Many liberals cannot help distrusting deliberative democracy theory. In their view, the theory offers no sufficient guarantee that the outcomes of democratic deliberation will be respectful of individual interests generating what they conceive as basic moral rights. The purpose of this text is to provide one argument showing that liberal rights are sufficiently protected within deliberative democracy theory. The argument does not rest on the idea of moral rights or material justice. It rests on the conditions of legitimate law deliberative (...) democracy theory presupposes, namely, the conditions that make concrete the idea of legitimacy as “actual public justification.”. (shrink)

Four questions dominate normative contemporary constitutional theory: What is the purpose of a constitution? What makes a constitution legitimate? What kinds of arguments are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in principle? The main purpose of this text is to provide one general answer to the last question. The secondary purpose is to show how this answer may bear upon our understanding of the fundamental basis of constitutional law. These two purposes (...) should suggest particular answers to the first three questions. (shrink)

The Code for Global Ethics: Ten Humanist Principles By Dr Rodrigue Tremblay Prometheus Books -/- The world faces a crisis of civilization, which is in reality a moral crisis. The modern moral worldview that has evolved since the 18th Century Age of Enlightenment seems to be weathering. There is a recrudescence of the old moral formulas that encourage conflicts and wars. Humanity is in need of a new moral revival, free of sectarian references, in order to pursue its long (...) march for survival in a climate of progress and liberty. -/- The Code for Global Ethics proposes an imperative and more explicitly universal code of rights and obligations for all individuals, whether they be ordinary citizens or leaders of countries, of corporations, or religious organizations. It outlines the principles of rational humanism to be applied within the global context of a shrinking and a politically and economically interdependent world. Such a universal and global code of conduct is then compared to alternative moral codes—codes usually based on sectarian religious systems—with a demonstration of why such narrow or ethnically centered moral systems have failed humanity in the past. In our view, humanism is about idealism, compassion, and mutual tolerance, in a true spirit of humanity. It is a truly universal vision of humankind. http://www.amazon.com/The-Code-Global-Ethics-Principles/dp/1616141727/ref=pd_sim_sbs_b_3 -/- . (shrink)

This paper assesses James M. Buchanan's claim of following a positive approach in stark contrast to the normative approach to public finance of Richard A. Musgrave. The goal of this paper is to shed light on the foundations of modern American public finance by analysing one aspect of the methodology of its two most prominent fathers. I show (1) that it is difficult to distinguish Musgrave's and Buchanan's theories of public goods along the positive/normative dividing line and (2) that Buchanan's (...) theory can also be considered normative. In the first three parts, I follow the Weberian methodological tradition in looking for value judgements in the theories, and by reflecting on the nature of ideal types. In the last part, I propose a broader interpretation of Buchanan's methodological stance within the academic context of the 1960s. (shrink)

This paper aims to deflate the idea that democracy would be in essence a privileged locus of civic trust. Three claims are defended: (1) there is nothing specific to democracy regarding the affirmation that trust is required for social cooperation; (2) democracy, when conceived discursively, depends on guarded epistemic trust and; (3) popular control may require, in some contexts, institutions that express and foster distrust towards a specific section of the population. The conclusion to be drawn is that the appropriateness (...) of trust for the achievement of popular control over government depends on a contextual and realist assessment. (shrink)

The politics of reconciliation, in Canada, finds its origin in judgements of the Supreme Court affirming the objective of reconciling the sui generis authority and continued distinct existence of I...

The politics of reconciliation, in Canada, finds its origin in judgements of the Supreme Court affirming the objective of reconciling the sui generis authority and continued distinct existence of I...

On doit à l’économiste américain d’origine allemande, Richard A. Musgrave, la formulation des critères d’Équité Horizontale (ÉH) et d’Équité Verticale (ÉV). Étant donnée une base fiscale, l’ÉH veut que les égaux soient traités également, alors que l’ÉV exige que les inégaux soient traités inégalement (par exemple que les plus riches payent proportionnellement plus d’impôts). Musgrave opère en 1959 une redescription créative de considérations d’équité qui ont une longue histoire de Hobbes à Buchanan, en passant notamment par la fameuse maxime de (...) Adam Smith. La reconstruction généalogique montre que l’ÉV et l’ÉH relèvent de la justice distributive au sens aristotélicien du terme. Un critère purement formel, l’équité en matière d’impôt signifie l’égalité proportionnelle dans la répartition des charges communes à tous les individus membres d’une communauté politique. À défaut d’un consensus théorique sur la manière de conceptualiser les contribuables, l’ÉH conserve tout de même une valeur de principe régulateur dans le cadre non idéal de débats de réforme fiscale.Codes JEL : H20, B11, B12, B20, B40, D63. (shrink)

Before the Darwinian revolution species were thought to be universals. Since then, numerous attempts have been made to propose new definitions. The twentieth-century German philosopher Nicolai Hartmann defined 'species' as an individual system of processes and a process of life of a higher-order. To provide a clear understanding of Hartmann's conception of species, I first present his method of definition. Then I look at Hartmann's Philosophie der Natur (1950) to present his concepts of "organism" and "species." And I end the (...) paper by pointing out two possible systematic inconsistencies. (shrink)

The overall aim of this thesis is to assess the legitimacy of constitutional laws and bills of rights within the framework of procedural epistemic democracy. The thesis is divided into three sections. In the first section, I discuss the relevance of an epistemic argument for democracy under the circumstances of politics: I provide an account of reasonable disagreement and explain how usual approaches to the authority of decision-making procedures fail to take it seriously. In the second part of the thesis, (...) I provide an account of the epistemic features of democracy and of the requirements of democratic legitimacy. I develop a revised pragmatist argument for democracy which relies on three presumptive aims of decision-making: justice, sustainability and concord. In the third and last section, I first argue for the desirability of constitutionalism. I then explain why constitutionalism, as it is usually understood, is incompatible with my procedural epistemic account of democratic legitimacy. In the last chapter, I offer a two-pronged solution to the apparent incompatibility of constitutionalism and epistemic democracy. I first argue for the appropriateness of political constitutionalism, as opposed to legal constitutionalism, in understanding the relationship between rights and democracy. I then provide an account of rights protection and judicial review compatible with epistemic democratic legitimacy. Finally, I use the notion of pragmatic encroachment to explain how constitutional laws can achieve normative supremacy through the increased epistemic credentials of the procedure. (shrink)

This paper offers a revised political conception of human rights informed by legal pluralism and epistemic considerations. In the first part, I present the political conception of human rights. I then argue for four desiderata that such a conception should meet to be functionally applicable. In the rest of the first section and in the second section, I explain how abstract human rights norms and the practice of specification prevent the political conception from meeting these four desiderata. In the last (...) part of the paper, I argue that full-fledged tolerance in the international order – that is tolerance-as-non-intervention and tolerance-as-respect – should be attached to (1) compliance with jus cogens norms and to; (2a) a political community recognizably organized as a community of inquiry that is; (2b) committed to the specification and incorporation or expression of the idea of human rights within its local legal system. (shrink)

Yann Allard-Tremblay ,Aude Bandini | : Les théories épistémiques et délibératives de la démocratie soulignent l’importance du processus de la délibération quand l’objectif poursuivi est de parvenir à de bonnes décisions. Dans cet article, nous nous intéresserons aux différents mécanismes grâce auxquels une délibération publique à la fois ouverte, libre et inclusive, peut parvenir à de bonnes décisions, avant d’envisager ce que la délibération peut apporter en cas de désaccord. Nous nous concentrerons plus particulièrement ici sur la fonction constructive (...) de la démocratie, c’est-à-dire sur cette capacité qu’a la démocratie délibérative d’identifier et de formuler, de manière épistémiquement instructive, les problèmes de justice auxquels doit faire face le corps politique. Il faudra donc d’abord expliquer comment la démocratie permet de colliger l’information et de la mettre à disposition de chacun, afin d’expliquer ensuite comment la délibération peut permettre l’émergence d’accords entre les individus. Nous verrons alors que la délibération a des limites, et pourquoi elle se révèle incapable de surmonter certains désaccords. Nous tâcherons enfin d’expliquer le rôle qu’elle joue dans la formulation des désaccords politiques. Sur ce point, nous montrerons que la délibération permet d’éviter que ne surgissent des désaccords politiques insoutenables, qui mettraient en péril l’intégrité du corps politique. | : Deliberative epistemic theories of democracy highlight the importance of deliberation for the achievement of correct decisions. The aims of this paper are to discuss the mechanisms which allow an open, free and inclusive forum of deliberation to achieve correct decisions and to discuss the impact of deliberation on disagreement. I concentrate on the constructive function of democracy which designates the capacity of deliberative democracy to identify and frame the problems of justice faced by a polity in epistemically positive ways. I first explain how democracy can pool information. This is then used to explain how deliberation can enable agreement to emerge. This is followed by a discussion of the limits of deliberation and how it is unable to resolve some disagreements. The final element of my discussion is an explanation of the role of deliberation in framing political disagreements. I argue that deliberation helps in avoiding unsustainable political disagreements which could bring about political decay. (shrink)

This paper presents a conception of corruption informed by epistemic democratic theory. I first explain the view of corruption as a disease of the political body. Following this view, we have to consider the type of actions that debase a political entity of its constitutive principal in order to assess corruption. Accordingly, we need to consider what the constitutive principle of democracy is. This is the task I undertake in the second section where I explicate democratic legitimacy. I present democracy (...) as a procedure of social inquiry about what ought to be done that includes epistemic and practical considerations. In the third section, I argue that the problem of corruption for a procedural conception of democracy is that the epistemic value of the procedure is diminished by corrupted agents’ lack of concern for truth. Corruption, according to this view, consists in two deformities of truth: lying and bullshit. These deformities corrupt since they conceal private interests under the guise of a concern for truth. In the fourth section, I discuss the difficulties a procedural account may face in formulating solutions to the problem of corruption. (shrink)

In this article, we extend the research on the public interest to non-audit engagements performed by accounting firms and public accountants. Our thesis is that non-audit engagements, as private goods, require a distinct approach to the public interest than auditing. We suggest that a public value perspective can be used conceptually to provide substantial criteria for designing non-audit engagements conducive to public value creation and greater accountability. We illustrate the applicability and consequences of a public value perspective by analyzing and (...) contrasting the decision of two judicial opinions deciding whether Deloitte and the lead partner of a consulting engagement failed to act in the public interest in engineering the sale of collapsed British carmaker MG Rover. We advocate for a significant change in ethical codes of conduct by defining public interest obligations, not only in terms of professional attributes, but also in terms of outcomes. Our approach also suggests a requirement regarding planning a non-audit engagement, including establishing a public value proposition detailing the planned nature of the engagement, and extent of the assessment of the intended public value creation. We discuss the aspirational function of codes of conduct to provide accountability other than in terms of technical output, and to maintain the legitimacy and purpose of the profession. (shrink)

How should a political society be structured so as to legitimately distribute political power? One principle advanced to answer this question is the principle of subsidiarity. According to this principle, the default locus of political power is with the lowest competent political unit. This article argues that subsidiarity is a structural principle of a conception of political legitimacy informed by epistemic considerations. Broadly, the argument is that political societies organised according to the principle of subsidiarity can more effectively achieve political (...) decisions that can justifiably appear to be correct from the point of view of those subject to them. The article presents two considerations in order to establish a pro tanto case for acting separately before presenting five additional epistemic considerations that establish a prima facie case for acting separately. The article then shows that political legitimacy and the epistemic aim of decision-making can sometimes be served more effectively and efficiently by allowing higher-level political units to assist lower-level political units. (shrink)

This article provides an exploration of the relationships between a procedural account of epistemic democracy, illegitimate laws and judicial review. I first explain how there can be illegitimate laws within a procedural account of democracy. I argue that even if democratic legitimacy is conceived procedurally, it does not imply that democracy could legitimately undermine itself or adopt grossly unjust laws. I then turn to the legitimacy of judicial review with regard to these illegitimate laws. I maintain that courts do not (...) have a moral privilege on the overthrow of illegitimate laws; in this respect the refusal of royal assent has the same status. I also explain how the rule of the clear mistake fails to restrict the action of courts to only illegitimate laws. Finally, I argue for the positive epistemic inputs of weak judicial review. (shrink)

I aim to explain why majority voting can be assumed to have an epistemic edge over lottery voting. This would provide support for majority voting as the appropriate decision mechanism for deliberative epistemic accounts of democracy. To argue my point, I first recall the usual arguments for majority voting: maximal decisiveness, fairness as anonymity, and minimal decisiveness. I then show how these arguments are over inclusive as they also support lottery voting. I then present a framework to measure accuracy so (...) as to compare the two decision mechanisms. I go over four arguments for lottery voting and three arguments for majority voting that support their respective accuracy. Lottery voting is then shown to have, compared to majority voting, a decreased probability of discrimination. That is, I argue that with lottery voting it is less probable under conditions of normal politics that if the procedure selects X, X is reasonable. I then provide two case scenarios for each voting mechanism that illustrate my point. (shrink)

This is a translation of Nicolai Hartmann’s article “Der Megarische und der Aristotelische Möglichkeitsbegriff: ein Beitrag zur Geschichte des ontologischen Modalitätsproblems,” first published in 1937. In this article, Hartmann defends an interpretation of the Megarian conception of possibility, which found its clearest form in Diodorus Cronus’ expression of it and according to which “only what is actual is possible” or “something is possible only if it is actual.” Hartmann defends this interpretation against the then dominant Aristotelian conception of possibility, based (...) on the opposition between dynamis and energeia, and according to which there is always an open multiplicity of simultaneous “possibilities,” the outcome of which remains undetermined. Since, according to Hartmann, reality suffers no indetermination, the Megarian conception of possibility is an account of real possibility, whereas the Aristotelian one is merely an account of epistemic possibility. (shrink)

Nicolai Hartmann was one of the most prolific and original, yet sober, clear and rigorous, 20th century German philosophers. Hartmann was brought up as a Neo-Kantian, but soon turned his back on Kantianism to become one of the most important proponents of ontological realism. He developed what he calls the “new ontology”, on which relies a systematic opus dealing with all the main areas of philosophy. His work had major influences both in philosophy and in various scientific disciplines. The contributions (...) collected in this volume from an international group of Hartmann scholars and philosophers explore subjects such as Hartmann's philosophical development from Neo-Kantianism to ontological realism, the difference between the way he and Heidegger overcame Neo-Kantianism, his Platonism concerning eternal objects and his interpretation of Plato, his Aristotelianism, his theoretical relation to Wolff's ontology and Meinong's theory of objects, his treatment and use of the aporematic method, his metaphysics, his ethics and theory of values, his philosophy of mind, his philosophy of mathematics, as well as the influence he had on 20th century philosophical anthropology and biology. (shrink)

This article introduces the 2012 Montréal FRAN-HOMA corpus, collected in the Francophone neighborhood of Hochelaga-Maisonneuve, and how it relates to the heritage corpora of Montréal French collected since the 1970s. We discuss the methodological choices made regarding the composition of this corpus including the historical and demo-linguistic information that led to the selection of the Hochelaga-Maisonneuve neighborhood for fieldwork. A presentation of the socially stratified sample and criteria for participant selection is followed by a discussion on data collection and the (...) sociolinguistic interview. After a brief review of the transcription protocol and the advantages of audio-aligned transcription, we provide two illustrations of the revival of research on linguistic variation made possible by this new corpus. (shrink)

Artificial intelligence can be a game changer to address the global challenge of humanity-threatening climate change by fostering sustainable development. Since chemical research and development lay the foundation for innovative products and solutions, this study presents a novel chemical research and development process backed with artificial intelligence and guiding ethical principles to account for both process- and outcome-related sustainability. Particularly in ethically salient contexts, ethical principles have to accompany research and development powered by artificial intelligence to promote social and environmental (...) good and sustainability while preventing any harm for all stakeholders affected. (shrink)

The mechanisms of longevity have been the subject of investigations for a number of years. Although the role of genetic factors is generally acknowledged, important questions persist regarding the relative impact of environmental exposures, lifestyle characteristics, and genes. The BALSAC population register offers a unique opportunity to study longevity from an intergenerational and genealogical point of view. Individuals from the Saguenay-Lac-St-Jean population who died at age 90 or older between 1950 and 1974 were selected from this database (n = 576), (...) along with a control group of individuals born in the same period who died between 50 and 75 years of age. For these subjects and controls, spouses’ ages at death and parental ages at death and at their birth were investigated using regression analysis. Genealogical reconstructions were carried out for each individual, and various analyses were performed on both groups. Both fathers’ and mothers’ mean ages at death were significantly higher among the longer-lived cases than among controls whereas spouses’ ages at death and parental ages at birth had no effect. Regression analysis confirmed the positive effect of both fathers’ and mothers’ age at death. Mean kinship coefficients for the parents’ generations displayed significant differences, indicating that kinship was higher among subjects than controls (this effect was stronger among the oldest 10% of the subjects). Frequencies and genetic contributions of ancestors were very similar for the two groups, and none of these ancestors appeared more likely to have introduced genetic variants involved in longevity patterns in this French Canadian population. (shrink)

During his prolific career, Reinhart Koselleck left his mark on a myriad of topics beyond the history of concepts: iconology, memory, and temporality. The first part of this piece is a never before published English translation of one of Koselleck’s numerous public interventions. Second, taking as a starting point his reflection about the end of the war and the impossibility to collectivize certain memories, this article links his considerations about the unsayable with his work on images and political sensuality. Going (...) beyond a simple analysis of Koselleck’s writings, the article opens a dialogue between the history of concepts and affective memories, offering news ways to link experiences, emotions, and practices while underlining the limits of communication and collective memory. (shrink)

Peut-on atteindre l'extériorité radicale, et, si oui, comment? Tout fonctionne comme si la racine de l'extériorité ne rencontrait jamais celle de l'intériorité. Mais que serait le monde si le monde intérieur et le monde extérieur n'avaient pas de racine commune? Serions-nous, alors, dans l'irrémédiable séparation? Dans l'indépassable solitude? Dans la totale altérité? Dans l'infinie différence et l'infinie indifférence? Problème philosophique et existentiel fondamental ; outre que l'art s y confronte en inventant ses voies. I l en va, entre autres, de (...) l'intériorité, de la subjectivité, de l'existence des choses matérielles, mais aussi de leur essence, des moyens de les connaître et des conditions de possibilité de cette connaissance et de ces moyens : quels enjeux! L'interprétation semble être la seule voie — bien périlleuse — pour représenter l'extériorité. Mais, alors, quel(s) type(s) d'interprétation? Philosophique, esthétique et poétique — les trois moments de ce livre? Le problème est donc à la fois celui de l'extériorité et celui de l'interprétation : eu égard à ses enjeux et à ses présupposés, il est incontournable. Le travailler éclaire sur l'interprétation et sur l'extériorité. (shrink)

This is a translation from Russian to English of Nikolai Onufriyevich Lossky’s “Tpaнcцeндeнтaльнo-фeнoмeнoлoгичecкiй идeaлизмъ Гyccepля”, published in the émigré journal Пyть in 1939. In this article, Lossky presents and criticizes Husserl’s transcendental idealism. Like many successors of Husserl’s “Göttingen School,” Lossky interprets Husserl’s transcendental idealism as a Neo-Kantian idealism and he criticizes it on the ground that it leads to a form of solipsism. In light of his own epistemology and his metaphysical system, he also claims that, although Husserl is (...) more radical than Descartes in his methodological doubt, he is not radical enough, because his abstention from existential judgment with regard to the external world is itself an existential judgment. In this regard, Lossky affirms that his own critically-informed defense of naive realism is in fact more radical than Husserl’s transcendental idealism. (shrink)

The Russian philosopher Nikolai Onufrievich Lossky considered himself a Leibnizian of sorts. He accepted parts of Leibniz’s doctrine of monads, although he preferred to call them ‘substantival agents’ and rejected the thesis that they have neither doors nor windows. In Lossky’s own doctrine, monads have existed since the beginning of time, they are immortal, and can evolve or devolve depending on the goodness or badness of their behavior. Such evolution requires the possibility for monads to reincarnate into the bodies of (...) creatures of a higher level on the scala perfectionis. According to this theory, a monad can evolve by being progressively reincarnated multiple times through a sort of process of metamorphosis from the level of the most elementary particles all the way up to the level of human beings or even higher. Lossky argues that the works of Leibniz contain scattered elements of such a systematic doctrine of reincarnation. He attempts to reconstitute this doctrine in an article that appeared both in Russian and German in 1931. The Russian version, ‘Ученiе Лейбница о перевоплощенiи какъ метаморфозѣ’, was published in the Сборникъ Русскаго института въ Прагѣ, vol. 2, 1931, pp. 77–88. The German version appeared under the title ‘Leibniz’ Lehre von der Reinkarnation als Metamorphose,’ in Archiv für Geschichte der Philosophie, vol. 40, n. 2, 1931, pp. 214–226. The content of the Russian and German versions is roughly the same, except for the omission, in the German version, of a mention of David Hume in the second sentence and of one paragraph and a half at the end of the article. The following is a translation of this article. I translated the text from the Russian version, which was in all appearances written first, but I also took the German version into account. The original pagination is added in angle brackets. Angle brackets are used wherever the additions are mine. — Frédéric Tremblay. (shrink)

This is a translation from Bulgarian into English of Nikolai Lossky’s “Razlichniiat smisul na dumata intuitsiia” (“The Different Senses of the Word Intuition”), published in the Sofianite journal Filosofski pregled (Philosophical Review), 1931, year III, book 1, pp. 1–9. In this article, solicited by the journal’s editor-in-chief, the Bulgarian philosopher Dimitar Mihalchev, Lossky surveys the different ways in which the word “intuition” (intuitsiia) has been used throughout the history of philosophy: Kant, Fichte, Schelling, Hegel, Friedrich Jacobi, Ivan Kireevski, Alexei Khomyakov, (...) Vladimir Solovyov, Bergson, Husserl, and Hans Driesch. Lossky then situates his own use of the word within this philosophical tradition and compares his intuitivism with gnoseologies similar to his own, namely, those of Semyon Frank, Johannes Rehmke, Max Scheler, Paul Linke, Dimitar Mihalchev, the English realists (Samuel Alexander and John Laird), the American realists (Edwin Holt, Walter Marvin, William Montague, Ralph Perry, Walter Pitkin, and Edward Spaulding), and the Neo-Scholastic Josef Gredt. As such, the article makes a valuable addendum to his Obosnovanie intuitivizma (The Foundation of Intuitivism) (1906) and provides a helpful synopsis of his theory of knowledge, which, in accordance with the Russian terminological tradition, he calls “gnoseology”. (shrink)

Using a new typology based on information available from the Labour Force Survey, the authors analyse how job quality evolved in Québec for both women and men over the last decade (1997-2007). Results show that family situation and educational attainment are two important factors in the determination of gender inequality in the labour market. The analysis emphasizes the very significant decline in gender differences with regard to job quality (from 23% to 35% according to groups), especially for persons without children (...) and individuals who achieved higher education. The changes represent a definite progress in the status of women in general, although some indicators also reveal degradation with respect to job quality in some of the sub-groups. (shrink)

Several lines of evidence indicate that rapid target-aiming movements, involving both the eyes and hand, can be biased by the visual context in which the movements are performed. Some of these contextual influences carry-over from trial to trial. This research indicates that dissociation between the dorsal and ventral systems based on speed, conscious awareness, and frame of reference is far from clear.