Below, suggested thoughts were expressed by me when I just learned about an irreparable event - the departure from the earthly existence of pastor Peter Konstantinovich Martyanov. Since then, it's hard to imagine now, two years. Time spell is inexorable. But there is a higher flow of time. It is human honor and memory. The good deeds of man live uncountably for a long time as an embodiment of the memory of her. And a man lives as much as he (...) will remember about his good deeds. So - everyone chooses in his earthly existence his own way. The Path of eternal Remembrance of your own good deeds, or the unlucky darkness of your own evil deeds. Peter Konstantinovich always served God, and hence - people. Therefore, he will be remembered with respect and remembered by a good word and after leaving the earthly life. Therefore, on the deadline of September 7, the religious scholars of Ukraine, with whom he worked fruitfully to establish tolerance in interfaith relations in the Odessa region, was to be honored, to honor the light of the memory of the man who did so much for the establishment of Ukrainian unbiased religious studies, who was not afraid to be righteous and sincere then When it was not easy, who was not afraid, as Vasyl Stus once articulated, to be "self-fulfilling". (shrink)

The figure of Peter the Tomb, various aspects of his life and activity, as well as the era called by his name, have long been the subject of study by numerous scholars, comprehensive and meticulous research. It is enough to mention the works of M.Grushevsky, A.Zhukovsky, V.Klimov, A.Kolodny, V.Nichik, O.Sarapin, L.Filipovich and V.Shevchenko, in which the phenomenon of the metropolitan, his spiritual and religious dominant, is thoroughly and thoroughly explained, the influence of P. Mogila's heritage on the past and present. (...) And yet it is impossible to talk about the exhaustiveness of this topic, because such inexhaustibility is dictated by the very universe of its multidimensional activity. This is what determines the relevance of the proposed article. And this, in turn, gives rise to reflections on the need for scientific innovative understanding of religious philosophy as a constant basis of thinking of Petro Mohyla, which, in particular, was reflected in his "Notebook", which is still a little-studied phenomenon of Ukrainian spiritual culture, for the first time it saw the world only in 1995, more than 60 years after its invention by M. Grushevsky. This work, like all narratives on the spiritual and religious themes that make up it, is an integral part of the metropolitan's religious and philosophical heritage. (shrink)

The desire to see a sign phenomenon in different ways always has a reason to interpret it in an unbiased, panoramic way, and in some places - even allowing for contradictions in its understanding by different participants in the interpretative process. For modern humanities, this disposition is quite understandable, since it follows from its very postmodern nature, thereby defining the semantic semantic fields of the leading humanities. True, it is not so wide-spread, but instead, it is evident that Ukrainian religious (...) thinkers of the Middle Ages and Baroque have interpreted the iconic phenomena more deeply. In the story of Petro Mohyla "On the Wonderful Elder Grigory Mezhyhirsky" the metropolitan Mohyla clearly expresses the need to build before the thinking gaze of the reader his own, immanently religious-philosophical conception of the Divine, which every time would present him not just as an act of manifestation, otherwise he appears before the person, while remaining alone. The contemporary study of this issue in order to integrate its leading concepts in the religious-philosophical and general cultural discourse of the postmodern era has largely determined the relevance of the proposed article. The study of the phenomenon of "leaving" by itself in changing forms of the phenomenon of the Divine is also one of the key ones in the proposed studio, because it expresses the very meaning of the Divine as a religious, and therefore a cultural phenomenon. (shrink)

The phenomenon of Petro Mohyla in the modern humanitarian university is most often viewed precisely from the point of view of understanding his figure not only as a building Church, its defender, in a sense as a Christian conservative, but also as a guardian and building national statehood, creator of religious-national transformation and state-renewal Khmelnytsky era and - later - Mazepa. As the History of the Orthodox Church in Ukraine rightly points out, "after 1632, when the Commonwealth entered into the (...) reign of Wladyslaw IV and was headed by Petro Mohyla of Kiev, the Orthodox Church also entered a new era of its existence. The government's new course in resolving the religious issue, increasing political activity of the Orthodox community gave the Kyiv Metropolitanate the opportunity to restore legal status, to regulate relations with the state and society… This authority … was conditioned by the ability of the church institution to be full-blooded… the inner life of the church became perhaps the overriding task of Petro Mohyla... Petro Mohyla justified the principles of its own jurisdiction... emphasized the legitimacy of its power. ". (shrink)

To start thinking about the Gregory Skovoroda phenomenon and its promising interconnectedness with the culture of the hoped for, we want from a series of somewhat unexpected considerations and parallels that we hope will reflect both the subject matter itself and the prospects for the future. It is well-known that Kharkov entered the modern history of Ukraine as the “second capital of our statehood, as the capital of constructivist modern Ukraine of the 1920s, which, and this is often forgotten, favoring (...) Kyiv and the West of Ukraine, became the birthplace and epicenter of a powerful national-cultural movement Ukrainianization. It was in Kharkov that a unique aesthetic phenomenon was born and flourished - literature and art of the firing Renaissance. (shrink)

In the Ukrainian reality of the twenty-first century. The search for the dominant spiritual and national identity is one of the leading places. The dialogue between Catholicism, which is represented by the spiritual phenomenon of the Vatican, and by Ukraine, one of the countries not only of the Greek Catholic, but also of the Orthodox tradition, with a distinct national-cultural specificity, is, in our opinion, the semiosphere where the answers to many challenges of the present and the future. But such (...) answers are difficult to find if the sine era et studio does not analyze the key trends in the development of the Ukrainian Orthodox Church by examining it, without looking back at the stereotypes of the identification of Ukrainian spiritual thinking and being with the imperially secular tradition. The most suitable method for this task is the comparative methodology, which examines the basic ideological characteristics of the ideological world of Orthodox thinkers - from Ivan Vyshensky and to thinkers and spiritual prophets of the Second Cathedral of the UAOC. (shrink)

This book offers a new account of Aristotle's practical philosophy. Pavlos Kontos argues that Aristotle does not restrict practical reason to its action-guiding and motivational role; rather, practical reason remains practical in the full sense of the term even when its exercise does not immediately concern the guidance of our present actions. To elucidate why this wider scope of practical reason is important, Kontos brings into the foreground five protagonists that have long been overlooked: spectators or judges who make non-motivational (...) judgments about practical matters that do not interact with their present deliberations and actions; legislators who exercise practical reason to establish constitutions and laws; hopes as an active engagement with moral luck and its impact on our individual lives; prayers as legislators' way to deal with the moral luck hovering around the birth of constitutions and the prospect of a utopia; and people who are outsiders or marginal cases of the responsibility community because they are totally deprived of practical reason. Building on a wide range of interpretations of Aristotle's practical philosophy, Kontos offers new insights about Aristotle's philosophical contribution to the current debates about radical evil, moral luck, hope, utopia, internalism and externalism, and the philosophy of law. Aristotle on the Scope of Practical Reason will appeal to researchers and advanced students interested in Aristotle's ethics, ancient philosophy, and the history of practical philosophy. (shrink)

Interest in corporate social responsibility (CSR) is gaining momentum in academic and managerial circles. However, prior work in the area has paid little attention to how CSR initiatives should be implemented inside the organization. Against this backdrop, this study examines the impact of CSR initiatives on an important stakeholder group—employees. We build and test a comprehensive multilevel framework that focuses on whether employees derive job satisfaction from CSR programs. The proposed model predicts that a manager’s charismatic leadership influences employees’ interpretations (...) about the motives underlying their companies’ engagement in CSR initiatives (intrinsic and extrinsic CSR-induced attributions) which, in turn, influence employee job satisfaction. Hierarchical linear modeling of data from 47 organizational units comprising 438 employees from three world-leading manufacturing organizations shows that when employees think that their manager possesses charismatic leadership qualities, they tend to attribute the organization’s motives for engaging in CSR activities to intrinsic values, which, in turn, are positively associated with job satisfaction. Also, the extent to which managers are perceived as charismatic leaders relates positively to job satisfaction. Interestingly, CSR-induced extrinsic attributions are neither explained by charismatic leadership nor do they predict job satisfaction. Implications for both theory and practice are discussed. (shrink)

Aristotle's notion of evil is highly elaborate and attractive, yet has been largely overlooked by philosophers. While most recent studies of evil focus on modern understandings of the concept, this volume shows that Aristotle's theory is an invaluable resource for our contemporary understanding of it. Twelve leading scholars reconstruct the account of evil latent in Aristotle's metaphysics, biology, psychology, ethics, and politics, and detect Aristotelian patterns of thought that operate at certain landmark moments in the history of philosophy from ancient (...) thought to modern day debates. The book pays particular attention to Aristotle's understanding of 'radical evil', an important and much disputed topic. Original and systematic, this study is the first to provide a full exploration of evil in Aristotle's work, shedding light on its content, potential, and influence. The volume will appeal to scholars of ancient Greek philosophy as well as to moral philosophers and to historians of philosophy. (shrink)

How is it possible that the idea of sovereignty still features in legal and political philosophy? Most contemporary political philosophers have little use for the idea of ‘unlimited’ or ‘absolute’ power, which is how sovereignty is normally defined. A closer look at sovereignty identifies two possible accounts: sovereignty as the fact of power or sovereignty as a title to govern. The first option, which was pursued by John Austin’s command theory of law, leads to an unfamiliar view of law and (...) the state, which was justly criticised by H. L. A. Hart. The second option, leads to a paradox, because under this view sovereignty is both limited and unlimited. Hence, this argument shows that law and sovereignty are actually incompatible. Where there is law there is no sovereignty, and where there is sovereignty there is no law. (shrink)

Despite the undeniable epistemic progress of developmental biology from the second half of the twentieth century to the present day, there still is widespread disagreement on defining the biological term of ‘development’. This scientific field epistemologically is neither unsuccessful nor immature, thus the persistent lack of agreement on its most central concept raises some important questions: is there any need for an explicit definition of biological development, and if so, what content should the definition have? My central thesis is twofold. (...) First, that current definitions of biological development are conceptually or empirically inadequate. Second, that an explicit definition of biological development is very much needed (a) for the practical purposes of science textbooks, but more importantly is needed (b) epistemically for exposing or overcoming problematic assumptions and for partially guiding scientific research by coding the appropriate assumptions. To support this thesis, initially I will show the deficiencies of the dominant definitions of biological development; and subsequently I will provide two arguments: an Argument from Practical Purposes and an Argument from Epistemic Purposes. Finally, for accommodating practical and epistemic purposes and as a response to the inadequacy of the available definitions of development, I will propose and defend an operational definition of biological development which is aimed to be broader than the received ones, while being more precise and fruitful to conduct empirical research. (shrink)

How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this 'legal positivist' school of jurisprudence, the law endorses rights by some official act suitably communicated. But how can (...) any such legal enactment recreate the proper force of rights? Rights take their meaning and importance from moral reflection, which only expresses itself in practical reasoning. This puzzle about rights invites a reconsideration of the nature and methods of legal doctrine and of jurisprudence itself. Legal Rights argues that the theory of law and legal concepts is a project of moral and political philosophy, the best account of which is to be found in the social contract tradition. It outlines an argument according to which legal rights can be justified before equal citizens under the constraints of public reason. The place of rights in law is explained by the unique position of law as an essential component of the civil condition and a necessary condition for freedom.

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Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. -/- Just like international law, EU law applies primarily to the (...) relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. -/- According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. -/- Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles. (shrink)

For decades, discrete choice modelling was practically dominated by only two models: multinomial probit and logit. This paper presents a novel alternative—harmonic choice model. It is qualitatively similar to multinomial probit and logit: if one choice alternative greatly exceeds all (falls below at least one of) other alternatives in terms of utility then it is chosen with probability close to one (zero). Compared to probit and logit, the new model has relatively flat tails and it is steeper in the neighborhood (...) of zero (when all alternatives yield the same utility and the decision maker chooses among them at random). (shrink)

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically (...) unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory. (shrink)

Aristotle tries to solve the riddle of future-directedness and luck-awareness by offering an account of what he calls ‘good hope’ or hoping-well. I concede that hope does not hold Aristotle’s attention for long. However, his allusions to hope (in the Nicomachean Ethics, the Eudemian Ethics, and the Rhetoric) allow us to articulate a quite detailed, illuminating, and rich phenomenology of hope that will prove to be decisive when inquiring into how hopefulness belongs to the core of practical life, thereby making (...) an important contribution to contemporary discussions of hope. (shrink)

Alchourrón, Gärdenfors and Makinson have developed and investigated a set of rationality postulates which appear to capture much of what is required of any rational system of theory revision. This set of postulates describes a class of revision functions, however it does not provide a constructive way of defining such a function. There are two principal constructions of revision functions, namely an epistemic entrenchment and a system of spheres. We refer to their approach as the AGM paradigm. We provide a (...) new constructive modeling for a revision function based on a nice preorder on models, and furthermore we give explicit conditions under which a nice preorder on models, an epistemic entrenchment, and a system of spheres yield the same revision function. Moreover, we provide an identity which captures the relationship between revision functions and update operators (as defined by Katsuno and Mendelzon). (shrink)

Professor Walen’s book rejects the familiar argument of “double effect,” namely the doctrine that an action that knowingly causes the death of another person cannot be justified merely by its good consequences but only by its good intentions. Professor Walen offers a rival argument. He proposes that we rethink the killing of non-combatants in war on the basis of a theory of “the mechanics of claims” so that the intentional killing of civilians may be occasionally permissible. Such targeting of civilians (...) may be justified, according to the book’s argument, by the aim of eliminating the threat that these civilians may pose—innocently or not—to other persons. In these circumstances, it will not only be permissible, but it would also be a matter of right to kill civilians, which would be derived from a balancing of “claims.” The argument is impressively made but is ultimately unconvincing. All the decisive questions appear to be matters of a balance of “goodness.” The “mechanics of claims” organizes a structure of welfare values that ultimately work as a proxy for act-utilitarianism. As a result, the argument is open to well-known objections regarding justice and the separateness of persons. (shrink)

Elicitation methods in decision-making under risk allow us to infer the utilities of outcomes as well as the probability weights from the observed preferences of an individual. An optimally efficient elicitation method is proposed, which takes the inevitable distortion of preferences by random errors into account and minimizes the effect of such errors on the inferred utility and probability weighting functions. Under mild assumptions, the optimally efficient method for eliciting utilities and probability weights is the following three-stage procedure. First, a (...) probability is elicited whose subjective weight is one half. Second, the utility function is elicited through the midpoint chaining certainty equivalent method using the probability elicited at the first stage. Finally, the probability weighting function is elicited through the probability equivalent method. (shrink)

This issue of Jurisprudence features a symposium on Nigel Simmonds's Law as a Moral Idea. There are essays by John Finnis, John Gardner, Timothy Endicott and a Reply by Nigel Simmonds. The papers are based on presentations given at a panel discussion in Oxford in December 2009. In this 'Introduction' Pavlos Eleftheriadis outlines the main themes of the book, namely that the idea of law is intrinsically moral, the distinction between analytical and normative jurisprudence is false and law is not (...) a list of rules or a chain of authorisation, but a system of thought that follows the basic principles of practical reason. (shrink)

Cet article présente les travaux de restauration de murs de bâtiments essentiellement privés de Délos réalisés entre 2013 et 2019 par l’École française d’Athènes et l’Éphorie des Cyclades. Les causes et les conséquences de la dégradation des monuments sont décrites. On trouve un bref historique des travaux de restauration à Délos au xxe siècle, suivi par la présentation des travaux récents et de la méthode employée. Les travaux réalisés sont décrits en détail et la conclusion en dresse un bilan. L’article (...) est accompagné d’une annexe où l’on trouve l’analyse du mortier de terre qui a été utilisé comme liant dans les murs des bâtiments antiques de Délos. Le mortier employé dans les travaux de restauration moderne est issu de cette analyse. (shrink)

Z︠H︡yz︠h︡ekiansʹki uroky -- Teoretychne -- Rizne -- Dialoh.

This paper explores Pope Francis’ and the Holy See’s reaction to the war in Ukraine, and attempts to explain the logic behind it. After introducing the Holy See’s statements since the start of Russia’s aggression, the author reads them through the background of Catholic social teaching. In particular, he claims that the ambiguities of the Holy See’s position are due to the unresolved tension between the traditional just war approach and a tendency towards nonviolence. The latter has acquired prominence over (...) the last decades, in particular with Francis’ Fratelli Tutti. The author concludes that the war in Ukraine represents a pivotal moment in the Catholic Church’s thinking on war and peace. (shrink)

Henri Bergsono gyvybės kilmės hipotezė vengia pateikti šios problemos sprendimą, visgi filosofas pateikia keletą pasiūlymų. Nuodugnus jo tekstų skaitymas netiesiogiai atskleidžia prielaidą, kad gyvybė žemėje atsirado vykstant natūraliems procesams. Šiame straipsnyje nagrinėjama élan (polėkio) sąvoka bei akcentuojama šios filosofinės sąvokos evoliucija Bergsono mintyje. Élan argumentuotai atskiriamas nuo jo nuolatinio palydovo vital (gyvybiškasis), kadangi siekiama pabrėžti jo nedvasinį aspektą, kuris taikomas tam, ką Bergsonas apibūdino kaip „fiziologinę gyvybę“. Noriu pabrėžti, kad élan turi savo istoriją ir kad neabejotinai buvo akimirka, kuomet élan (...) prasidėjo. Galiausiai argumentacija perkeliama nuo élan istorijos ir kilmės prie gyvybės istorijos ir kilmės. (shrink)

The present paper proposes a new reading of one of the most obscure passages of De Architectura; in I, 1,3 Vitruvius claims that in architecture there is always a signifier and a signified, but his approach differs from Quintilian’s as presented in the latter’s Institutio Oratoria. Vitruvius’ is closer to Chrysippus approach, but he fails to mention the third constituent, the tynchanon. This omission is probably due to the fact that Vitruvius speaks of designs rather, than of existing buildings. What (...) can successfully signify a proposed building is, according to my reading, the design and erection of a building that is easily recognized by the public as realizing the intentions of the community to erect the proposed building. Such successful signification constitutes the ultimate criterion for good architecture. (shrink)

Standard axioms of additively separable utility for choice over time and classic axioms of expected utility theory for choice under risk yield a generalized expected additively separable utility representation of risk-time preferences over probability distributions over sure streams of intertemporal outcomes. A dual approach is to use the analogues of the same axioms in a reversed order to obtain a generalized additively separable expected utility representation of time–risk preferences over intertemporal streams of probability distributions over sure outcomes. The paper proposes (...) an additional axiom, which is called risk-time reversal, for obtaining a special case of the two representations—expected discounted utility. The axiom of risk-time reversal postulates that if a risky lottery over streams of sure intertemporal outcomes and an intertemporal stream of risky lotteries yield the same probability distribution of possible outcomes in every point in time then a decision-maker is indifferent between the two. This axiom is similar to assumption 2 “reversal of order in compound lotteries” in Anscombe and Aumann :199–205, 1963, p. 201). (shrink)

The article deals with the Maidan revolution in Ukraine in 2013/14 and how it was connected to the European idea. It analyzes the performative, revolutionary and theopolitical character of the event and raises the question of what meaning the experience of the Maidan can have for the renewal of European identity. In linking the idea of Europe with the struggle for freedom and dignity, the Maidan event unfolds a communitarian and meaningful political force that connects the Ukrainian nation, the idea (...) of Europe, and the desire for self-determi­nation, for which people stake their lives. The essay takes a look at the forms and functions of political liturgy as well as the meaning of martyrdom and its ritualized remembrance. The revolutionary appropriation of political sovereignty by the people and the theopolitical dimensions of the event are reflected upon, both in their political power and significance for a European identity and in the associated dangers of mythologizing and idealizing Europe. (shrink)

The architectural study of four multi-purpose rooms in the Quartier du Théâtre at Delos This article comprises the architectural study of four rooms of commercial purpose in the Quartier du Théâtre at Delos. These rooms are characteristic examples of a large category of commercial establishments, and their good state of conservation permits examining part of their fittings. It is in particular a question of the mezzanine and of the shop-front, which often includes a large bay and a second door accessing (...) a staircase leading to the upper storey. These elements are found in other rooms of this type at Delos, constituting one of the criteria for their identification, and enable a better understanding of their function. (shrink)

Empirical research often requires a method how to convert a deterministic economic theory into an econometric model. A popular method is to add a random error term on the utility scale. This method, however, ignores stochastic dominance. A modification of this method is proposed to account for stochastic dominance. The modified model compares favorably to other existing models in terms of goodness of fit to experimental data. The modified model can rationalize the preference reversal phenomenon. An intuitive axiomatic characterization of (...) the modified model is provided. Important microeconomic concept of risk aversion is well defined in the modified model. (shrink)

Cet article est une étude synthétique des installations commerciales de la ville de Délos à l'époque hellénistique. On examine les constructions qui appartenaient aussi bien aux installations temporaires qu'aux installations permanentes, on propose une nomenclature et on présente les locaux de production et de vente certainement identifiés. On propose ensuite des critères d'identification des installations commerciales et on tente de retrouver leur mode de fonctionnement. On présente enfin les programmes d'aménagement qui ont conduit à la construction des locaux de commerce (...) et la distribution de ces locaux dans la ville. On constate que le grand nombre et la diversité des installations liées au commerce confirment la réputation de Délos en tant que grand centre commercial à la fin de l'époque hellénistique. (shrink)

This book elaborates a moral realism of phenomenological inspiration by introducing the idea that moral experience, primordially, constitutes a perceptual grasp of actions and of their solid traces in the world. The main thesis is that, before any reference to values or to criteria about good and evil—that is, before any reference to specific ethical outlooks—one should explain the very materiality of what necessarily constitutes the ‘moral world’. These claims are substantiated by means of a text- centered interpretation of Aristotle’s (...) _Nicomachean Ethics_ in dialogue with contemporary moral realism. The book concludes with a critique of Heidegger’s, Gadamer’s and Arendt’s approaches to Aristotle’s ethics. (shrink)

In binary choice between discrete outcome lotteries, an individual may prefer lottery L1 to lottery L2 when the probability that L1 delivers a better outcome than L2 is higher than the probability that L2 delivers a better outcome than L1. Such a preference can be rationalized by three standard axioms (solvability, convexity and symmetry) and one less standard axiom (a fanning-in). A preference for the most probable winner can be represented by a skew-symmetric bilinear utility function. Such a utility function (...) has the structure of a regret theory when lottery outcomes are perceived as ordinal and the assumption of regret aversion is replaced with a preference for a win. The empirical evidence supporting the proposed system of axioms is discussed. (shrink)

Any abstract account of a field of law must make generalizations that are both faithful to the legal materials and appropriate to the subject matter's aims. The uniqueness and fluidity of the European Union's institutions makes such generalizations very difficult. A common theoretical approach to EU law (one that is often relied upon by the Court of Justice, the Parliament and the Commission) is to borrow directly from the theory of domestic constitutional law. The most recent manifestation of this tendency (...) is the draft Treaty on the European Constitution, which includes many of the symbolic features of a domestic constitutional order. But the European Union is not a state and the constitutional analogy is in many ways problematic. In this article I defend the view that a more complex theory is more appropriate to the unique combination of ordinary politics with diplomatic conferences that constitutes the European Union. The key to these institutions is, in my view, a Kantian international ideal of liberal peace. The foundational constitutional principles of the EU, principles that both fit the current legal framework and offer its most attractive interpretation, require the qualified autonomy of member states in a union of republics that create collective institutions for the purposes of liberal peace. (shrink)

Austin's theory of theory of law is simple: the law follows the pattern of power; the sovereign gives commands and obeys none; the subject obeys commands; the law consists in only those commands that directly or indirectly emanate from the sovereign. Nevertheless, Austin's theory of sovereignty is not simple at all. When we look at the relevant chapters closely, it becomes evident that Austin has two rival theories of sovereignty, one for a single person and one for a 'determinate body'. (...) It is only the latter that allows him to say that sovereignty lies, ultimately, with the electors, the strange conclusion of his book. But Austin's second theory of sovereignty is not consistent with his own theory of law. Austin's faces a dilemma. Is law - as most people take it to be - a public order of standards of conduct aiming to guide behaviour? If so, sovereignty ought to be public and intelligible. If not, sovereignty can remain a mystery to those living under it . For the latter reading, law and sovereignty are 'normatively inert,' as some of Austin's followers claim today. But Austin does not agree with his modern followers. Austin's second theory of sovereignty is aimed at satisfying a practical requirement of law and jurisprudence, i.e. to be in the position of publicly guiding conduct. (shrink)

The translator of the first Ukrainian version of Plato’s Cratylus (see above, p. ..) indicates the difficulties in translating the dialogue, emphasizing the external and internal aspects of those difficulties. The external aspect consists in the different etymology of Greek and Ukrainian words, and the internal one lays in the problem of choice between “Latinization” and “Ukrainization” of the translated text. The author made one of his translation principles to avoid excessive Latinization and justifies his decision.

How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...) law where the case happens to arise. But this analysis does not capture international law. This is, or appears to be, a distinct legal order that is certainly not the law of a distinct nation or a people but aspires to cover the whole of the world and – perhaps surprisingly – does seem to meet many of the ordinary criteria of a legal order. This review essay discusses two recent attempts at accommodating international law, Regulating Jurisdictional Relations Between National and International Courts, by Yuval Shany and A Theory of Interpretation of the European Convention of Human Rights, by George Letsas. In their own ways both books outline a ‘substantive’ theory of international law, which is to be welcomed. (shrink)

One of the theoretical developments associated with the law of the European Union has been the flourishing of legal and constitutional theories that extol the virtues of pluralism. Pluralism in constitutional theory is offered in particular as a novel argument for the denial of unity within a framework of constitutional government. This paper argues that pluralism fails to respect the value of integrity. It also shows that at least one pluralist theory seeks to overcome the incoherence of pluralism by implicitly (...) endorsing monism. The integrity and coherence of European law is best preserved by considering that both the national legal order and the international or European legal orders adopt sophisticated views of their own limits. (shrink)

The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement, one without parallel in comparative constitutional law. By giving unconditional power to the Westminster parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are limited by their respective constitutions. Parliament in the UK appears to determine the law unconditionally and without limit. Nevertheless, a fuller understanding of parliamentary sovereignty (...) as a legal and constitutional doctrine shows that this first impression is false. The nature of the British unwritten constitutional order is entirely similar to the written one prevailing in the United States or Germany. This is because the doctrine of parliamentary sovereignty, contrary to Dicey’s classic view, does not consist in a single dominant idea but in a number of related and mutually supporting principles that constitute higher law. The way in which these principles interact is parallel to the interaction of the main clauses of the United States Constitution or the German Basic Law. This analysis shows that the constitution, written or unwritten, never requires a ‘pouvoir constituent’. The constitution emerges from the law as the result of moral and political principles that breathe life into our public institutions. (shrink)

This article argues that despite Aristotle’s criticism of him, Isocrates does not actually hold the belief that political science, or universal knowledge of practical affairs, is impossible. When he appears to express this view, he is using hyperbole to distinguish himself from his adversaries. In reality, while he certainly underscores the significance of particular cases and doxa, he also claims to possess insights into universal principles concerning politics. He does so on the ground of philosophical arguments characterized by their consistency, (...) sophistication, and substantive nature. These arguments are robust enough to be structured into a coherent system of principles akin to a political science in the Aristotelian sense of the term – although Isocrates himself never elaborated this science in a clear and systematic manner. The objective of this article is twofold: first, to defend this unconventional interpretation of Isocrates’ political speeches, and second, to offer a systematic analysis of the implicit political science within them. (shrink)

The paper examines different ways of using historical resources in teaching refraction related subjects. Experimental procedures can be taught by using Ptolemy’s and Al Haytham’s methods. The student can check the validity of the approximations or rules which were presented by different people. The interpretation of the relations is another subject. Refraction phenomena were interpreted either by the principle of least time or by particles or by waves. The law of refraction can be used as an example of a law (...) which was discovered but put aside. The use of the law to construct lenses can be seen in Ibn Sahl’s hyperbolical lenses. Al Farisi’s method of “cones” is used for the interpretation of the rainbow. Al Farisi’s model was discovered again by Descartes. These models were not able to explain the supernumerary arcs. For this reason a simple wave model is presented. The models proposed by Al Haytham of atmospheric refraction can be used to show that refraction actually cannot be considered as the cause of the change of the size of the moon. Finally Huygens model of refraction in the atmosphere is used to introduce the wave fronts as more fundamental than rays. (shrink)

Cet article traite de la technique de construction et de l’utilisation des mezzanines à Délos au iie s. av. J.‑C. Il présente les critères d’identification et le procédé d’installation d’une mezzanine et explique les principes des restitutions que nous proposons. Nous tentons de calculer les charges que les mezzanines pouvaient supporter. Les mezzanines servaient surtout au stockage. Leur présence permet de tirer des conclusions sur le fonctionnement des pièces qui en étaient munies. Les mezzanines étaient une particularité de Délos, liée (...) au développement rapide du commerce et au manque d’espace commercial, ce qui explique pourquoi elles ne se retrouvent pas ailleurs en Grèce et que les constructions analogues que l’on trouve en Italie ont un caractère différent. (shrink)

Ce travail ambitionne inaugurer la thématisation d'une phénoménologie de la perception chez Heidegger. En prenant le contre-pied de bien des interprétations récentes concernant de questions cruciales de l'ontologie heideggerienne, notamment celles de l'articulation temporelle du présent et de la distinction entre Zuhandenheit et Vorhandenheit, il défend la thèse inattendue que la temporalité de la perception sert de fil conducteur de l'ontologie heideggerienne du temps, dans la mesure où elle impose la scission de la temporalité en modes authentiques et modes inauthentiques. (...) Notre commentaire serré sur les textes de l'époque de Marbourg fera apparaître que l'opposition entre la temporalité authentique de la perception `naturelle', identifiée positivement à la circonspection, et la temporalité inauthentique de la perception `théorique' ne résume pas simplement la critique heideggerienne de Husserl, mais contribue, avant tout, à ouvrir un espace critique dans la problématique phénoménologique de la perception dans son évolution de Husserl jusqu'à Merleau-Ponty. This book claims to inaugurate the thematization of a phenomenology of perception in Heidegger. Running counter to many recent interpretations concerning crucial questions of Heideggerian ontology (particularly the temporal articulation of present and the distinction between Zuhandenheit and Vorhandenheit), it defends the unexpected thesis that the temporality of perception serves as a conductor of the Heideggerian ontology of time, by splitting temporality into authentic and unauthentic modes. Concise commentary on the texts of the Marburg period show that the opposition between the authentic temporality of `natural' perception (positively identified as circumspection) and the unauthentic temporality of `theoretical' perception does not merely summarize the entire Heideggerian critique of Husserl but, above all, helps to open a decisive path in the phenomenological account of perception in its evolution from Husserl to Merleau-Ponty. (shrink)

Nous posons à Aristote une question bien claire : en quoi consiste l'autonomie de la Raison pratique? Cette autonomie ne sera pas assuree par la Raison kantienne et sa prétention à l'universalité mais par une " perception morale " (aisthesis), par la phronésis. Notre entreprise fait avancer la question d'un pas supplémentaire. Elle prétend imprimer à la réponse aristotelicienne une orientation précise, étant donné qu'elle fait dépendre cette autonomie de la possibilite d'une ontologie (c'est-à-dire, d'une phénoménologie) de l'action morale. Notre (...) position peut donc s'annoncer ainsi : la phronésis, en tant qu'accès aux principes de la prakis, constitue la condition de possibilite de toute action morale. La fonction de la phronésis se trouvera éclairée à travers l'analyse du problème de l'altérité, de la reconnaissance de l'autre. Cet autre " en chair et en os ", nous le rechercherons dans l'ami aristotélicien. La structure de l'amitié sera déterminée dans son opposition par rapport aux modèles de la techné et de la Sophia, ce qui conduira finalement à l'autonomie de la sphère pratique. Si cette description de la praxis s'avère être effectivement en adéquation avec les phénomènes eux-mêmes, nous aurons ouvert une voie destinée à faire apparaitre une coïncidence de l'ontologie et de la morale, auquel cas l'ontologie de la praxis reflétera les principes du " bien agir " lui-même. (shrink)