This paper argues that human dignity is a sui generis status principle whose function lies in unifying our normative orders. More fully, human dignity denotes a basic status to be preserved in any institution or process; it is a principle demanding determination in different contexts; and it has its most characteristic application where the legal, moral, and political place competing obligations on individuals. The implication of this account is that we should not seek to reduce human dignity to either a (...) legal norm or a legal principle. (shrink)

Both of Spinoza’s major political works make frequent use of the concept of right (jus). However, his understanding of right–both natural right and political right–is not moralistic. That is, to have (a) right is not an intrinsic moral status, such that others have a moral obligation either to provide some benefit or to avoid interference with the rightsholder. For Spinoza, if someone lacks the actual power to take some action or secure some benefit, they also lack the right to take (...) that action or obtain that benefit. The same point applies to political authorities: when a political authority lacks the power to enact some law, it is simply false that they have the right to enact that law. Spinoza holds that in our political thinking, we must confront the actual distribution of power in the world, not "a Fantasy, possible only in a Utopia, or in the golden age of the Poets" (TP1.1). This entry examines three components of Spinoza’s view of right: his doctrine of natural right; his account of how people transfer their natural right to a central authority to form a civil order; and his notion of being sui juris, in command of one’s own right. (shrink)

In his final, incomplete Tractatus Politicus (1677), Spinoza’s account of human power and freedom shifts towards a new, teleological interest in the ‘highest good’ of the state in realising the freedom of its subjects. This development reflects, in part, the growing influence of Aristotle, Machiavelli, Dutch republicanism, and the Dutch post-Rampjaar context after 1672, with significant implications for his view of political power and freedom. It also reflects an expansion of his account of natural right to include independence of mind, (...) a model of autonomy that in turn shapes the infamous sui juris exclusions of his unfinished account of democracy. This article focuses specifically on the Tractatus Politicus, a hitherto under-addressed work in Spinoza’s corpus and one too often considered indistinct from his earlier Tractatus Theologico-Politicus (1670). It argues for a reconsideration of its importance to early modern political thought, particularly regarding the role of the state in realising the freedom and harmony of its subjects through reasonable laws. (shrink)

To study Judicial determinants of the ordered obstetrical and fertility interventions. Nature, corresponding laws, decisions upon the 37 expounded holdings at the Probate, Trial, District, Appellate, and Supreme Courts are studied in 92 published materials identified through the ACOG, RCOG, SOCG portals, and Legal Scholarship Repository. Hearings are held in the US (83.8 %), Canada (10.8 %) and U.K (5.4 %). Of all the hearings reviewed, 27 % concern mentally impaired, 37.8 %-maternal incompetence, and 21.6 % cases are of criminal (...) nature. The Judicial determinants vary from country to country. In Canada, the ordered medical interventions are effected by the child protection legislation, whereas in the US, by court orders. In majority of cases, orders are obtained by dismissing the patriae petitions for involuntary sterilizations of mentally impaired sui juris adults (57 %); coerced obstetrical interventions (33.3 %), fetal custody (50 %); enforcement of surrogacy contracts (62.5 %) in favor of the Common Humanity Benefit clause; and recognizing the rights to inherit in posthumously conceived children (80 %) pursuant to the Social Security Act, Law of obviousness, Law of inherent anticipation, and Intestacy statute. Current study prioritizes two questions: (1) whether it is justified to override the wishes of a competent patient purportedly in her best interests; and (2) whether the patient’s autonomy and competence is an absolute concept. With the law unsettled as to a woman’s right to assent a treatment and contradict her fetus, parties concerned with fetal rights should consider exercising of screening tools on maternal judgmental fitness jointly developed by medical and legal practitioners. Further, given the advances in gamete conservations, states consider enacting legislation in order to safeguard the orderly administration of estates disrupted by claims from posthumously conceived children. A balance must be struck between the child’s right to inherit, the state’s interest, as well as the interests of prior born children. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 6, Page 882-903, July 2022. Indigenous conservation through patrimonialization is the product of political and legal decisions made by a non-indigenous agent: the liberal state, using the law to retain a form of bios. We propose that patrimonialization is the device by which liberal states have processed and integrated indigenous claims into a form of bios ultimately designed to safeguard state legal structures. We argue that, to uphold the rule of law in contexts (...) of struggle and resistance that challenge the very understanding of the law, states respond by wielding the law in the form of the rule by law, that is, pushing the law to the limit to give normative content to the criteria by which the state conducts its affairs, without straying from the individual rights framework. We hold that the rule by law is an operation that defines the patrimonialization of indigenous peoples. It increases their visibility while imposing limits on political action to keep them from becoming sui juris subjects capable of breaching the distinction between zoe and bios. In this article, we try to understand the political–ideological intent of these decisions, the intentions beyond the letter of the law of patrimonialized peoples. (shrink)

Spinoza es un filósofo que, en pleno siglo XVII, propone una reforma no sólo del pensamiento, sino también, por y en virtud de ésta, una respecto del deseo. Este término aparece en Ética tanto con la noción de cupiditas, esencia del hombre, sinónimo de términos como potencia, acción y virtud, pero también con desiderium, cuya traducción más literal es la de deseo, pero que bajo el cuño interpretativo de su obra, ha sido traducida al español con términos como frustración, anhelo, (...) añoranza, nostalgia. Se pretende establecer aquí la distinción entre ambos y situar de modo tentativo las consecuencias ontológicas, éticas y políticas del afecto de desiderium como base para pensar la propiedad como posesión –en su vinculación con el amor- en el marco de la Ética. (shrink)

The “black page” in Spinoza’s Political Treatise has been much discussed and interpreted. These can be roughly divided into three groups: Approaches that see the “black page” as an extension of Spinoza’s theory of the passions and imagination; approaches that maintain that Spinoza excluded women from politics not because of their innate weaknesses but because of their social conditions; approaches that maintain that he excluded women because he saw them as weaker beings, but this contradicts his certain accounts, especially in (...) the Ethics. In this paper, I take the latter view. My contribution is to argue that this contradiction is not unique to the Ethics. I pursue my reading along two lines, one ontological and one political. In the first, I focus on the continuity between the Ethics and the Political Treatise and show that the “black page” is also inconsistent with the ontology and methodology of the Political Treatise itself. In the second, I argue that the exclusion of women also contradicts the concept of the political absolute developed in this last work, since this concept problematizes any kind of exclusion and provides for political stability the strategic principle of increasing the number of decision-makers as much as possible. (shrink)

November 1936 PREFACE THIS book is, in slightly revised form, a dis sertation presented for the degree of Doctor of Philosophy in Yale University.

Since Popper and Lakatos, the demarcation line between science and non-science has been considered one of the fundamental issues of the philosophy of science. According to Lakatos, pseudoscience is a non-science, which appears as science, using science's public authority. Since then, mountains of texts have been published on how non-sciences, such as astrology, are not sciences. -/- But the enemy is not on the other side of the border. The enemy is in our midst. Science has been institutionalized. The best (...) way to do the pseudoscience is to fuss inside the big enterprise recognized as a science. (shrink)

This article by Juri Lotman from the third volume of Trudy po znakovym sistemam (Sign Systems Studies) in 1967, deals with the problem of artistic modelling. The general working questions are whether art displays any characteristic traits that are common for all modelling systems and which could be the specific traits that can distinguish art from other modelling systems. Art is seen as a secondary modelling system, more precisely, as a play-type model, which is characterised simultaneously by practical and conventional (...) behaviour and constant awareness of the possibility of alternate meanings to the one that is currently being perceived. At the same time art has play-like elements but is not the same as play, since play is inherently rule-bound, whereas art is a more flexible model thepurpose of which is truth. Art is a special type of modelling system, since it is on one hand suitable for storing very large amount of complex information, but onthe other hand it can increase the stored information and transform the consumer. (shrink)

This article, first published in Russian in 1984 in Sign Systems Studies, introduces the concept of semiosphere and describes its principal attributes. Semiosphere is the semiotic space, outside of which semiosis cannot exist. The ensemble of semiotic formations functionally precedes the singular isolated language and becomes a condition for the existence of the latter. Without the semiosphere, language not only does not function, it does not exist. The division between the core and the periphery is a law of the internal (...) organisation of the semiosphere. There exists boundary between the semiosphere and the non- or extra-semiotic space that surrounds it. The semiotic border is represented by the sum of bilingual translatable “filters”, passing through which the text is translated into another language (or languages), situated outside the given semiosphere. The levels of the semiosphere comprise an inter-connected group of semiospheres, each of them being simultaneously both participant in the dialogue (as part of the semiosphere) and the space of dialogue (the semiosphere as a whole). (shrink)

There is widespread agreement that the European Union is presently suffering from a lack of social justice. Yet there is significant disagreement about what the relevant injustice consists in: Federalists believe the EU can only remedy its justice deficit through the introduction of direct interpersonal transfers between people living in separate states. Intergovernmentalists believe the justice-related purpose of the EU is to enable states to cooperate fairly, and to remain internally just and democratic in the face of increased global pressure (...) on welfare states. I suggest that despite their fundamental differences, many of the most reasonable and prominent philosophical accounts of social justice in the EU nonetheless converge in their institutional prescriptions. In particular, they may each serve as a justificatory basis for introducing the European social minimum, an EU-wide income support scheme. (shrink)

Should we be worried that the concept of trust is increasingly used when we assess non-human agents and artefacts, say robots and AI systems? Whilst some authors have developed explanations of the concept of trust with a view to accounting for trust in AI systems and other non-agents, others have rejected the idea that we should extend trust in this way. The article advances this debate by bringing insights from conceptual engineering to bear on this issue. After setting up a (...) target concept of trust in terms of four functional desiderata (trust-reliance distinction, explanatory strength, tracking affective responses, and accounting for distrust), I analyze how agential vs. non-agential accounts can satisfy these. A final section investigates how ‘non-ideal’ circumstances—that is, circumstances where the manifest and operative concept use diverge amongst concept users—affect our choice about which rendering of trust is to be preferred. I suggest that some prominent arguments against extending the language of trust to non-agents are not decisive and reflect on an important oversight in the current debate, namely a failure to address how narrower, agent-centred accounts curtail our ability to distrust non-agents. (shrink)

Nakba is ignored in Western philosophy encyclopedias, and the notion of genocide is rarely explained. In turn, there is much talk about the Holocaust.

It is shown to be consistent that the reals are covered by ℵ1 meagre sets yet there is a Baire class 1 function which cannot be covered by fewer than ℵ2 continuous functions. A new cardinal invariant is introduced which corresponds to the least number of continuous functions required to cover a given function. This is characterized combinatorially. A forcing notion similar to, but not equivalent to, superperfect forcing is introduced.

Juri Lotman. Mask in an artistic world of Gogol, and the masks of Anatoli Kaplan. The paper deals with an intersemiotic problem — how it is possible to represent a verbal image by the means of sculpture. It was written as an afterword for a German edition of N. Gogol’s Dead Souls (illustrated by photos on mask-sculpures by Anatoli Kaplan) thus using a style meant for general reader. However, it includes a deep analysis and several important conclusions about the fancy (...) worlds of Gogol and Kaplan, and about the possibilities to create connections between them. It is stressed that the very artistic illustration is possible only due to its independence, due to the subjective seeing of the author. (shrink)

El presente trabajo esboza la doctrina suareciana sobre el ejercicio del poder soberano en el contexto ideológico de la llamada Escuela de Salamanca, haciendo foco en la factibilidad de la resistencia al mismo, en los casos de tiranía y vinculando tal resistencia a la clave fundamental de la comunidad política que es el bien común, al cual está ordenada la potestad soberana. Nos interesa confrontar esta doctrina con la de un autor contemporáneo a Suárez y clásico por sus aportes a (...) la noción de soberanía de la República como lo fue Jean Bodin, con sus Seis Libros de la República. (shrink)

This article aims through a study of the epigraphy of Pope Damasus, to reconstruct the ideal society that was shown to the pilgrim who went to the loca sanctorum in the Urbs. Taking into account the pastoral, political and ideological elements of Damasian epigraphy, it shows that the choice of martyrs and subjects which were celebrated responded to the increasing numbers of nobles within Roman Christian society after the peace of Constantine. Damasus tried to accommodated himself to the sensibilities of (...) the minor aristocracy of Rome and the emerging clergy, without renouncing its hierarchical organization of the Church in line with the social and ecclesial tendencies of the second half of the fourth century, when Roma christiana came into being. (shrink)

The aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent examples, publicity (...) has been a rather neglected topic in the ever-expanding literature on Kant’s political ideas. Revisiting this notion will make us more attentive to his evocation of the “spirit of republicanism” over and above the letter of the law, and might prompt us to reconsider Kant’s reputation as a classical representative of liberal political thought. Indeed, it should inspire us to situate Kant’s appeal for the “public use of reason” in the vicinity of the republican ideal of political liberty. (shrink)

Spontaneous Infra-Slow Fluctuations of the human EEG were discovered 60 years ago when appropriate amplifiers for their recordings were designed. To avoid skin-related artifacts the recording of EEG-ISFs required puncturing the skin under the electrode. In the beginning of the 21st century the interest in EEG-ISFs was renewed with the appearance of commercially available DC-coupled amplified and by observation of ISFs of the blood oxygen level–dependent functional magnetic resonance imaging signal at a similar frequency. The independent components of irregular EEG-ISFs (...) were shown to correlate with BOLD signals which in turn were driven by changes in arousal level measured by galvanic skin response, pupil size and HRV. There is no consensus regarding the temporal organization of EEG-ISFs: some studies emphasize the absence of peaks on EEG-ISFs spectra, some studies report prominent oscillations with frequency around 0.1 or 0.02 Hz, while some emphasize multiple discrete infraslow oscillations. No studies used parameters of EEG-ISFs as neuromarkers to discriminate psychiatric patients from healthy controls. Finally, a set of working hypotheses is suggested that must be tested in future research to solve the enigma of EEG-ISFs. (shrink)

European Journal of Philosophy, Volume 30, Issue 2, Page 546-564, June 2022.

This contribution investigates a specific agricultural protest movement that emerged towards the end of the Second World War in Western Switzerland. In the spring of 1945, dissatisfied farmers in the French-speaking part of Switzerland founded the “Union Romande des Agriculteurs” (URA), a peasant opposition movement that struggled against both the increasing power of the state and the existing farmers’ organizations in regulating agriculture and the disintegrating impact of industrial capitalism on the livelihoods and way of life of farming communities. In (...) the fall of 1945 and 1947, the URA organized two milk delivery strikes to mobilize fellow farmers to join the URA’s resistance. They also founded their own journal, tellingly called _Le Paysan Enchâiné_ – “The Chained Peasant.” The leaders of the movement were later brought to the courts and condemned to harsh punishments for their non-compliance with the milk delivery obligations that emanated from the war economy regime and that were still in force after the war. The story of the URA’s milk delivery strikes and its suppression by the state and the official farmers’ organizations is also a story of farmers’ use of symbolic practices with which they forged their identity as an opposition movement and by which they demanded political legitimacy for their claims. By taking a closer look at the activities of this movement and investigating the performance of the URA’s protests, as well as the symbolic meanings they attached to them, this article attempts to decipher the often-intangible political symbolism and ritual character that shaped their protesting, at the crossroads of long-standing traditions of peasant resistance and the new challenges farmers were facing in the transformation of mid-20th century agriculture. (shrink)

Many attempts have been made to solve Hume's problem. However, the assumptions leading to the problem have remained largely unnoticed. Moreover, since Goodman introduced the predicate "grue", philosophers without relevant mathematical education have been confused. In addition, various delusive arguments from convergence have been presented. In this book, it is maintained that knowledge has to be feasible and relevant and that several solutions fail to meet that demand. It is argued that the crucial presupposition of the problem of induction is (...) that clairvoyance is impossible and that this presupposition is unproven. Generalized Goodman predicates are introduced. To criticize arguments from convergence, the notion of "undecided game" is introduced. A relationship between Zeno's paradox and the problem of induction is revealed. A distinction between "do not know" and "cannot know" is consistently held. It is concluded that, as yet, we do not know the future and that it is impossible to prove that it is impossible to know the future. This book should be useful to professionals in epistemology and philosophy of science, and might be of interest to logicians and mathematicians. (shrink)

It is shown to be consistent with set theory that every set of reals of size ℵ1 is null yet there are ℵ1 planes in Euclidean 3-space whose union is not null. Similar results will be obtained for other geometric objects. The proof relies on results from harmonic analysis about the boundedness of certain harmonic functions and a measure theoretic pigeonhole principle.

It is shown that the product of finitely many sequential, CLP-compact spaces is CLP-compact.