evolution of bioethics: (1) an era of “proto-bioethics” (1960–1972), (2) an era of philosophical bioethics (1972–1985), and (3) an era of global bioethics (1985-present). Each era, of course, overlaps with the others, and the dominant strand of each runs through the others as well.In the proto-bioethics period, the language of human values predominated; in the era of bioethics philosophically construed, it was the language of philosophical ethics; and in the era of bioethics globally construed, the social and behavioral sciences have gained greater prominence. In each period, interest in the traditional humanities other than philosophy waxed and waned. In the earlier years, religion and theology predominated. Beginning in the 1970s, philosophy took a dominant role. In the last two decades, other disciplines, like law, literature, and the social sciences, have exerted more and more influence (McNeur 1963; Pellegrino 1997; Barker 1987).I make no pretense here of writing any part of the formal “history” of bioethics. Works of this nature are beginning to appear (Rothman 1991; Jonsen 1998 ; Dell’Oro and Viafora 1996). Thomas McElhinney and I are preparing our own account of the work and influence of the Institute on Human Values in Medicine, one of the influential programs of the Society for Health and Human Values (Pellegrino and McElhinney, n.d.). Space limitations as well as prudence preclude any attempt to do justice to all the events, institutions, and people who have made the field of bioethics what it is today. I apologize for these omissions, for any unintentional lapses of... (shrink)

In much recent work, invariance under intervention has become a hallmark of the correctness of a causal-law claim. Despite its importance this thesis generally is either simply assumed or is supported by very general arguments with heavy reliance on examples, and crucial notions involved are characterized only loosely. Yet for both philosophical analysis and practicing science, it is important to get clear about whether invariance under intervention is or is not necessary or sufficient for which kinds of causal claims. Furthermore, (...) we need to know what counts as an intervention and what invariance is. In this paper I offer explicit definitions of two different kinds for the notions intervention, invariance, and causal correctness. Then, given some natural and relatively uncontroversial assumptions, I prove two distinct sets of theorems showing that invariance is indeed a mark of causality when the concepts are appropriately interpreted. (shrink)

The article presents the ethical conceptions of Czesław Znamierowski, a prominent Polish moral philosopher, professor of general theory of law of University of Poznań. The task of reconstructing Znamierowski’s ideas is rather difficult: his works concerning ethical problems are written with a looseness much unlike thee cautious and priggish style of works presenting the philosophical systems. Moreover, in the course of time his opinions changed in several points.

Our model of time is the classical continuum of real numbers, and our model of other measurable quantities that change over time is that of functions defined on real numbers with real numbers as values. This model is not derived from reality or from our experience of it, but imposed on reality; and the fit is very imperfect. In classical mathematics, the value of a function for any real number as argument is independent of its value for any other argument: (...) the analogue is Hume's doctrine that events are loose and separate. This makes continuity in the change of any quantity a contingent law of physica, rather than a conceptual necessity. The article explores alternatives to this classical model. (shrink)

According to Ibn Khaldūn, man is a social entity deeply influenced by the geo-economics-politics of the environment in which he lives. The effect is seen as so strong that nearly all of these structures in their relationship to human beings are dominated by it. In this system, we see human beings as a creature who is both able to adapt himself to the environment and able to evolve in this harmony. From the perspective of Ibn Khaldūn, man cannot be evaluated (...) or defined separately from the environmental conditions, the technique and architecture he has developed. Ibn Khaldūn sees the primary source of this change to be the desire to make life both more prosperous and bearable. Therefore, the most natural motivations that affect man’s desire to alter the natural world are the environmental challenges that he encounters. The challenges that are imposed upon man in the natural world are those that have led to human progress. From badāwa (nomadic society) to ḥaḍāra (sedentary society) and so to the ceaseless drive of human progress that has served to make life more endurable, every effort in this sense leads to a physical and moral loosening as the incessant struggle to survive that defines human existence is made more bearable. Physical slack by breaking the resistance of man to resist the environmental conditions; and moral looseness by making man more vulnerable to the temptation of desires, pleasures and welfare that are the cause of moral dilemmas. Ibn Khaldūn’s moral thought with its social, political, and other fields of application are all contexts that enable an understanding of the devaluation of money-hedonist morality in all ways. This article aims to analyze the social, political and economic dilemmas and challenges that the capitalist, consumption-based money-hedonist morality (obesity, social media addiction, consumption, and moral devaluation in the face of financial, virtual and imagined valuations, etc.) from the perspective of Ibn Khaldūn. Summary: Man is endowed with both good and evil. Ibn Khaldūn notes that man tends to misuse these two orientations with a higher inclination towards evil, and that social conditions have an effect on this. He sees another characteristic of man, that they develop habits; accordingly, man is the child of his habits. Habits are second nature to man and affects all of his perceptions, particularly notions concerning truth. At the same time, human beings are under the constant influence of both habits, culture, and climate and geography; and all of these together affect our ethics, psychology and characteristics. Thus, man is a historical, social being that is changed, transformed and determined by adapting to these cultural, social, political and ecological conditions. The concept of Money-Hedonism is one that we have created by combining the terms monetarism, an economic concept, and hedonism, a concept in moral philosophy; the resulting term we seek to produce essentially translates as the adoration of Money. As is well known, hedonism refers to a philosophy of life that has its origins in the ancient Greek world which sees the purpose of life as one in which the pursuit of pleasure is the highest good. Whereas, Monetarism is an American-based economic view developed by Milton Friedman in 1970, linking all the balance in the economy to the supply and demand of money. According to this, the demand for money is operation, precaution and motives of speculation of individuals the amount of money they want to keep in cash on them. The power of an exchange tool increases with the amount and quality of what it is achievable in its utilization. In this respect, money has been an unprecedented source of power in modern society as a means by which change can be achieved. The increase in the power of money as an effective means as manifesting power has led to a socio-cultural and socio-economic superstructure around this power. In the life of an individual that is part of such a culture and is unable to isolate himself from the economy in which he lives, the values that can be expressed with money are consequently formed. In this structure, since the measure of life is money, money determines the quality of human life and human pleasure to a far greater degree than at any time in history. Thus, those living in this age have developed a new moral philosophy of value formed by the combination of these two concepts (monetarism and hedonism), which we have defined as Money-Hedonism. The money-hedonist individual is one that is in love with money, the joy of having it, the pleasure of using it, who desires it with immeasurable passion and ambition and is willing to use all legitimate and illegitimate methods of obtaining it. The most prominent characteristics of this type of individual is egoism, a desire to possess, hatred and mistrust. Ibn Khaldūn argues that the inhabitants of a city that live a settled life and who are living in the city have become economically prosperous and absorbed by consumption and pleasure, and, consequently morally degenerate as a result of the abuse of their evil nature. As can be understood from Ibn Khaldūn’s explanations, the basic element that determines the transition of people from the badāwi way of life to ḥaḍāri (settled) is the change in the livelihoods and related needs. He perceives this change as progressing from necessity to luxury, and, with this change, ethical concern in the nature of people being replaced by aesthetic care. In this way, since aesthetic concern reveals the dissatisfaction of the human self, man always pursues what is perceived to be better and more beautiful, and therefore he easily tends to any malignancy that may disrupt his religious and worldly peace. The ḥaḍāra community of Ibn Khaldūn versus the badāwa represent a modern society with a much more heterogeneous population, with a significant increase in lifestyle diversity along with urbanization. However, the determinative effect of the relationship with nature or the way in which society engage in economic activities have not changed. While modern people are urbanized, they are also heterogeneously shaped by psycho-social necessities demanded by urbanization. Man has created a new socio-psychological condition that not only affects the socio-economic but the way of forming a relationship through the accelerated development of new communication methods, facilitating access to information, and the opening of new methods of communication field between institutions. While man’s connection to nature has become disconnected, he no longer perceives himself as human being in nature but as a human within the city, the individual urban life and the law define this perception. The rupture from nature has created an inevitable result of alienation to nature as well as the estrangement of man with his own nature. The liberal policies adopted with capitalism have encouraged competition and free entrepreneurship. In the time that Ibn Khaldūn lived, man who created himself with his struggle in the nature brings himself / herself into the economic structure of competition in the modern period. Unlike in more traditional societies of the past, the modern way of life not only expresses itself in our new way of life and moral values, but also by statistical values. The exploitative and mathematical world, which forms the current economic science, shapes the socio-economic and socio-psychological structure of modern man. It is understood that the life brought by luxury renders the dynamic, subjective, disciplined sense of morality dysfunctional by destroying the moral values of man, particularly by reducing their feeling of shame. As a result, while the world of value of money-hedonism is solid, materialistic and cold; man in trying to exist in this world of value carries a flexible, spiritual and emotional nature. As such, human beings are pushed into social anomaly situations such as a constant conflict, dilemma, suicide, insecurity and solitude in this world of value. (shrink)

Philosophers of science don't very often discuss the place of mathematics between other sciences or the meaning of mathematics for other sciences. They consider mathematics as a formal language with mainly analytical statements about the use of symbols (Carnap, Russell, Ayer ). Originally Wittgenstein defended this formalistic interpretation of mathematics in his TLP. Gradually, however, he develops himself towards an intuitionistic and ontological position, in which mathematics is conceived as the central and therefore normative part of our thought (of course (...) : on what there is and how it is). Mathematical science plays the role of logic in relation to other sciences. Its universal applicability and efficiency are consequences of its creating beings on a necessary level, in virtue of the number of its relations (always still by substitution). This highly important philosophy of mathematics (misinterpreted by Crispin Wright) starts with his lectures in Cambridge (in the thirties ) and reaches its culmination in the Remarks on the Foundations of Mathematics and in On Certainty. In a second part this philosophical determination of mathematical reasoning is traced backwards through history. David Hume's contribution is reinterpreted from a new point of view. Inside the total field of our beliefs he distinguishes between different sciences with the critérium of the intricacy of relations between items of our knowledge field. The more and stronger these relations, the more forceful and necessary their influence on the remaining parts of the system of our belief. So mathematics is in the centre, the loose reveries of our fancy on the periphery. Quine's representation of ‘the tribunal of sense experience’, by which the total field should be judged and corrected, must be disqualified. Hume's dictum ‘Whatever we conceive, we conceive it to be existent’ reveals sharply that this evaluative and corrective role is performed by the necessary thoughts (or, if one likes it so, ‘realities’) of mathematical science. That reason and especially mathematical reason is the highest judge on the population and structure of our world and a very precious heritage of Pythagorism and Platonism. From the sources of Sextus Empiricus and Aristotle the author tries to reconstruct exactly the original assertion of Pythagoristic mathematical philosophy, which has nothing to do with a naive hypostazation of numbers or a kabbalistic number mysticism. Philolaos' saying, that some propositions are stronger than we, is demonstrated to refer to mathematical laws. The pythagorical position is fully integrated in Plato's dialectical philosophy. Mathematics is the great mediator towards the intuition of true being, the ‘metaxu’ between sensible phenomena and ideas. This tradition of philosophical taxation of mathematics as the ‘logic of science’ is broken by Aristotle, who didn't use mathematics in his qualitative natural science and considered mathematics as an abstract science (about the quantitative aspect of being). Moreover, he disowned its logical role and created a special science for this task. Human reason is mathematical in so far it is sure of its language and thought, which is excellently expressed by the Greek μαθηματιxα (= what can be understood, learned and taught) and by the Dutch word ‘wiskunde’ (= science of what is certain). The remarks and reflections of Wittgenstein have produced a new perspective on the placevalue (‘Stellenwert’) of mathematics among all possible sciences and beliefs and have proven that its onto-logical purport is an unavoidable implication. (shrink)

Discourse communities are groups of people who share common ideologies, and common ways of speaking about things. They can be sharply or loosely defined. We are each members of multiple discourse communities. Discourse can colonize the members of discourse communities, taking over domains of thought by means of ideology. The development of new discourse communities can serve positive ends, but discourse communities create risks as well. In our own work on the narratives of people with interests in health care, for (...) example, we find that patients speak of their illness experiences as victims of circumstance; policy makers construct adverse experiences and challenges as opportunities to be taken; health care workers speak from a mixed perspective, seeing themselves as both victims and opportunists depending on context. To be trapped within the discourse of a particular community is to put at risk the ability to communicate across discourses. Membership of a discourse community can impair the habit of critique, and deny opportunities for heteroglossic discourse. Privileging critique as a mode of discourse perhaps might define the ethical community, suggesting that ethical community may be an antidote to the constraining effects of conventional discourse community. (shrink)

I was interested to read Greg Pritchard’s articles ‘Civilised Lands’ in past issues of your magazine. In general, I think he gave a good overview of places of interest and tips for an overseas visitor on a climbing holiday to Australia. He failed, however, to warn visitors of the Australian pastime of sandbagging (which, I might add, Mr. Pritchard is a deft exponent of himself). I don’t know what state sandbagging has reached in your country but in Australia it has (...) become a refined art form. It is for this reason that I feel compelled to write this article, so as to warn otherwise unsuspecting English climbers of the possible pitfalls (or perhaps ground-falls would be more appropriate here) they may face on an Australian holiday. Firstly, an outline of what sandbagging is. The basic aim of the game is for the bagger to get an unsuspecting victim (also known as a baggee or sometimes a bunny) to do a climb (which, in the context of the game, is known as “the bag”) which they (the baggee) will not enjoy for one or a combination of three basic reasons. The first is that the climb may be positively dangerous, either loose and/or unprotected. Secondly, the climb may be much harder than either the grade or appearances indicate. Thirdly, the climb may be simply repulsive; for example, it might look like a nice diagonal layback flake and yet turn out to be a smooth flared overhanging off-width. The baggee, naturally enough, has a really miserable time and of course this gives the bagger great delight—in perfect accord with Toadie’s Law of the Conservation of Happiness (“happiness can be neither created nor destroyed”). Now, different baggers operate with different emphasis on each of the three basic bagging criteria, and have as their goal different levels of baggee misery. For example, there are those extremists, operating largely on criterion one, who are not completely happy unless they have witnessed a ground-fall from a reasonable height, in which case, if you are the baggee, your Australian holiday may consist of a few weeks in traction in Natimuk Bush Nursing Hospital.. (shrink)

ABSTRACTMedicines that are vital for the saving and preserving of life in conditions of public health emergency or endemic serious disease are known as essential medicines. In many developing world settings such medicines may be unavailable, or unaffordably expensive for the majority of those in need of them. Furthermore, for many serious diseases these essential medicines are protected by patents that permit the patent‐holder to operate a monopoly on their manufacture and supply, and to price these medicines well above marginal (...) cost. Recent international legal doctrine has placed great stress on the need to globalise intellectual property rights protections, and on the rights of intellectual property rights holders to have their property rights enforced. Although international intellectual property rights law does permit compulsory licensing of protected inventions in the interests of public health, the use of this right by sovereign states has proved highly controversial. In this paper I give an argument in support of states’ sovereign right to expropriate private intellectual property in conditions of public health emergency. This argument turns on a social contract argument for the legitimacy of states. The argument shows, further, that under some circumstances states are not merely permitted compulsory to license inventions, but are actually obliged to do so, on pain of failure of their legitimacy as sovereign states. The argument draws freely on a loose interpretation of Thomas Hobbes's arguments in his Leviathan, and on an analogy between his state of War and the situation of public health disasters. (shrink)

Since its inception, experimental social psychology has arguably been of two minds about the nature and role of theory. Contemporary social psychology's experimental approach has been strongly informed by the “nomological-deductive” approach of Carl Hempel in tandem with the “hypothetico-deducive” approach of Karl Popper. Social psychology's commitment to this hybrid model of science has produced at least two serious obstacles to more fruitful theorizing about human experience: the problem of situational specificity, and the manifest impossibility of formulating meaningful general (...) class='Hi'>laws of human social behavior. It is argued that a social psychology based on the search for this kind of lawfulness, under the auspices of either a strict or loose interpretation of the largely Hempelian model, is ultimately unworkable. An alternative approach to social psychology that is attentive both to the need for understanding individual situations and behaviors and to the need for generalized understanding of actual human behaviors is offered. This approach is grounded in the hermeneutic tradition. (shrink)