In lieu of an abstract, here is a brief excerpt of the content:Guillaume Budé, Andrea Alciato, Pierre de l’Estoile: Renaissance Interpreters of Roman LawMichael L. MonheitIn the Renaissance, jurists and other scholars intensely debated the problem of how to interpret correctly the Corpus iuris civilis (CIC), Justinian’s great sixth-century-ad compilation of Roman law. 1 Yet by the sixteenth century jurists had been closely interpreting its texts for four centuries; indeed Roman law jurists, much more than pre-Reformation theologians, innovated through (...) close commentary on the text (a characteristic sometimes wrongly considered a humanist innovation). Assuming that these texts were fully consistent, largely lacking a sense of historical distance, they “found” the CIC’s dictum on a given question by weaving many passages that seemed to address it partially into a complex logical fabric, and eliminated apparent internal conceptual disparities in the same way. 2But from the fifteenth century such humanists as Lorenzo Valla (1407–57) and Angelo Politiano (1454–94) applied humanist critical methods to the CIC and ridiculed the methods of the civilians. In the early sixteenth century the work of Guillaume Budé (1468–1540), Andrea Alciato (1492–1550), and Ulrich Zasius (1461–1535) intensified the crisis in legal interpretation. Budé, the [End Page 21] period’s leading French humanist, was the first humanist to publish an exhaustive study of Justinian’s Digest, while the Milanese jurist Alciato and the German jurist Zasius were among the first humanist-trained Roman lawyers to tackle the CIC. Across the century’s first three decades these humanists debated each other and other jurists, including the eminent Orléans professor of Roman law, Pierre de l’Estoile (1480–1537), best known to scholars as the teacher of a youthful law student named Jean Calvin. 3 We consider here a debate between Budé, Alciato, and Estoile, which also involved Nicolas Duchemin, Estoile’s student and partisan, and Calvin himself, who made his first appearance in print by contributing a preface to the work of his friend Duchemin. Though often referred to in Calvin scholarship, the debate has never been thoroughly explored. 4 [End Page 22]Unlike some recent studies of interpretation in the Renaissance, this study focuses on each interpreter’s practice, rather than his explicit methodological pronouncements alone, on what Wittgenstein calls a writer’s “language game”—here the meaning of each interpreter’s statements in the context of his interpretive practices. Indeed we shall view this debate as a clash of three “forms of life,” since the three protagonists could not agree as to what rules to follow to determine the meaning of a particular expression. 5In the passage in question, Lex Nec quicquam, §Ubi decretum, from the Digest section On the Duties of the Proconsul and Legate (D.1.16.9.1), the third century Imperial jurist Ulpian, declares:Ubi decretum necessarium est per libellum id expedire proconsul non poterit: Omnia enim quaecunque causae cognitionem desiderant per libellum non possunt expediri. (Where a decretum [decree] is required, the proconsul will not be able to dispose of the matter per libellum. All matters whatsoever requiring causae cognitio [judicial investigation] cannot be disposed of per libellum.)In unravelling the meaning of such key terms as decretum and libellus, the interpreters applied assumptions and practices rooted in both the humanist and [End Page 23] scholastic traditions—sometimes the same individual applied both. The debate presents the issue of interpretation apart from that of textual recovery, for no participant claimed any passage involved had been corrupted or offered a significant variant. Had they possessed the Mommsen edition of the CIC (albeit without necessarily understanding its principles of construction), each would have faced little added difficulty.I. Guillaume Budé on §Ubi decretumGuillaume Budé sparked the debate with his comments on the passage in the first part of his famous study of Justinian’s Digest, the Annotationes in quattuor & viginti Pandectarum libros (1508). He argued that the term libellus as used in the passage meant a supplicatory petition addressed to the Emperor. The matters involved could include both controversial cases, for which the Emperor would rely on the judgment of his council, and uncontested matters in which Emperors acted by their own “liberality or beneficence.” Budé confined himself to the... (shrink)

Classic analysis of the subject and the development of personal probability; one of the greatest controversies in modern statistcal thought.

Ce livre présente une lecture globale du corpus kantien sous un angle particulier : comment "penser" le mal? Comme simple absence du bien? Comme erreur? Ou, ainsi que Kant l'a mis en évidence, comme une "grandeur négative", qui appartient à...

Derrida wrote extensively on "the question of the animal." In particular, he challenged Heidegger's, Husserl's, and other philosophers' work on the subject, questioning their phenomenological criteria for distinguishing humans from animals. Examining a range of Derrida's writings, including his most recent _L'animal que donc je suis_, as well as _Aporias_, _Of Spirit_, _Rams_, and _Rogues_, Leonard Lawlor reconstructs a portrait of Derrida's views on animality and their intimate connection to his thinking on ethics, names and singularity, sovereignty, and the notion (...) of a common world. Derrida believed that humans and animals cannot be substantially separated, yet neither do they form a continuous species. Instead, in his "staggered analogy," Derrida asserts that all living beings are weak and therefore capable of suffering. This controversial claim both refuted the notion that humans and animals possess autonomy and contradicted the assumption that they possess the trait of machinery. However, it does offer the foundation for an argument-which Lawlor brilliantly and passionately defines in his book-in which humans are able to will this weakness into a kind of unconditional hospitality. Humans are not strong enough to keep themselves separate from animals. In other words, we are too weak to keep animals from entering into our sphere. Lawlor's argument is a bold approach to remedying "the problem of the worst," or the complete extermination of life, which is fast becoming a reality. (shrink)

In the wake of ethical scandals and close ethical scrutiny throughout business and the accounting professional today, Brooks/Dunn's BUSINESS & PROFESSIONAL ETHICS, 9E provides the ethical insights and strategies you need for corporate and professional success. Learn why ethical behavior is so important and how to recognize potential pitfalls that involve much more than memorizing rules. You master the skills to develop a corporate culture of integrity that maintains stakeholder support and enables directors and auditors to complete their jobs. You (...) also learn how to use ethical strategies to make decisions, as this edition examines the latest information on governance scandals, legal liability and professional accounting and auditing issues. More than 130 cases and readings highlight new and classic cases of fraud, bankruptcy and unprofessional practices to help you better understand appropriate codes of conduct and sound ethical reasoning while strengthening your persuasive and leadership skills for success. (shrink)

Originally published: Berkeley, Calif. : Stone Bridge Press, 1994.

Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the aggressors, [2] (...) punishing and rehabilitating those guilty of war crimes and other violations of the principles of Jus ad Bellum and Jus in Bello and [3] developing measures that will prevent future war and violence (Orend 2000 and May 2012). In this chapter, I outline an account of political forgiveness and explain the role that political forgiveness can have in promoting the goals of jus post bellum. My conception of political forgiveness requires some unpacking. Let me begin with individual forgiveness, which I understand along familiar Butlerian lines as the renunciation of resentment (Butler, Sermon IX in McNaughton 2017: 75-83), though with a bit of a twist. More exactly, ● An individual, I, forgives J for doing F if and only if I renounces all her own warrant for resenting J for doing F. Resentment is a judgment-sensitive attitude, and, therefore, it tends to track judgments concerning its warrant (Scanlon 1998: 20 and Smith 2015). In cases of perfect forgiveness, I’s renunciation causes her to cease feeling resentment toward J for doing F, though, of course, less perfect cases are possible. I reject the idea that there is a sharp discontinuity between individual and political forgiveness, a position argued for by, e.g., Peter Digeser (1998 and 2001). By contrast, I understand political forgiveness as the renunciation of resentment by the relevant political body in question. With greater precision, ● A sovereign political body, P, forgives J for doing F if and only if P renounces all warrant that its citizens have for resenting, as part of their public lives, J for doing F. A little more explanation is in order. Sovereign political bodies, such as national governments, claim degrees of control over the lives of their citizens, in both their public and their private aspects, though the claims with respect to the former tend to be considerably more expansive than the claims with respect to the latter. I assume here that, at least in the case of legitimate governments, these claims of control are often valid. Such governments may reasonably renounce certain grounds for motivating action in the public sphere. For example, governments may renounce all warrant that its citizens have, as part of their public lives, for hating members of marginalized groups. In practice, this means that, while citizens might continue to act in their private lives out of hatred for members of these groups, their appeal to this hatred is seen by the state as irrelevant to matters of law and public policy as well as being wholly out-of-place in public discourse. Political forgiveness toward J for doing F, as I understand it, involves an analogous rejection of resentment, on the part of citizens in their public lives, toward J for doing F. I turn now to the matter of how political forgiveness supports securing a just and lasting peace between former belligerents. With respect to the first goal of jus post bellum, political forgiveness helps to balance compensation for victims and respect for the rights of defeated aggressors by countering the all-too-human tendency to overvalue harms done to oneself and to members of one’s group. As regards the second goal, political forgiveness plays a similar role but also provides a model for rehabilitation by exemplifying among the victorious the behavior to be emulated by the vanquished. Finally, political forgiveness promotes the third goal of jus post bellum by providing a space for nations to meet as moral equals rather than allowing one nation to have the moral high ground over the other. None of this, of course, means that political forgiveness should be unearned or that it should be confused with condonation (Kolnai 1973 and Pettigrove 2004). However, the question of what is required to put oneself in a position to be forgiven as part of jus post bellum is a matter that goes beyond the scope of this chapter. (shrink)

(2012). DEL-sequents for regression and epistemic planning. Journal of Applied Non-Classical Logics: Vol. 22, No. 4, pp. 337-367. doi: 10.1080/11663081.2012.736703.

The author offers perspectives that can assist healthcare managers in achieving the highest ethical standards as they face their roles as healthcare providers, employers, and community service organizations. He also examines how to comply with relevant laws and regulations, provide high quality patient care with limited resources, and more.

Abstract:There is a storied history of Native and Indigenous feminisms on Turtle Island (North America). We are fortunate that many of those stories birthed from an ancestral tradition of storytelling and survivance were captured in the canonical feminist anthology This Bridge Called My Back: Writings of Radical Women of Color. In celebration and commemoration of 40 years since This Bridge was first published we visit with three of the books original Native and Indigenous contributors–Chrystos, Max Wolf Valerio, and Jo Carrillo–to (...) recount old as well as new stories as they explore what Native and Indigenous feminisms mean to them and their continued work for Indigenous visibility. The conversation provides a unique intergenerational vision for conceptualizing contemporary Native and Indigenous feminisms all the while building upon the legacy and path set forth by amazing Native and Indigenous women trailblazers. (shrink)

Dynamic Epistemic Logic (DEL) deals with the representation and the study in a multi-agent setting of knowledge and belief change. It can express in a uniform way epistemic statements about: 1. what is true about an initial situation 2. what is true about an event occurring in this situation 3. what is true about the resulting situation after the event has occurred. We axiomatize within the DEL framework what we can infer about (iii) given (i) and (ii). Given three formulas (...) φ,φ' and φ" describing respectively (i), (ii) and (iii), we also show how to build a formula φ ? φ' which captures all the information which can be inferred about (iii) from φ and φ'. We show how our results extend to other modal logics than K. In our proofs and definitions, we resort to a large extent to the normal form formulas for modal logic originally introduced by Kit Fine. In a companion paper (Aucher, 2012), we axiomatize what we can infer about (ii) given (i) and (iii), and what we can infer about (i) given (ii) and (iii), and show how to build two formulas φ ? φ" and φ' ? φ" which capture respectively all the information which can be inferred about (ii) from φ and φ", and all the information which can be inferred about (i) from φ' and φ". (shrink)

Analyzes the meaning expressed in music, the social and psychological sources of meaning, and the methods of musical communication This is a book meant for ...

One way social scientists explain phenomena is by building structural models. These models are explanatory insofar as they manage to perform a recursive decomposition on an initial multivariate probability distribution, which can be interpreted as a mechanism. Explanations in social sciences share important aspects that have been highlighted in the mechanisms literature. Notably, spelling out the functioning the mechanism gives it explanatory power. Thus social scientists should choose the variables to include in the model on the basis of their function (...) in the mechanism. This paper examines the notion of ‘function’ within structural modelling. We argue that ‘functions’ ought to be understood as the theoretical underpinnings of the causes, namely as the role that causes play in the functioning of the mechanism. (shrink)

Representing an epistemic situation involving several agents obviously depends on the modeling point of view one takes. We start by identifying the types of modeling points of view which are logically possible. We call the one traditionally followed by epistemic logic the perfect external approach, because there the modeler is assumed to be an omniscient and external observer of the epistemic situation. In the rest of the paper we focus on what we call the internal approach, where the modeler is (...) one of the agents involved in the situation. For this approach we propose and axiomatize a logical formalism based on epistemic logic. This leads us to formalize some intuitions about the internal approach and about its connections with the external ones. Finally, we show that our internal logic is decidable and PSPACE-complete. (shrink)

The Grand Challenges literature brings under its umbrella a wide variety of disjointed phenomena but runs the risk of reinventing the wheel as well as overlooking incremental progress and past work. To avert this, scholars need to (dis)connect (dis)similar issues, build on past research on these issues, and create opportunities for generalizability through theoretical examinations.

While Corporate Social Responsibility (CSR) is often seen to involve voluntary and deliberative approaches such as certification, governments have recently stepped into the picture through national legislation. France’s Law on Duty of Vigilance adopted in 2017 is a landmark case of such legislation. Years of voluntary CSR certification schemes led by Civil Society were replaced by a new philosophy of fighting for mandatory CSR controlled by a judge. We depict the change of mindset and the related change of roles inside (...) the coalition of Civil Society actors represents a Machiavellian Moment. The combination of collective civil society actors’ roles (namely nongovernmental organizations and labor unions) as Machiavellian _Virtue_ with disruptive events as Machiavellian _Fortuna_ made the law’s adoption possible. Based on this case study, we provide an analysis of civil society roles in the development of CSR-related legislation. (shrink)

The Cambridge Foucault Lexicon is a reference tool that provides clear and incisive definitions and descriptions of all of Foucault's major terms and influences, including history, knowledge, language, philosophy and power. It also includes entries on philosophers about whom Foucault wrote and who influenced Foucault's thinking, such as Deleuze, Heidegger, Nietzsche and Canguilhem. The entries are written by scholars of Foucault from a variety of disciplines such as philosophy, gender studies, political science and history. Together, they shed light on concepts (...) key to Foucault and to ongoing discussions of his work today. (shrink)

Building on recent formal work by Aleks Knoks, we explore how the idea that certain epistemic norms may be indeterminate could be implemented in a default logic.

After observing that the truth conditions of connectives of non–classical logics are generally defined in terms of formulas of first–order logic, we introduce ‘protologics’, a class of logics whose connectives are defined by arbitrary first–order formulas. Then, we introduce atomic and molecular logics, which are two subclasses of protologics that generalize our gaggle logics and which behave particularly well from a theoretical point of view. We also study and introduce a notion of equi-expressivity between two logics based on different classes (...) of models. We prove that, according to that notion, every pure predicate logic with \ variables and constants is as expressive as a predicate atomic logic, some sort of atomic logic. Then, we prove that the class of protologics is equally expressive as the class of molecular logics. That formally supports our claim that atomic and molecular logics are somehow ‘universal’. Finally, we identify a subclass of molecular logics that we call predicate molecular logics and which constitutes its representative core: every molecular logic is as expressive as a predicate molecular logic. (shrink)

Dr Brandwood's book presents a factual and critical account of the more important of the various attempts that have been made to establish the order of composition of Plato's dialogues by analysing his diction and prose style. Plato's literary activity covered fifty years and there is almost no direct evidence, either external or internal, to help in establishing the relative order of his writings. Until the middle of the nineteenth century people were dependent on personal interpretation of the probable line (...) of development of Plato's thought and doctrines, but then a less subjective method was discovered, which relied instead on the observation of changes in Plato's prose style. Dr Brandwood examines the investigations of each scholar individually, checking the correctness of the methodology and the accuracy of the statistics, before arriving at fairly definite conclusions of his own, at least as far as the works of Plato's middle and old age are concerned. (shrink)

In update logic as studied by Baltag, Moss, Solecki and van Benthem, little attention is paid to the interpretation of an action by an agent, which is just assumed to depend on the situation. This is actually a complex issue that nevertheless complies to some logical dynamics. In this paper, we tackle this topic. We also deal with actions that change propositional facts of the situation. In parallel, we propose a formalism to accurately represent an agent's epistemic state based on (...) hyperreal numbers. In that respect, we use infinitesimals to express what would surprise the agents (and by how much) by contradicting their beliefs. We also use a subjective probability to model the notion of belief. It turns out that our probabilistic update mechanism satisfies the AGM postulates of belief revision. (shrink)

According to a growing number of researchers, AI may pose catastrophic – or even existential – risks to humanity. Catastrophic risks may be taken to be risks of 100 million human deaths, or a similarly bad outcome. I argue that such risks – while contested – are sufficiently likely to demand rigorous discussion of potential societal responses. Subsequently, I propose four desiderata for approaches to the reduction of catastrophic risks from AI. The quality of such approaches can be assessed by (...) their chance of success, degree of beneficence, degree of non-maleficence, and beneficent side effects. Then, I employ these desiderata to evaluate the promises, limitations and risks of alignment research, timelines research, policy research, halting or slowing down AI research, and compute governance for tackling catastrophic AI risks. While more research is needed, this investigation shows that several approaches for dealing with catastrophic AI risks are available, and where their respective strengths and weaknesses lie. It turns out that many approaches are complementary and that the approaches have a nuanced relationship to approaches to present AI harms. While some approaches are similarly useful for addressing catastrophic risks and present harms, this is not always the case. (shrink)

This book educates whilst also challenging the contemporary schools of thought within philosophical and religious ethics. In addition, it underlines the fact that the substance of ethics in general and bioethics/healthcare ethics specifically, is much more expansive and inclusive than is usually thought. Bioethics is a relatively new academic discipline. However, ethics has existed informally since before the time of Hippocrates. The indigenous culture of African peoples has an ethical worldview which predates the western discourse. This indigenous ethical worldview has (...) been orally transmitted over centuries. The earliest known written African text containing some concepts and content of ethics is the “Declaration of Innocence” written in 1500 B.C., found in an Egyptian text. Ubuntu is an example of African culture that presents an ethical worldview. This work interprets the culture of Ubuntu to explain the contribution of a representative indigenous African ethics to global bioethics. Many modern scholars have written about the meaning of Ubuntu for African societies over centuries. Some scholars have viewed Ubuntu as the greatest contribution of African cultures to other world cultures. None of the scholars, however has explored the culture of Ubuntu as providing a representative indigenous ethics that can contribute to global bioethics as discussed in this book.​. (shrink)

Guillaume Collett questions to what extent we can locate Deleuze within the Lacanian School during the late-1960s, prior to Guattari. In so doing, he offers a new, integrated reading of Deleuze's The Logic of Sense by understanding it as a 'psychoanalysis of sense', and gives a new interpretation of Deleuze's conception of philosophy itself. The Psychoanalysis of Sense shows that Deleuze was not merely aware of the debates animating the Lacanian School during the 1960s: he sought to contribute to (...) them. Emphasising his appropriation of the work of post-Lacanian Serge Leclaire, Collett explains how Deleuze constructed a more singular and immanent theory of the linguistic structure of the unconscious - granting the erogenous body a larger structuring role. (shrink)

In epistemic logic, some axioms dealing with the notion of knowledge are rather convoluted and difficult to interpret intuitively, even though some of them, such as the axioms.2 and.3, are considered to be key axioms by some epistemic logicians. We show that they can be characterized in terms of understandable interaction axioms relating knowledge and belief or knowledge and conditional belief. In order to show it, we first sketch a theory dealing with the characterization of axioms in terms of interaction (...) axioms in modal logic. We then apply the main results and methods of this theory to obtain specific results related to epistemic and doxastic logics. (shrink)

Abstract“Force dynamics” refers to a previously neglected semantic category—how entities interact with respect to force. This category includes such concepts as: the exertion of force, resistance to such exertion and the overcoming of such resistance, blockage of a force and the removal of such blockage, and so forth. Force dynamics is a generalization over the traditional linguistic notion of “causative”: it analyzes “causing” into finer primitives and sets it naturally within a framework that also includes “letting,”“hindering,”“helping,” and still further notions. (...) Force dynamics, moreover, appears to be the semantic category that uniquely characterizes the grammatical category of modals, in both their basic and epistemic usages. In addition, on the basis of force dynamic parameters, numerous lexical items fall into systematic semantic patterns, and there exhibit parallelisms between physical and psychosocial reference. Further, from research on the relation of semantic structure to general cognitive structure, it appears that the concepts of force interaction that are encoded within language closely parallel concepts that appear both in early science and in naive physics and psychology. Overall, force dynamics thus emerges as a fundamental notional system that structures conceptual material pertaining to force interaction in a common way across a linguistic range: the physical, psychological, social, inferential, discourse, and mental-model domains of reference and conception. (shrink)

Critical thinking is often taught with some emphasis on categories and operations of cognitive biases. The underlying thought is that knowledge of biases equips students to reduce them. The empirical evidence, however, doesn’t provide much support for this thought. We have previously argued that the emphasis on debiasing in critical thinking education is worth preserving, but in light of a more explicit and broader conception of debiasing. We now argue that this broader conception of debiasing strategies obliges critical thinking instructors (...) and curriculum designers to reflect on the teaching approaches that might facilitate the use of those strategies. We propose some teaching techniques to expand the scope of debiasing in the classroom—some untested, some only rarely and recently characterized as critical thinking strategies, rather than as pragmatic considerations in, e.g., design, engineering, marketing. These methods and others like them, we suggest, broaden the prospects for teaching a range of effective critical thinking techniques for debiasing. (shrink)

The majority of North American corporations awakened to the need for their own ethical guidelines during the late 1970s and early 1980s, even though modern corporations are subject to a surprising multiplicity of external codes of ethics or conduct. This paper provides an understanding of both internal and external codes through a discussion of the factors behind the development of the codes, an analysis of internal codes and an identification of problems with them.

Unlike in physics, the category of thought experiment is not very common in biology. At least there are no classic examples that are as important and as well-known as the most famous thought experiments in physics, such as Galileo’s, Maxwell’s or Einstein’s. The reasons for this are far from obvious; maybe it has to do with the fact that modern biology for the most part sees itself as a thoroughly empirical discipline that engages either in real natural history or in (...) experimenting on real organisms rather than fictive ones. While theoretical biology does exist and is recognized as part of biology, its role within biology appears to be more marginal than the role of theoretical physics within physics. It could be that this marginality of theory also affects thought experiments as sources of theoretical knowledge. Of course, none of this provides a sufficient reason for thinking that thought experiments are really unimportant in biology. It is quite possible that the common perception of this matter is wrong and that there are important theoretical considerations in biology, past or present, that deserve the title of thought experiment just as much as the standard examples from physics. Some such considerations may even be widely known and considered to be important, but were not recognized as thought experiments. In fact, as we shall see, there are reasons for thinking that what is arguably the single most important biological work ever, Charles Darwin’s On the Origin of Species, contains a number of thought experiments. There are also more recent examples both in evolutionary and non-evolutionary biology, as we will show. Part of the problem in identifying positive examples in the history of biology is the lack of agreement as to what exactly a thought experiment is. Even worse, there may not be more than a family resemblance that unifies this epistemic category. We take it that classical thought experiments show the following characteristics: They serve directly or indirectly in the non-empirical epistemic evaluation of theoretical propositions, explanations or hypotheses. Thought experiments somehow appeal to the imagination. They involve hypothetical scenarios, which may or may not be fictive. In other words, thought experiments suppose that certain states of affairs hold and then try to intuit what would happen in a world where these suppositions are true. We want to examine in the following sections if there are episodes in the history of biology that satisfy these criteria. As we will show, there are a few episodes that might satisfy all three of these criteria, and many more if the imagination criterion is dropped or understood in a lose sense. In any case, this criterion is somewhat vague in the first place, unless a specific account of the imagination is presupposed. There will also be issues as to what exactly “non-empirical” means. In general, for the sake of discussion we propose to understand the term “thought experiment” here in a broad rather than a narrow sense here. We would rather be guilty of having too wide a conception of thought experiment than of missing a whole range of really interesting examples. (shrink)