The philosophical interest of verbal disputes is twofold. First, they play a key role in philosophical method. Many philosophical disagreements are at least partly verbal, and almost every philosophical dispute has been diagnosed as verbal at some point. Here we can see the diagnosis of verbal disputes as a tool for philosophical progress. Second, they are interesting as a subject matter for first-order philosophy. Reflection on the existence and nature of verbal disputes can reveal something about the nature of (...) concepts, language, and meaning. In this article I first characterize verbal disputes, spell out a method for isolating and resolving them, and draw out conclusions for philosophical methodology. I then use the framework to draw out consequences in first-order philosophy. In particular, I argue that the analysis of verbal disputes can be used to support the existence of a distinctive sort of primitive concept and that it can be used to reconstruct a version of an analytic/synthetic distinction, where both are characterized in dialectical terms alone. (shrink)

“There’s no disputing about taste.” That’s got a nice ring to it, but it’s not quite the ring of truth. While there’s definitely something right about the aphorism – there’s a reason why it is, after all, an aphorism, and why its utterance tends to produce so much nodding of heads and muttering of “just so” and “yes, quite” – it’s surprisingly difficult to put one’s finger on just what the truth in the neighborhood is, exactly. One thing that’s pretty (...) clear is that what’s right about the aphorism, that there’s no disputing about taste, isn’t that there’s no disputing about taste. There’s heaps of disputing about taste. People engage in disputes about which movies, music, paintings, literature, meals, furniture, architectural styles, etc. are good, beautiful, tasty, fun, elegant, ugly, disgusting, etc. all the time. This is obvious to anyone who has watched dueling-movie-critics shows, read theater reviews, or negotiated with a group or partner about which movie or restaurant to go to, or which sofa or painting to put in the living room. It takes great care and good aim to fling a brick without hitting somebody who’s engaged in a dispute about taste. (shrink)

Changing concepts comes with a risk of creating merely verbal disputes. Accounts of topic continuity (such as Herman Cappelen’s) are supposed to solve this problem. As this paper shows, however, no existing solution avoids the danger of mere verbalness. On the contrary, accounts of topic continuity in fact increase the danger of overlooking merely verbal disputes between pre- and post-ameliorators. Ultimately, this paper suggests accepting the danger of mere verbalness resulting from a change in topic as a downside of conceptual (...) engineering. Changing the topic under discussion may be worth the risk, however, in many cases. In fact, this paper proposes that the main goal of conceptual engineering should be seen as changing topics for the better. (shrink)

To say that a philosophical dispute is ‘merely verbal’ seems to be an important diagnosis. If that diagnosis is correct for a particular dispute, then the right thing to do would be to declare that dispute to be over. The topic of what the disputing parties were fighting over was just a pseudo-problem (thus not really a problem), or at least – if there is a sense in which also merely verbal disputes indicate some problem, for example, (...) insufficient clarity of terminology – this problem is not substantial, or not as substantial as the disputing parties believed their problem initially to be. In this paper I will try to clarify what it means if we diagnose that two arguing parties are having a merely verbal dispute. (shrink)

Marcus Tullius Cicero (106 BC-43 BC) was a Roman statesman, lawyer, political theorist, philosopher, and Roman constitutionalist. He is widely considered one of Rome's greatest orators and prose stylists. He is generally perceived to be one of the most versatile minds of ancient Rome. He introduced the Romans to the chief schools of Greek philosophy and created a Latin philosophical vocabulary, distinguishing himself as a linguist, translator, and philosopher. An impressive orator and successful lawyer, he probably thought his political career (...) his most important achievement. Today, he is appreciated primarily for his humanism and philosophical and political writings. Although a great master of Latin rhetoric and composition, Cicero was not Roman in the traditional sense, and was quite self-conscious of this for his entire life. He was declared a "righteous pagan" by the early Catholic Church, and therefore many of his works were deemed worthy of preservation. Saint Augustine and others quoted liberally from his works On the Republic and On the Laws, and it is due to this that we are able to recreate much of the work from the surviving fragments. (shrink)

In this paper, I examine two versions of the so-called “hierarchical” approach to personal autonomy, based on the notion of “second-order desires”. My primary concern will be with the question of whether these approaches provide an adequate basis for understanding the dynamics of autonomy-ascription. I begin by distinguishing two versions of the hierarchical approach, each representing a different response to the oft-discussed “regress” objection. I then argue that both “structural hierarchicalism” (e.g., Frankfurt, Bratman) and “procedural hierarchicalism” (e.g., Dworkin, Christman, Mele) (...) have difficulties accommodating the dynamics of how the attribution of autonomy to persons is claimed, disputed, and resolved. Although they differ in details, both shortcomings can be traced to viewing autonomy as a metaphysical rather than a normative, practical matter. I conclude by suggesting that these difficulties underscore the advantages of a more constructivist and pragmatist. (shrink)

Many philosophical disputes, most prominently disputes in ontology, have been suspected of being merely verbal and hence pointless. My goal in this paper is to offer an account of merely verbal disputes and to address the question of what is problematic with such disputes. I begin by arguing that extant accounts that focus on the semantics of the disputed statement S do not capture the full range of cases as they might arise in philosophy. Moreover, these accounts bring in heavy (...) theoretical machinery. I attempt to show that we can capture the full range of cases with an approach that is theoretically lightweight. This approach explains verbal disputes as a pragmatic phenomenon where parties use the same utterance type S with different speaker’s meaning. Moreover, it provides an answer to the crucial question Jackson’s pragmatic account leaves, at best, highly implicit. Based on my account, we can distinguish between different ways in which disputes can be verbal and different extents to which they are defective. Distinguishing between these varieties of verbalness furthermore allows us to specify what kind of substantive issues remain to be discussed once the linguistic confusion is resolved. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in (...) the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

Logic, Logical connectives, Verbal disputes, Proof theory, Non-classical logic.

This article consists of three parts, two introductory, in which the limits and the methods of analysis of dialogues are expounded, and the major part, in which the main features of a philosophical theory of disputation are outlined.It was an essential aim of the philosophical analysis of argumentative dialogues to develop tools of substantiation for cases in which logic doesn't help any more. In the first part of this paper I show that such tools can and will be developed only (...) by analyzing argumentations (“argumentation” in the sense of a monologue in which arguments for a thesis are brought forward), and that the analysis of argumentative dialogues doesn't contribute anything to the development of such tools.The systematically first task of the philosophical analysis of dialogues consists in understanding the general practical aims of philosophically interesting types of dialogue. Only subsequently the rules of the dialogue can be reconstructed as good means for reaching these aims. Dialogical games constructed without referring to such a purpose are externally senseless and useless.The third part is an outline of a philosophical theory of disputation (“disputation” here will mean: (learned) dialogue in which the participants cooperatively though perhaps controversially attempt to find out by means of arguments and mutual criticism whether a thesis is true or false). Disputations contain argumentations, and many functions of a disputation can also be fulfilled by argumentations alone. Certifying the truth of convictions is the specific aim of disputation. This is accomplished by eliminating errors of substantiation and foundation as effectively as possible, in revising false convictions and their foundations, thereby making the remaining convictions more certain. Based on this analysis of the aim of disputation, the basic rules of disputations will be critically reconstructed: possible moves, rules of sequence, and the internal aim and ends of disputations. (shrink)

The primary aim of a theory of consciousness is to articulate existence conditions for conscious states, i.e. the conditions under which a mental state is conscious rather than unconscious. There are two main broad approaches: The Higher-Order approach and the First-Order approach. Higher-Order theories claim that a mental state is conscious only if it is the object of a suitable state of higher-order awareness. First-Order theories reject this necessary condition. However, both sides make the following claim: for any mental state (...) M of a subject S, M is conscious if there is something it is like for S to be in M. This is the Nagelian Conception of consciousness. Taking the Nagelian Conception as a starting point, I contend that the best rationalizing explanation for the ways in which Higher-Order and First-Order theorists contribute to their dispute is to see those contributions as consistent responses to two distinct questions. (shrink)

One way to challenge the substantiveness of a particular philosophical issue is to argue that those who debate the issue are engaged in a merely verbal dispute. For example, it has been maintained that the apparent disagreement over the mind/brain identity thesis is a merely verbal dispute, and thus that there is no substantive question of whether or not mental properties are identical to neurological properties. The goal of this paper is to help clarify the relationship between mere (...) verbalness and substantiveness. I first argue that we should see mere verbalness as a certain kind of discourse defect that arises when the parties differ as to what each takes to be the immediate question under discussion. I then argue that mere verbalness, so understood, does not imply that the question either party is attempting to address is a non-substantive one. Even if it turns out that the parties to the mind/brain dispute are addressing subtly different questions, these might both be substantive questions to which their respective metaphysical views provide substantive answers. One reason it is tempting to reach deflationary conclusions from the charge of mere verbalness is that we fail to distinguish it from the claim that a sentence under dispute is, in a certain sense, indisputable. Another reason is that we fail to distinguish mere verbalness from a certain sort of indeterminacy. While indisputability and indeterminacy plausibly capture forms of nonsubstantiveness, I argue that mere verbalness is insufficient to establish either indisputability or indeterminacy. (shrink)

_Disputed Subjects_ analyzes some of the assumptions behind the contemporary attraction to rationalistic notions of justice and knowledge and discusses why modernity cannot be emancipatory. The effects of gender relations in constituting modern political ideas and theories of knowledge are explored, while at the same time the author identifies problematic aspects of discourses such as psychoanalysis, postmodernism and feminist theorizing. Flax pays special attention to recurrent difficulties concerning maternity, sexuality and race within feminist theorizing, and she addresses the inadequacies of (...) postmodernist accounts of subjectivity and gender. She analyzes psychoanalysis as a discursive formation to identify its particular organization of knowledge and power. (shrink)

In componential analysis, word meanings are (partly) decomposed into other meanings, and semantic and syntactic markers. Although a theory of word meaning based on such semantic decompositions remains compatible with the linguistic labor division thesis, it is not compatible with Kripke/Putnam-style indexical externalism. Instead of abandoning indexical externalism, a Separation Thesis is defended according to which lexical meaning need not enter the truth-conditional content of an utterance. Lexical meaning reflects beliefs about word meaning shared in a speaker community, and these (...) may rest on possibly erroneous world-level theories. It is argued that this type of lexical meaning is indispensable for explaining word composition processes and the rationality of metalinguistic disputes. (shrink)

Paradigmatic cases of ontological disputes are taken to concern whether or not certain objects exist. Some theorists, however, prefer to view ontologists as really debating about what we should mean with the term “exist” (or other cognate terms). This implies interpreting ontological disputes as metalinguistic negotiations, in keeping with a recent trend to interpret other philosophical disputes along these lines (Plunkett and Sundell. Philosopher's Imprint; 2013;13:1–37). A number of issues arise from such proposal. The first is what counts as evidence (...) that an object‐level dispute is actually a metalinguistic negotiation. The second regards the dialectical relevance of considering metalinguistic negotiation as even just a possible interpretative option. The third issue concerns whether, and why, certain object‐level disputes (and especially ontological ones) should be understood as metalinguistic negotiations. (shrink)

In considering the nature of properties four controversial decisions must be made. (1) Are properties universals or tropes? (2) Are properties attributes of particulars, or are particulars just bundles of properties? (3) Are properties categorical (qualitative) in nature, or are they powers? (4) If a property attaches to a particular, is this predication contingent, or is it necessary? These choices seem to be in a great degree independent of each other. The author indicates his own choices.

The third volume of The Hackett Aquinas, a series of central philosophical treatises of Aquinas in new, state-of-the-art translations accompanied by a thorough commentary on the text.

The paper offers an analysis of ongoing disputes on freedom, democracy, justice and ecological sustainability of contemporary capitalism, which became even more topical due to the global financial and economical crisis of the latter. The author’s focus is on several methodological aspects of these disputes. He shows how freedom and democracy are reduced to mere political freedom and democracy, while the distributive justice is reduced to mere redistribution of pre-distributed revenues. If social sciences are to resolve the theoretical problems of (...) the 21st century society, these reductions have inevitably to be eliminated. (shrink)

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

On a naive view of conceptual engineering, conceptual engineers simply aim at engineering concepts. This picture has recently come under attack. Sarah Sawyer (2018, 2020) and Derek Ball (2020) present two rather different, yet equally unorthodox, accounts of conceptual engineering, which they take to be superior to the naive picture. This paper casts doubts on the superiority of their respective accounts. By elaborating on the explanatory potential of “going meta”, the paper defends the naive view against Sawyer’s and Ball’s rival (...) proposals. (shrink)

Both as cardinal and as Pope Benedict XVI, one of Josef Ratzinger's consistent concerns has been the foundational moral imperatives of the natural law. In 2004, then Cardinal Ratzinger requested that the University of Notre Dame study the complex issues embedded in discussions about "natural rights" and "natural law" in the context of Catholic thinking. To that end, Alasdair MacIntyre provided a substantive essay on the foundational problem of moral disagreements concerning natural law, and eight scholars were invited to respond (...) to MacIntyre's essay, either by addressing his work directly or by amplifying his argument along other yet similar paths. The contributors to this volume are theologians, philosophers, civil and canon lawyers, and political scientists, who reflect on these issues from different disciplinary perspectives. Once the contributors' essays were completed, MacIntyre responded with a closing essay. Throughout the book, the contributors ask: Can a persuasive case for a foundational morality be made etsi Deus daretur? And, of course, persuasive to whom? The exchanges that take place between MacIntyre and his interlocutors result, not in answers, but in rigorous attempts at clarification. __Intractable Disputes about the Natural Law__ will interest ethicists, moral theologians, and students and scholars of moral philosophy. "Lawrence Cunningham has assembled an esteemed group of scholars to provide incisive analyses of the contemporary state of natural law theory, particularly in light of Alasdair MacIntyre's groundbreaking work. The essays are lucid, engaging, and intellectually sophisticated. __Intractable Disputes about the Natural Law_ _is a must-read not only for moral theologians, but for anyone concerned about the conceptual foundations of human rights, human dignity, and moral dialogue in pluralistic societies." --_Stephen J. Pope, Boston College_ "MacIntyre's first essay, on its own, would make this book an important scholarly contribution. But the ensuing contributions enable the book to flourish further, with contributions on subjects both readily associated with natural law and moral disagreement as well as those more creatively connected to the genesis of the text. Cunningham's volume both broadens and deepens contemporary thinking on a perennial topic, and will richly reward its readers." --_William C. Mattison III, The Catholic University of America_. (shrink)

Le territoire (les territoires), objet politique s’il en est, a surgi dans la campagne des présidentielles comme enjeu électoral. Cette Mineure s’est fixée pour tâche de « refroidir » le débat, de regarder en dessous des idéologies charriées par le mot, de décomposer la polysémie territoriale. L’auteure a voulu ici proposer un point de vue sur les controverses qui agitent les milieux scientifiques autour des formes et des dynamiques territoriales. Par là-même, ces disputations confrontent l’action publique aux agirs spatiaux, en (...) mêlant objectivités et subjectivités. En cela, le territoire est prise de position politique. (shrink)

In this book a leading philosopher of religion offers fresh insights into some of the disputed religious questions of our time.

This paper explores contact disputes in England and Wales. We discuss the legal background as well as separating parents' experiences of contact disputes. Contact has been high on the agenda since the U.K. Government report, Making Contact Work, examined various means for facilitating contact between non-resident parents and their children. More recently, the issue has featured prominently in the headlines, largely as a result of the campaigning efforts of fathers' rights groups who complain of injustice and demand changes in the (...) law. The idea that contact is necessary for children's well-being seems to have acquired the status of uncontestable truth. This paper examines the ways in which these ideas about children's interests have become embodied in adominant welfare discourse that is embedded in law and informs policy thinking. Family law has long abhorred parental conflict, particularly that which involves the children. It is frequently assumed that conflict can be reduced if parents could be persuaded to accept the premises of the welfare discourse. In this paper, we consider how parents themselves, in talking about their experiences of contact disputes, makes sense of family law. We found that parents regularly invoke the welfare discourse in their talk, but they interpret it in unexpected ways. Often these interpretations fuel conflict rather than reducing it. (shrink)

Consumer disputes and their nature are changing very fast every day. E-commerce is promoted by the all relevant stakeholders such as European Commission, consumers associations, competent institutions, and business sector in order to achieve the main present goal—consumer confidence in business and full functioning of the internal EU market. Here the third parties are important—trade partners from all over the word. There is no legal relation or actions between disputes and searching for the most convenient, fast, cheap and comfortable. Because (...) of that, this article sets out general views on online transactions and consumer protection in the context of e-commerce and possible online dispute resolution means. The authors of this article are chiefly concerned about legal uncertainty and the jurisdiction as well as applicable law in business-to-consumer (B2C) e-commerce. Online dispute resolution or in other words it is called the ODR is seen as a possibility to solve these barriers in dispute resolution using technology to facilitate the resolution of disputes between parties primarily involving negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution. However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process. (shrink)

This paper addresses the problem of disputed cultural practices within liberal, deliberative democracies, arguing against the currently dominant view, advocated by Susan Okin among others, that such problems represent a fundamental tension between two liberal values: gender equality and cultural autonomy. Such an approach, I argue, requires the state to render normative judgements about conceptions of the good life, something which is both arbitrary and unfair in societies characterised by reasonable pluralism. Disputed practices, I claim, are defined by the existence (...) of reasonable disagreement over their legitimacy, which means they need to be resolved in a way that abstains from morally evaluating the religious or cultural doctrines of the group in question. The paper therefore articulates a cost-based approach to such problems. The cost-based approach focuses our conceptual attention on the sorts of publicly identifiable costs that any state decision will have on the various parties to a dispute. By restricting itself to public reasons, this method thereby avoids arbitrarily privileging certain conceptions of the good at the expense of others when determining the boundaries of reasonable pluralism. (shrink)

Sceptics vis-à-vis introspection often base their scepticism on ‘phenomenological disputes’, ‘introspective disagreement’, or ‘introspective disputes’ (Kriegel, 2007; Bayne and Spener, 2010; Schwitzgebel, 2011): introspectors massively diverge in their opinions about experiences, and there seems to be no method to resolve these issues. Sceptics take this to show that introspection lacks any epistemic merit. Here, I provide a list of paradigmatic examples, distill necessary and sufficient conditions for IDs, present the sceptical argument encouraged by IDs, and review the two main strategies (...) to reject such a scepticism. However, both types of strategies are unsatisfactory. In order to save introspection from the looming sceptical threat, I advocate a deflationary strategy, based on either an ‘Argument from Perceptual Kinship’ or an ‘Argument from Ownership’. In the end, there cannot be any genuine IDs, for nothing can fulfil the reasonable conditions for IDs. What looks like IDs may instead be indicators of phenomenal variation. Debates that look like IDs may then arise even if introspection were a perfect method to know one’s mind. Thus, scepticism vis-à-vis introspection based on IDs rests on shaky grounds. (shrink)

Public participation and survivor research in mental health are widely recognized as vital to the field. At the same time, contributions of patient collaborators can present unique challenges to determining authorship. Using an unresolved dispute around research contributions to the American Psychiatric Association’s Psychiatric Services journal, authorship and contribution are addressed. Recommendations are suggested to prevent dilemmas and achieve responsible research credit inclusion, especially among researchers with different backgrounds and asymmetric power relations. Researchers and publishers can prepare proactively for (...) conflict through consensus on authorship criteria, prior agreements around author inclusion, arrangement for third party dispute resolution, transparency in communication and contracts, notification to prospective publications of pending disputes, a contributor-guarantor model of contribution, journal editor “expressions of concern” when authorship disputes go unresolved, and expectation of conflict as generative. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

In 1980 L. M. de Rijk edited some texts connected with medieval disputation ( Die mittelaterlichen Traktate De modo opponendi et respondendi ), towards which he showed a strikingly contemptuous attitude. The reason for his contempt was that the treatises did not fit the obligationes and sophismata tradition. In this article I focus on the original version, the Thesaurus Philosophorum , to highlight the distinction of this family of treatises with respect to the “modern“ tradition. First, I study the features (...) of the disputation that can be recognised through the collection of fallacious arguments contained in the Thesaurus . Second, I briefly examine the contents of the treatise and their arrangement, showing that they are closely related to the kind of disputation in question. I hope to support the idea that neither the technique of disputation nor the contents and their arrangement deserve a straightforward rejection. (shrink)

My intention here is to show that the rhetorical approach to economics is based on a doctrine (the McCloskeyian doctrine) which, at least in some respect, is flawed. I will argue that Donald McCloskey fails to establish three central thesis which this doctrine articulates: first, that the rhetorical approach can explain the success of economics, a fact that I will clearly challenge; second, that only “insiders” can and should set the scientific standards in economics, an idea I will vigorously reject; (...) and third, that philosophical epistemology and methodology is useless for economists because the only thing philosophers are interested in is to find a demarcation criterion, and since this is impossible, philosophy of economics should be completely ignored by economists.; hence, I will argue here that McCloskey’s account of methodology is not grounded. (shrink)

Philosophers have championed contextualist and relativist semantics for aesthetic discourse that attempt to explain faultless disagreement. However, both types of semantics do a good job explaining faultless disagreement. As a rule, more explananda assist in theory choice. This chapter proposes that three more facts need explaining. Aesthetic disputes revolve around objects, even as they express attitudes. They also extend into lengthy exchanges wherein reasons are offered and withdrawn. Finally, they play a role in the formation and regulation of aesthetic practices. (...) Different views about the point of aesthetic disputes interpret these three facts differently. One option has it that we use aesthetic disputes to align with peers who share the same preferences. This option is friendly to relativist semantics. The alternative states that we use aesthetic disputes to coordinate language and concepts to fit aesthetic genres. This option mandates contextualist semantics. The weight of evidence tilts towards contextualism. (shrink)

Various debates in bioethics have been focused on whether non-persons, such as marginal humans or non-human animals, deserve respectful treatment. It has been argued that, where we cannot agree on whether these individuals have moral status, we might agree that they have symbolic value and ascribe to them moral value in virtue of their symbolic significance. In the paper I resist the suggestion that symbolic value is relevant to ethical disputes in which the respect for individuals with no intrinsic moral (...) value is in conflict with the interests of individuals with intrinsic moral value. I then turn to moral status and discuss the suitability of personhood as a criterion. There some desiderata for a criterion for moral status: it should be applicable on the basis of our current scientific knowledge; it should have a solid ethical justification; and it should be in line with some of our moral intuitions and social practices. Although it highlights an important connection between the possession of some psychological properties and eligibility for moral status, the criterion of personhood does not meet the desiderata above. I suggest that all intentional systems should be credited with moral status in virtue of having preferences and interests that are relevant to their well-being. (shrink)

This paper considers the proper location and function of critique in establishing a Thomist realism. The author begins by providing a brief explanation of Étienne Gilson’s understanding of critique and why he thinks a “critical realism” is incoherent. Next, the author considers the criticisms made by John Knasas who, from a Gilsonian perspective, argues that Jacques Maritain employs a version of the transcendental method of retorsion in order to justify his realism. Finally, the author offers a Maritainian response to Knasas (...) in which it is argued that Maritain’s account provides a via media between the Transcendental Thomists, on the one hand, and the strict Aristotelian or a posteriori Thomists, on the other. (shrink)

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic (...) law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

Jerry Fodor, among others, has maintained that Chomsky's language faculty hypothesis is an epistemological proposal, i.e. the faculty comprises propositional structures known (cognized) by the speaker/hearer. Fodor contrasts this notion of a faculty with an architectural (directly causally efficacious) notion of a module. The paper offers an independent characterisation of the language faculty as an abstractly specified nonpropositional structure of the mind/brain that mediates between sound and meaning—a function in intension that maps to a pair of structures that determine soundmeaning (...) convergence. This conception will be elaborated and defended against a number of likely complaints deriving from Fodor's faculty/module distinction and other positions which seek to credit knowledge of language with an empirical or theoretical significance. A recent explicit argument from Fodor that Chomsky must share his conception will be diagnosed and the common appeal to implicit knowledge as a foundation for linguistic competence will be rejected. (shrink)

Disputes and conflicts affect interpersonal relationships. The key factors in resolution are what attitudes people take and what kinds of reconciliation people choose. The paper examines the language of judges from the perspective of Systemic Functional Linguistics, specifically Appraisal System. It presents a case study that is a civil one brought to court in Tahe County in China. The case concerns the conflict and dispute between a chicken raiser and his neighbor. The judge resolved the conflicts and disputes, and (...) the two parties were reconciled. The appraisal analysis of the language used by the two parties explains how conflicts and disputes occurred. The appraisal analysis of the judge's language explains how the mediation succeeded in reconciling the conflicts and disputes. (shrink)

This article explores and compares cross-gender interactions of first and third graders in one child care center. Three prevalent forms of interaction are discussed: teasing, disputing, and playing. The author argues that these three forms of interaction are related to the use of space: Teasing often occurs when space is constricted, disputing is often the result of invaded space, and playing requires shared space and varying levels of cooperation. By focusing on the relationship between space and interaction, important power asymmetries (...) appear. Since boys are more likely to initiate invasions and more likely to determine the rules and terms of the play, they maintain a greater amount of power and control. (shrink)

Financial services have a very significant impact on and meaning to the daily life and welfare of consumers. The spectrum of these types of services is very broad, and their regulation is also changing both at EU and national (Member State) level. In order to implement the main or the most relevant EU level goals, such as high level consumer rights protection, consumer trust in business sector, proper and effective functioning of the EU internal market it is essential to ensure (...) clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote, seek for the more effective, faster and cheaper ways of solving consumer and business sector disputes. The authors of this article support the idea that the abovementioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups, committees or EUwide networks, such as FIN-NET. This article reflects general ideas about the problems arising in the financial consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, analysis of alternative dispute resolution (hereinafter – the ADR) methods and the good practice of their application in the EU Member States. This article highly supports the application of alternative, nonjudicial procedures and broader application of the means of selfregulation, such as codes of conduct. (shrink)