Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) (...) deny liability to them. I will suggest an explanation for Nino's irrevocability claim. (shrink)

One of the important topics in the field of philosophy of religion is the relationship between the various forms of the Divine, in particular the wellknown distinction between "philosophical God" and personalist understandings of God (Blaise Pascal). Spinoza's ethics is oriented mainly to the argumentation of the first understanding and is its consistent implementation. Hegel's interpretation of Spinoza is reconstructed here in view of the question of pantheism and atheism in Spinoza's system and whether and to what extent Hegel rehabilitated (...) and "justified" Spinoza. Our thesis is that Hegel's position on too many God in Spinoza is incomplete and imprecise. (shrink)

The notion of justice is not some inwardly homogeneous, simple and objective one. Assumed the gains and losses on the one side and the relative levels of welfare on tiie other side play the cmcial role as criteria for being just, there are at least the four different, mutually exhaustive and irreducible conceptions of justice - cardinal and ordinal utilitarianism and moderate and radical egalitarianism. The first and fourth theories rely on just one criterion, whereas theories two and three rely (...) on two criteria each. These two theories are more refined but not more just: Their acceptability depends on normative persuasion. Thus, by introducing the intensity of preferences into analysis, the whole discussion of the concept of justice becomes more comprehensive but also more complicated. (shrink)

Although Slovenia is a small, relatively new nation-state, it has been justifiably called “neocorporatist” and a “coordinated market economy,” making it unique among postcommunist societies, including ten new EU member states. The authors explore how it became so, and in the process shed light on the debate between varieties of capitalism and power resources theories about how coordinated or neocorporatist economies emerge. Although several of the elements predicted by the varieties of capitalism perspective were present in Slovenia, others were not. (...) The authors also find that a significant mobilization by organized labor at a crucial point played an essential role, and overall find that power resources theory has greater explanatory power in this case. However, in turning from explaining how the Slovenian model was formed to why it was so unique among postcommunist cases, they find that specific historical legacies were critical, particularly those from the distinct Yugoslav form of communism. (shrink)

The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral (...) maze I will argue that the Strategic Foul rests on a conceptual mistake. I will contrast the Strategic Foul with the idea of Efficient Breach in the economic approach to law in order to bring out some of the salient features. While doing so I will attempt some cross-fertilisation between jurisprudential insights and philosophical reflection on game rules. Finally, I will re-cast Searle’s distinction between constitutive and regulative rules in order to bring out the conceptual mistake more clearly. (shrink)

Given Bernard Suits’ stature in the philosophy of sport, his take on strategic fouling, surprisingly, hasn’t been given much attention in the literature. Rather than relying on a purely empirical or ‘ethos’ approach to justify the Strategic Foul he provides a mixed justification. Suits’ account combines a priori and a posteriori elements. He introduces a third kind of rule, which appears to be unlike rules of skill or constitutive rules, into his conceptual scheme. Suits claims that it is sometimes tactically (...) correct to break such a rule in order to gain an advantage. I will argue that the a priori element in his justification of strategic fouling is unconvincing because there is nothing special about ‘third type’ rule-violations, which incur a ‘fixed penalty’. Furthermore, the a posteriori element ultimately reduces to a rule of skill, and it is doubtful whether it has sufficient normative force to warrant breaking a rule. But, most importantly, the a posteriori element degrades the power of the a priori element. (shrink)

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.

U tekstu se polazi od problemske konstatacije prema kojoj je kapitalizam kao način života toliko postao dominantan da sustavno prožima cjelokupno vrijeme pojedinca, i radno i slobodno vrijeme. Dakle, sustav je čovjekovo vrijeme u totalu stavio u zavjetrinu ekonomije. I njime upravlja i vlada .Dalje se u tekstu postavlja pitanje koliko će još proći »vremena da se deblokiraju potencijali čovjekove prirode zapreteni u ekonomiji slobodnog vremena« . U suprotnom »svaki napredak u proizvodnji s pasivnom proizvođačkom klasom može samo pospješiti izdvajanje (...) i jačanje nove gornje klase« . Tako nastaje dublja problemska situacija u kojoj se pojedinci pretvaraju u pasivne grupe i društvene zajednice i time cijelo društvo čine pasivnim i osrednjim.Rješenje se, prema Supeku, nalazi u izoštravanju »samosvijesti građanina« kojom bi se uspješno otklanjala pasivnost i nekritičnost čovjekove svijesti. Cijeli bi se taj proces mogao razvijati iz temeljne »usamljenosti« građanina, koja pretpostavlja sigurnu distancu od tržišnog konzumerizma. Samosvijest nastala usred vlastite usamljenosti, tj. usred kritičkog odmaka od svakodnevice, bila bi osnažena i kritički otvorena prema sebi i prema sredini u kojoj živi. I tada bi mogla »djelovati kako hoće«, a ne kako je diktirano odozgor.Ta temeljna i kritički distancirana usamljenost građanina razumijevala bi se kao kvalitetno novo iskustvo vremena u neovisnom i autonomnom prostoru slobode u kojem se konačno može ostvariti vlastito slobodno vrijeme bitno drugačije od pasivne besposlice.The initial concept of this text is the problem conclusion which claims that capitalism as a way of life has become so dominant that it systematically permeates the individual’s complete time, their working hours as well as their free time. In other words, man’s free time has been overtaken by the system and completely subjected to economy. And it is run by the government .Further in the text a question arises: How long “will it take to deliver the potentials of human nature which are entwined in the economy of free time” . Otherwise “every progress that is made in production using passive production classes can only help facilitate the separation and strengthening of the new upper class” . This leads to a deeper problem situation in which individuals are being turned into passive groups and social communities, which makes the entire society passive and mediocre.According to Supek, the solution is in sharpening the “citizens’ self-consciousness”, which could bring success in removing passivity and non-critical human consciousness. The entire process could be developed from the foundational “loneliness” of the citizen, which implies a safe distance from market consumerism. Self-consciousness, caused by personal loneliness, i.e., critical detachment from everyday life, would be strengthened and critically open toward itself and the society in which the person lives. And then it would be able to “do as it pleased”, and not as it has been ordered from a higher instance.This foundational and critically detached loneliness of citizens could be understood as a good and fresh experience of time in an independent and autonomous space of freedom, where a person could finally be able to achieve their own free time in a way that is largely different than just mere passive doing nothing. (shrink)

Opusculum insolubilium is an anonymous sixteenth-century British logical treatise dealing with the so-called “insolubles”, i.e. self-reflexive paradoxical propositions. It summarises the fundamental principles of the approach proposed by Roger Swyneshed in the fourteenth century, which became popular in the British academic circles during the fifteenth century. The present paper has two basic aims: to contrive a modern edition of this treatise which could be used fora further research in post-mediaeval scholastic logic, and to provide elementary information about its content and (...) historical context. (shrink)

Since the late thirteenth century, the counterfactual Filioque debate, i.e., the question whether the Son and the Holy Spirit were distinct persons in the Trinity if the Holy Spirit only proceeded from the Father and not also from the Son, was an interesting context for developing the methodology of extreme thought experiments and the logic of conditionals with impossible antecedents and paradoxes of implication. In the mid-1620s, Puente Hurtado de Mendoza introduced a strongly critical approach towards the scientific merits of (...) positing certain types of impossible scenarios while joining this traditional debate in his Tractatus de Trinitate. He argued that the counterfactual Filioque problem is a needless detour and either shifts to unreliable discussions of properties of fictional entities or is outright trivial for logical reasons. The present article offers a modern edition of the ninth disputation of Hurtado’s Tractatus de Trinitate and analyses logical and methodological aspects of Hurtado’s position in the counterfactual Filioque debate. (shrink)

This paper begins by considering the specific position of philosophy on culture: philosophy is part of culture as well as being a reflection of the whole complex. Thus, culture finds in philosophy its own meta-cultural account. One of the results achieved by this philosophical approach might be the diagnosis of the cultural split and the symptoms of anthropological regress. On the other hand, the example of Michel de Certeau’s work shows us that from this point of view it is possible (...) to develop philosophical anthropology as a performative discipline, studying the activities of transformation, and appropriation at the level of everyday life. This anthropological approach leads us to an awareness of the principal openness of the cultural field and even to a new understanding of balkanization. (shrink)

The paper sheds light on different approaches to normativity and on current tendencies to consider social and moral norms from the perspective of evolutionary psychology. The main objective of the paper is to show the similarities as well as differences between social and moral norms. Further, the author argues, that the differentiating characteristics, such as the influence of an external authority, the role of emotions and the role of conscious and subconscious judgments are not qualitative, but rather quantitative. Although the (...) moral norms are more universal and breaking them involves more emotions, the role of the social context is as important as with social norms. (shrink)

A guide to defining and then creating a flourishing life, based on the popular class at Yale What makes a good life? The question is inherent to the human condition, asked by people across generations, professions, and social classes, and addressed by all schools of philosophy and religions. This search for meaning, as Yale professors Miroslav Volf, Matthew Croasmun, and Ryan McAnnally-Linz argue, is at the crux of a crisis that is facing Western culture, a crisis that, they propose, (...) can be ameliorated by searching, in one's own life, for the underlying truth. In A Life Worth Living, named after its authors' highly sought-after undergraduate course, Volf, Croasmun, and McAnnally-Linz chart out this question, providing readers with jumping-off points, road maps, and habits of reflection for figuring out where their lives hold meaning and where things need to change. Drawing from the major world religions and from impressively truthful and courageous secular figures, A Life Worth Living is a guide to life's most pressing question, the one asked of all of us: How are we to live? (shrink)

This book is a revised translation of two works by Miroslav Hroch, which together form a pioneering comparative analysis of the various struggles for national identity in nineteenth-century Europe. It is concerned with the decisive phase of 'national renaissance', when small groups of committed patriots successfully generated mass support. When and why was their propaganda effective? The author attempts to answer this fundamental question by locating the patriots within the contemporary social structure, and uses data derived from many different (...) nationalisms. The work is divided into three sections; a theoretical examination of the origins of nationalism and nation-hood, a quantitative survey of the social and territorial structure of the patriots of eight representative national movements, and a comparative analysis of the social and professional groups that formed the milieu of patriotism. Numerous statistical tables and maps illuminate the text, which forms one of the most significant studies of the nationalist phenomenon to be published in recent years. (shrink)

While classical neo-positivists reject any role for traditionally understood values in science, Kuhn identifies five specific values as criteria for assessing a scientific theory; this approach has been further developed by several other authors. This paper focuses on Helen Longino, who presents a significant contemporary critique of Kuhn’s concept. The most controversial aspect of Longino’s position is arguably her claim that the criterion of empirical adequacy is the least defensible basis for assessing theories. The de-emphasizing of the importance of external (...) consistency as a value and the introduction of socio-political considerations into the processes of an assessment of scientific theories are also considered problematic issues. I provide arguments against Longino’s conception, identify some of its problems, and argue for refusal of her approach. (shrink)

University study can be a life period of heightened psychological distress for many students. The development of new preventive and intervention programs to support well-being in university students is a fundamental challenge for mental health professionals. We designed an 8-week online mindfulness-based program combining a face-to-face approach, text, audio, video components, and support psychotherapy principles with a unique intensive reminder system using the Facebook Messenger and Slack applications in two separate runs. We assessed the program’s effect on mindful experiencing, perceived (...) stress, emotion regulation strategies, self-compassion, negative affect, and quality of life. The results of the presented pilot study confirmed that eMBP is a feasible and effective tool in university students’ mental health support. The students who completed the eMBP reported a reduction of perceived stress with a large effect size as well as a decrease of negative affect experience frequency and intensity, an increase of being mindful in their life, and a higher rate of self-compassion with a medium effect size. A small effect size was found in the frequency of using a cognitive reappraisal strategy. One new result is the observation of an eMBP effect on the decrease in attributed importance to the quality-of-life components replicated in two consecutive runs of the program. The study affirms that mindfulness-based interventions can be effectively delivered in an eHealth form to university students. (shrink)

Over the last decades we have witnessed a proliferation of new human rights claims (e.g. the ‘human right’ to internet access) . But Milan Kundera (1991) reminds us that not all desires are human rights. Trans women athletes (and their supporters) often claim that there is a human right to sport and they derive a further ‘human right’ from this: the right to compete in the sex category with which they identify (i.e. the female category). The purpose of this article (...) is to critically assess these two claims: 1. every person has a human right to compete in sport; 2. trans women have a human right to compete in the female category in sport. (shrink)

In life there can be good reasons to break the rules. Some sports philosophers have suggested that this also holds for games. In this essay I will compare and contrast reasons for rule-breaking in life and in sports. Some of my focus will be on recent attempts to defend strategic fouling (by Eylon & Horowitz, Russell, and Flynn). Supporters of strategic fouling try to provide a philosophical underpinning for the practice, but they ignore the genealogy of such rule-violations. I will (...) also discuss how some legal theorists view rule-breaking and contrast this with sport. Lastly, I will introduce the idea of ‘transcendental rules’ in games. They are the conditions for the possibility of playing a game. Following Aurel Kolnai, I will argue that strategic fouling violates a transcendental rule – it is not just a moral error, it is also a conceptual error. (shrink)

The article based on Kuhn’s paradigmatic approach and Lakatos’ methodology of scientific research programmes, analyses certain aspects of selected cognitive functions of religous beliefs. Our approach is based on the search for angalogy between scientific theories on one hand and systems of religious beliefs on the other hand. Contemporary philosophy of science demonstrates that scientific models are the products of creative analogous immagination, data are theory-laden, theories as a whole are resistent to falsification and it is hard (if at all) (...) to find reliable criterions for the selection of a paradigm. These «subjective features» are more evident within religion, since a wider range of models, greater impact of interpretations on data, greater arduousness in regard to the commitment to a paradigm and more ambiguity in the process of the selection of a paradigm, exist in this area. However, with each of these features, I see the difference between science and religion in their degree and not in absolute contrast. (shrink)

Johann Eck (1486–1543) has been introduced to modern scholarship as a prominent figure of the pre-Tridentine Counter-Reformation. As part of the curricular transformations of the University of Ingolstadt, he wrote commentaries on logical and scientific works by Aristotle and Peter of Spain. Utilising a variety of sources, the two volumes dedicated to physics and natural philosophy published in 1518 and 1519 were self-contained textbooks including annotated translations of the texts and quaestio-commentaries. These developed the doctrines of the Oxford Calculators mediated (...) through Continental sources, reproducing their conceptual and mathematical apparatus, including the famous middle degree theorem and Bradwardine’s law. (shrink)

Seit 2018 regt sich im anglo-amerikanischen Raum vermehrt das Interesse, Sport als quasi-rechtliches Regelsystem zu untersuchen. Man geht davon aus, dass die Probleme und Lösungen in Sportsystemen den Vergleich mit Rechtssystemen erlauben. Tagungen, Aufsätze und Bücher zum Thema „Jurisprudence of Sport“ deuten darauf hin, dass hier ein neuer Forschungsbereich entsteht. Dieser Beitrag bietet eine Einführung in die Thematik.

Continuing the tradition of Oxford Calculatorial physics, the late fourteenth-century British Carmelite Richard Lavenham authored an amplification of the popular short textbook commonly referred to as Termini naturales. A copy of this amplification, preserved in a late fourteenth-century manuscript (Venezia, Biblioteca Nazionale Marciana, ms Lat. Z. 300 [= 1872]), is followed by a short series of notes and comments on some of the principles introduced in Lavenham’s treatise (drawn from the first four books of Aristotle’s Physics). The present article offers (...) an edition of the text, and analyses its content and relationship with fourteenth-century physics, especially with the physical doctrines of Richard Lavenham. (shrink)

The construction of mediaeval semantic theories is based on defining semantic concepts introduced by means of paradigmatic examples. One of the commonly discussed expressions is the promise “Debeo tibi equum”. This study deals with analyses of this proposition in fourteenth century logic done by means of instruments of terminist semantics. We may distinguish between realist and nominalist analyses, the nominalist may further be classified according to how the propositional context is interpreted – whether as extensional, intensional or hyperintensional. If we (...) take the function terminist logic has with respect to grounded elimination of false inferences as the criterion of its effectivity, all solutions must be considered comparably effective, and therefore acceptable.Medio aevo doctrinae semanticae super notionum semanticarum definitiones, quae exem plorum allatorum auxilio communiter introducebantur, construi solebant. Inter exempla saepius pertractata est etiam hoc promissum “Debeo tibi equum”. In dissertatione nostra explicationes, quae instrumentis semantices terministicae 14. saeculo in logica propositae sunt, investigamus, quorum aliae sunt realisticae, aliae nominalisticae. Inter hasce aliud porro discrimen notaripotest, scilicet quod aliae contextum dicti “extensionalem”, aliae “intensionalem”, aliae “hyperintensionalem” interpretantur. Quae omnes explicationes fere aeque efficaces esse inveniuntur, inquantum scilicet sufficientia praebent fundamenta ad argumenta fallacia eliminanda, quod et aeque acceptabiles. (shrink)

Few twentieth century novelists have been subjected to as exhaustive and self-confident interpretations of the ultimate meaning of their work as was Franz Kafka. Veritable regiments of men of letters, psychoanalysts, sociologists, philosophers, and just plain busybodies followed the urge to formulate theories on Kafka’s concern with the alienation of Western man. Personal friends like Max Brod, dramatizers of the loveless world of The Trial, André Gide and Jean-Louis Barrault, analyzers of parental stunting of the child psyche like Josef Rattner, (...) observers of Kafka’s Austro-Bohemian world like Pavel Eisner and Peter Demetz, investigators of traditional themes in Kafka’s fiction—notably of their Hebraic and Chasidic ingredients—like André Nemeth and Hartmut Binder, hunters of allegorical and parabolic semantics like Norbert Fuerst and Clements Heselhaus, all seem to share one common trait in their vastly differing approaches: a singular disrespect for the frequent hints made by the author himself as to his ultimate objectives. (shrink)

Further development of the research on the fourteenth-century logic of iterated modalities leads to further exploration in fifteenth- and sixteenth-century Italian scholasticism, in particular, the contributions of Paul of Venice and his followers. The research confirms the well-established notion of “British logic in Italy”, as the major logical strategies used in the analysed works can be traced back to earlier British authors. Logically speaking, the problem of iterated epistemic modalities was framed as debate on the consistency of the hypothesis that (...) an agent doubts whether she knows φ and the hypothesis that an agent knows φ and doubts whether she knows φ, in which the principles of positive and negative introspection play a major part. Philosophically speaking, the debate on the possibility of doubting one’s own knowledge utilised theories of evidence and scientific proof and philosophy of the mind. (shrink)

Martin Le Maistre , also known as Martinus Magistri, was one of the nominalists at the university of Paris from the watershed between medieval and postmedieval scholasticism. This influential logician, moral philosopher and theologian wrote a repeatedly edited treatise on logical consequence Tractatus consequentiarum. The present paper focuses on this treatise where Le Maistre, influenced by late-medieval logicians, develops a theory of validity based upon postulating abstract compound entities as sentential meanings.

The paper focuses on the concepts of truth, truth-making and truth-preservation and their role in defining deductive validity as analysed by the late-medieval nominalist scholar Martin Le Maistre in his Tractatus consequentiarum. This treatise, examined from the point of view of fourteenth-century British and Parisian influences, can be characterised as a critical adoption of the previous logical tradition and as the analysis of validity in term of truth-preservation. Part of this analysis is a study of self-referential phenomena, in particular, of (...) self-referential inferences which are addressed in terms of a Bradwardinian implicit-meaning analysis of self-reference by Le Maistre. Also, his analysis of “consequentia formalis” summarises the fourteenth-century development of the discussion and compares alternative approaches towards formality. (shrink)

The Bradwardine-Read multiple-meanings solution to paradoxes invented in 1320s and formally reconstructed and developed in 2000s is based on the so-called “closure principle for signification”, in particular, for sentential meaning. According to this principle, sentences are assumed to signify whatever they imply. As a consequence, paradoxical sentences are proved to signify their own truth and thereby are reduced to simply false self-contradictions. One of the problems of this solution to paradoxes is that the closure principle over-generates if sentences are closed (...) under unrestricted entailment. The present proposal will introduce a restriction based on what will be called the “dynamic closure principle”: sentential meaning will be regarded as closed under the inference steps performed in the (actual or optimal) process of evaluating the respective sentence’s truth-value. (shrink)