ABSTRACTThis article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle (...) of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex ac... (shrink)

Through a detailed re-reading of Saussure's work in the light of contemporary developments in the human, life and physical sciences, Paul Thibault provides us with the means to redefine and refocus our theories of social meaning-making. Saussure's theory of language is generally considered to be a formal theory of abstract sign-types and sign-systems, separate from our individual and social practices of making meaning. In this challenging book, Thibault presents a different view of Saussure. Paying close attention to the (...) original texts, including the Cours de Linguistic Generale, he demonstrates that Saussure was centrally concerned with trying to formulate a theory of how meanings are made. In addition to demonstrating the continuing viability of Saussure's thinking through a range of examples, Re-reading Saussure makes an important intervention in contemporary linguistic and semiotic debate. (shrink)

There is growing interest for implementing tools to monitor cognitive performance in naturalistic work and everyday life settings. The emerging field of research, known as neuroergonomics, promotes the use of wearable and portable brain monitoring sensors such as functional near infrared spectroscopy (fNIRS) to investigate cortical activity in a variety of human tasks out of the laboratory. The objective of this study was to implement an on-line passive fNIRS-based brain computer interface to discriminate two levels of working memory load during (...) highly ecological aircraft piloting tasks. Twenty eight recruited pilots were equally split into two groups (flight simulator vs. real aircraft). In both cases, identical approaches and experimental stimuli were used (serial memorization task, consisting in repeating series of pre-recorded air traffic control instructions, easy vs. hard). The results show pilots in the real flight condition committed more errors and had higher anterior prefrontal cortex activation than pilots in the simulator, when completing cognitively demanding tasks. Nevertheless, evaluation of single trial working memory load classification showed high accuracy (>76%) across both experimental conditions. The contributions here are two-fold. First, we demonstrate the feasibility of passively monitoring cognitive load in a realistic and complex situation (live piloting of an aircraft). In addition, the differences in performance and brain activity between the two experimental conditions underscore the need for ecologically-valid investigations. (shrink)

Cet article examine la question de l’attention dans son rapport à l’admiration, dont le traitement fait apparaître de profondes divergences entre les Passions de l’âme et l’ Éthique. Dans Les Passions de l’âme, Descartes propose une genèse passionnelle de l’attention, dont la destination gnoséologique est assurée par un acte de la volonté qui transcende les perceptions de l’âme. À l’inverse, dans l’ Éthique, la connaissance ne dépend pas de l’exercice d’une faculté autonome, elle est immanente à l’ordre des idées, ce (...) à quoi l’admiration fait irréductiblement obstacle. La critique spinoziste de l’admiration s’accompagne alors d’une refonte du statut de l’attention et repose sur la critique de la partition cartésienne des facultés de l’âme. Nous montrerons néanmoins que l’attention a une fonction positive sous la forme d’une présence à soi de l’esprit qui veille à l’enchaînement en lui des idées vraies. (shrink)

Research indicates that nature offers many physical and mental health benefits, including restoration – or recovery from mental fatigue. However, questions remain about what exactly in one's environment is experienced as restorative and why. Bridging environmental aesthetics, environmental psychology and cultural studies, this study establishes a connection between landscape and mindscape as seen, for instance, in the ways in which an orderly environment is interpreted as an orderly state of mind and vice versa. Using data drawn from a qualitative survey (...) targeting expatriate Finns, the article mobilises content analysis to interpret the results and concludes that a ‘favourite place’ is aesthetically appealing, enables actions that are experienced as restorative and is as much an interpretation of a space as a physical place. (shrink)

One of the most perplexing paradoxes of toleration concerns the ‘tolerant racist’. According to most current definitions of toleration, a person is considered tolerant if, and only if, 1) he refrains from interfering with something 2) he deeply disapproves of, 3) in spite of having the power to interfere. Hence, a racist who refrains from discriminating against members of races he considers inferior despite having the power to do so, should be considered a tolerant person. Moreover, a person can apparently (...) become more tolerant by increasing the range or degree of his racist disapproval, just as long as he continues not to act against the objectionable object. This paper examines this strongly counterintuitive implication of the standard concept of toleration, by considering in full the meaning and nature of racism(s) and focusing on the power component of toleration. It explores both an exclusive solution and an accommodating solution to the paradox. The first part of the paper shows that none of the standard agent-oriented views of racism — doxastic, dispositional or volitional — adequately supports either solution. The second part of the paper turns to another, structural account of racism and toleration. It suggests that taking into account an institutional interpretation of toleration as non-domination and adopting a more socio-political perspective on racism provides an accommodating solution to the paradox. (shrink)

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.

It is highly now intuitive that the future is open and the past is closed now—whereas it is unsettled whether there will be a fourth world war, it is settled that there was a first. Recently, it has become increasingly popular to claim that the intuitive openness of the future implies that contingent statements about the future, such as ‘There will be a sea battle tomorrow,’ are non-bivalent (neither true nor false). In this paper, we argue that the non-bivalence of (...) future contingents is at odds with our pre-theoretic intuitions about the openness of the future. These intuitions are revealed by our pragmatic judgments concerning the correctness and incorrectness of assertions of future contingents. We argue that the pragmatic data together with a plausible account of assertion shows that in many cases we take future contingents to be true (or to be false), though we take the future to be open in relevant respects. It follows that appeals to intuition to support the non-bivalence of future contingents are untenable. Intuition favours bivalence. (shrink)

International law’s legitimacy has come under serious attack lately, including, and maybe even more so, in regimes considered democratic. Reading Dworkin’s New Philosophy for International Law in the current context is a timely reminder of the centrality of the political legitimacy of international law. Interestingly, indeed, his account does not succumb to the (however progressive) cosmopolitan ideal of an international political community. Nor is it reducible to a concern for domestic justice in which political legitimacy is only self-regarding. By revisiting (...) seventeenth century international legal theories, Dworkin sends both cosmopolitans and statists back-to-back. He (re-)discovers a third way in which to conceive of statehood today: not on its own, but in a mirror-image fashion and against the background of the international institutional order without which there would be no equal sovereign States, but no individual equality either. Carrying Dworkin’s argument forward, this article identifies and discusses three of its crucial contributions with respect to the objects, subjects and institutions of international legitimacy that deserve further attention. It concludes with different proposals regarding the design and organization of other international institutions than States, both public and private, by reference to their relationship to States (and their people). According to Dworkin, this should enable us to improve not only the legitimacy of the international institutional order as whole, but also the political legitimacy of each State therein since both are mutually related. (shrink)

ABSTRACT This article argues that Frantz Fanon’s critique of the epistemology of the colonial situation is a complex, pluralized, epistemology of ignorance, where ignorance takes three main forms. Fanon first produces a critique of colonial ideology, in which ignorance is the product of the colonizers’ false justificatory ideology. Fanon unveils how Europeans, through human sciences such as “ethnopsychiatry” and “ethnophilosophy,” deliberately produce ignorance and devaluation of colonized subjects and colonized knowledge for purposes of domination. Second, ignorance is the unintentional result (...) of the partial, situated, standpoint of embodied knowers. Fanon does not intend to substitute a “black truth” to white ideology. He rather insists that while truth is unattainable under colonial conditions, the affective perspective of the oppressed/colonized is a necessary constitutive part of any objective account of the world. Third, by analyzing the “Conducts of confession in North Africa,” characterized by deliberate denial, lies, and opacity as resistance mechanisms, Fanon insists that no objective knowledge is possible in a colonial situation because of the total separation, and impossible epistemic collaboration, of dominant and dominated knowers. An anticolonial politics has to focus on producing the conditions of possibility of knowledge. (shrink)

Driven by technological innovations, newborn screening (NBS) panels have been expanded and the development of genomic NBS pilot programs is rapidly progressing. Decisions on disease selection for NBS are still based on the Wilson and Jungner (WJ) criteria published in 1968. Despite this uniform reference, interpretation of the WJ criteria and actual disease selection for NBS programs are highly variable. A systematic literature search [PubMED search “Wilson” AND “Jungner”; last search 16.07.22] was performed to evaluate the applicability of the WJ (...) criteria for current and future NBS programs and the need for adaptation. By at least two reviewers, 105 publications (systematic literature search, N = 77; manual search, N = 28) were screened for relevant content and, finally, 38 publications were evaluated. Limited by the study design of qualitative text analysis, no statistical evaluation was performed, but a structured collection of reported aspects of criticism and proposed improvements was instead collated. This revealed a set of general limitations of the WJ criteria, such as imprecise terminology, lack of measurability and objectivity, missing pediatric focus, and absent guidance on program management. Furthermore, it unraveled specific aspects of criticism on clinical, diagnostic, therapeutic, and economical aspects. A major obstacle was found to be the incompletely understood natural history and phenotypic diversity of rare diseases prior to NBS implementation, resulting in uncertainty about case definition, risk stratification, and indications for treatment. This gap could be closed through the systematic collection and evaluation of real-world evidence on the quality, safety, and (cost-)effectiveness of NBS, as well as the long-term benefits experienced by screened individuals. An integrated NBS public health program that is designed to continuously learn would fulfil these requirements, and a multi-dimensional framework for future NBS programs integrating medical, ethical, legal, and societal perspectives is overdue. (shrink)

The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

In this paper, I address a key argument in favour of logical expressivism, the view that knowing a logical principle such as Modus Ponens is not a cognitive state but a pro-attitude towards drawing certain types of conclusions from certain types of premises. The argument is that logical expressivism is the only view that can take us out of Lewis Carroll's Regress – which suggests that elementary deductive reasoning is impossible. I show that the argument does not hold scrutiny and (...) that logical cognitivism can be vindicated. In the course of the discussion, I draw substantially on a comparison with a similar argument in meta-ethics, for moral expressivism. (shrink)

This paper considers the problem of assigning meanings to empty natural kind terms. It does so in the context of the Twin-Earth externalist-internalist debate about whether the meanings of natural kind terms are individuated by the external physical environment of the speakers using these terms. The paper clarifies and outlines the different ways in which meanings could be assigned to empty natural kind terms. And it argues that externalists do not have the semantic resources to assign them meanings. The paper (...) ends on a sceptical note concerning the fruitfulness of using the Twin-Earth setting in debates about the semantics of empty natural kind terms. (shrink)

This paper argues that the prominent accounts of logical knowledge have the consequence that they conflict with ordinary reasoning. On these accounts knowing a logical principle, for instance, is having a disposition to infer according to it. These accounts in particular conflict with so-called ‘reasoned change in view’, where someone does not infer according to a logical principle but revise their views instead. The paper also outlines a propositional account of logical knowledge which does not conflict with ordinary reasoning.

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...) more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict. (shrink)

This paper considers the question of what knowing a logical rule consists in. I defend the view that knowing a logical rule is having propositional knowledge. Many philosophers reject this view and argue for the alternative view that knowing a logical rule is, at least at the fundamental level, having a disposition to infer according to it. To motivate this dispositionalist view, its defenders often appeal to Carroll’s regress argument in ‘What the Tortoise Said to Achilles’. I show that this (...) dispositionalist view, and the regress that supposedly motivates it, operate with the wrong picture of what is involved in knowing a logical rule. In particular I show that it gives us the wrong picture of the relation between knowing a logical rule and actions of inferring according to it, as well as of the way in which knowing a logical rule might be a priori. (shrink)

I address a type of circularity threat that arises for the view that we employ general basic logical principles in deductive reasoning. This type of threat has been used to argue that whatever knowing such principles is, it cannot be a fully cognitive or propositional state, otherwise deductive reasoning would not be possible. I look at two versions of the circularity threat and answer them in a way that both challenges the view that we need to apply general logical principles (...) in deductive reasoning and defuses the threat to a cognitivist account of knowing basic logical principles. (shrink)

The chapter's concern is meta‐theoretical and pertains to the nature of human rights theory. Interestingly, most human rights theorists do not spend much time stating what their theory is a theory of, and hence what kind of theory it should be. The chapter argues in favour of taking the legal dimension of human rights more seriously and, more specifically, for a legal theory of human rights. Making human rights law the object of human rights theory has two advantages: one substantive (...) and the other methodological. First of all, it makes for a deeper understanding of the nature of human rights as a practice, and hence of many questions in human rights theory. A second benefit lies in the resources of legal theorizing, and in particular the latter's experience in explaining and evaluating normative practises. A related contribution of the proposed legal human rights theory is that it can bridge the gap that has grown within existing human rights theories between human rights practice and human rights standards, and so‐doing reconcile so‐called “political” and “ethical” human rights theories out of their sterile opposition. (shrink)

Analyse : Concerne en grande partie la vie et l'oeuvre du pédagogue à Yverdon.

The concepts underlying our present theoretical understanding of the radiative two-condensed-body problem in general relativity and in bimetric gravitation theory are critically reviewed. The relevance of the 1935 Einstein-Rosen “bridge” article is emphasized. The possibility (first suggested by N. Rosen, for the linearized approximation) of extending to gravity the Wheeler-Feynman time-symmetric approach is questioned.

Les réseaux et systèmes d’information jouent un rôle essentiel dans la société. Un ensemble de dispositions visent à assurer leur sécurité a été adopté. L’objectif est de prévenir les cyber-risques. Pour cela, les opérateurs sont tenus de mettre en place des mesures techniques et organisationnelles adaptées aux risques posés par les réseaux et systèmes d’information, les produits, services et processus numériques. À partir de l’ensemble de ces dispositions, il est possible de découvrir un devoir général de sécurité numérique.

ABSTRACTThe incorrect conceptualization and evaluation of reparations for colonial slave trade and slavery within the legal, as opposed to the political, domain, produces an interpretation of the demands in France that views them as morally absurd and politically deleterious. I’ll use Iris Marion Young’s distinction between a liability model and a social connection model of responsibility to suggest that the moral claim according to which we can be held responsible today for redressing the structural injustices inherited from slave trade and (...) slavery is not irrational, nor motivated by a political will to divide the body politic between blamed perpetrators and innocent victims. I’ll first analyze the difficulties posed by the liability model by focusing on a specific legal case, MIR and CMDP vs. French state. Then I’ll argue that using a political model of responsibility solves conceptual and normative issues and allows us to understand why, and to what extent, we are responsible for redressing the structural racial injustice that endures in French society. (shrink)

It is disputed what norm, if any, governs assertion. We address this question by looking at assertions of future contingents: statements about the future that are neither metaphysically necessary nor metaphysically impossible. Many philosophers think that future contingents are not truth apt, which together with a Truth Norm or a Knowledge Norm of assertion implies that assertions of these future contingents are systematically infelicitous. In this article, we argue that our practice of asserting future contingents is incompatible with the view (...) that they are not truth apt. We consider a range of norms of assertion and argue that the best explanation of the data is provided by the view that assertion is governed by the Knowledge Norm. (shrink)

John MacFarlane has recently argued that his brand of truth relativism provides the best solution to the puzzle of future contingents: assertions about the future that express propositions that are metaphysically neither necessary nor impossible. In this paper, we show that even if we grant all of the metaphysical, semantic and pragmatic assumptions in terms of which MacFarlane sets and aims to solve the puzzle, his truth relativism is not apt to solve the problem of future contingents. We argue that (...) the theory fails to vindicate the intuition that future contingent propositions are neither true nor false, leaving the theory open to a charge of Reductio. We show that these problems cannot be answered while preserving the core tenets of truth relativism. (shrink)

This paper concerns connection between knowing or accepting a logical principle such as Modus Ponens and actions of reasoning involving it. Discussions of this connection typically mention the so-called ‘Lewis Carroll Regress’ and there is near consensus that the regress shows something important about it. Also, although the regress explicitly concerns logic, many philosophers think that it establishes a more general truth, about the structurally similar connection between epistemic or practical principles and actions involving them. This paper’s first aim is (...) to address key interpretations Carroll’s regress as clearly as possible so as to show precisely how it might be relevant to questions concerning the connection between logical knowledge and reasoning, and, more broadly, to discussions of how epistemic or practical principles may be action-guiding. Its second aim is to show that the regress fails to establish anything of substance about the connection between logical knowledge and reasoning, or any other structurally similar relation, unless substantive, contentious and typically undefended assumptions are made. The consensus is thus on shaky ground. (shrink)

The current study investigates classroom interactivity in L2 tertiary literature classrooms in Hong Kong and Taiwan when ESL/efl students engage with and interpret literary texts in classroom talk as a pedagogic process of text recontextualization. It proposes a more ecological-based approach to language and languaging dynamics that is complementary to current social semiotic approaches to multimodality. It also aims to open up a more embodied analysis of the meaning-making process in tertiary literature classrooms. The multimodal investigation of real-time classroom interactivity (...) based on a multi-scalar approach showcases an embodied coordination of vocalization and gesticulation as integral aspects of the dynamic whole-body sense-making activity that arises in the pedagogic process of text recontextualization. The dynamics vary from students’ solo speech in individual presentation to teacher–student interactions in group discussion and to student–student interactions in role-play. The distributed language view of first-order languaging dynamics demonstrates the embodied and distributed dimensions of the real-time classroom interactivity that couples pedagogic subjects to the affordances of their pedagogic environment. It also provides insights into the impact of pedagogic activities on the multi-scalar dynamics of the meaning-making process with reference to embodied speech–gesture coordination. The paper demonstrates the value of applying an ecologically embodied perspective to multimodal studies in classroom research and stimulates a re-thinking of some of the important aspects of classroom interactivity that have received little attention thus far. (shrink)

English summary: The concept of race has historically been employed to justify multiple forms of injustice: exploitation, oppression, even annihilation of entire human populations. In order to fight racism, it may seem logical to want to permanently eliminate the concept that forms its basis. This volume, however, argues against elimination and instead aims to reduce racial inequality by requiring an analytical and critical use of the concept of race. Socially constructed racial categories today are hidden in many legal and administrative (...) policies. To not name them would be to not reveal their discriminatory effects. French text.French description: Le concept de race--et ses déclinaisons catégorielles--a été historiquement enrôlé pour justifier de multiples formes d'injustice : discrimination, exploitation, oppression, voire annihilation de groupes entiers de l'humanité. Pour lutter contre le racisme, il a donc pu sembler cohérent de vouloir définitivement disqualifier le concept qui en constituerait le fondement. Ce livre défend pourtant la thèse adverse : entreprendre de réduire les inégalités raciales exige un usage analytique et critique du concept de race. Socialement construites, les catégories raciales sont aujourd'hui à l'oeuvre, de manière plus ou moins masquée, dans de nombreuses pratiques administratives, juridiques et politiques. Ne pas les nommer, c'est s'interdire d'en débusquer les effets discriminatoires. Une philosophie politique soucieuse de penser l'injustice sociale sous toutes ses formes, mettant sa compétence propre de clarification conceptuelle au service d'un engagement politique, se doit d'affonter la question raciale. (shrink)

Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels and maybe even at the same governance level albeit beyond the state. The article does so in three (...) steps. The first prong of the argument is dedicated to presenting the moral-political nature of human rights and their relationship to political equality and, hence, their inherent legal nature from a democratic theory perspective. The second section of the article then draws some implications for the domestic or international levels of legal recognition and specification of human rights by reference to their legitimation within the domestic democratic community. It explains the mutual relationship between human rights and citizens’ rights and where international human rights draw their democratic legitimacy from. In the third and final section, the author discusses potential changes in the nature and legitimacy of international human rights once political structures beyond the state become more democratic, and human rights and democracy are being recoupled again at various levels of governance. The European Union being one of the most advanced examples of post-national political integration, recent developments in the regime of human rights protection within the EU are discussed in this new light. In a final step, the transposition to the global level of the argument developed in the European case is assessed and the author flags issues for further research on what democratic theorists should hope for in the new global order.Keywords: democracy; human rights; legitimacy; citizens’ rights; Maus; right to have rights; Arendt; legal rights; international law; EU; global institutions; Habermas; Lafont. (shrink)

European Journal of Philosophy, EarlyView.

A paradigmatic case of rigidity for singular terms is that of proper names. And it would seem that a paradigmatic case of rigidity for general terms is that of natural kind terms. However, many philosophers think that rigidity cannot be extended from singular terms to general terms. The reason for this is that rigidity appears to become trivial when such terms are considered: natural kind terms come out as rigid, but so do all other general terms, and in particular all (...) descriptive general terms. This paper offers an account of rigidity for natural kind terms which does not trivialise in this way. On this account, natural kind terms are de jure obstinately rigid designators and other general terms, such as descriptive general terms, are not. (shrink)

Knowledge of the basic rules of logic is often thought to be distinctive, for it seems to be a case of non-inferential a priori knowledge. Many philosophers take its source to be different from those of other types of knowledge, such as knowledge of empirical facts. The most prominent account of knowledge of the basic rules of logic takes this source to be the understanding of logical expressions or concepts. On this account, what explains why such knowledge is distinctive is (...) that it is grounded in semantic or conceptual understanding. However, I show that this cannot be the correct account of knowledge of the basic rules of logic, because it is open to Gettier-style counter-examples. (shrink)

In this paper, I examine Gilbert Ryle’s claim that ordinary competence with logical principles or rules is a kind of knowing how, where such knowledge is understood as a skill, a multi-track disposition. Ryle argues that his account of ordinary logical competence helps avoid Lewis Carroll’s famous regress argument (Carroll 1895), which suggests that elementary deductive reasoning might be impossible. Indeed, Carroll’s regress is the central motivation for Ryle’s account. I argue that this account is inadequate on two counts: it (...) cannot serve to articulate the way ordinary reasoners might exercise their knowledge in reasoning and it does not do much to help us avoid Carroll’s regress. I sketch an alternative view, still Rylean in spirit, that fares better on both counts. (shrink)