I. Singminji sigi p'yŏn -- II. Chŏnhwan'gi ŭi iron oe.

Should a liberal constitution constrain the racially discriminatory actions of state as well as nonstate employers? This essay answers in the affirmative, arguing that once we take seriously the right to nondiscrimination on the basis of race in terms of employment, we realize that such a constitution must constrain the actions of both. In doing so, this essay draws from John Rawls’s four-stage sequence, a sequence that suggests one way philosophical principles translate into constitutional design. A Theory of Justice is (...) the go-to theory for a wide range of political issues from a perspective of liberal theory, but scholars have paid less attention to it and comparative constitutional law. I take up this neglected inquiry by focusing on the distinction between the horizontal and vertical effect of a right not to be discriminated against on the basis of race in matters of employment. My analysis draws from the United States Constitution and the Constitution of the Republic of South Africa. A vertical effect constrains state power: a right to nondiscrimination is violated only when a state or public body discriminates on the basis of race. A horizontal effect constrains nonstate actors: a private employer may violate rights by discriminating on the basis of race. I argue that, in line with the South African Constitution, Rawls importantly adopts a horizontal effect of the right not to be discriminated against on the basis of race by ensuring formal equality of opportunity. His theory of justice suggests that a liberal constitution ought to constrain the racially discriminatory actions of both state and nonstate (private) employers. This, in turn, represents an important response to racism that occurs in the private sphere. (shrink)

Predominantly on Tibetan Buddhist doctrines and philosophy.

This article offers a reflection upon The Brothers Karamazov, interpreted as a theological and philosophical contribution to the debate over humanity’s practical relationship to suffering and vulnerability. The relationship is practical insofar as the questions with which Dostoevsky struggles all relate to human agency: How should we live in the continual presence of suffering? The article reconstructs a theology of suffering in The Brothers Karamazov as a form of anti-theodicy. Further, the theology of suffering in The Brothers Karamazov is counterposed (...) to Leo Tolstoy’s novella Hadji Murat. How does Dostoevsky’s “theology of suffering” fare in a comparison with one of the most perceptive portraits of power and powerlessness in world literature? In the proposed reading of the story, the elderly Tolstoy seeks to challenge the Christian theology that views responsibility for suffering and injustice primarily as an individual struggle with the metaphysical conditions of existence. (shrink)

Assume V = L ⊨ ZF + DC + Θ > ω2 + μ is a normal fine measure on.

Biomedical enhancements, the applications of medical technology to make better those who are neither ill nor deficient, have made great strides in the past few decades. Using Amartya Sen's capability approach as my framework, I argue in this article that far from being simply permissible, we have a prima facie moral obligation to use these new developments for the end goal of promoting social justice. In terms of both range and magnitude, the use of biomedical enhancements will mark a radical (...) advance in how we compensate the most disadvantaged members of society. (shrink)

Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...) creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy. (shrink)

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she (...) could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)

Exegetical works on Buddhist doctrines and philosophies according to the interpretation of Sa-skya-pa sect.

It is the aim of this paper to assess Levinas’s criticism of Husserl’s concept of evidence. In Sect. 1, I will summarize Levinas’s criticism of Husserl’s concept of evidence. In Sect. 2, I will delineate Husserl’s concept of experience and in Sect. 3, I will try to define the concept of evidence in Husserl. In Sect. 4–6, I will assess Levinas’s criticism of Husserl’s concepts of evidence and show that Levinas’s criticism of Husserl’s concept of evidence is out of the (...) mark, since it is based on a total misunderstanding of Husserl’s concepts of evidence. (shrink)

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. (...) The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. (shrink)

ABSTRACT Because of the irresolvable disagreement between the Federalists and Anti-Federalists, the U.S. Constitution both embodies value pluralism and has encouraged it ever since its adoption. Rather than ignoring the nation-centered, dynamic ideas of the Federalists or the state-centered, static ideas of the Anti-Federalists, the Constitution incorporated both views, giving rise to plentiful opportunities for interpretive disagreements that have not, however, stood in the way of the interpreters’ shared commitment to the document itself. In this respect, the Constitution and constitutional (...) law model the politics of pluralism. (shrink)

Edmund Husserl published in his lifetime only works which represent a compilation of individual phenomenological analyses or which have the character of an introduction to his phenomenology. It always made him uneasy that he did not publish any systematic work in phenomenology. In his later years, from the beginning of the 1920s, he tried several times to write such a work, but in vain. The masterplan for this work, which his assistant Eugen Fink sketched out in 1930/31 is preserved. According (...) to this plan, the Phänomenologie der Instinkte has attracted very little attention in Husserl studies until now, takes a central and fundamental position in the whole system of his mature transcendental phenomenology. In this book, Nam-In Lee reconstructs the Phänomenologie der Instinkte on the basis of the already published works and, above all, of the unpublished manuscripts of Husserl. Moreover, he draws out the consequences which the Phänomenologie der Instinkte bears for the whole system of phenomenology. Transcendental phenomenology, in its form of a genetic phenomenology of which the Phänomenologie der Instinkte is the concluding part, can, according to him, no longer be considered as one-sided philosophy of consciousness in the traditional sense, as it has often been thought of hitherto. Thus, the author presents a new face of phenomenology; one which has scarcely been noticed in the field of Husserl studies until now. (shrink)

This paper traces the manner in which the word ‘psychotherapy’ was invented and how it became taken up and disseminated in the English-, French- and German-speaking medical worlds at the end of the 19th century. It explores how it was used as an appellation for a variety of practices, and then increasingly became perceived as a distinct entity in its own right. Finally it shows how the fate of the word ‘psychotherapy’ enables Freud’s invention of ‘psychoanalysis’ to be located.

Partial/particular will (al-irādah al-juz’iyyah) and the creation of human acts are two issues related to the predestination belief. Nowadays, it is unarguably accepted that humans have volition. However, the controversy over the formation steps of human will and act does not seem to be settled. Māturīdīs’ approach, taken with the intent to allow some space for freedom for humans in their actions and based on the partial will and postulation that there is a part in human actions that are not (...) created nor subject to creation, could not be understood at times. When it comes to misunderstandings of this kind, Sadr al-Sharī‘a and Ibn al-Humām, who are among the Hanafī-Māturīdī kalam scholars, are mentioned. Both mutakallims are some of the eminent figures who left their marks on the Hanafī-Māturīdī school. They affected a significant number of scholars coming after them by the authentic ideas they presented. However, even though neither Sadr al-Sharī‘a nor Ibn al-Humām did regard humans as creators of their own actions, they are confronted with an accusation as if they vitiated the fact that God is the Absolute Creator. Therefore, it is of grave importance to reveal Sadr al-Sharī‘a’s ideas, which are represented in his “Four Premises” concerning the formation of an act and Ibn Humām’s thoughts put forward in his “Ījādu al-‘Azm al-Musammamah” and “Takhsīsu Irādah al-Juz’iyyah.”. (shrink)

The main result of this paper, built on previous work by the author and T. Wilson, is the proof that the theory “ADR+DC + there is an R-complete measure on Θ” is equiconsistent with “ZF+DC+ ADR + there is a supercompact measure on ℘ω1(℘(R))+Θ is regular.” The result and techniques presented here contribute to the general program of descriptive inner model theory and in particular, to the general study of compactness phenomena in the context of ZF+DC.

Rights -- Justification in theory -- Justification in practice.

The life-world is a central topic of Husserl’s phenomenology. He addresses this issue in some of the works published during his lifetime and attempts to analyze the life-world extensively in many of his works and posthumously published research manuscripts. The life-world is one of the topics that have been discussed most extensively in phenomenology. However, there are many misunderstandings of Husserl’s phenomenology of the life-world. One misunderstanding concerns the variety of concepts of the life-world in Husserl and the possibility of (...) developing various fields of the phenomenology of the life-world. It is the aim of this paper to show that Husserl has a pluralistic concept of the life-world, which makes it possible to develop various fields of the phenomenology of the life-world. I will introduce the monistic view and the pluralistic view of the concept of the life-world in Husserl and will clarify what the life-world is, thereby showing that the monistic view of the concept of the life-world in Husserl is not legitimate. However, even though Husserl has a pluralistic concept of the life-world, nowhere does he systematically clarify the various concepts of the life-world. Hence I will sort out and clarify various concepts of the life-world such as the narrower concept and the wider concept, the general concept and the particular concept, the natural concept and the transcendental concept, and the empirical concept and the eidetic concept. Based on the discussion of the various concepts of the life-world in Husserl, I will assess the monistic view and the pluralistic view of Husserl’s concept of the life-world so that we can better understand his various concepts of the life-world. (shrink)

In response to the grim realities of the present world Jewish thought has not tended to retreat into eschatological fantasy, but rather to project utopian visions precisely on to the present moment, envisioning redemptions that are concrete, immanent, and necessarily political in nature. In difficult times and through shifting historical contexts, the messianic hope in the Jewish tradition has functioned as a political vision: the dream of a peaceful kingdom, of a country to return to, or of a leader who (...) will administer justice among the nations. Against this background, it is unsurprising that Jewish messianism in modern times has been transposed, and lives on in secular political movements and ideologies. The purpose of this book is to contribute to the deeper understanding of the relationship between Jewish thought, utopia, and revolution, by taking a fresh look at its historical and religious roots. We approach the issue from several perspectives, with differences of opinion presented both in regard to what Jewish tradition is, and how to regard utopia and revolution. These notions are multifaceted, comprising aspects such as political messianism, religious renewal, Zionism, and different forms of Marxist and Anarchistic movements. (shrink)

In this paper, I propose an interpretation of the Confucian concept of li or Ritual Propriety, and suggest a new philosophy of action and mind on the basis of the concept. To achieve this aim, I fo...

We investigate the compatibility of $$I_0$$ with various combinatorial principles at $$\lambda ^+$$, which include the existence of $$\lambda ^+$$ -Aronszajn trees, square principles at $$\lambda $$, the existence of good scales at $$\lambda $$, stationary reflections for subsets of $$\lambda ^{+}$$, diamond principles at $$\lambda $$ and the singular cardinal hypothesis at $$\lambda $$. We also discuss whether these principles can hold in $$L(V_{\lambda +1})$$.