Горобец К. В. Аксиосфера права: философский и юридический дискурс : моногр. / К. В. Горобец. – Одесса : Фенікс, 2013. – 218 с. Монография посвящена философско-правовым аспектам аксиосферы права, которая предстает в качестве структурного компонента права и выражается в виде центрированной системы правовых ценностей и иерархизированной системы ценностей права. Правовые ценности рассматриваются как феномены, являющиеся одновременно компонентами права и способом его постижения. Ценности права понимаются как блага, которые защищаются и обеспечиваются правом в силу их значимости для человека и общества. Доказывается, (...) что аксиосфера права существует наряду с нормосферой права. При этом их целостность обеспечивается посредством особого феномена – верховенства права. Монография будет полезна специалистам в сфере философии права, общетеоретической юриспруденции, отраслевых юридических наук, а также всем, кто интересуется проблемами развития современного права. (shrink)

Although we believe the results reported below to have direct philosophical import, we shall for the most part confine our remarks to the realm of mathematics. The reader is referred to [4] for a philosophically oriented discussion, comprehensible to mathematicians, of tense logic.The “minimal” tense logicT0is the system having connectives ∼, →,F(“at some future time”), andP(“at some past time”); the following axioms:(whereGandHabbreviate ∼F∼ and ∼P∼ respectively); and the following rules:(8) fromαandα → β, inferβ,(9) fromα, infer any substitution instance ofα,(10) fromα, (...) inferGα,(11) fromα, inferHα.A tense logic is a systemTwhose language is that ofT0and whose axioms and rules include (1)–(11). The axioms and rules ofTother than (1)–(11) are calledproperaxioms and rules.We shall investigate three systems of semantics for tense logics, i.e. three notions ofstructureand three relations ⊧ which stand between structures and formulas. One reads⊧αas “αis valid in.” A structureis amodelof a tense logicTif every formula provable inTis valid in. A semantics isadequateforTif the set of models ofTin the semantics is characteristic forT, i.e. if wheneverT ∀ αthen there is a modelofTin the semantics such that∀ α. Two structuresand, possibly from different semantics, are calledequivalent(∼) if exactly the same formulas are valid inas in. (shrink)

Advances in life-saving technologies in the past few decades have challenged our traditional understandings of death. Traditionally, death was understood to occur when a person stops breathing, their heart stops beating and they are cold to the touch. Today, physicians determine death by relying on a diagnosis of ‘total brain failure’ or by waiting a short while after circulation stops. Evidence has emerged, however, that the conceptual bases for these approaches to determining death are fundamentally flawed and depart substantially from (...) the established biological conception of death. We argue that the current approach to determining death consists of two different types of unacknowledged legal fictions. These legal fictions were developed for practices that are largely ethically legitimate but need to be reconciled with the law. The considerable debate over the determination of death in the medical and scientific literature has not informed the public that vital organs are being procured from still-living donors and it seems unlikely that this information can remain hidden for long. Given the instability of the status quo and the difficulty of making the substantial legal changes required by complete transparency, we argue for a second-best policy solution: acknowledging the legal fictions involved in determining death to move in the direction of greater transparency. This may someday result in more substantial legal change to directly confront the challenges raised by life-sustaining and life-preserving technologies without the need for fictions. (shrink)

Unethical business in India became a recognized phenomenon during the second World War. Academic/journalistic/legal concern with ethics has become visible only during the nineties. Corruption-of-the-poor and corruption-of-the-rich need to be distinguished - especially in the context of globalization. The danger of attributing unethical practices to system failure is recognized. It is also important to bring to bear on intellectual property rights the more fundamental principle of natural property rights. Consciousness ethics will be more crucial than just intellectual ethics.

This article investigates whether acts of plagiarism are predictable. Through a deductive, quantitative method, this study examines 517 students and their motivation and intention to plagiarize. More specifically, this study uses an ethical theoretical framework called the Theory of Reasoned Action and Planned Behavior to proffer five hypotheses about cognitive, relational, and social processing relevant to ethical decision making. Data results indicate that although most respondents reported that plagiarism was wrong, students with strong intentions to plagiarize had a more positive (...) attitude toward plagiarizing, believed that it was important that family and friends think plagiarizing is acceptable, and perceived that plagiarizing would be an easy task. However, participants in the current study with less intention to plagiarize hold negative views about plagiarism, do not believe that plagiarism is acceptable to family, friends or peers, and perceive that the act of plagiarizing would prove difficult. Based on these findings, this study considers implications important for faculty, librarians, and student support staff in preventing plagiarism through collaborations and outreach programming. (shrink)

Some may be of the opinion that one event can begin before another only by virtue of the existence of some event (a “witness”) which wholly precedes the other and does not wholly precede the one (and similarly for “ends before” and “does not abut”). Those would prefer $\mathbb{F}$ 0 to $\mathbb{F}$ as a model for observers' apprehensions of events. Since G is a functor from $\mathbb{M}$ to $\mathbb{F}$ 0, the current construction (restricted to $\mathbb{F}$ 0) remains applicable.This work supports (...) a claim that the psychologically fundamental temporal relationships are “wholly precedes”, “begins before”, “ends before” and “abuts”. But only in a very weak sense. Any other set of relationships which is interdefinable with this one, using only quantifier-free formulas in the definitions, could be used to define a category $\mathbb{F}$ ′ which is indistinguishable from $\mathbb{F}$ (because the same functions preserve and reflect the new relationships). This work equally supports the claim that those relationships are the psychologically fundamental ones, or the claim that it is just “wholly precedes” which is fundamental, and that we perceive “begins before” just by virtue of witnesses. But it refutes the claim that only “wholly precedes” is fundamental, and that we understand “begins before” only because we understand time as a linear ordering. (shrink)

In this work, S.K. Chakraborty develops the themes propounded in his earlier work to provide a systematic presentation of the relevant vedantic and allied principles in a conceptual and empirical framework. From an overall perspective of vedantic ethical vision and its application to managerial and corporate ethical morality, the book examines what the Vedantic ethical system, and great thinkers like Tagore, Gandhi, Burobindo and others, can teach us about such questions as individual leadership, transformation of the work ethos, ethics and (...) productivity, and others. Throughout, the conceptual and the empirical are closely intertwined, and substantial graphic appendices on the Tata leadership crisis of 1991 and the securities scam of 1991-92 give an immediacy and relevance to the analysis. (shrink)

Hegel's treatment of the Sublime is both self-consistent and distinctive. He not only defines sublimity, but discovers and ranks its types or stages from one select point of view—the viewpoint of God-world relation; and the way he does this, on the one hand, distinguishes him from many others who have contributed to an understanding of the concept, and, on the other hand, enables him to suggest, if but implicitly, a criterion for distinguishing the sublime from allied concepts. Besides, he discusses (...) the matter in the wide context of diverse cultures, making quite a few insightful references to Eastern literature; and, consistently with his own conception of philosophy, also from the viewpoint of historical necessity, so that the sublime appears, in his Aesthetik, as a specific stage which the evolving story of art must in fact traverse. (shrink)

The notion of a harmonious universe was taught by Pythagoras as early as the sixth century BC, and remained a basic premise in Western philosophy, science, and art almost to our own day. In Touches of Sweet Harmony, S. K. Heninger first recounts the legendary life of Pythagoras, describes his school at Croton, and discusses the materials from which the Renaissance drew its information about Pythagorean doctrine. The second section of the book reconstructs the many facets of this doctrine, and (...) the final section shows its influence on Renaissance poetics. Professor Heninger's magisterial work introduces the reader not only to Pythagoras but to a host of other classical, medieval, and Renaissance figures as well--from Plato and Aristotle through St. Augustine and Macrobius down to Sidney and Spenser. (shrink)

An interpretation of Aristotle's modal syllogistic is proposed which is intuitively graspable, if only formally correst. The individuals to which a term applies, and possibly-applies, are supposed to be determined in a uniform way by the set of individuals to which the term necessarily-applies.

This essay seeks to clarify Gandhi's logic of self-suffering. Its inner accents have not received the attention they deserve. So I propose to emphasize them, though the context of such suffering and its impact on men too must be given due regard.

We show that the join of two classical [respectively, regular, normal] modal logics employing distinct modal operators is a conservative extension of each of them.

Despite global and local attempts to end genital mutilation, in their various forms, whether of males or females, the practice has persisted throughout human history in most parts of the world. Various medical, scientific, hygienic, aesthetic, religious, and cultural reasons have been used to justify it. In this symposium on circumcision, against the background of the other articles by Hutson, Short, and Viens, the practice is set by the author within a wider, global context by discussing a range of rationalisations (...) used to support different types of genital mutilation throughout time and across the globe. It is argued that in most cases the rationalisations invented to provide support for continuing the practice of genital mutilation—whether male or female—within various cultural and religious settings have very little to do with finding a critical and reflective moral justification for these practices. In order to question the ethical acceptability of the practice in its non-therapeutic forms, we need to focus on child rights protection. (shrink)

Recently David Best has advanced the claim that sport is not an art form, and that although sport may be aesthetic, it is not artistic. Such a claim is false and runs counter to ordinary usage and sport practice. On behalf of sport practice, let me cite as an example the world-class Canadian skater, Toller Cranston, who thinks there are such things as ‘artistic sports, those being gymnastics, diving, figure skating’. Best claims that athletes like Cranston are conceptually confused and (...) that they endow sport with greater respectability than should be allowed. Ascribing the predicate ‘artistic’ to sport performances reflects ‘barbarous usage’. Why does Best exclude the artistic from the realm of sport? Upon examination of his argument, one finds that this exclusion derives mainly from his concepts of art and sport. He thinks that art has a subject-matter, a content, and that sport does not. Sport is contentless, so ‘sport’ and ‘art’ are two logically distinct regions. But is this so? Are we to accept Best's argument or are we to listen to accomplished, reflective athletes in the area of artistic sports? It seems the most reasonable analytic procedure would be to listen to Cranston's case and decide whether such a piece of intentionalist criticism5 should override Best's premises. (shrink)

In verse twelve of the Tao Te Ching, Lao Tzu makes a curious claim about the five flavors; namely that they cause people not to taste or that they jade the palate. The five flavors are: sweet, sour, salt, bitter and spicy or hot as in 'heat'. To the Western mind, the claim, 'The five flavors cause them [persons] to not taste,' is counterintuitive; on the contrary, the presence of the five flavors in a dish or in a meal would (...) expand or enhance the senses and the palate, i.e., taste would be augmented by the five flavors. So what is the plausible meaning of the Taoistic claim? To answer this question, I look very briefly at the history of the doctrine of the five flavors and the history of Chinese cuisine. Lao Tzu probably has Confucian feasts in mind in making such a claim, but other interpretations are discussed. (shrink)

The paper highlights the alienation and separation produced by science—technology between man and nature, and between man and man. The principal thesis in this paper is that such separative mentality is the root cause of the deterioration in ethics even in unexpected quarters. Warnings about this were foreseen by a number of Indian livers and thinkers during the early twentieth century. Their prophecies seem to be unfortunately coming true. After sharing this sample of opinions, several recent cases of vicious unethicalities (...) all over the world have been presented. This is followed by a brief survey of Western thought over the past six decades which too was mature enough to caution us about the blind onslaught of technology. The paper concludes by arguing for a complete overhaul of the vocabulary of modern discourse from the objective to the subjective. (shrink)