National <.lt> domain name disputes in Lithuania are the ones which courts must decide without having any specific legal regulation. In such cases courts shall apply analogy of law, customs and general principals of law. Last but not least, the courts must address international legal practice as regards the domain name disputes, i.e. take into account the famous ICANN Uniform Domain Name Dispute Resolution Policy adopted in 1999 and mostly applied by the (...) panels of WIPO Arbitration and Mediation Centre while dealing with disputes on generic top level domain names <.com>, <.net>, <.org>, also analyse the practice of ADR cases of Czech Arbitration Court which has the jurisdiction over <.eu> domain name disputes. This article deals with the case-law of Lithuanian courts in <.lt> domain name disputes and analysis the trends of Lithuanian internet law as regards the protection of the owners of intellectual property in Lithuania. The special attention is given to the phenomenon of cybersquatting in Lithuania and the lack of effective means to fight such unfair practices on the net. (shrink)

As an alternative dispute resolution procedure, Domain Name Arbitration addresses not only contentions regarding the ownership of web pages, but also infringements of the Intellectual Property law such as cyber squatting or Internet piracy. In this spirit, panelists of the World Intellectual Property Organization enact law in accordance with what the involved parties provide them as burden of proof. Following this line of thought, we can assume that one party may remain unrepresented when it is not able to (...) accomplish legal procedures successfully. Nevertheless, does this kind of asymmetry always function in the way that we presume? This paper sets out to study how WIPO panelists tackle knowledge asymmetries when being manifested in Domain Name Arbitration. In particular, this paper concentrates on comparing two Domain Name Arbitration processes in which knowledge asymmetries play a significant role in the panelist’s final-and legally binding- decision. This analysis also examines how specific text-internal features give us a hint of unbalanced relationships between the Complainant and the Respondent of a Domain Name Arbitration process. It endeavors, thus, to understand how lexical, rhetorical-grammatical and discursive features work within discourse and may reach to influence the communicative act itself. Following Vijay K. Bhatia’s critical discourse analysis as main theoretical framework, this paper tries to comprehend the role asymmetries play in enacting Domain Name law. (shrink)

To prevent domains from cyber-piracy, the WIPO offers private and confidential procedures tasked to address the legitimate use of a domain name. WIPO domain name arbitration consists of an alternative dispute resolution process in which one or more panelists make a binding decision over the legitimacy of a domain. This article investigates the structure of the discourse of this professional genre. Following Maley, this study focuses, first, on spotting the generic moves of WIPO domain (...) name arbitration decisions. Second, the analysis unveils patterns shaping WIPO domain name arbitration decisions, hence exploring how discursive features work within this specialized discourse. Third, it examines whether corpus data reveal that this type of professional discourse has entered into a process of standardization. The study is based on Bhatia’s multi-perspective four-space model of discourse. This analytical framework emphasizes a multidisciplinary and multidimensional perspective which highlights that discourse is indistinguishable from constructing reality. (shrink)

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions about (...) how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

Despite major advances in gender equality, patrilineal naming—children being granted their father’s surname—persists as a largely unquestioned norm in those Western countries with predominantly Anglo traditions, even in families where mothers retain their birth names. In Australia, when parents cannot agree on the child’s surname, the issue will go to a court or tribunal, to be decided by a judicial decision-maker. Apart from Jonathan Herring’s work in the UK, such cases have been little examined by scholars. This paper explores the (...) question of whether child surnames chosen by Australian courts—a supposedly neutral and objective third party—uphold patriarchal logic or provide more equitable outcomes. Using a feminist critical discourse framework, we examine five recent court judgments about child surname disputes, and six news articles about these types of cases. While these cases are not a representative sample, we find that, despite the existence of specific legal principles relating to children’s surnames, decision-makers’ judgments were inconsistent and subjective. Furthermore, mothers’ names tended to be granted to children when fathers were deemed to be ‘bad dads.’. (shrink)

RésuméCet article examine le duel à l’époque moderne entendu à la fois comme la forme suprême de la querelle, son aboutissement naturel sous certaines conditions, alors qu’il est lui-même objet de controverses vives. Le duel, qui repose sur des lois, réglemente le dissensus en même temps qu’il le porte à son paroxysme. Il peut servir de révélateur de la place du dissensus dans la société, de la façon dont les rapports sociaux prennent acte du désaccord entre les individus et réglementent (...) les façons de le résoudre. Cet article examine la forme du duel comme fin des querelles. Il se porte ensuite sur les controverses autour des duels. Il examine enfin la place du duel dans la littérature, sa fonction poétique et dramatique, afin de souligner les façons dont le texte littéraire participe de cette réflexion sur le duel. (shrink)

This book offers an innovative, unified theoretical model for better understanding of the processes underpinning naming and framing and the power of words in shaping our perceived reality.

This article introduces the concept of alternate dispute resolution, and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators have observed that formal (...) litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts. (shrink)

(Open Access.) Quantifiers frequently figure in works of fiction. But occurrences of quantificational expressions within fictions seem no more inevitably to be associated with real domains than uses of names within fictions seem inevitably to be associated with existing referents. The paper outlines some philosophical puzzles resulting from this apparent lack of associated domains, puzzles that are broadly analogous to more familiar ones raised by the apparently nonreferential nature of many fictional names. The paper argues, in the light of an (...) important disanalogy between quantifiers and names, that the quantificational puzzles are substantive, in that they cannot be resolved merely by appealing to the possibility of empty domains. It then argues that, despite the cited parallels between occurrences of quantifiers and names within fictions, promising treatments of fictional names do not always straightforwardly generalise to provide accounts of the quantificational phenomena: the quantificational puzzles are therefore not only substantive but also distinctive. The paper provides further testament to the depth and interest of the problems involving content that are generated by fiction, by identifying a very wide range of previously neglected cases, while also helping to situate within a broader context the notoriously hard philosophical challenges posed by fictional names. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between economic actors (...) could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam by Larry Benjamin MillerKhaled El-RouayhebLarry Benjamin Miller. Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam. Logic, Argumentation and Reasoning 21. Cham: Springer 2020. Pp. xviii + 143. Hardback, €77.99.Very few unpublished PhD dissertations have had a formative influence on a field. One of the precious few is Larry Miller's Princeton dissertation from (...) 1984 on Islamic disputation theory. It proposed an original and compelling account of the development of the discipline, from the earliest extant Arabic works in the tenth century to the composition of classic madrasa handbooks in the late thirteenth century. It has been cited regularly in the past decades and has served as the starting point for all later studies of Arabic/Islamic dialectics in European languages. The fact that it has finally been published is a fitting tribute to a study that is even more admirable for having been written when many of the primary sources were still only available as manuscripts.Part of the explanation for why the dissertation was not published sooner may be that its author did not pursue an academic career. And as he states in a short preface, he has not kept abreast of all relevant studies and editions that have appeared since his dissertation. A thorough revision and update has therefore not been possible. Though some minor corrections and revisions have been made, the book is still by and large the influential 1984 dissertation, now made available with a short introduction by Walter Young, one of the leading younger scholars in the field, along with helpful indices of proper names and subjects.Miller's narrative begins with Arabic works on disputation (jadal) by a number of theologians from the late ninth and tenth centuries, such as Ibn al-Rāwandī (d. 911), [End Page 518] al-Ash'arī (d. 935), and the Karaite Jewish scholar al-Qirqisānī (d. ca. 960). The basic assumption was that a questioner (sā'il) would ask a claimant (mu'allil) (i) what his view is; (ii) what the ground or reason ('illa) for that view is; (iii) the appropriateness of the ground/reason for the view; and (iv) to verify the ground/reason by showing it to be commensurate with the view. The ground/reason for the theological dialecticians was standardly an entity or property, not a premise. The reasoning tended to be informal and analogical, as opposed to explicitly making syllogistic deductions from quantified premises.Parallel to this theological tradition of jadal, there was an Arabic Aristotelian tradition that took its point of departure from Aristotle's Topics, translated into Arabic more than once in the period from the late eighth to the early tenth centuries. Though also often referred to as jadal, this tradition, represented by the writings of al-Farabi (d. 950), Avicenna (d. 1037), and Averroes (d. 1198), retained distinct features. It tended to deny any epistemic value to dialectics, instead seeing it as useful only insofar as it provided logical training. For the Aristotelian/Neoplatonic philosophers, the pursuit of truth was the preserve of demonstrative syllogism (burhān). Whereas the theological dialecticians envisaged a claimant (mu'allil) and a questioner (sā'il), with the burden of proof on the former, the philosophical tradition had a questioner (sā'il) seek, in the manner of Socratic elenchus, to elicit from a respondent (mujῑb) a series of answers that would allow the construction of a syllogism whose conclusion contradicted the respondent's initial position.From the time of al-Ghazali (d. 1111), Islamic theologians tended to take over the syllogistic ideal of reasoning from the philosophers, perhaps explaining why theological writings on jadal trail off after the eleventh century. The informal, analogical jadal tradition continued, however, in the writings of Islamic jurists. From the eleventh century, scholars such as Abū Isḥāq al-Shīrāzī (d. 1083) and al-Juwaynī (d. 1085) wrote works on jadal in which the examples are disputes about questions of Islamic law and the disputants are partisans of the various legal schools. This tradition of what Miller calls "juristic dialectics" (74, 95) later adopted some... (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...) occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

Truth pluralists say that truth-bearers in different “discourses”, “domains”, “domains of discourse”, or “domains of inquiry” are apt to be true in different ways – for instance, that mathematical discourse or ethical discourse is apt to be true in a different way to ordinary descriptive or scientific discourse. Moreover, the notion of a “domain” is often explicitly employed in formulating pluralist theories of truth. Consequently, the notion of a “domain” is attracting increasing attention, both critical and constructive. I (...) argue that this is a red herring. First, I identify the theoretical role for which pluralists appeal to domains, which is to answer what I call the “Individuation Problem”: saying what determines the way in which a particular truth-bearer is apt to be true. Second, I argue that pluralists need not appeal to domains for this purpose. I thus conclude that, despite the usual way of glossing the view, there is no role for the notion of a “domain” to play in the pluralist’s theory of truth. I argue that this defuses the “Problem of Mixed Atomics” and allows the pluralist to sidestep potentially intractable disputes about the nature of domains. (shrink)

A cause is proportional to its effect when, roughly speaking, it is at the right level of detail. There is a lively debate about whether proportionality is a necessary condition for causation. One of the main arguments against a proportionality constraint on causation is that many ordinary and seemingly perfectly acceptable causal claims cite causes that are not proportional to their effects. In this paper, I suggest that proponents of a proportionality constraint can respond to this objection by developing an (...) idea that is present in Yablo’s early work on proportionality, but which has strangely been ignored by both Yablo and others in the subsequent debate. My suggestion is that proportionality—and, indeed, causation itself—is relative to a domain of events. At the metaphysical level, this means that the causal relation has an extra relatum—namely, a domain of events. At the level of language, it introduces a new way in which causal claims are context-sensitive: what is expressed by a causal claim depends on the contextually relevant domain of events. As I argue, this suggestion allows us to accommodate the truth of ordinary causal claims while extending the explanatory benefits of a proportionality constraint. (shrink)

This paper argues for explanatory eliminativism about topics (and cognates, such as subject matters) relative to the domain of conceptual engineering. It has become usual to think that topics serve an important explanatory role in theories of conceptual engineering, namely, to determine the limits of revision. I argue, first, that such limits can be understood either as thenormative limitspertaining to the justification of conceptual engineering, as themetaphysical limitspertaining to the identity of the concepts in question, or as theterminological limitspertaining (...) to usage of the original terminology. Second, I argue that the metaphysical reading is disputable as a theory of concepts and inconsequential for conceptual engineers, and that neither of the two leading accounts of topics that have been presented in the literature—the samesaying account and functionalism—determine the limits of revision in either of the two remaining senses. In the absence of more promising competitors, I conclude that there is no theoretical role for topics to play in theories of conceptual engineering. An upshot of my argument is that conceptual engineers should stop worrying about things like topic (dis)continuity, and instead shift their attention to the issues that really matter for justifying conceptual revisions or replacements, making terminological choices, and underpinning conceptual engineering with a theory of concepts. (shrink)

The paper aims to address the following two questions: what kind of discourse is that which attempt to found or defend the autonomy or the boundaries of a discipline? Why do such discourses tend to turn into normative, dogmatic-excommunicating discourses between disciplines, schools or scholars? I will argue that an adequate answer may be found if we conceive disciplines as dogmatics, where such discourses often take the form of a discourse on the foundation of a discipline, a foundation in the (...) name of which the scholar speaks and with which he/she entertains an identity relationship. To this purpose I will re-examine the methodological discourses of (and debates between) Pareto, Croce and Einaudi on the demarcation issue between philosophy, economics and value-judgments as highly instructive to understand such issues. (shrink)

There are many examples offered as evidence that proper names are predicates. Not all of these cases speak to a name’s semantic content, but many of them do. Some of these include attributive, quantifier, and ambiguity cases. We will explore those cases here, and we will see that none of them conclusively show that names are predicates. In fact, all of these constructions can be given alternative analyses that eliminate the predicative characteristics of names they feature. These analyses do (...) not involve having names functioning as predicates in any way at all. In attributive cases, the names within them are to be understood as occurring in a comparative construction, not an attributive construction. In the last two sorts of cases, the names that occur are analyzed as part of a more complex referring device for a specific domain, rather than functioning as predicates. Both paraphrases can be given plausible semantic treatments that have significant advantages over their competitors. For this reason, there is less motivation to focus on predicative views of proper names. (shrink)

A Border Disputeintegrates the latest work in logic and semantics into a theory of language learning and presents six worked examples of how that theory revolutionizes cognitive psychology. Macnamara's thesis is set against the background of a fresh analysis of the psychologism debate of the 19th-century, which led to the current standoff between logic and psychology. The book presents psychologism through the writings of John Stuart Mill and Immanuel Kant, and its rejection by Gottlob Frege and Edmund Husserl. It then (...) works out the general thesis that logic ideally presents a competence theory for part of human reasoning and explains how logical intuition is grounded in properties of the mind. The next six chapters present examples that illustrate the relevance of logic to psychology. These problems are all in the semantics of child language (the learning of proper names, personal pronouns, sortals or common nouns, quantifiers, and the truth-functional connectives) and reflect Macnamara's rich background in developmental psychology, particularly child language - a field, he points out, that embraces all of cognition. Technical problems raised by but not included in the examples in the main part of the text are dealt with in a separate chapter. The book concludes by describing laws in cognitive psychology, or the type of science made possible by Macnamara's new theory. John Macnamara is Professor of Psychology and Director of the Program in the History and Philosophy of Science, McGill University. A Bradford Book. (shrink)

This essay asks whether and how a Reformational epistemology should distinguish different types of knowledge within a unified conception of knowledge as a whole. I begin with the thesis that knowledge, in its deepest meaning, is not a thing to possess but a complex relationship to inhabit. It encompasses human knowers, practices of knowing, the knowable, known results, guiding principles, and procedures of confirmation. Within this complex relationship, humans achieve insight of various sorts. After briefly distinguishing artistic from scientific knowledge, (...) I examine two other social domains of knowledge, namely, technology and religion. Taking issue with Hendrik Hart, I then argue for the religious legitimacy of propositional beliefs, provided they support genuinely religious knowledge, which is post-propositional. Knowledge, I conclude, takes on distinct contours within different social domains; some of them, like art and technology, provide pre-propositional insight, and others, like religion, offer insight that is post-propositional. (shrink)

Two theories of implicit domain restriction have gained considerable prominence over the last two decades. According to von Fintel (Restrictions on quantifier domaines, Ph.D. thesis, University of Massachusetts at Amherst, 1994), quantifiers come with covert restrictors and, as a result of this, induce domain restriction; according to Stanley [in Gerhard and Peter (eds) Logical form and language, Clarendon Press, Oxford, 2002; Stanley and Szabó (Mind Lang 15(2–3):2192–2161, 2000)], by contrast, nouns, as opposed to quantifiers, come with covert restrictors. (...) In this article, I do three things. First, I assess the arguments that have been given for and against these two accounts and show that none of them is conclusive. Second, I advance a novel empirical argument based on the observed pragmatic behaviour of bare nouns, an argument that falsifies Stanley’s theory while providing clear evidence in support of von Fintel’s (1994). Finally, I discuss the relevance of the bare noun data in the context of another important debate—namely, whether domain restriction is a local mechanism only, or whether it can also be achieved by global means. (shrink)

This paper argues for explanatory eliminativism about topics (and cognates, such as subject matters) relative to the domain of conceptual engineering. It has become usual to think that topics serve an important explanatory role in theories of conceptual engineering, namely, to determine the limits of revision. I argue, first, that such limits can be understood either as the normative limits pertaining to the justification of conceptual engineering, as the metaphysical limits pertaining to the identity of the concepts in question, (...) or as the terminological limits pertaining to usage of the original terminology. Second, I argue that the metaphysical reading is disputable as a theory of concepts and inconsequential for conceptual engineers, and that neither of the two leading accounts of topics that have been presented in the literature—the samesaying account and functionalism—determine the limits of revision in either of the two remaining senses. In the absence of more promising competitors, I conclude that there is no theoretical role for topics to play in theories of conceptual engineering. An upshot of my argument is that conceptual engineers should stop worrying about things like topic (dis)continuity, and instead shift their attention to the issues that really matter for justifying conceptual revisions or replacements, making terminological choices, and underpinning conceptual engineering with a theory of concepts. (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 16 Heft: 1 Seiten: 95-114.

In this article, we propose a philosophical exploration on the main problems involved in two neurorights that concern autonomous action, namely free will and cognitive liberty, and sketch a possible solution to these problems by resourcing to a holistic interpretation of human actions. First, we expose the main conceptual and practical issues arising from the neuroright to “free will,” which are far from minor: the term itself is denied by some trends participating in the neurorights debate, the related concept of (...) ultimate control is also disputed, the understanding of free will depends on cultural context, and the exercise of being free to act in several domains may be covered by other regulations. Second, we analyze the historical origin of cognitive liberty, its current status, and its relation with free will. Third, we criticize the concept of decision in mainstream action theory and propose to conceive action as a unified process constituted by three explanatory, non-sequential dimensions: intention, decision, and action realization. Fourth, we discuss two possible cases involving neurotechnologies and suggest ways to interpret them according to a unified framework in which free will and cognitive liberty fall under a single neuroright to personal autonomy. Finally, we outline a recommendation to introduce freedom of thought and personal autonomy as complementary neurorights to protect both the internal and external dimensions of thought and action. (shrink)

Both Carnap and Quine made significant contributions to the philosophy of mathematics despite their diversedviews. Carnap endorsed the dichotomy between analytic and synthetic knowledge and classified certainmathematical questions as internal questions appealing to logic and convention. On the contrary, Quine wasopposed to the analytic-synthetic distinction and promoted a holistic view of scientific inquiry. The purpose of thispaper is to argue that in light of the recent advancement of experimental mathematics such as Monte Carlosimulations, limiting mathematical inquiry to the domain (...) of logic is unjustified. Robustness studies implemented inMonte Carlo Studies demonstrate that mathematics is on par with other experimental-based sciences. (shrink)

Both Carnap and Quine made significant contributions to the philosophy of mathematics despite their diversed views. Carnap endorsed the dichotomy between analytic and synthetic knowledge and classified certain mathematical questions as internal questions appealing to logic and convention. On the contrary, Quine was opposed to the analytic-synthetic distinction and promoted a holistic view of scientific inquiry. The purpose of this paper is to argue that in light of the recent advancement of experimental mathematics such as Monte Carlo simulations, limiting mathematical (...) inquiry to the domain of logic is unjustified. Robustness studies implemented in Monte Carlo Studies demonstrate that mathematics is on par with other experimental-based sciences. (shrink)

We trace self-reference phenomena to the possibility of naming functions by names that belong to the domain over which the functions are defined. A naming system is a structure of the form ,{ }), where D is a non-empty set; for every a∈ D, which is a name of a k-ary function, {a}: Dk → D is the function named by a, and type is the type of a, which tells us if a is a name and, (...) if it is, the arity of the named function. Under quite general conditions we get a fixed point theorem, whose special cases include the fixed point theorem underlying Gödel's proof, Kleene's recursion theorem and many other theorems of this nature, including the solution to simultaneous fixed point equations. Partial functions are accommodated by including “undefined” values; we investigate different systems arising out of different ways of dealing with them. Many-sorted naming systems are suggested as a natural approach to general computatability with many data types over arbitrary structures. The first part of the paper is a historical reconstruction of the way Gödel probably derived his proof from Cantor's diagonalization, through the semantic version of Richard. The incompleteness proof–including the fixed point construction–result from a natural line of thought, thereby dispelling the appearance of a “magic trick”. The analysis goes on to show how Kleene's recursion theorem is obtained along the same lines. (shrink)

Les Disputationes Metaphysicae de Suarez, publiées en 1597, constituent le moment culminant de la pensée scolastique au siècle d’or espagnol. Mais elles traduisent également l’avènement d’un point de rupture dans le déploiement de l’histoire de la métaphysique. La notion de Disputatio s’inscrit, d’une part, dans le prolongement de la terminologie conceptuelle médiévale. D’autre part, que la Disputatio se dise métaphysique, laisse présupposer que sa finalité ne saurait se limiter au domaine logico-théologique. Il convient, certes, d’articuler les principes métaphysiques aux vérités (...) théologiques, mais également, d’effectuer par un geste inaugural, l’espace d’une autonomisation de la philosophie première par rapport à la théologie divine et surnaturelle.Avec l’œuvre de Suarez, la métaphysique est confrontée à la possibilité de la systématicité de son déploiement. (shrink)

The ability of bilingual individuals to manage two competing languages is assumed to rely on both domain-specific language control and domain-general control mechanisms. However, previous studies have reported mixed findings about the extent and nature of cross-domain generality. The present study examined the role of language dominance, along with bilingual language experience, in the relationship between word recognition and domain-general cognitive control. Two single-language lexical decision tasks and a domain-general flanker task were administered to bilinguals (...) who live in the sociolinguistic context of a minority and a majority language, namely, Uyghur and Chinese, respectively. The results showed a diversity in language dominance patterns with better performance in L2 than L1 in the recognition modality, even for participants who self-identified as globally being dominant in L1. This finding reflected all bilinguals’ self-evaluation that their preferred language for reading was L2, suggesting that language dominance is dynamic, depending on what language modality is measured. Furthermore, it was found that an earlier onset age of L2 acquisition and a higher across-modality dominance in L2 were related to faster L2 word recognition. When self-reported language dominance was operationalised as a grouping variable, it was further found that both across-modality L1- and L2-dominant bilingual participants demonstrated a significant relationship between L2 word recognition and domain-general monitoring control, while only L1-dominant bilinguals additionally tapped into inhibitory control, indexed by the flanker effect during L2 word recognition. These findings suggest that language dominance has an impact on the extent and nature of the overlap in control mechanisms across specific linguistic and domain-general cognitive domains and add evidence to a domain-general monitoring account of bilingual word recognition. (shrink)

Evolutionary Psychology (EP) tends to be associated with a Massively Modular (MM) cognitive architecture. I argue that EP favors a non-MM cognitive architecture. The main point of dispute is whether central cognition, such as abstract reasoning, exhibits domain-general properties. Partisans of EP argue that domain-specific modules govern central cognition, for it is unclear how the cognitive mind could have evolved domain-generality. In response, I defend a distinction between exogenous and endogenous selection pressures, according to which exogenous pressures (...) tend to select for domain-specificity, whereas the latter, endogenous pressures, select in favor of domain-generality. I draw on models from brain network theory to motivate this distinction, and also to establish that a domain-general, non-MM cognitive architecture is the more parsimonious adaptive solution to endogenous pressures. (shrink)

A quick scan of the leading figures in western philosophy reveals that relatively few have made a name for themselves by defending intuitive, natural, and sensible positions. Aristotle is one, and perhaps Aquinas is another. Francisco Suarez, the sixteenth-century Spanish scholastic, would be a third. His invariable working procedure is to give copious consideration to the various ancient and medieval views, and then to find some sensible compromise position. But today Suarez can hardly claim to have a broad readership. (...) Of his fifty-four Metaphysical Disputations, only nine have now been published in English, while his other works remain almost entirely untranslated. This clear and accurate new translation aims to show readers what they have been missing. (shrink)

The story of superheavy elements - those at the very end of the periodic table - is not well known outside the community of heavy-ion physicists and nuclear chemists. But it is a most interesting story which deserves to be known also to historians, philosophers, and sociologists of science and indeed to the general public. This is what the present work aims at. It tells the story or rather parts of the story, of how physicists and chemists created elements heavier (...) than uranium or searched for them in nature. And it does so with an emphasis on the frequent discovery and naming disputes concerning the synthesis of very heavy elements. Moreover, it calls attention to the criteria which scientists have adopted for what it means to have discovered a new element. In this branch of modern science it may be more appropriate to speak of creation instead of discovery. The work will be of interest to scientists as well as to scholars studying modern science from a meta-perspective. (shrink)

The well-known classification of legal procedure into “four feet” presents certain conceptual problems for the Indian legal tradition that various Smṛtikāras and commentators have attempted to resolve in different and sometimes contradictory ways. These difficulties arise because the four feet originally referred in Indian legal theory to four distinct, hierarchical legal domains rather than procedural means for reaching a verdict. The earliest attested discussion of the four feet, found in Kauṭilya’s Arthaśāstra, indicates that early legal theorists understood the greater legal (...) order as being comprised of four hierarchical domains and that these domains were ordered by the state as expressed in the original formulation of the four feet. Among the four legal domains, that of vyavahāra was developed by the state itself as a realm of public, transactional law meant to address disputes that could not be resolved in other legal forums. From this we can conclude that the origin of Indian jurisprudence lies with state efforts to formalize and enforce the laws of public transactions. The reinterpretation of the four feet by later jurists was motivated perhaps by resistance to one of the fundamental relationships expressed in the four feet, namely that royal authority possessed the greatest legal authority, independent of Brāhmaṇical law. (shrink)

Across languages, we find indefinites that trigger modal inferences. One such indefinite is Spanish alg´un. The sentence in (1), for instance, makes an existential claim (that there is a student that Mar´ıa married), and additionally conveys that the speaker does not know which student satisfies this claim. Hence, adding the continuation namely Pedro, which explicitly identifies the student that Mar´ıa married, would result in oddity. In contrast, the counterpart of (1) with the ‘plain’ indefinite un allows for such a continuation, (...) witness (2). (shrink)

The compatibilism debate revolves around the question whether moral responsibility and free will are compatible with determinism. Prima facie, this seems to be a substantial issue. But according to the triviality objection, the disagreement is merely verbal: compatibilists and incompatibilists, it is maintained, are talking past each other, since they use the terms “free will” and “moral responsibility” in different senses. In this paper I argue, first, that the triviality objection is indeed a formidable one and that the standard replies (...) to it are unconvincing. This, however, does not mean that the objection succeeds. Starting with the debate about moral responsibility, I attempt to show that there is an account of moral responsibility which enables us to defend the compatibilism debate against the charge of triviality—namely, the normative conception of moral responsibility. If “moral responsibility” is defined in normative terms, then we cannot distinguish between a compatibilist and an incompatibilist sense of “moral responsibility”, because such a disambiguation would be inconsistent with the essential action-guiding force of normative expressions. Finally, I examine how the normative conception of moral responsibility can help us to defend the free will debate against the triviality objection and draw some general conclusions. (shrink)

In everyday usage, ‘realism’ is often used as a name for a practically or epistemically low-ambition attitude, while ‘idealism’ is often taken to denote a highambition—if not utopian—attitude. In philosophcal usage, mostly, it is the other way around: those who are called realists tend to claim more than their opponents—they are the philosophical optimists. Within philosophy itself, ‘realism’ adopts a variety of interrelated and contested meanings. It is used as the name for doctrines about issues such as perceptual (...) access to reality, the existence of universals, the goals and achievements of science, the nature of truth, the objectivity of morality, and many other things. Given this variety, no single shorthand definition of the term ‘realism’ can be provided. One manifestation of this variety is that the opponents of realism about these issues are not called uniformly by a single label (other than the rather uninformative ‘antirealism’): the labels used include idealism, phenomenalism, instrumentalism, conventionalism, fictionalism, noncognitivism, constructivism, relativism, irrealism, and others. Sometimes such labels vary from one dispute or domain to another even when similar ideas are being expressed. Sometimes they are used to make claims that are specific to the domain at hand and distinct from other antirealist theses. In what follows a brief tour will be taken along some of the representative philosophical highways and lanes, from ontology through semantics to epistemology. Along the way, realism will be confronted with some of its various opponents and internal conflicts. The philosophical landscape in the neighborhood of realism is nowadays much broader than it used to be: in a typical older encyclopedia, ‘realism’ was taken to name doctrines about universals or about perception, or both, to the exclusion of much of its present coverage, and many of the current opponents were missing from view altogether. (shrink)

Historians have recently paid increasing attention to the role of the disputation in Italian universities and humanist circles. By contrast, the role of disputations as forms of entertainment at fifteenth-century Italian courts has been somewhat overlooked. In this article, the Milanese "scientific duel" described in Luca Pacioli's De divina proportione is taken as a vantage point for the study of the dynamics of scientific patronage and social advancement as reflected in Renaissance courtly disputes. Pacioli names Leonardo da Vinci as (...) one of the participants in the Milanese dispute. In this paper I argue that Leonardo's Paragone and Pacioli's De divina proportione are likewise the outcome of the Milanese "scientific duel." By challenging the traditional hierarchy of the arts, they both exemplify the dynamics of social and intellectual promotion of mathematicians and artists in the privileged setting of Renaissance courts, where courtly patronage could subvert the traditional disciplinary rankings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 37-75 [Access article in PDF] The Nature of Paradigms and Paradigm Shifts in Music Education Elvira Panaiotidi North Ossetian State Pedagogical Institute, Russia The advent of the praxial philosophy of music education in the mid-1990s and its systematic development in David Elliott's Music Matters: A New Philosophy of Music Education1 created an unprecedented situation in music education in North America. Having brought (...) to an end the monopoly of one theoretical approach, that of music education as aesthetic education (MEAE), it challenged the music education community with a choice. While Elliott tried to convince music educators of the falsity of MEAE and of the advantages of his own conception, Bennett Reimer and his proponents defended their position. The polemic between "aestheticians" and "praxialists," represented by the exchange between Reimer and Elliott in the Bulletin of the Council for Research in Music Education, 2 brought to light a methodological deficiency in music education theory, namely, its inability to provide tenacious theoretical footing which could help settle the dispute. How do changes in the theory and practice [End Page 37] of music education occur? What are the rational standards by which to judge theories? What is the nature and logic of a dynamic development in music education theory and practice? These and similar questions have remained largely unapproached by music educators.The present paper is an attempt to initiate a discussion on these issues by exposing one possible metatheoretical strategy. As the title suggests, the strategy I am going to employ is based on the concept of paradigm. This Greek term which was once used to describe Platonic ideas, nowadays broadly circulates in descriptions of transformative processes in nearly every domain of life: we hear about paradigm shifts in musicology, the job market and tax policy, genetics, and so on. It is usually used as a kind of unproblematic category with a precisely defined and commonly accepted meaning, so that no indication of the origin of its usage in a given context is provided. In most cases, however, it turns out that "paradigm shift" is equivalent to and stands for "change" of whatever type, scope, or depth and is preferred because it is a mode or perhaps because it sounds more pretentious. In contrast to this tendency, both "paradigm" and "paradigm shift" are taken here most seriously and their usage is intimately related to the tradition in philosophy of science established by Thomas S. Kuhn's The Structure of Scientific Revolutions.3 This may appear dubious after we have been recently told that the impact of this book and the very concept of paradigm have "been largely, but not entirely, for the worse," namely, "to dull the critical sensibility of the academy" and "to kill the historicist impulse."4 "Kuhnification," it has been argued, is responsible for the suppression of free inquiry and bringing about "paradigmitis," a syndrome characterized by "a collective sense of historical amnesia and political inertia."5 Nonetheless, it is my contention that the paradigm approach per se is not dismissed by the criticism of Kuhn's conception and can be modified in such a way as to be made fruitful for structuring music education discourse and the explication of theory development in music education. To show how this is possible is the task before me.Underlying this project is the idea that theory development in music education can be adequately grasped and appraised in terms of more general units than specific theories which I shall call paradigms. That I am giving preference to this term and not choosing another from the group of providers of the conceptual framework that have been suggested throughout the history—"research tradition" (Laudan), "research programme"(Lakatos), "comprehensive cosmological point of view" (Feyerabend)—is that I find it more pertinent: it is neutral enough and allows for modifications which are necessary in view of the specific nature of music education discourse.In what follows, I will begin with an examination of Peter Abbs' account of paradigms and paradigm shifts in arts education. I... (shrink)

The aim of this study was to reflect on the origins and meanings of names describing investment practices that integrate a consideration of environmental, social and corporate governance issues in the academic literature. A review of 190 academic papers spanning the period from 1975 to mid-2009 was conducted. This exploratory study evaluated the associations and disassociations of the primary name assigned to this genre of investment with variables grouped into five domains, namely Primary Ethical Position, Investment Strategy, Publication Date, (...) Regions Covered and Periodical Type. The study indicated that papers coded as expressing a deontological ethical position were more frequently associated with the name Ethical Investment , whereas those with an ambiguous ethical position were less frequently associated with Ethical Investment . Three investment strategies (positive screening, best-in-class and cause-based investing) were unusually associated with the primary name Responsible Investment . A strong preference for the name Ethical Investment was noted in the United Kingdom, and contrasted starkly with an apparent aversion for this name in the United States. The name Ethical Investment is significantly more frequently used in journals dealing with ethics, business ethics and philosophy than in finance, economic and investment journals. Finally, the study yielded some weak hints that the name Responsible Investment might perhaps be linked to an egoist ethical position. On the basis of this, and because these have already been substantively linked through the Principles for Responsible Investment in the popular discourse, we follow the heuristic tradition set by Sparkes (Business Ethics Eur Rev 10:194–201, 2001 ), and propose that Responsible Investment be defined as ‘Investment practices that integrate a consideration of ESG issues with the primary purpose of delivering higher-risk-adjusted financial returns’. (shrink)

Terms designating substances and kinds function grammatically much like proper names of individuals. This supports Ruth Millikan's theory, but it also poses the question of how we can understand the reference of kind terms when the ontological status of the kind term is uncertain or disputed.

Traditionally, vision science and information/data visualization have interacted by using knowledge of human vision to help design effective displays. It is argued here, however, that this interaction can also go in the opposite direction: the investigation of successful visualizations can lead to the discovery of interesting new issues and phenomena in visual perception. Various studies are reviewed showing how this has been done for two areas of visualization, namely, graphical representations and interaction, which lend themselves to work on visual processing (...) and the control of visual operations, respectively. The results of these studies have provided new insights into aspects of vision such as grouping, attentional selection and the sequencing of visual operations. More generally yet, such results support the view that the perception of visualizations can be a useful domain for exploring the nature of visual cognition, inspiring new kinds of questions as well as casting new light on the limits to which information can be conveyed visually. (shrink)

This discussion consists of five sections, beginning with a pair of citations marking up a politics of inclusion, and exclusion in philosophical discussion. The second section, focusing on the first part of this essay’s title, ‘Phenomenological futures in dispute’, locates three inflections of the notion of the future, in the context of an encounter between phenomenology and Marxism. The third section proposes two rewritings of the subtitle, in terms of thematics, as opposed to using proper names as indices for theoretical (...) orientations. The first rewriting retrieves Heidegger’s notions of tradition, as both transmission and inheritance. This opens up a givenness of a futural horizon to alternating versions of futures; the second rewriting then offers modes of evaluating these alternating futures, in a contestation between a patriarchal, a differentiated, and a neutral mode of transmission. A fourth section raises some further questions of methodology, indicating the manner in which a rethinking of religion and of theology returns within phenomenology. In an inconclusive summary, the paper returns to the point of departure, the first version of a relation of non-relation, in a disputed connection to be set out between philosophy, a politics of exclusion, and psychoanalytical accounts of political investment. The paper seeks to locate a relation of non-relation, both in the failed encounters between Jacques Derrida and Jean-Luc Nancy, with respect to phenomenology and its futures, and in the re-emergence, as non-relation, of the formative function within phenomenology of religious precursors, preconditions and commitments. (shrink)

In 1514 at the Faculty of Arts of the University of Leipzig, a quodlibetical disputation took place. About 60 persons participated in the disputation. A handwritten record of this event has been preserved. A thorough analysis of these texts gives us a wealth of information with regard to the themes, positions, and tendencies of thinking during that period of time. The scholars at Leipzig University made an attempt at reconciling their philosophical interests with the claim to spiritual hegemony on the (...) part of theology and the church. This aspect is remarkable if one thinks of the famous papal bull Apostolici Regiminis, promulgated in the year 1513. The attached appendix lists the topics and the names of the participants of the disputation according to the record. (shrink)

This paper examines some aspects of the grammar of measurement based on data from non-split and split measure phrase (MP) constructions in Japanese. I claim that the non-split MP construction involves measurement of individuals, while the split MP construction involves measurement of events as well as of individuals. This claim is based on the observation that, while both constructions are subject to some semantic restrictions in the nominal domain, only the split MP construction is sensitive to restrictions in the (...) verbal domain (namely, incompatibility with single-occurrence events and with individual-level predicates, and (un)availability of collective readings). It is shown that these semantic restrictions can be explained by a uniform semantic constraint on the measure function, namely, Schwarzschild’s [(2002). The grammar of measurement. The Proceedings of Semantics and Linguistics Theory, 24, 241–306] monotonicity constraint. In particular, I argue that, in the two constructions at issue, the measure function is subject to the monotonicity constraint, and that we observe different semantic restrictions depending on whether the measure function applies to a nominal or a verbal domain. (shrink)

The end of the Cold War resulted in a diffusion of the level of threat worldwide and concluded the system of bipolarity in the world. Beside the European continent, where the rivalries were at the highest level, the consequences of the end of the Cold War were especially visible in North-East Asia. A decrease of military activities of Russia and China, and the retreat of the USA from the region, give way for improvement of political and economical relations between the (...) countries of the region. The end of hostilities produced by the Cold War no doubt have relaxed relations between countries in the region and opened ways for a new more peaceful co-existence. However, this does not mean that the region is not vulnerable to some of the hot spots such as North Korea, Spratly Parcels and especially Taiwan Strait. The latter is considered to be the most dangerous potential Asian zone of crisis in the twenty-first century. The East Asian countries such as China, Japan and other Association of Southeast Asian Nations countries are the world’s most growing economies and, at the same time, leaders in military acquisition; therefore, the potential for conflict and crises is current and real. This article examines one of these hot spots, namely the Taiwan Strait dispute, and assesses the possibility of this issue leading to a war between China, the USA and Japan. In order to have a clear view of the dispute the author will reveal some data in the introduction and then will explore relations, conflicts and interests between China, the USA and Japan vis-à-vis Taiwan and assess the risk that these countries might be drawn in potential war over the Taiwan Strait. (shrink)

The article is proposed as a reading of A Feminist Theory of Refusal (2021), by Bonnie Honig. Under the assumption that Honig has the merit of introducing into feminist political theory a thought of rejection patiently elaborated from a commentary on literary figures such as Antigone and Bartleby, the article interrogates the logic of resistance that these figurations of negativity advance. From the perspective of A Feminist Theory of Refusal, the names of Antigone and Bartleby are not only subjective indications (...) of the interruption of a domain, but above all they are agonistic figurations of a politics that has the dispute of meaning as one of its main axes. In other words, the politics of rejection that Honig proposes is at the same time an agonal politics that is organized around the meaning of words, of the narratives that structure the commonality of a social order. Following this line of reading, the essay sets out to interrogate the politics of rejection elaborated by Honig from the figurations that embody it. (shrink)