We argue for a new mode of interpretation for attributed attitudes, what we call de translato interpretation. De translato interpretation assigns a meaning to an expression based on the interpretation given to that expression by the attitude subject rather than that standardly given by the attributor. We argue that this new mode of interpretation is distinct from but compatible with de dicto, de re and de qualitate interpretation. Formally, de translato interpretation is analyzed as introducing a modification in the language (...) used for interpretation, where the modification alters the attributor’s language in such a way as to more closely approximate the presumed language of a perspective holder. Attitude predicates are taken to introduce the perspective of their subject as a parameter of interpretation for the clause they embed. (shrink)

The aim of this article is to show that, just as in recent years Cobreros, Egré, Ripley and van Rooij have provided a non-transitive counterpart of classical logic (i.e. one in which all classically acceptable inferences are valid but Cut and other metainferences are not), the same can be done for every Tarskian logic, with full generality. To establish this fact, a semantic approach is taken by showing that appropriate structures can be devised to characterize a non-transitive counterpart of every (...) Tarskian logic, starting from the logical matrices that are usually taken to render them. (shrink)

We provide a logical matrix semantics and a Gentzen-style sequent calculus for the first-degree entailments valid in W. T. Parry’s logic of Analytic Implication. We achieve the former by introducing a logical matrix closely related to that inducing paracomplete weak Kleene logic, and the latter by presenting a calculus where the initial sequents and the left and right rules for negation are subject to linguistic constraints.

In Kripke’s classic paper on truth it is argued that by adding a new semantic category different from truth and falsity it is possible to have a language with its own truth predicate. A substantial problem with this approach is that it lacks the expressive resources to characterize those sentences which fall under the new category. The main goal of this paper is to offer a refinement of Kripke’s approach in which this difficulty does not arise. We tackle this characterization (...) problem by letting certain sentences belong to more than one semantic category. We also consider the prospect of generalizing this framework to deal with languages containing vague predicates. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

We examine the set of formula-to-formula valid inferences of Classical Logic, where the premise and the conclusion share at least a propositional variable in common. We review the fact, already proved in the literature, that such a system is identical to the first-degree entailment fragment of R. Epstein's Relatedness Logic, and that it is a non-transitive logic of the sort investigated by S. Frankowski and others. Furthermore, we provide a semantics and a calculus for this logic. The semantics is defined (...) in terms of a \-matrix built on top of a 5-valued extension of the 3-element weak Kleene algebra, whereas the calculus is defined in terms of a Gentzen-style sequent system where the left and right negation rules are subject to linguistic constraints. (shrink)

This book sets out in plain language ethical questions of direct relevance to business today. This new edition expands the range of issues covered and includes a chapter on international business ethics, drawing extensively from Asian examples.

I define two metaphysical positions that anti-physicalists can take in response to Jonathan Schaffer’s ground functionalism. Ground functionalism is a version of physicalism where explanatory gaps are everywhere. If ground functionalism is true, arguments against physicalism based on the explanatory gap between the physical and experiential facts fail. In response, first, I argue that some anti-physicalists are already safe from Schaffer’s challenge. These anti-physicalists reject an underlying assumption of ground functionalism: the assumption that macrophysical entities are something over and above (...) the fundamental entities. I call their position “lightweight anti-physicalism.” Second, I go on to argue that even if anti-physicalists accept Schaffer’s underlying assumption, they can still argue that the consciousness explanatory gap is especially mysterious and thus requires a special explanation. I call the resulting position “heavyweight anti-physicalism.” In both cases, the consciousness explanatory gap is a good way to argue against physicalism. (shrink)

Berkeley is popular in the philosophical tradition as the philosopher who denied the existence of matter in favor of spiritual substance. His esse est percipi thesis is understandably seen as a recipe for subjective idealism. While there is a point to this reading of Berkeley, it remains to be seen whether it does justice to the full significance of Berkeley’s philosophy. In Berkeley’s scholarship consequently the traditional understanding of Berkeley as a subjective idealist has been challenged by scholars such as (...) Jessop and Ardley who argue that Berkeley is better understood as a common sense realist. In approaching Berkeley’s Immaterialism from the standpoint of the philosophical issues raised by the emergence of modern science, this book is a sympathetic reconstruction of Berkeley’s philosophy. The contention is that if approached in this manner, Berkeley’s opposition to philosophical materialism not only emerges as an attempt to overcome false abstractions but it also becomes possible to make sense of Berkeley’s claimed alliance with common sense in his battle against philosophical materialism. While the realist portrait of Berkeley that emerges from this exercise is not free of difficulties, it arguably offers us a fuller conspectus of Berkeley’s immaterialism. (shrink)

The theory of separation assumes, with provocation, that an organization cannot reconcile profits and social function. Organizations can reconcile these two, apparently contrasting, missions, by considering emotions, especially moral emotions, to create a genuine motivation for focusing on goals beyond simple economic earnings and protecting organizations or groups of people from dysfunctional attitudes and behaviors, as well as considering the important role of the stakeholder accountability. Using the PRISMA method, we created a review of records using keywords relating to a (...) socio-emotional value within organizations, with a particular focus on the last 20 years. We used the SCOPUS database and, after removing irrelevant records, we used the VOSviewer tool to create a cluster map of different areas in this topic. Some records cite the socio-emotional value that is related to organizational and employee suffering, while other articles consider it a positive factor that improves performance and prevents problems in organizations. (shrink)

Panpsychists aspire to explain human consciousness, but can they also account for the physical world? In this paper, I argue that proponents of a popular form of panpsychism cannot. I pose a new challenge against this form of panpsychism: it faces an explanatory gap between the fundamental experiences it posits and some physical entities. I call the problem of explaining the existence of these physical entities within the panpsychist framework “the missing entities problem.” Spacetime, the quantum state, and quantum gravitational (...) entities constitute three explanatory gaps as instances of the missing entities problem. Panpsychists are obliged to solve all instances of the missing entities problem; otherwise, panpsychism cannot be considered a viable theory of consciousness. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

This paper presents a novel argument against one theoretically attractive form of panpsychism. I argue that “idealist panpsychism” is false since it cannot account for spacetime’s structure. Idealist panpsychists posit that fundamental reality is purely experiential. Moreover, they posit that the consciousness at the fundamental level metaphysically grounds and explains both the facts of physics and the facts of human consciousness. I argue that if idealist panpsychism is true, human consciousness and the consciousness at the fundamental level will have the (...) same metrical structure. However, as I demonstrate, human consciousness does not exhibit the same metrical structure as spacetime. Consequently, the idealist panpsychist faces an explanatory gap between the fundamental consciousness she posits and spacetime. Idealist panpsychism is incompatible with the existence of such an explanatory gap. Thus, idealist panpsychists must close this explanatory gap (which I argue they lack the resources to do), or idealist panpsychism is false. (shrink)

How should business deal with society's increasing demands for ethical and social responsibility? In plain language this book considers these and other ethical questions of direct relevance to business in the 1990s. It discusses the nature of ethics, ethical reasoning, the use of stakeholder analysis, and other central concepts used in business ethics. Using mainly, but not exclusively, Australian cases and specific examples, the book covers issues such as fairness in business dealings, advertising ethics, discrimination, and codes of ethics.

In this paper, I present an interpretation of Kant’s view that reason’s hypostasis of the idea of a sum-total of reality is dogmatic and illegitimate. In the section on the ‘Transcendental Ideal’, the second section of the Ideal of Pure Reason chapter in the Critique of Pure Reason, Kant starts by describing reason’s procedure from the affirmation of the principle of thoroughgoing determination to the hypostasis in question. According to the interpretation I defend, the argument for hypostasis deployed in this (...) section constitutes an improvement upon an argument defended by the pre-critical Kant himself in his 1673 essay “The Only Possible Argument in Support of a Demonstration of the Existence of God”. By making reference to the concept of omnitudo realitatis, the argument in the ‘Transcendental Ideal’ section presents a much more radical and convincing interpretation of the thesis that ‘possibility presupposes actuality’. Second, I present transcendental idealism and its related distinction between objects of sense and objects in general as the main dissuasive argument of the critical philosopher against hypostasis. Finally, I consider an argument against hypostasis that is independent of transcendental idealism: the threat of set-theoretical paradoxes if we hypostatize the relevant idea, intended as the concept of an absolutely comprehensive totality. (shrink)

Plotinus on the Soul is a study of Plotinus' psychology, which is arguably the most sophisticated Platonist theory of the soul in antiquity. Plotinus offers a Platonist response to Aristotelian and Stoic conceptions of the soul that is at the same time an innovative interpretation of Plato's Timaeus. He considers the notion of the soul to be crucial for explaining the rational order of the world. To this end, he discusses not only different types of individual soul but also an (...) entity that he was the first to introduce into philosophy: the so-called hypostasis Soul. This is the first study to provide a detailed explanation of this entity, but it also discusses the other types of soul, with an emphasis on the human soul, and explains Plotinus' original views on rational thought and its relation to experience. (shrink)

ABSTRACT In this article, the first author provides a summary and translation from the Latin of an important early medical lecture on vampires by Nils Retzius. The lecture was delivered in Sweden, at Lund University, in 1737, and was published almost immediately thereafter. This important text has been overlooked by modern scholars of vampires. This article will bring the lecture back into circulation in its first English translation. The second author then offers an analysis of the intellectual background to this (...) rational debunking of vampires. He demonstrates how Retzius’s attempt at a comprehensive rational explanation for vampires, typical of much Enlightenment thinking, nevertheless employs a fusion of Galenic medical thinking with more modern medical and psychosomatic notions of medicine, as well as certain Lutheran notions concerning the devil and the spirit world. His argument scotches the belief in the idea of sympathetic magic affecting the dreams of the living, while emphasising the psychosomatic effects of the imagination on the physical body. (shrink)

In an age where issues like climate change and the unintended consequences of technological innovation are high on the ethical and political agenda, questions about the nature and extent of our responsibilities to future generations have never been more important, yet simultaneously so difficult to answer. This book takes a unique approach to the problem by drawing on diverse traditions of thinking about care (including developmental psychology, phenomenology and feminist ethics) to explore the nature and meaning of our relationship with (...) the future. Demonstrating that many influential perspectives on intergenerational ethics, including positions advanced by John Rawls, Brian Barry, and Ulrich Beck are undermined by problems relating to uncertainty, it shows that an approach based on care ethics can confront the uncertain future successfully and give a viable account of the nature and scope of future-oriented responsibilities. (shrink)

This book explores the impact of neuroscience research over the past 20 or more years on brain function as it affects moral decisions. Findings show that the mind and brain are very close, if not the same, and that the brain 'makes' the mind. This is bringing about a change of focus from examining mental activity to the physical activity of the brain to understand thinking and behavior. We are discovering that the physical features of the brain play the major (...) role in shaping our thoughts and emotions, including the way we deal with 'moral' issues. This book sets out the historical framework of the transition from 'mentalism' to 'physicalism', shows how the physical brain works in moral decisions and then examines three broad areas of moral decision-making - the brain in 'bad' acts, the brain in decisions involving sexual relations, and the brain in money decision-making. (shrink)

This paper argues that Nietzsche is a critic of just the kind of genealogical debunking he is popularly associated with. We begin by showing that interpretations of Nietzsche which see him as engaging in genealogical debunking turn him into an advocate of nihilism, for on his own premises, any truthful genealogical inquiry into our values is going to uncover what most of his contemporaries deem objectionable origins and thus license global genealogical debunking. To escape nihilism and make room for naturalism (...) without indiscriminate subversion, we then argue, Nietzsche targets the way of thinking about values that permits genealogical debunking: far from trying to subvert values simply by uncovering their origins, Nietzsche is actively criticising genealogical debunking thus understood. Finally, we draw out the consequences of our reading for Nietzsche’s positive vision. (shrink)

The Realm of Reason develops a new, general theory of what it is for a thinker to be entitled to form a given belief. The theory locates entitlement in the nexus of relations between truth, content, and understanding. Peacocke formulates three principles of rationalism that articulate this conception. The principles imply that all entitlement has a component that is justificationally independent of experience. The resulting position is thus a form of rationalism, generalized to all kinds of content.To show how these (...) principles are realized in specific domains, Peacocke applies the theory in detail to several classical problems of philosophy, including the nature of perceptual entitlement, induction, and the status of moral thought. These discussions involve an elaboration of the structure of entitlement in ways that have applications in many other areas of philosophy. He also relates the theory to classical and recent rationalist thought, and to current issues in the theory of meaning, reference and explanation. In the course of these discussions, he proposes a general theory of the a priori.The focus of the work lies in the intersection of epistemology, metaphysics, and the theory of meaning, and will be of interest both to students and researchers in these areas, and to anyone concerned with the idea of rationality. (shrink)

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

Since its inception, donor conception practices have been a reproductive choice for the infertile. Past and current practices have the potential to cause significant and lifelong harm to the offspring through loss of kinship, heritage, identity, and family health history, and possibly through introducing physical problems. Legislation and regulation in Australia that specifies that the welfare of the child born as a consequence of donor conception is paramount may therefore be in conflict with the outcomes. Altering the paradigm to a (...) child-centric model, however, impinges on reproductive choice and rights of adults involved in the process. With some lobby groups pushing for increased reproductive choice while others emphasise offspring rights there is a dichotomy of interests that society and legislators need to address. Concepts pertaining to a shift toward a child-centric paradigm are discussed. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

Some recent researches in experimental philosophy have posed a problem for philosophers’ appeal to intuition (hereinafter referred to as PAI); the aim of this paper is to offer an answer to this challenge. The thesis against PAI implies that, given some experimental results, intuition does not seem to be a reliable epistemic source, and —more importantly— given the actual state of knowledge about its operation, we do not have sufficient resources to mitigate its errors and thus establish its reliability. That (...) is why PAI is hopeless. Throughout this paper I will defend my own conception of PAI, which I have called the Deliberative Conception, and consequently, I will defend intersubjective agreement as a means to mitigate PAI errors, offering empirical evidence from recent studies on the Argumentative Theory of Reason that favor the conception I defend here. Finally, I will reply to some objections that might arise against the Deliberative Conception, which will lead me to discuss some metaphilosophical issues that are significantly relevant for the future of the dispute about the appeal to intuition. (shrink)

Suppose we believe that God created the world. Then surely we want it to be the case that he intended, in some sense at least, to create THIS world. Moreover, most theists want to hold that God didn't just guess or hope that the world would take one course or another; rather, he KNEW precisely what was going to take place in the world he planned to create. In particular, of each person P, God knew that P was to exist. (...) Call this the "standard" conception. Most theists find the standard conception appealing. Unfortunately, the view seems to conflict with the equally appealing idea — call it "temporal actualism" — that there are no "future" individuals beyond those that already exist in the present moment. For, on this view, for any historical person P, prior to creation, there was no such person as P and hence nothing about P for God to know. Hence, in particular, God couldn't have known that P was to exist. This is of course not a new problem. But past solutions to it are highly problematic. In this paper, after canvassing previous approaches, I will propose a solution that seems to preserve both temporal actualism and a suitably robust form of the standard conception while avoiding the pitfalls of the past. (shrink)

Paraconsistent logics are logical systems that reject the classical principle, usually dubbed Explosion, that a contradiction implies everything. However, the received view about paraconsistency focuses only the inferential version of Explosion, which is concerned with formulae, thereby overlooking other possible accounts. In this paper, we propose to focus, additionally, on a meta-inferential version of Explosion, i.e. which is concerned with inferences or sequents. In doing so, we will offer a new characterization of paraconsistency by means of which a logic is (...) paraconsistent if it invalidates either the inferential or the meta-inferential notion of Explosion. We show the non-triviality of this criterion by discussing a number of logics. On the one hand, logics which validate and invalidate both versions of Explosion, such as classical logic and Asenjo–Priest’s 3-valued logic LP. On the other hand, logics which validate one version of Explosion but not the other, such as the substructural logics TS and ST, introduced by Malinowski and Cobreros, Egré, Ripley and van Rooij, which are obtained via Malinowski’s and Frankowski’s q- and p-matrices, respectively. (shrink)

The present study aimed at investigating the heavy metals concentrations in the soils around “Larga de Sus” abandoned mine, evaluating the potential ecological risk of heavy metal pollution and highlighting ethical aspects related to risk assessment, ecological restoration, and soil remediation. The results of the chemical analysis showed that the soil in the study area is highly polluted with heavy metals since the average concentrations of Pb, and Ni in soil exceed their corresponding threshold established by the Romanian legislation. The (...) potential ecological risk index method developed by Hakanson was used to assess the potential risk of heavy-metal pollution. The results indicated that Pb and Ni showed severe and considerable potential ecological risk, while Cr had lightly ecological risk. In this case, remediation should be focused only on Pb or on all heavy metals even if they have lightly ecological risk? A scientific management technique cannot logically prescribe which choices should be selected. The interaction between human activity and the environment is complicated and difficult to quantify and risk management cannot and should not be based simply on risk assessment results. What is needed to make the right choice of the most appropriate alternative that fits our personality, culture, religion, and desires? The moral and ethical implications of ecological restoration and soil remediation have to be incorporated within the decision-making process in order to make optimum sustainable decisions and to achieve real environmental protection. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Infectious logics are systems that have a truth-value that is assigned to a compound formula whenever it is assigned to one of its components. This paper studies four-valued infectious logics as the basis of transparent theories of truth. This take is motivated as a way to treat different pathological sentences differently, namely, by allowing some of them to be truth-value gluts and some others to be truth-value gaps and as a way to treat the semantic pathology suffered by at least (...) some of these sentences as infectious. This leads us to consider four distinct four-valued logics: one where truth-value gaps are infectious, but gluts are not; one where truth-value gluts are infectious, but gaps are not; and two logics where both gluts and gaps are infectious, in some sense. Additionally, we focus on the proof theory of these systems, by offering a discussion of two related topics. On the one hand, we prove some limitations regarding the possibility of providing standard Gentzen sequent calculi for these systems, by dualizing and extending some recent results for infectious logics. On the other hand, we provide sound and complete four-sided sequent calculi, arguing that the most important technical and philosophical features taken into account to usually prefer standard calculi are, indeed, enjoyed by the four-sided systems. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)