The issue of interpretation is one of the major themes in the study of law and legal practices. Nonetheless, while legal interpretation plays a crucial role in the study of law, scholars have yet to reach an agreement about its nature and status in the discipline. One of the most prolific legal philosophers who is deeply engaged in the discourse of this issue is Ronald Dworkin. This article will examine his views on law as an interpretation. The constructive interpretation model (...) that Dworkin develops has posed a serious challenge for analytical jurisprudence in general, and especially, for legal positivism. The challenge is substantive and methodological; substantive, in the sense that it seeks to radically criticize a sharp separation between law and morality as prevalent in legal positivism, and methodological in the sense that it seeks to put together the analysis of legal concepts with the interpretation of law as it is regarded from the perspective of particular legal cases. Through the concept of law as interpretation, Dworkin wishes to formulate his own understanding of law as a coherent system of legal principles. Keywords: Ronald Dworkin, constructive interpretation model, external and internal skepticism, theory of law, rights thesis, difficult cases. Abstrak: Persoalan interpretasi merupakan salah satu tema besar dalam studi hukum dan praktik hukum. Kendati demikian, sementara interpretasi hukum memainkan peran krusial dalam studi hukum, para pakar masih belum sepakat mengenai hakikat dan kedudukannya dalam disiplin ilmu tersebut. Salah seorang ahli filsafat hukum yang sangat produktif dan sangat serius menggeluti persoalan ini adalah Ronald Dworkin. Artikel ini akan mengkaji pandangan Dworkin tentang hukum sabagai sebuah interpretasi. Model interpretasi konstruktif yang dikembangkan oleh Dworkin merupakan tantangan yang sangat serius bagi yurisprudensi analitis pada umumnya, dan khususnya bagi positivisme hukum. Tantangan ini bersifat substantif dan metodologis. Bersifat substantif dalam arti bahwa Dworkin mengkritik secara radikal pemisahan yang begitu tajam antara hukum dan moralitas seperti lazim terjadi dalam positivisme hukum. Tantangan ini juga bersifat metodologis dalam arti bahwa tantangan tersebut berkehendak menyatukan analisis atas konsep hukum dengan interpretasi terhadapnya, dipandang dari perspektif kasus-kasus hukum partikular. Melalui konsep hukum sebagai interpretasi, Dworkin ingin memformulasikan pemahamannya tentang hukum sebagai sebuah sistem prinsip-prinsip hukum yang koheren. Kata-kata kunci: Ronald Dworkin, model interpretasi konstruktif, skeptisisme eksternal dan internal, teori hukum, tesis hak, kasus-kasus sulit. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

We undertake the comparison between Ludwig von Bertalanffy's General Systems Theory and Alexandr Bogdanov's Tektology as two theories proposing a holistic interpretation of reality and claiming to solve problems which are unsolvable via conventional philosophic and scientific theories and methodologies. Basic misunderstandings by some Soviet authors regarding the nature of these theories -- especially in the case of Tektology -- are pointed out. The comparison is made in what concerns the general origins and purposes of the theories, their approaches to (...) the problem of organization, their treatment of mathematics and their understanding of the cybernetic concept of regulation. We contend that Tektology contains -- some 15 years earlier -- all the basic concepts which will be later developed by the General Theory of Systems. As we shall see, Tektology is the ultimate expansion of any theory of systems. This fact is widely ignored in contemporary specialized literature. We finally contend that both Tektology and the General Systems Theory are a sign of the times. A holistic secular monism is a respectable alternative to the failure of contemporary science and philosophy in guiding the life of men, in providing a raison d'être for human existence. However, we do not explore the soundness of this alternative. (shrink)

This volume will be of special concern to those involved in experimental research as well as theoretical moorings.

El objetivo propuesto en el siguiente trabajo es elucidar cómo desde la finitud de la existencia puede establecerse la problemática de la temporalidad dentro del entramado de pensamiento de Martin Heidegger. Para ello realizaremos un análisis de la conferencia de 1924 Der Begriff der Zeit, uno de los textos que allanan el camino a Sein und Zeit, en lugar de centrar la investigación en la considerada obra magna de Heidegger. Una reflexión acerca de este texto previo permitirá avanzar en el (...) análisis de la existencia al mostrar cómo el tiempo está arraigado en la existencia individual, no como un solipsismo, sino como apertura de posibilidades respecto del mundo (a la postre compartido con los otros). Una descripción fenomenológica de la muerte posibilitará la apertura al mundo, definiendo una temporalidad existencial que incluye no sólo al instante presente, sino también al pasado (concebido bajo la forma del «haber-sido») y al futuro. (shrink)

In Queer Marxism in Two Chinas Petrus Liu demonstrates how queer Marxist critics in China use queer theory as a non-liberal alternative to Western models of queer emancipation, and in doing so, he revises current understandings of what queer theory is, does, and can be.

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 47, no. 2. © 2021 by Feminist Studies, Inc. 341 Petrus Liu Thinking Gender in the Age of the Beijing Consensus Originally formulated to dispute biologically deterministic explanations of women’s subordination, the analytical distinction between sex and gender has developed in unexpected ways in transitions from one language to another. Drawing on a wide range of sources, from John Money’s sexological writings to Simone de Beauvoir’s (...) dictum, “One is not born a woman, but rather becomes one,” Anglophone feminists in the 1970s developed the distinction between sex (understood as anatomy) and gender (understood as social identity) to argue that a woman’s biological sex ought not dictate the kind of work she should do or the kind of life she should live.1 In her landmark 1975 essay, “The Traffic in Women,” Gayle Rubin coined the phrase “sex/gender system” to examine “the set of arrangements by which a society transforms biological sexuality into products of human activity, and in which these transformed sexual needs are satisfied.”2 In more recent years, however, the distinction 1. Simone de Beauvoir, The Second Sex (Paris: Gallimard, 1949; New York: Knopf, 1993), 281. Citations refer to the Knopf edition. For an account of feminist reformulations of John Money and Robert Stoller, see Jennifer Germon, Gender: A Genealogy of an Idea (New York: Palgrave Macmillan, 2009). 2. Gayle S. Rubin, Deviations: A Gayle Rubin Reader (Durham, NC: Duke University Press, 2011), 34. It is worth mentioning that sex in Rubin’s sex/gender system refers to sexual practice rather than the distinction between male and female. This understanding forms the basis of her theoretical disagreements with Judith Butler, who preserves the semantic ambiguity of sex (as 342 Petrus Liu between sex and gender has taken on an entirely different meaning as it comes to inform transgender movements and politics seeking to decouple a person’s sex assignment at birth from their future gender identity. At the same time, theories of intersectionality, women-of-color feminisms, and transnational feminisms have all developed their own theses of gender variability to contest the myth of the universal woman. The life of gender—in academic theory, politics, and social movements— has confounded the original intentions of its American theorists. It is clear that there is no singular or stable account of gender; rather, gender is always in a state of flux, incessantly rethought and reforged by the demands of an increasingly complex and asymmetric world.3 Gender is always a translation—from one discipline, context, or language to another—ineluctably intertwined with the geopolitical problems created by the violences of imperialism, colonialism, and transnational capitalism. The translation of gender into non-European languages, such as Chinese, raises questions about whether spaces previously resistant or exterior to world capitalism are now being assimilated and enfolded into the structure of neoliberal globalization defined by the Washington Consensus. Against this view, some critics maintain that China’s precipitous ascent presents an alternative model of development for the Global South called the Beijing Consensus. Considering how gender has entered different languages, including Chinese, to create new coinages that may at times appear as instruments of an imperial takeover, Judith Butler argues that the translation of gender actually offers a path of linguistic humility for English, a reminder that we cohabit a multilingual world in which no one ever owned the term.4 But how exactly do we describe that complex, multilingual world and how does gender both gender and sexuality) as the point of departure for a different kind of feminist inquiry. See Gayle Rubin with Judith Butler, “Interview: Sexual Traffic,” differences: A Journal of Feminist Cultural Studies 6, nos. 2–3 (1994): 67. 3. See Heather Love, ed. “Rethinking Sex.” Special issue, GLQ 17, no. 2 (2011): 1–221. This collection of essays conveys a sense of how Rubin’s methodological distinction between sex and gender has given rise to new ways of thinking across different disciplines about sex radicalism, crip sexuality, Black feminism, and sex trafficking. 4. Judith Butler, “Gender in Translation: Beyond Monolingualism,” philoSOPHIA 9, no. 1 (Winter 2019). Petrus Liu 343 transform it? How is the translation of gender inflected by the material conditions... (shrink)

In The Specter of Materialism Petrus Liu examines what "materialism" means for progressive queer theory and Marxist approaches to China's postsocialist economy. Liu recasts the history of queer theory in light of the Beijing Consensus, arguing that North American queer theory's inability to sustain a materialist analysis is the result of its positioning of the United States, rather than China, as the focal point of contemporary global capitalism. Analyzing relations of gender and sexuality that have been reconfigured by China's (...) global capitalist accumulation-such as dagongmei (female migrant laborers in China's export-oriented sunbelt) and money boys (rural-to-urban sex workers)-Liu argues for a materialist queer theory that positions China at the center. (shrink)

Bd. 1. Periode der Entstehung und allmählichen Ausbildung der Scholastik.-Bd. 2. Periode der Herrschaft der Scholastik. 2 v.-Bd. 3. Periode der Bekämpfung der Scholastik.

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

v. 1. Dualism in the Archaic and Early Classical periods of Greek history -- v. 2. Dualism in the political and social history of Greece in the fifth and fourth century B.C. -- v. 3. Dualism in Greek literature and philosophy in the fifth and fourth centuries B.C. -- v. 4. Dualism in the ancient Middle East -- v. 5. A cultural history of Dualism -- v. 6. Dualism in the Hellenistic world -- v. 7. Dualism in the Palestinian-Syrian region (...) during the first century A.D. until. ca. 140 -- v. 8. Gnostic dualism in Asia Minor during the first centuries A.D. (2 v.) -- v. 10. Dualism in Roman history: 1. Imperialistic dualism -- v. 11. Dualism in Roman history: 2. Dualism in interior politics and social life -- v. 12. Dualism in Roman history: 3. The Christian church in conflict with the Roman Empire and with Judaism -- v. 13. Dualism in Roman history: 4. The struggle between orthodoxy and heterodoxy in the early Christian church -- v. 14. Dualism in Roman history: 5. Enemies of the Roman Order -- v. 15. Imperialism in medieval history I : dualism in Byzantine history, 476-638 and dualism in Islam, 572-732 -- v. 16. Imperialism in medieval history II : dualism in German history I -- v. 17. Imperialism in medieval history III : dualism in German history II -- v. 18. The dualism of the Christian and Muslim worlds during the middle ages -- v. 20. Gnostic-dualistic tendencies in the history of medieval Europe -- v. 21. Dualism and non-dualism in medieval theology and philosophy. (shrink)

Duhem is commonly held to have founded his view of history of science as continuous on the ‘metaphsical assertion’ of natural classification. With the help of a strict distinction between formal and material characterization of natural classification I try to show that this imputation is problematic, if not simply incorrect. My analysis opens alternative perspectives on Duhem's talk of continuity, the ideal form of theories, and the rôle of ‘bon sens’; moreover it emphasizes some aspects of Duhem's realism that play (...) an important part in his philosophy of science. (shrink)

In this article, I would like to clarify Austin's thesis that illocutionary acts are essentially conventional and to show, how this idea is connected with his concept of securing uptake. Contrary to what most critics believe, I will show that Austin provides a criterion characterising the nature of all illocutionary acts and allowing to distinguish them from perlocutionary acts.

The goal of this article is to analyze the way in which Edith Stein describes the human subject throughout her research, including her phenomenological phaseand the period of her Christian philosophy. In order to do this, I trace essential moments in Husserl’s philosophy, showing both Stein’s reliance upon Husserl andher originality. Both thinkers believe that an analysis of the human being can be carried out by examining consciousness and its lived experiences. Through suchan examination Stein arrives at the same conclusion (...) as Husserl, namely, that the human subject is formed of body, psyche, and spirit (Geist). Stein’s originalityconsists in a further development of the complexity of the human being. She maps this out, providing detailed analyses of the I, the soul, the spirit, and, ultimately,the person. She makes use of medieval philosophical anthropology, including that of Thomas Aquinas and Augustine of Hippo. (shrink)

The goal of this article is to analyze the way in which Edith Stein describes the human subject throughout her research, including her phenomenological phaseand the period of her Christian philosophy. In order to do this, I trace essential moments in Husserl’s philosophy, showing both Stein’s reliance upon Husserl andher originality. Both thinkers believe that an analysis of the human being can be carried out by examining consciousness and its lived experiences. Through suchan examination Stein arrives at the same conclusion (...) as Husserl, namely, that the human subject is formed of body, psyche, and spirit (Geist). Stein’s originalityconsists in a further development of the complexity of the human being. She maps this out, providing detailed analyses of the I, the soul, the spirit, and, ultimately,the person. She makes use of medieval philosophical anthropology, including that of Thomas Aquinas and Augustine of Hippo. (shrink)

This chapter contains sections titled: Introduction Particularism vs. Universalism Modern vs. Traditional Philosophy and Language Conceptual Decolonization and the Question of Democracy and Consensus The Problem of Linguistic Inadequacy Whither African Philosophy?

This article argues that the key crisis that has overtaken today’s global economy is the classical capitalist crisis of over-accumulation. Reaganism and structural adjustment were efforts to overcome this crisis in the 1980s, with little success, followed by globalization in the 1990s. The Clinton administration embraced globalization as the “Grand Strategy” of the United States, its two key prongs being the accelerated integration of markets and production by transnational corporations and the creation of a multilateral system of global governance, the (...) pillars of which were the World Trade Organization, the International Monetary Fund and the World Bank. The goal of creating a functionally integrated global economy, however, stalled, and the multilateral system began to unravel,thanks among other things to the multiple crises created by the globalization of finance, which was the main trend of the period. In response partly to these crises, partly to increasing competition with traditionally subservient centre economies, and partly to political resistance in the South, Washington under the Bush administration has retreated from the globalist project, adopting a nationalist strategy consisting of disciplining the South through unilateralist military adventures, reverting to methods of primitive accumulation in exploiting the developing world, and making other centre economies bear the brunt of global adjustments necessitated by the crisis of over-accumulation. (shrink)

In recent years, animal welfare has become an important element of sustainable production that has evolved along with the transformation of animal production systems. Consumer attitudes towards farm animal welfare are changing around the world, especially at emerging markets of Asia, Africa and Latin America. Survey-based research on consumer attitudes towards farm animal welfare has increased. However, the geographical coverage of studies on consumer attitudes and perceptions about farm animal welfare has mostly been limited to Europe, and North America. Until (...) now, Latin American consumers’ attitudes towards animal welfare have not been well studied. Despite the fact that Mexico, Chile and Brazil belong to the same region, there are marked differences between these countries in terms of their economical and geographical characteristics among other factors. Those differences potentially have an impact on consumer attitudes towards animal welfare and livestock production systems in general. Given the evidence from the literature review, it seems advisable that Latin American producers and food industry who engage in animal welfare-enhancing practices should clearly label their products with information on the type of husbandry system to reach those consumers who want to make an informed choice. Therefore, there are some aspects that need to be studied and cannot be worked separately in order to promote and understand consumer attitudes towards dairy and beef systems, such as geography, economic development, and politics. (shrink)

Editio princeps of Peter Thomae's De ente. It is generally acknowledged by historians of philosophy that medieval philosophers made key contributions to the discussion of the problem of being and the fundamental issues of metaphysics. The Quaestiones de ente of Peter Thomae, composed at Barcelona ca. 1325, is the longest medieval work devoted to the problem of being as well as the most systematic. The work is divided into three parts: the concept of being, the attributes of being, and the (...) descent of being. Many of the philosophical tools that Peter pioneered in this work, such as the distinction between objective being and subjective being, and various modes of quiddities and abstraction, were adopted by later thinkers and discussed up to the eighteenth century. Apart from defending and further extending Scotistic doctrine, one of Peter's achievements in the De ente is to fully reconcile Scotistic univocity with the traditional doctrine of the analogy of being. In addition to the critical edition, the present volume also contains a detailed introduction and study of the philosophy and the manuscripts of the De ente, with an appendix containing the Question on univocity by Francis Marbres (John the Canon), who copied extensively from the De ente. (shrink)

This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.