Anselm of Canterbury holds that freedom of the will is a necessary condition for moral responsibility. This condition, however, turns out to be trivially fulfilled by all rational creatures at all times. In order to clarify the necessary conditions for moral responsibility, we must look more widely at his discussion of the nature of the will and of willed action. In this paper, I examine his theory of voluntariness by clarifying his account of the sin of Satan in De casu (...) diaboli. Anselm agrees with Augustine that the sinful act cannot be given a causal explanation in terms of a distinct preceding act of will or desire or choice. He thus rejects volitionalist accounts of Satan's sin and thus of voluntary action in general. He moves beyond his predecessor, however, in insisting on the necessity of an explanation in terms of reasons, and his theory of the dual nature of the rational will is designed to meet this demand. A comparison of Satan's case with the case of the miser of De casu diaboli 3,... (shrink)

Free Will and Free Action in Anselm of Canterbury.

According to the standard reading of Anselm’s De casu diaboli 12 through 14, the angels are morally responsible only if their own wills are in a radical way within their own power. By giving to angels two wills, i.e., two basic inclinations or volitional dispositions, Anselm’s God yields to the angels room for a free choice—indeed imparts on them the necessity of such a choice: in the case where an angel’s own happiness is incommensurable with justice, the angel must choose (...) or “will” which disposition to act in accordance with. The standard reading thus takes Anselm to argue for a form of voluntarism. In this paper I argue that the underlying moral psychology of De casu diaboli is neither voluntarist nor intellectualist. A voluntarist reading renders Anselm’s views on motivation incoherent, whereas his views on the conditions of morally right action run afoul of crucial intellectualist assumptions. (shrink)

This book is a collection of studies on topics related to subjectivity and selfhood in medieval and early modern philosophy. The individual contributions approach the theme from a number of angles varying from cognitive and moral psychology to metaphysics and epistemology. Instead of a complete overview on the historical period, the book provides detailed glimpses into some of the most important figures of the period, such as Augustine, Avicenna, Aquinas, Descartes, Spinoza, Leibniz and Hume. The questions addressed include the ethical (...) problems of the location of one's true self and the proper distribution of labour between desire, passion and reason, and the psychological tasks of accounting for subjective experience and self-knowledge and determining different types of self-awareness. (shrink)

We argue that prediction success maximization is a basic objective of cognition and cortex, that it is compatible with but distinct from prediction error minimization, that neither objective requires subtractive coding, that there is clear neurobiological evidence for the amplification of predicted signals, and that we are unconvinced by evidence proposed in support of subtractive coding. We outline recent discoveries showing that pyramidal cells on which our cognitive capabilities depend usually transmit information about input to their basal dendrites and amplify (...) that transmission when input to their distal apical dendrites provides a context that agrees with the feedforward basal input in that both are depolarizing, i.e., both are excitatory rather than inhibitory. Though these intracellular discoveries require a level of technical expertise that is beyond the current abilities of most neuroscience labs, they are not controversial and acclaimed as groundbreaking. We note that this cellular cooperative context-sensitivity greatly enhances the cognitive capabilities of the mammalian neocortex, and that much remains to be discovered concerning its evolution, development, and pathology. (shrink)

There is much to admire in John Pittard’s recent book on the epistemology of disagreement. But here we develop one concern about the role that rational insight plays in his project. Pittard develops and defends a view on which a party to peer disagreement can show substantial partiality to his own view, so long as he enjoys even moderate rational insight into the truth of his view or the cogency of his reasoning for his view. Pittard argues that this may (...) happen in ordinary cases of religious disagreement—cases in which it’s a live skeptical possibility that one is misdescribing his insight, or not having insight at all—and therefore one need not be strongly conciliatory even in the face of peer disagreement. Yet Pittard agrees that one should be strongly conciliatory in cases of disagreement involving, e.g., visual perception and dim rational insight, since the sort of fallible, corrigible evidence involved in such cases may be counterbalanced by symmetrical evidence on the part of one’s disagreeing peer. We worry that there’s an inconsistency here. If it’s unreasonable to show partiality to one’s visual experience (or dim rational insight) in cases like “Horse Race” and “Restaurant Check,” it’s likewise unreasonable to show partiality in religious disagreements to one’s moderate rational insight, fallible and corrigible as it is. (shrink)

Many philosophers believe that our ordinary English words man and woman are “gender terms,” and gender is distinct from biological sex. That is, they believe womanhood and manhood are not defined even partly by biological sex. This sex/gender distinction is one of the most influential ideas of the twentieth century on the broader culture, both popular and academic. Less well known are the reasons to think it’s true. My interest in this paper is to show that, upon investigation, the arguments (...) for the sex/gender distinction have feet of clay. In fact, they all fail. We will survey the literature and tour arguments in favor of the sex/gender distinction, and then we’ll critically evaluate those arguments. We’ll consider the argument from resisting biological determinism, the argument from biologically intersex people and vagueness, the argument from the normativity of gender, and some arguments from thought experiments. We’ll see that these arguments are not up to the task of supporting the sex/gender distinction; they simply don’t work. So, philosophers should either develop stronger arguments for the sex/gender distinction, or cultivate a variety of feminism that’s consistent with the traditional, biologically-based definitions of woman and man. (shrink)

Two important questions arise concerning the properties that constitute the phenomenal characters of our experiences: first, where these properties exist, and, second, whether they are tied to our consciousness of them. Such properties can either exist externally to the perceiving subject, or internally to her. This article argues that phenomenal characters, and specifically the phenomenal characters of colours, may exist independently of consciousness and that they are internal to the subject. We defend this combination of claims against a recent criticism (...) according to which the unconscious phenomenal character of colours exists externally to the subject. We defend internalism about (potentially unconscious) phenomenal character by appealing to recent neuroscientific and behavioural evidence, and by rejecting the claim that externalism about phenomenal character is dialectically in a better position than internalism. In addition, we briefly present certain difficulties for externalist views of phenomenal character. These concern cases where the perceptual relation fails, but a perceptual experience still results. These points suffice to defuse the externalist critique of our view, and support the internalist variant of the consciousness-independence claim as the most plausible account of the unconscious phenomenal character of colours. (shrink)

Modalists think that knowledge requires forming your belief in a “modally stable” way: using a method that wouldn't easily go wrong, or using a method that wouldn't have given you this belief had it been false. Recent Modalist projects from Justin Clarke-Doane and Dan Baras defend a principle they call “Modal Security,” roughly: if evidence undermines your belief, then it must give you a reason to doubt the safety or sensitivity of your belief. Another recent Modalist project from Carlotta Pavese (...) and Bob Beddor defends “Modal Virtue Epistemology”: knowledge is a belief that is maximally modally robust across “normal” worlds. We'll offer new objections to these recent Modalist projects. We will then argue for a rival view, Explanationism: knowing something is believing it because it's true. We will show how Explanationism offers a better account of undermining defeaters than Modalism, and a better account of knowledge. (shrink)

Many contemporary epistemologists hold that a subject S’s true belief that p counts as knowledge only if S’s belief that p is also, in some important sense, safe. I describe accounts of this safety condition from John Hawthorne, Duncan Pritchard, and Ernest Sosa. There have been three counterexamples to safety proposed in the recent literature, from Comesaña, Neta and Rohrbaugh, and Kelp. I explain why all three proposals fail: each moves fallaciously from the fact that S was at epistemic risk (...) just before forming her belief to the conclusion that S’s belief was formed unsafely. In light of lessons from their failure, I provide a new and successful counterexample to the safety condition on knowledge. It follows, then, that knowledge need not be safe. Safety at a time depends counterfactually on what would likely happen at that time or soon after in a way that knowledge does not. I close by considering one objection concerning higher-order safety. (shrink)

Feminism has long grappled with its own demarcation problem—exactly what is it to be a woman?—and the rise of trans-inclusive feminism has made this problem more urgent. I will first consider Sally Haslanger’s “social and hierarchical” account of woman, resulting from “Ameliorative Inquiry”: she balances ordinary use of the term against the instrumental value of novel definitions in advancing the cause of feminism. Then, I will turn to Katharine Jenkins’ charge that Haslanger’s view suffers from an “Inclusion Problem”: it fails (...) to class many trans women as women. Jenkins offers a novel norm-relevancy account of woman to avoid the Inclusion Problem. Unfortunately, Jenkins’ account has serious internal problems, i.e. problems by Jenkins’ own lights: it is unintelligible, or it suffers from an Inclusion Problem of its own. After that, I will develop novel arguments for the conclusion that the project of Ameliorative Inquiry is both incoherent and also impossible to complete—at least, impossible to complete in a trans-inclusive way. Trans-inclusive feminism, therefore, would do well to move beyond Ameliorative Inquiry. Insofar as that’s not possible, trans-inclusive feminism inherits the incoherence of Ameliorative Inquiry. (shrink)

Do the facts of evolution generate an epistemic challenge to moral realism? Some think so, and many “evolutionary debunking arguments” have been discussed in the recent literature. But they are all murky right where it counts most: exactly which epistemic principle is meant to take us from evolutionary considerations to the skeptical conclusion? Here, I will identify several distinct species of evolutionary debunking argument in the literature, each one of which relies on a distinct epistemic principle. Drawing on recent work (...) in epistemology, I will show that most of these initially plausible principles are false, spoiling the arguments that rely on them. And we will see that each argument threatens only one popular view of moral psychology: a “Representationalist” view on which our moral judgments rely crucially on a mental intermediary—e.g. a sentiment, gut reaction, or affect-laden intuition—delivered by our evolved moral faculty. In the end, only one evolutionary debunking argument remains a menace: an “ Argument from Symmetry ” that I will introduce to the literature. But we will see that it should worry only all naturalists, pressuring them into a trilemma: give up moral realism, accept a rationalism that is incongruous with naturalism, or give up naturalism. Non-naturalists are free and clear. (shrink)

‘Gender identity’ was clearly defined sixty years ago, but the dominant conceptions of gender identity today are deeply obscure. Florence Ashley’s 2023 theory of gender identity is one of the latest attempts at demystification. Although Ashley’s paper is not fully coherent, a coherent theory of gender identity can be extracted from it. That theory, we argue, is clearly false. It is psychologically very implausible, and does not support ‘first­person authority over gender’, as Ashley claims. We also discuss other errors and (...) confusions in Ashley’s paper. (shrink)

Abstract: Daniel Wegner’s theory of apparent mental causation is often misread. His aim was not to question the causal effectiveness of conscious mental states like intentions. Rather, he attempted to show that our subjective sense of agency is not a completely reliable indicator of the actual causality of action, and needs to be replaced by more objective means of inquiry.

What is a woman? The definition of this central concept of feminism has lately become especially controversial and politically charged. “Ameliorative Inquirists” have rolled up their sleeves to reengineer our ordinary concept of womanhood, with a goal of including in the definition all and only those who identify as women, both “cis” and “trans.” This has proven to be a formidable challenge. Every proposal so far has failed to draw the boundaries of womanhood in a way acceptable to the Ameliorative (...) Inquirists, since not all those who identify as women count as women on these proposals, and some who count as women on these proposals don’t identify as women. This is the Trans Inclusion Problem. Is there any solution? Can there be? Recently, Katharine Jenkins, pointing to the work of Mari Mikkola, suggests that the Trans Inclusion Problem can be “deflated” rather than solved. We will investigate this proposal, and show that, unfortunately, Jenkins is mistaken: Mikkola’s project will not help us answer the Trans Inclusion Problem. After that, we’ll look at Robin Dembroff’s suggestion that we “imitate” the linguistic practices of trans inclusive and queer communities, and we will evaluate whether this would help us solve the Trans Inclusion Problem. Unfortunately, this strategy also fails to solve the problem. By the end, we’ll have a better appreciation of the challenges faced by Ameliorative Inquirists in their project of redefining “woman,” and clearer view of why the Trans Inclusion Problem cannot, in fact, be solved. That’s primarily because, no matter what it means to be a woman, it’s one thing to be a woman, and another thing to identify as a woman. (shrink)

_Europe Thirty Years After 1989_ explores what happened in the former socialist countries during the last thirty years and the reasons behind these events. The authors examine how values, memory, and identity have been transforming these countries since the year 1989.

Trabajo intelectual y trabajo manual -- La historia de la filosofía en la enseñanza de la filosofía -- Sobre el estoicismo -- La concepción de tiempo en el libro XI de las Confesiones de San Agustín -- Sobre la muerte.

An analysis of the value systems of critical social issues is difficult to carry out in any qualified sense from an unstructured basis and that attempts to do so easily result in relatively superficial discussions of particular issues. Instead, we suggest how this might be viewed from a more holistic ethical and systems theological perspective. In doing so, we review a new framework that aims to distil relevant issues regarding necessary trade-offs and how this can be done. Broadly speaking, this (...) consists of a kind of Socratic dialogue that systematically examines the value basis of the decisions that need to be made, as well as whether the effects of the decisions become unacceptable and thus need to be modified vis-à-vis the normative system embraced by the decision-maker. We discuss the role of theologians in this and emphasise that they should take a larger place in discussions on how to deal with complex societal crises. (shrink)

In an essay recently published in this journal (“Is Safety in Danger?”), Fernando Broncano-Berrocal defends the safety condition on knowledge from a counterexample proposed by Tomas Bogardus (Philosophy and Phenomenological Research, 2012). In this paper, we will define the safety condition, briefly explain the proposed counterexample, and outline Broncano-Berrocal’s defense of the safety condition. We will then raise four objections to Broncano-Berrocal’s defense, four implausible implications of his central claim. In the end, we conclude that Broncano-Berrocal’s defense of the (...) safety condition is unsuccessful, and that the safety condition on knowledge should be rejected. (shrink)

In this paper, I hope to solve a problem that’s as old as the hills: the problem of contingency for religious belief. Paradigmatic examples of this argument begin with a counterfactual premise: had we been born at a different time or in a difference place, we easily could have held different beliefs on religious topics. Ultimately, and perhaps by additional steps, we’re meant to reach the skeptical conclusion that very many of our religious beliefs do not amount to knowledge. I (...) survey some historical examples of this argument, and I try to fill the gap between the counterfactual premise and the skeptical conclusion as forcefully as possible. I consider the following possibilities: there are no additional steps in the argument; or there are and they concern the alleged safety condition on knowledge, or the alleged non-accidentality condition on knowledge, or the unclarity produced by disagreement. On every possibility, the argument from the counterfactual premise to the conclusion of widespread skepticism is invalid. It seems, then, that there is no serious problem of contingency for religious belief. (shrink)

The present article revolves around the notion of universality and its relation to freedom and temporal orientation in contemporary political thought, with a focus on Susan Buck-Morss' notion of universality. The purpose is twofold. Firstly, I discern and critique the historico-political premises of her approach. Secondly, I suggest an alternative historico-political approach to universality addressing the drawbacks of her approach. I present three objections to her approach. Drawing on Arendt's distinction between liberation and the practice of freedom, I first present (...) a critique of the conceptualisation of freedom on which Buck-Morss' approach hinges, arguing that she overemphasises the moment of liberation. Thereafter, I turn to her reflections on historical orientation. My third objection concentrates on Buck-Morss' concept of universality. As a heuristic tool to expound on my critique, I activate the distinction between fictive and ideal universality as suggested by Étienne Balibar. I contend that Arendt's distinction between liberation and the practice of freedom efficiently elucidates the questions at stake in Balibar's discussion, as well as how his distinction points to the limits of Buck-Morss' argumentation. Ultimately, I contend that these critical remarks open up for a more dialectical approach to universality as a historical-political problem. (shrink)

Some philosophers believe that, when epistemic peers disagree, each has an obligation to accord the other’s assessment equal weight as her own. Other philosophers worry that this Equal-Weight View is vulnerable to straightforward counterexamples, and that it requires an unacceptable degree of spinelessness with respect to our most treasured philosophical, political, and religious beliefs. I think that both of these allegations are false. To show this, I carefully state the Equal-Weight View, motivate it, describe apparent counterexamples to it, and then (...) explain away the apparent counterexamples. Finally, I adapt those explanations to cases of religious disagreement. In the end, we reach the surprising conclusion that—even if the Equal-Weight View is true—in very many cases of religious disagreement between apparent epistemic peers, the parties to the disagreement need not be conciliatory. And what goes for religious beliefs goes for political and philosophical beliefs as well. This strongly suggests that the View does not demand an unacceptable degree of spinelessness. (shrink)

In the standard thought experiments, dualism strikes many philosophers as true, including many non-dualists. This ‘striking’ generates prima facie justification: in the absence of defeaters, we ought to believe that things are as they seem to be, i.e. we ought to be dualists. In this paper, I examine several proposed undercutting defeaters for our dualist intuitions. I argue that each proposal fails, since each rests on a false assumption, or requires empirical evidence that it lacks, or overgenerates defeaters. By the (...) end, our prima facie justification for dualism remains undefeated. I close with one objection concerning the dialectical role of rebutting defeaters, and I argue that the prospects for a successful rebutting defeater for our dualist intuitions are dim. Since dualism emerges undefeated, we ought to believe it. (shrink)

In the recent literature on the nature of knowledge, a rivalry has emerged between modalism and explanationism. According to modalism, knowledge requires that our beliefs track the truth across some appropriate set of possible worlds. Modalists tend to focus on two modal conditions: sensitivity and safety. According to explanationism, knowledge requires only that beliefs bear the right sort of explanatory relation to the truth. In slogan form: knowledge is believing something because it’s true. In this paper, we aim to vindicate (...) explanationism from some recent objections offered by Gualtiero Piccinini, Dario Mortini, and Kenneth Boyce and Andrew Moon. Together, these authors present five purported counterexamples to the sufficiency of the explanationist analysis for knowledge. In addition, Mortini devises a clever argument that explanationism entails the violation of a plausible closure principle on knowledge. We will argue that explanationism is innocent of all these charges against it, and we hope that the strength of the defense we offer of explanationism is evidence in its favor, and a reason to investigate explanationism further as the long-elusive truth about the nature of knowledge. (shrink)

ABSTRACT:Giving without the expectation of reward is difficult to understand in organizational contexts. In opposition to a logic based on self-interest or a sense of duty, a “logic of gift” has been proposed as a way to understand the phenomenon of free, unconditional giving. However, the rationale behind, and effects of, this logic have been under-explored. This paper responds by first clarifying the three logics of action—the logic of exchange, the logic of duty, and the logic of gift—and then explains (...) how their balanced integration promises to enhance organizational life and outcomes. Having explicated the unique character and contributions of the logic of gift, the paper further suggests practical implications for management. Encouraging the logic of gift fosters more humane relationships within organizations and to enable individuals to be generous in ways that inspire trust and promote creativity. (shrink)

This study was designed to survey the extent to which private companies in Sweden take structural measures within the field of business ethics: Codes of Ethics; Ethics Committees; Ethics Officers and Ethics Training. This was done in two steps. Through a nation-wide telephone survey, a population of "active" companies were identified. These companies received a questionnaire with detailed questions regarding the design, usage and effects of these measures. The percentage of active companies were found to be a high 46%. National (...) and industry characteristics are proposed as explanatory factors. (shrink)

Tomas Abraham inicia una pesquisa filosofica y no se detiene ante las impugnaciones que dictan el buen gusto y la conveniencia (la que esconde las contradicciones para simular seriedad y rigor intelectual). Nada lo detiene. Observa, analiza, compulsa. Sus preguntas no interrogan esas zonas del discurso para las cuales se han inventado ya benevolas excusas, sino las otras, las peligrosas.Desde 1989, reflexiona Abraham, el factor economico es la clave que permite descifrar los anhelos y las frustraciones de la sociedad. (...) Por que? Porque el factor economico no se reduce a la economia, no se limita a la produccion y a la distribucion de riquezas sino que acusa la visible emergencia de nuevas formas de vida. El factor economico revela el diagrama de las mutaciones culturales. En este ensayo filosofico en el que coexisten una cantidad asombrosa de estilos y tonos, el autor analiza y discute la empresa como nuevo monumento cultural, la demonizacion del estado, las batallas etico-politicas entre intelectuales y economistas culturales, la tarea de los expertos en calidad de vida y su funcion en una nueva sociedad terapeutica. De las historias de vida de los archimillonarios al encuadre historico de la ideologia empresarial, de la puesta en sorna (con el mayor respeto) de la literatura de autoayuda a la meditacion sobre la moral y el dolor en los campos de exterminio, La empresa de vivir, como los libros anteriores del autor, traza una linea osada y firme e incorpora al pensamiento argentino una nueva manera de hacer las cosas. Una nueva manera capaz de abrir discusiones aparentemente concluidas o censuradas, de expandir los efectos de un conflicto intelectual hacia areas desprestigiadas oignoradas, de inaugurar una pasion para abolir la ironia autoindulgente y los entredichos ufan. (shrink)

ABSTRACT We exist only because we inhabit a world in common, embedded within networks of associations between humans and nonhumans. This is endlessly disclosed by our experience of the world. And yet, despite its palpability, it is clear that we have failed to mobilize a notion of the common world into something capable of guiding our modes of thought and collective forms of activity—our attitudes, our affective lives, our politics. How have we arrived here? Bruno Latour's work suggests that an (...) answer can be found in the common world's status as information—its self-evidence works to exclude it from a world of values. What, then, should be done? In his recent work on the modes of existence Latour develops a pragmatic metaphysics inspired by the speculative method of Alfred North Whitehead. Metaphysical speculation becomes a tool for moving beyond the “bifurcation of nature” through the construction of abstractions with which to interpret the pluralism of experience. Rather than thinking of the common world as either a given fact or as a totalizing universal, Latour develops a notion of a common world out of the messiness of experience and, as such, hopes to transform us into beings who would be moved to actively pursue and care for such a notion. (shrink)

Most philosophers, including all materialists I know of, believe that I am a complex thing?a thing with parts?and that my mental life is (or is a result of) the interaction of these parts. These philosophers often believe that I am a body or a brain, and my mental life is (or is a product of) brain activity. In this paper, I develop and defend a novel argument against this view. The argument turns on certainty, that highest epistemic status that a (...) precious few of our beliefs enjoy. For example, on the basis of introspection, I am certain that I am not in fierce pain right now. But if I am a complex thing like a body or a brain, then introspection might be a causal series of events extended in time. And any such process could go awry. So, if introspection is such a process, then I could gain good evidence that the introspective process has gone awry and that I am, contrary to appearances, feeling fierce pain right now. Therefore, the view that I am a complex thing like a body or a brain forces open the possibility that I cannot be certain that I am not feeling fierce pain right now. Since that is clearly not an open possibility, it follows that I am not a complex thing. I conclude by responding to three objections. (shrink)

Apresenta-se nesse texto as repercussões do Concílio Vaticano II na Igreja particular de Goiás. A fidelidade ao Concílio produziu efetiva participação de todos – presbíteros, religiosas e religiosos, leigos e leigas. Tomando como referências a vivência e experiência de pastor nessa diocese (1967-1998) e diversos estudos, Dom Tomás mostra os aspectos mais relevantes dessa história: as assembléias diocesanas, com participação de leitos (1968); as CEBs e a concretização da opção pelos pobres; as Escolas Bíblicas; a defesa da posse da terra, (...) a Comissão Pastoral da Terra - CPT e o enfrentamento da ditadura militar; a causa indígena; o ecumenismo; o exercício da colegialidade; a articulação dos bispos comprometidos com as CEBs na CNBB; o problema da Visita Apóstólica na diocese; apresenta ainda um balanço de erros e conflitos; e finalmente, relata o Sínodo diocesano (1995) e seus objetivos: 1) Avaliar a situação concreta do povo, seus sofrimentos e suas lutas, para se ter uma visão mais clara da realidade; 2) Julgar à luz da Palavra de Deus;. 3) Desenvolver com mais clareza a missão da nossa Igreja dentro dessa mesma realidade. Palavras-chave : Concílio Vaticano II. Diocese de Goiás-Brasil. Participação. Colegialidade. Abstrat This article written by Archbishop Tomás Balduíno presents the impact of Vatican II in the particular Church of Goiás, emphasizing that the loyalty to the Council produced effective participation of priests, religious and lay people. Given his experience as a pastor in this diocese (1967-1998) and several studies, Bishop Thomas shows the most relevant aspects of this story: the diocesan assemblies, with the participation of lay people (1968); the CEBs and realization of the option for the poor; the Bible Schools; the defense of land tenure, the Pastoral Land Commission - CPT and the facing of the military dictatorship; the indigenous cause; ecumenism; the exercise of collegiality; the articulation of the bishops committed to the CEBs in CNBB; the problem of apostolic visit in the diocese. The article also presents a balance of errors and conflicts, and finally reports the diocesan Synod (1995) and its objectives: 1) Evaluate the concrete situation of the people, their sufferings and their struggles to get a clear picture of reality; 2) To make the judgment of reality in light of the word of God; Develop more clearly the mission of our Church in this reality Keywords : Vatican II. Diocese of Goiás-Brazil. Participation. Collegiality. - DOI: 10.5752/P.2175-5841.2011v9n24p1341. (shrink)

Tomáš Hauer v publikaci věnované soudobým postmoderním teoriím nejprve vysvětluje genealogii pojmu postmodernismus a analyzuje francouzské filosofické myšlení na cestě od strukturalismu k postmodernismu. Na základě této analýzy pak vymezuje současný postmoderní kulturní obrat a zamýšlí se nad rolí veřejného prostoru v postmoderní společnosti. Čtenář se m.j. seznámí s dílem francouzských filosofů J. Derridy, J. F. Lyotarda, G. Deleuzeho, J. Baudrillarda či italského filosofa G. Vattima. Kniha je tak vhodným úvodem do problematiky postmoderního myšlení.

As there is a gap of legal regulation of covenants not to compete in Lithuania, the legal doctrine and the case-law are analyzed in this article. It is recognized in judicial practice that labour laws are not applicable for the regulation of the covenants not to compete. So, the parties, an employer and employee, are free to make agreement on non-competition. There are some suggested principles how to make parties’ agreement on non-competition. Firstly, there should be disputed an adequate compensation (...) to the restrictions that would be made for an employee. Secondly, the restriction of competing should be precisely described, taking into account other issues, such as period of non-competing, employee’s qualification and duties, termination of agreement, etc. It is also proposed to supplement the Law on Competition of the Republic of Lithuania with the rules concerning the conclusion, execution or termination of these covenants. (shrink)