Through this paper, we convey a comparative analysis of how Google Inc. and the Free Software Foundation Europe (FSFE) discursively construct and contest Android, a dominant mobile operating system. Methodologically, we use political discourse theory to engage in the textual analysis; identify and compare key signifiers and nodal points across the exemplary texts from the two actors, and interpret their meaning vis à vis contextual insights about the political economy of Android’s production. Albeit being marketed as (...) ‘the first truly open platform’ for mobiles, through our analysis we find Google’s definition of open source practices strictly conditional. We argue that Google’s usage of compatibility rhetorically as well as techno-legally justifies the conglomerate’s control over the platform. By contrast, the discursive moment by free software activists, through a campaign ‘Free Your Android’ deconstructs the discourse on open source and attempts to politicize the access to code in the mobile domain. This is done by extending from the well-known developer’s four freedoms onto users’ privacy, due to personal character of mobile devices. Such articulation of free software in relation to privacy of user data is a new development and arguably has a potential to contribute to widening support to the movement. (shrink)

One of the paradoxes of the free software ideology is its reliance on the legal institutions it was created to object to. One could argue that Free Software Foundation is using copyright to enforce their free software licenses as aggressively as the Business Software Alliance is enforcing its clients’ copyrights. We will show that the reality is more complex and that there is a significant difference: the free software community uses (...) primarily non-legal enforcement methods and trusts on social norms. We argue that free software could be used as a tool to make copyright more accepted in the less developed world because of its positive connection with copyright and community based approach. We explain why strong copyright is also in the interest of free software developers. The article concludes by suggesting that World Intellectual Property Organization should include free software into its development agenda. (shrink)

“Free software” is software that respects the users’ freedoms by granting them access to the source code, and allowing them to modify and redistribute the software at will. Richard Stallman, founder of the Free software movement, has argued that creating and distributing non-Free software is always a moral injustice. In this essay, I try to identify the ethical foundations of Stallmanism. I identify three major trends in Stallman’s thinking—libertarian, utilitarian, and communitarian—and I (...) argue that none is sufficient to justify the radical claim that distributing non-Free software is always wrong. I recommend thinking of Stallmanism as an attempt to optimize the satisfaction of a number of core values, including freedom, cooperation, and happiness, and I stress the importance of connecting the Free software movement to other political struggles against oppression. (shrink)

Free software introduces a challenge to the classical conception of individual rights. The model of software licensing given by the General Public License generates the question whether it constitutes an exercise or a wavering of copyright. It is argued in this paper that the later alternative is entrenched in the classical concept of freedom as autonomy, which, by its turn, is reflected in a classical conception of individual rights based on the model of propriety as a dominion (...) over an exclusive object (res). We provide grounds for a concept of non-exclusive individual rights, based on the notion of freedom as reciprocity, in order to obtain more solid legal foundations for the free licensing of software. The concept of freedom as reciprocity and the corresponding reconstruction of non-exclusive subjective rights achieved in this paper is an exercise in general theory of law and thus may be applied to other legal fields where the classical notion of freedom and the property of exclusivity do not fit properly. (shrink)

PurposeOriginating in the USA and Northern Europe, Free and Open Source Software (FOSS) found on the internet its fertile environment. In more recent years, FOSS is becoming an increasingly important element in strategies for development and implementation of information and communication technologies also in developing countries. Mainstream research on FOSS has catered to the underlying principles or freedom, open organizational forms, and on its economical aspects. The purpose of this paper is to shed new light on the (...) actual consequences of FOSS, often left in the background.Design/methodology/approachThe paper examines where FOSS principles' assumptions are likely to be more evident: in contexts of developing countries, which are geographically and organizationally far from the original environment of FOSS. A mixed methodology characterizes this work: quantitative and qualitative methods bring readers' attention to unusual empirical settings and downplayed organizational processes of information technology (IT) implementation and adoption.FindingsThe consequences of FOSS on IT implementation and actual use are ambivalent. It is argued that FOSS adoption does not happen spontaneously, neither by decree, and that the relevance of open technologies as public goods remains in the different role of local actual technical and organizational capabilities, and environment conditions.Originality/valueSuch a focus complements existing studies on the economical relevance of FOSS, which are not the focus of this paper. (shrink)

In 2004 Jürgen Habermas and Joseph Ratzinger participated in a debate on the ‘pre-political moral foundations of the free-state’. Their contributions showed broad agreement on the role of religion in today’s Western secular state and on areas of collaboration and mutual enrichment between Modernity and Christianity in Europe and the West. They diverged regarding the need or not of a common cultural background prior to the existence of the polity. Their diverging point becomes all the more fascinating to (...) the extent that the matter requires wider empirical, analytical and normative research before it can be settled. Nevertheless, the implications that derive from one or the other possibility are very different in terms, for instance, of immigration and citizenship policies. This is already clear in Europe and is becoming more evident in general in Western democracies. (shrink)

The increasing number of residents and citizens with non-Western cultural backgrounds in the European Union (EU) has prompted the question of whether EU member states (and other Western democracies) can accommodate the newcomers and maintain their free polities (‘liberal democracies’). The answer depends on how important – if at all – cultural groundings are to democratic polities. The analysis of a fascinating Habermas-Ratzinger debate on the ‘pre-political moral foundations of the free-state’ suggests that while legitimacy originates on the (...) will of the citizens that conform the political community, liberal democracies might not be completely free from moral principles implicit in their political culture. This possibility has normative implications for the political future of the EU - and of the West in general - particularly regarding immigration, integration and citizenship policies. (shrink)

It has been debated whether unauthorized copying of computer software is morally justified and whether developers or software companies can own software and require users to pay for its use. Four views in favour of unauthorized copying of software can be distinguished: 'free software', the landlord analogy, the 'non-exclusiveness argument' and 'it is justified to copy a program that we would never buy'. Considerations regarding these issues can be retraced to the three foundations of (...) rights: inherited rights that are already in place, agreed rights, and no rights. From the viewpoint of agreed rights, rights are based on agreement and negotiation, and, referring to the universalizability theses by Rawls and Hare, I argue that it is justified that developers or software companies 'own' their software. I discuss the economic and social effects of free SW, understood as the abolition of financial acknowledgements, suggested by Stallman. I conclude that such free software would give rise to socio-political changes toward systems that are something other than liberal-based. Again, I argue that we have a reason to object to Stallman's program in the light of the universalizability theses. Nevertheless, even if one were to perceive this as a convincing goal, it is questionable whether one should make unauthorized copies on these grounds in a society that does not function on such lines: one should first seek to change the norms and practices of one's society. This is further argued to be advisable, since it is not obvious that adhering to software copyright in the general sense is unfair or irrelevant. For these reasons, we should take violation of the laws governing software copying seriously. Finally, I criticize the non-exclusiveness argument, the landlord analogy and the view that 'is it justified to copy a program that we would never buy'. (shrink)

Is there such a thing as information justice? In this paper, I argue that the current state of the information economy, particularly as it regards information and computing technology (ICT), is unjust, conferring power disproportionately on the information-wealthy at great expense to the information-poor. As ICT becomes the primary method for accessing and manipulating information, it ought to be treated as a foundational layer of the information economy. I argue that by maximizing the liberties (freedom to use, freedom to distribute, (...) freedom to modify, and so on) associated with certain computer software, an incentives-rich and stable environment can be established in ICT that will foster development of the information economy among the information poor. I suggest that the now-mature Free and Open Source Software paradigm, which has already produced widely-used enterprise-class applications, can be harnessed in support of these ends. (shrink)

Proof assistants are software-based tools that are used in the mechanization of proof construction and validation in mathematics and computer science, and also in certified program development. Different such tools are being increasingly used in order to accelerate and simplify proof checking, and the Coq proof assistant is one of the most well known and used in large-scale projects. Language and automata theory is a well-established area of mathematics, relevant to computer science foundations and information technology. In particular, context- (...) class='Hi'>free language theory is of fundamental importance in the analysis, design, and implementation of computer programming languages. This work describes a formalization effort, using the Coq proof assistant, of fundamental results of the classical theory of contextfree grammars and languages. These include closure properties (union, concatenation, and Kleene star), grammar simplification (elimination of useless symbols, inaccessible symbols, empty rules, and unit rules), the existence of a Chomsky Normal Form for context-free grammars and the Pumping Lemma for context-free languages. The result is an important set of libraries covering the main results of context-free language theory, with more than 500 lemmas and theorems fully proved and checked. As it turns out, this is a comprehensive formalization of the classical context-free language theory in the Coq proof assistant and includes the formalization of the Pumping Lemma for context-free languages. The perspectives for the further development of this work are diverse and can be grouped in three different areas: inclusion of new devices and results, code extraction, and general enhancements of its libraries. (shrink)

Europe's long sixteenth century—a period spanning the years roughly from the voyages of Columbus in the 1490s to the English Civil War in the 1640s—was an era of power struggles between avaricious and unscrupulous princes, inquisitions and torture chambers, and religious differences of ever more violent fervor. Ideas of Liberty in Early Modern Europe argues that this turbulent age also laid the conceptual foundations of our modern ideas about liberty, justice, and democracy. Hilary Gatti shows how these ideas (...) emerged in response to the often-violent entrenchment of monarchical power and the fragmentation of religious authority, against the backdrop of the westward advance of Islam and the discovery of the New World. She looks at Machiavelli's defense of republican political liberty, and traces how liberty became intertwined with free will and religious pluralism in the writings of Luther, Erasmus, Jean Bodin, and Giordano Bruno. She examines how the St. Bartholomew's Day Massacre and the clash of science and religion gave rise to concepts of liberty as freedom of thought and expression. Returning to Machiavelli and moving on to Jacques Auguste de Thou, Paolo Sarpi, and Milton, Gatti delves into debates about the roles of parliamentary government and a free press in guaranteeing liberties. Drawing on a breadth of canonical and lesser-known writings, Ideas of Liberty in Early Modern Europe reveals how an era stricken by war and injustice gave birth to a more enlightened world. (shrink)

This article is based on the premise that the social and political foundations of the geopolitical entity known as the Irish Free State was of a conservative nature, unique in Western Europe. Of course, conservative forces also featured prominently in the early twentieth-century in other European countries. However, they were counterbalanced by forces of opposition sufficiently powerful to generate a social and political balance that was practically nonexistent within the Irish Free State. When exploring the root cause (...) of Ireland's conservative politics, I identify an ideological connection between the lack of radical forces in the Irish Free State and the revolution through which it was established. In other words, the 1916?23 Irish Revolution indisputably laid the foundations of the ideas that were to become the dominant ideology in southern Ireland during the 1920s and 1930s. (shrink)

In this paper I analyse the ethical implications of the two main competing methodologies in genomic research. I do not aim to provide another contribution from the mainstream legal and public policy perspective; rather I offer a novel approach in which I analyse and describe the patent-and-publish regime (the proprietary regime) led by biologist J. Craig Venter and the 'open-source' methodologies led by biotechnology Nobel laureate John Sulston. The 'open-source methodologies' arose in biotechnology as an alternative to the patent-and-publish regime (...) in the wake of the explosion in computer technology. Indeed, the tremendous increase in computer technology has generated a corresponding increase in the pace of genomics research. I conclude this paper by arguing that while the patent-and-publish method is a transactional method based on the exchange of extrinsic goods (patents in exchange for research funds), the free and open-source methodology (FLOSS) 1 is a transformational method based on a visionary ideal of science, which leads to prioritizing intrinsic goods in scientific research over extrinsic goods. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics by Paul SagarJames A. HarrisPaul Sagar. Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics. Princeton, NJ: Princeton University Press, 2022. Pp. xii + 229. Hardback, $37.00.Paul Sagar's invigorating book is a reconsideration of Adam Smith in the sense that it challenges much that is received wisdom in current scholarship. First and foremost, it rejects (...) the idea that Smith was preeminently a moral philosopher concerned with the threat to civic virtue posed by commercial society, and yet intent on giving commercial society a moral vindication nevertheless. Sagar—rightly, in my view—wants us to recognize Smith as having been a political thinker. Too much work on Smith still assumes that there is not much to say [End Page 323] about his political thought because he regarded all but the most minimal government as an obstacle to the proper functioning of markets. Smith is supposed to be a "classical liberal" bent on preserving as much natural liberty as possible in the face of government's relentless overextension of its powers of regulation. In Adam Smith's Politics: An Essay in Historiographic Revision (Cambridge: Cambridge University Press, 1978), Donald Winch rejected that approach to Smith in favor of a portrait of the author of The Theory of Moral Sentiments and The Wealth of Nations as an eighteenth-century thinker with an eighteenth-century thinker's concerns. Sagar's project is quite different. This is a book on Smith's political thought that does not once deploy the term 'Whig.' Sagar's Smith does not wholly float free of his historical situation—the questions he addresses are those posed by the end of feudalism and the advent of modernity—but situating him in the particular circumstances of Britain in the age of revolutions is not Sagar's concern. As Sagar sees it, the fundamental issues addressed by Smith's political thought concern the distinctive form taken by commercial society in the modern era. Smith, according to Sagar, held that all advanced societies are commercial societies. Commercial society as such needed no vindication. The question, rather, was what kind of commercial society a modern state wanted to be. That was a political question insofar as it was a question about the kind of freedom that mattered and about the kind of institutions needed to make that freedom a reality.Defined in maximally general terms, freedom for Smith was the absence of domination, where domination is understood as a lack of security in respect of one's physical safety and possessions. The condition of the poor and powerless had always been one of subjection to the will of the rich and powerful. What changed that, according to Smith, was implementation of the rule of law. This is in itself not a new reading of Smith, but what distinguishes Sagar's version of it is the care with which he examines both the place of the rule of law in Smith's historical account of the emergence of liberty in modern Europe and the precise nature of the connection between the rule of law and freedom. First, on Sagar's view, there needed to be a comprehensive picture of domination and slavery, which had been the normal condition of almost everyone for almost all of human history. Then there needed to be an explanation of how it was that, at one particular historical moment, domination was slowly but surely challenged by the emergence of law and law courts considered as independent of political power. In England, this was the story of the common law and of judges who held office for life, rather than at the pleasure of traditional possessors of power. It was the story of security in property, of the backing of property by law, and it was a largely urban story, of burghers who managed to enlist monarchs on their side in the battle against the barons. It was, in other words, in large part a medieval story, and one consequence is that there was more to say about the rise of liberty in the modern age than that it was caused inadvertently by... (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Two competing models of metaaxiological justification of politics are analyzed. Politics is understood broadly, as actions which aim at organizing social life. I will be, first of all, interested in law making activities. When I talk about metaaxiological justification I think not so much about determinations of what is good, but about determinations refering to the way the good is founded, in short: determinations which answer the question why something is good. In the first model, which is described here as (...) objectivistic, it is assumed that determining that which is good is a matter of cognition; in the second model, which could be described here as voluntaristic or excedingly liberal, it is assumed that determining good is not a matter of cognition but of will – something is good because it is wanted. In the latter model, the cognoscibility of good is rejected and therefore the objective criteria for evaluation of which ‘will’ is better and which is worse are rejected. As a consequence, negative freedom becomes the fundamental value of social order and the basic requirement is that of maximizing the sphere of individual’s free actions, the sphere which is free from interference of other individuals or institutions. I am going to argue that none of these models is acceptable as a basis of oragnizing social life, and at least because of one reason. Each of them leads to a certain version of totalitarianism. In the conclusion I am going to present a mixed model, which, in my opinion, reflexes well the practice of democratic states. Analysis of these three models allows, first of all, to identify more clearly some of the problems appearing in making law, including procedural questions. By pointing at the interdependence of the foundations of good and law making procedures it is argued that the choice of the concept of good (a metaaxiological choice) is primary to the choice of law making procedures. (shrink)

Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes (...) that guide its production, and the political struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration. (shrink)

Claims about the potential of free software to reform the production and distribution of software are routinely countered by skepticism that the free software community fails to engage the pragmatic and economic ‘realities’ of a software industry. We argue to the contrary that contemporary business and economic trends definitively demonstrate the financial viability of an economy based on free software. But the argument for free software derives its true normative weight (...) from social justice considerations: the evaluation of the basis for a software economy should be guided by consideration of the social and cultural states which are the ultimate goals of any economic arrangement. That is, the software economy should be evaluated in light of its ability to provide justice. We conclude with a discussion of possible avenues for reform. (shrink)

Free and open source software is taking an increasingly significant role in our software infrastructure. Yet many questions still exist about whether a software economy based on FOSS would be viable. We argue that contemporary trends definitively demonstrate this viability. Claiming that an economy must be evaluated as much by the ends it brings about as by its size or vigor, we draw on widely accepted notions of redistributive justice to show the ethical superiority of a (...) software economy based on FOSS. (shrink)

Our freedoms in cyberspace are those granted by code and the protocols it implements. When man and machine interact, co-exist, and intermingle, cyberspace comes to interpenetrate the real world fully. In this cyborg world, software retains its regulatory role, becoming a language of interaction with our extended cyborg selves. The mediation of our extended selves by closed software threatens individual autonomy. We define a notion of freedom for software that does justice to our conception of it as (...) language, sketching the outlines of a social and political philosophy for a cyborg world. In a cyberspace underwritten by free software, political structures become contingent and flexible: the polity can choose to change the extent and character of its participation. The rejection of opaque power is an old anarchist ideal: free software, by making power transparent, carries the potential to place substantive restrictions on the regulatory power of cyborg government. (shrink)

To many who develop and use free software, the GNU General Public License represents an embodiment of the meaning of free software. In this paper we examine the definition and meaning of free software in the context of three events surrounding the GNU General Public License. We use a case involving the GPU software project to establish the importance of Freedom 0 in the meaning of free software. We analyze version 3 (...) of the GNU General Public License and conclude that although a credible case can be made that the added restrictions are consistent with the definition of free software, the case requires subtle arguments. Strong arguments against the added restrictions are less subtle, and may therefore be more convincing to many users and developers. We also analyze the Affero General Public License and conclude that it is inconsistent with the definition of free software. (shrink)

Approximately 48 hours ago, knowing that I would, Lord willing, be stand- ing here on this podium two days hence, I tapped http://www.fsf.org into Safari in order to begin learning at least something about the Free Software Movement (FSM). My online education has been augmented by many propo- nents of FSM in attendance at this conference, including Richard Stallman. What I have learned is that this movement is populated by a lot of seem- ingly well-intentioned people who are, (...) at least for the time being, utterly irrational, or worse. In wanting to point out why logic has heretofore been lost on the folks in question, I find within my command an embarrassment of riches. The five minutes at my disposal here is slim indeed, but nonetheless sufficient to reveal the untenability of FSM to those not gripped by an ide- ology: I shall mention here just a needle of fatal truth from the vast supply before me. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This article describes the potential impact that free (i.e., open source) software can have on an existing commercial software market. A model for the software market is constructed in terms of autonomous agents, which represent the users, the companies, and the free software providers. The model specifies a reservation price for each user agent and develops a gradient learning strategy for revenue-maximizing company agents. Simulations explore parameters such as the demand distribution, and the relative (...) importance of market share, advertising and random effects in product visibility. Results from the case without free software show a prevalence of monopolies, which is consistent with other studies of high-technology market economics. The effects of free software are not uniform, but are highly parameter dependent. A “capture region” is found in which free software eventually dominates the market. (shrink)

En el escenario actual de Cuba y el mundo la migración al software libre constituye una necesidad para el desarrollo para garantizar la independencia tecnológica. Los procedimientos para realizar dicho proceso son fundamentales en la estrategia definida por el país que incluye la "Guía cubana de migración al software libre", sin embargo, su aplicación práctica enfrenta dificultades que han motivado a los autores a la elaboración de una estrategia específica para la migración al software libre en el (...) sector de la Salud Pública de la provincia de Camagüey, Cuba. En esta estrategia se proponen las acciones concretas, los programas docentes que permitirán la recalificación del capital humano y las acciones que posibiliten garantizar la sostenibilidad de la migración al concluir el proceso. In the present Cuban and world scenarios the migration to free software constitutes a need for the development to guarantee technological independence. The procedures to carry out that process are vital in the strategy defined by the country that includes “Cuban guidelines for the migration to free software” however its practical implementation is facing difficulties that have motivated the authors to elaborate a specific strategy form the migration to free software in the Public health sector in the province of Camagüey, Cuba. In this strategy actions are suggested, like teaching programs that will allow the recertification of the capital human resources and steps that will make possible to guarantee the sustainability of the migration at the end of the process. (shrink)

Constructivist biosemiotics foundations imply the first-person basis of cognition. CBF are developed by the biology of cognition, relational biology, enactive approach, ecology of mind, second order cybernetics, genetic epistemology, gestalt, ecological perception and affordances, and active inference by minimization of free energy. CBF reject the idea of an objective independent reality to be represented by information processing in order to be the fittest. CBF assumes that perception is the behavioral configuration of an object and objects are tokens for eigen-behaviors. (...) Cognition takes place in the organism-environment structural coupling during the ontogeny and phylogeny of all biological unities including unicellular organisms. Therefore, if exogenous DNA particles are just tokens for the cell signalling eigen-behaviors, if there is no ‘information’ in the DNA sequence, how can we explain that the same virus or trans- sequence is associated with a similar phenotype? We call this ‘exogenomic problem’. With this basic example, but sufficiently generic to the whole biological world, we agree respectively with Autopoiesis, -system, and Gaia theory: i) ‘Information, code and meaning’ in the DNA sequence belong to the domain of the observer’s description. ii) Genetic ‘information’ is not a program or algorithmic software in DNA sequence. Rather it is a microphysical observable mode of eigen-behaviors in biological unities. iii) The transfer and acquisition of DNA particles is a biospheric phenomenon that maintains its homeorhesis, symbiotic and biosemiotic entailment. Based on the theoretical and experimental results of these theories, it is concluded that genetic ‘information’ is not a genomic sequence, nor any kind of information, but for the cell DNA must embody physical forcing. Genetic characters are the effects and not the cause of phenotype and DNA particles do not ‘use or manipulate’ cellular metabolism. Rather, any cellular configuration change that occurred before or during DNA perturbation is determined on the basis of the cellular standpoint. (shrink)

Bernard Stiegler highlights many of the problems faced by education with respect to the ‘bringing forth’ of knowledge on an individual, collective, and technical level in the Anthropocene. These problems include the short-circuiting of dreams, automatization of thought, and toxic digital networks. Stiegler’s φάρμακον seeks to treat the toxicity of the Anthropocene with a care-ful hermeneutic approach that is directed towards the disautomatized, inventive, co-individuating knowledge act. This paper first explores Stiegler’s Anthropocene and his development of Heideggerian ποίησις in terms (...) of the challenge of the ‘bringing forth’ of knowledge acts, which are illustrated by free software. It then explores, through the additional example of free radio, of Félix Guattari’s work in free radio, the problem and possibility of creative co-individuating ex-pression in the Anthropocene by expanding on Stiegler’s emphasis on the importance of hermeneutics. This raises the question of how to read Stiegler’s own ex-pression of the future of knowledge. Next, the paper reviews Stiegler’s educational project involving a dis-automatizable hermeneutic web. Finally, the paper gives an autoethnographic account of an attempt to ‘bring forth’ learning through the implementation of free software in local, online classrooms. The free software example does not solve the problem of the Anthropocene but does raise the question of our responsibility to choose our digital tools care-fully and the importance of maintaining the possibility of co-individuating ex-pression like the kind that is remembered in song and which online education should remind us of. (shrink)

Summary To understand the present situation we must know something about its history. The ‘Rise of the West’, which grew out of the ‘European Miracle’, is a special case of cultural evolution. The development of science is an important element in this process. Cultural evolution went hand in hand with biological evolution. Evolutionary epistemology illuminates the achievements and the evolution of cognitive sensory apparatus of various species. Man's cognitive sensory apparatus is adapted to the ‘mesocosmos’, the world of medium-sized dimensions. (...) The biological structures constitute the hardware of the cognitive sensory apparatus, while certain expectations and theories, which are ontogenetically apriori, constitute the corresponding system software. A distinction is introduced between ‘primary theories’ (linked to the sensory apparatus) and ‘secondary theories’. The latter are the result of attempts to meet the demand for an explanation of phenomena that cannot be explained in terms of ‘primary theories’. Two subsets of ‘secondary theories’ are compared: spiritualistic-personalized theories and scientific theories. From the historical point of view the scientific secondary theories are but a special subset of the class of secondary theories. From the systematic point of view it is instructive to focus on a comparison of the two subsets: what do they have in common? in what respects do they differ? The rise of scientific thinking is closely linked to the ‘European Miracle’. How (and when and why) did the West grow rich? To answer this question we must first produce an explanation of the principle: theories about the consequences of institutional arrangements. Then we can give a historical explanation of why this development took place in Europe and only there. It is claimed that the secret of success, economic wealth and the first approximations to relatively free societies, was the taming of the state, the taming of cleptocracy (independent of the nature of the agency having cleptocratic appetites, be it princes or parliaments). The taming of the state is a pre-democratic achievement. Finally, the consequences of institutional arrangements for scientific progress and innovation are examined. Only if the system is market-like, will it link individual effort with reward and, through the competitive process, encourage the wide dissemination and use of new ideas. There is no tradeoff between freedom on the one hand and economic success and the growth of scientific knowledge on the other. Freedom and the ensuing flexibility is the key to the past and to the future. (shrink)

Software is much more than sequences of instructions for a computing machine: it can be an enabler (or disabler) of political imperatives and policies. Hence, it is subject to the same assessment in a normative dimension as other political and social phenomena. The core distinction between free software and its proprietary counterpart is that free software makes available to its user the knowledge and innovation contributed by the creator(s) of the software, in the form (...) of the created source code. From an ethical perspective, one of the most pressing questions raised by this form of collaboration is the question of the rights, and the restrictions on them, that are passed on to users and collaborators by the creators of programs. That is, what freedoms do software users deserve, and how can they best be protected? In this study we analyze free software licensing schemes in order to determine which most effectively protects such freedoms. We conclude that so-called copyleft licensing schemes are the morally superior alternative. (shrink)

This scientific article is devoted to the research of different aspects and forms of existence of the "European idea". In particular, the idea of "Europe of concentrative circles" and conception of "Europe of variable geometry" which were offered by the prime minister of France E. Balladur. The author focuses on the fact that the problems associated with formation or, in fact, definition of the theoretical foundations of contemporary European integration process have an objective character. This is due to (...) deepening and enlargement of the EU, in the context of changes in theoretical approaches. Treated on the basis of facts the author makes following conclusions: the idea of "Europe of concentrative circles" provides more higher level of integration towards the "center" of the European Community, which would be after the EU political union, a common market and economic and monetary union. Followed by countries of the European Free Trade Association, close to the EU in economic and legal terms. The outer circle is composed of the countries associated with the EU applying for full membership. Fourth, the broadest range - there are the member-states of the OSCE as a common area of European cooperation. (shrink)

The Topos of Music is the upgraded and vastly deepened English extension of the seminal German Geometrie der Töne. It reflects the dramatic progress of mathematical music theory and its operationalization by information technology since the publication of Geometrie der Töne in 1990. The conceptual basis has been vastly generalized to topos-theoretic foundations, including a corresponding thoroughly geometric musical logic. The theoretical models and results now include topologies for rhythm, melody, and harmony, as well as a classification theory of musical (...) objects that comprises the topos-theoretic concept framework. Classification also implies techniques of algebraic moduli theory. The classical models of modulation and counterpoint have been extended to exotic scales and counterpoint interval dichotomies. The probably most exciting new field of research deals with musical performance and its implementation on advanced object-oriented software environments. This subject not only uses extensively the existing mathematical music theory, it also opens the language to differential equations and tools of differential geometry, such as Lie derivatives. Mathematical performance theory is the key to inverse performance theory, an advanced new research field which deals with the calculation of varieties of parameters which give rise to a determined performance. This field uses techniques of algebraic geometry and statistics, approaches which have already produced significant results in the understanding of highest-ranked human performances. The book's formal language and models are currently being used by leading researchers in Europe and Northern America and have become a foundation of music software design. This is also testified by the book's nineteen collaborators and the included CD-ROM containing software and music examples. (shrink)

The free and open source software (Foss) movement deserves to be placed in an historico-ethical perspective that emphasizes the end user. Such an emphasis is able to enhance and support the Foss movement by arguing the ways it is heir to a tradition of professional ethical idealism and potentially related to important issues in the history of science, technology, and society relations. The focus on software from an end-user’s perspective also leads to the concept of program conviviality. (...) From a non-technical perspective, however, software is simply a new example of technology, and the effort to assure that technology is developed in a socially responsible manner has a significant history. The argument thus begins with observations about the history of technology. This leads to critical reflections on the development of professional engineering ethics, and to a discussion of the alternative technology movement. Finally, it concludes by indicating some criteria to consider when imagining the design of convivial software. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

In free and open source software (FOSS), computer code is made freely accessible and can be modified by anyone. It is a creative domain with many unique features; the FOSS mode of creativity has also influenced many aspects of contemporary cultural production. In this article we identify a number of fundamental but unresolved general issues in the study of creativity, then examine the potential for the study of FOSS to inform these topics. Archival studies of the genesis of (...) FOSS projects, coupled with laboratory studies detailing the psychological processes involved in software creation, can provide converging evidence on the nature of creativity in software design. Such a research program has broad implications both for theories of creativity and for real-world innovation in software and other forms of digital cultural production. (shrink)

Die vorliegende Arbeit entstand im Auftrag des Osteuropa-Institutes der Universitat FreiburgjSchweiz und wurde in groBziigiger Weise von der Rockefeller Foundation unterstutzt. Ich machte diesen Institutionen hiermit meinen Dank aussprechen; insbesondere aber machte ich dem Herausgeber der Reihe "Sovietica", meinem verehrten Lehrer Prof. Dr. J. M. Bochenski danken, dem ich zahlreiche konkrete Hinweise verdanke. Da uber die marxistisch-Ieninistische Philosophie in der CSR m. W. keine einzige westliche Untersuchung vorliegt - und sei sie noch so bescheiden-, auf eigene Forschung angewiesen. Was (...) allerdings nicht war ich vallig philosophische Fragen betrifft, so konnte ich mich auf zahlreiche Hin weise von Spezialisten stiitzen; in diesem Zusammenhang machte ich mich bei den Herren Dr. H. Dahm von der Redaktion der "Ost-Probleme", Bonn, O. Kostrba yom "Radio Free Europe", Munchen, Dr. Kuhn yom Sudetendeutschen Archiv, Munchen, sowie Dr. R. Urban yom Johann Gottfried Herder-Institut, Marburg, bedanken. Zu besonderem Dank bin ich Dr. H. Slapnicka, Linz, verpfiichtet, von dem ichin wenigen Stunden oft mehr gelernt habe, als ich dureh monate1anges Studium Mtte erfahren kannen. SchlieBlieh machte ieh aueh Herrn O. Sagner von der Buchhandlung Kubon & Sagner, Munchen, danken; seiner oft muhe vollen Sueharbeit verdanke ich fast aIle Zeitschriften und Bucher, die mir zur Verfiigung standen. Der informierte Leser wird vermutlieh zahlreiche Lucken, Ungenauig keiten oder gar Fehler entdecken; ieh muG wohl nieht besonders hervor heben, wie dankbar ieh fUr entsprechende Hinweise bin, die mieh stets uber den Verlag Reidel, Dordrecht, erreichen. (shrink)

Charles Demuth is widely recognized as one of the most significant American modernists. His precisionist cityscapes, exquisite flowers, and free-wheeling watercolors of vaudeville performers, homosexual bathhouses, and cabaret scenes hang in many of the country's most prestigious collections, including the Metropolitan Museum of Art, the Philadelphia Museum of Art, the Columbus Museum of Art, the Amon Carter Museum in Fort Worth, the Art Institute of Chicago, and in Demuth's Lancaster, Pennsylvania, family residence, now home of the Demuth Foundation. (...) At a time when many American artists remained tied to Europe, Demuth "Americanized" European modernism. This collection of 155 of his letters offers valuable views of the arts and letters colonies in Provincetown, New York, and Paris. Besides offering information on Demuth's own works, the letters also shed light on the output of his contemporaries, as well as references to their trips, liaisons, and idiosyncrasies. Demuth numbered among his correspondents some of the most famous artists and writers of his time, inluding Georgia O'Keeffe, Eugene O'Neill, John Reed, Gertrude Stein, Alfred Stieglitz, Carl Van Vechten, and William Carlos Williams. In his travels in the United States and abroad, he encountered many other talented contemporaries: Peggy Bacon, Muriel Draper, Marcel Duchamp, the Stettheimer sisters, artists and writers, patrons, and gallery owners. Whether he is offering to pick up a copy of Joyce'sUlyssesfor Eugene O'Neill or trying to convince Georgia O'Keeffe to decorate his music room, Demuth is always in the thick of art and literary life. Flamboyant in attire but descreet in his homosexuality, Demuth also reveals in his letters the life of a talented homosexual in the teens and twenties. With his best friends Robert Locher and Marsden Hartley, he circulated through the art colonies of Greenwich Village, Provincetown, and Paris, meeting everyone. The book also contains reprints of some short appraisals of Demuth and his work that were published during his lifetime, long out of print, including pieces by A. E. Gallatin, Angela E. Hagen, Marsden Hartley, Helen Henderson, Henry McBride, Carl Van Vechten, Rita Wells, and Willard Huntington Wright. Author note:Bruce Kellneris Emeritus Professor of English, Millersville University, and a member of the Demuth Foundation Board of Directors. He is the author or editor of 10 other books. (shrink)

Introduction Reza Davari Ardakni, the Iranian contemporary philosopher, distinguishes development from Western modernity; in that it considers modernity as natural and organic changes that Europe has gone through, but sees development as a planned design for implementing modernity in other countries. As a result, the closedness of development concerns only the developing countries, not Western modern ones. Davari emphasizes that the Western modernity has a universality that pertains to a unique reason and a unified world. The only way of (...) thinking in this world is a philosophical thought based on human self-centered reason, and given the pervasiveness of Western civilization. Therefore, Davari does not consider Westernization as mere imitation of Western customs and methods, but rather as a way of existence in the world. Westernization is a subjective view of the world and beings. Westernization is not optional, enabling non-Western people to avoid it. According to the Westernization scenario, the world today is entirely Westernized, and Davari considers Westernization as the inevitable fate of the people of this era, seeing two alternatives for them, both of which ultimately lead to the same destination, which is to embrace development; either they seize the power of science and technology and join the process of global modernization and participate in it, or they become subdued by this process and accept it without participation. Davari regards the first type of Westernization as active and the second type as passive. Problematique Therefore, underdevelopment is not a concept of the ancient world, nor even of a world between the ancient and the modern, or on the threshold of modernization. Underdevelopment is a condition of suspension and timelessness and being exposed to modernization. To escape the paradox of underdevelopment, which is the inevitable historical fate of non-modernized societies, Davari sees no way out other than embracing development. In other words, Westernized societies, which have become confused due to modernization, have no escape route other than turning to development. Therefore, some critics of Davari accuse the theory of Westernization of being a theoretical rupture. M. T. Tabatabaei, by rejecting the theoretical rupture in the theory of Westernization, believes that in the argument of Davari, we are only faced with a shift from a philosophical to an intellectual level. Tabatabaei, by avoiding providing a philosophical response to the critics of the theoretical rupture, believes that the introduction of active Westernization and collaboration in science and technology as a solution to escape from underdevelopment conditions, is only a shift from a philosophical level to an intellectual level and does not involve a rupture. Therefore, it seems that the philosophical issue of how or the possibility of escaping from underdevelopment conditions is still an open non answered problem. In this study, seeking a philosophical answer to this problem, an attempt has been made to summarize Davari's definitions of development, underdevelopment, participation in the world of science, and the role of humanities and social sciences in development, using his writings and speeches. It is proposed that a way to escape from the clesedness of development based on Davari's views, is to make use of analytical method with emphasizing on concepts and theories of the philosophy and metaphysics of science. Argument According to Davari, the social and human sciences that are responsible for development planning in underdeveloped societies must consider the characteristics of underdevelopment in order to facilitate the transition to more favorable conditions. Davari identifies the following conditions for successful development: 1) replacing tradition with science as the organizing and coordinating principle in society, 2) recognizing the universality of philosophy and science of the Western modernity and the impossibility of blindly imitation and adopting it, 3) inevitability of actively engaging and interacting with development, 4) recognizing the internal dynamics of scientific progress and avoiding authoritarian control, and 5) promoting free participation in the scientific paradigms. Therefore, Davari suggests the following steps towards development: 1) recognizing and understanding the problems of society and the local ecosystem, 2) understanding the philosophical and cultural foundations of Western civilization, 3) understanding the historical context and paradigms of science, 4) understanding the philosophical and metaphysical foundations of science, 5) recognizing the intellectual and philosophical capacities of our own community, and 6) reflecting our own philosophical and metaphysical assumptions in the scientific world in a way that is compatible with scientific methods. Given the motivations for change in science at both the global and national levels, including the emergence of heterodox or indigenous sciences, and the inevitable nature of development, Davari points to the possibility of a path between absolute rejecting or accepting the mainstream social and human sciences. However, this path is challenging and contingent upon the aforementioned conditions and steps of transition. Conclusion It is necessary to seek this path within the realm of the philosophy and metaphysics of science, particularly in the origins and foundations of the social and human sciences. Research in the metaphysics and philosophy of the social sciences provides the opportunity for active scientific engagement in the scientific paradigms and a reconsideration of the foundations of science, allowing for different philosophical foundations while are compatible with scientific methods. Successfully finding a path between absolute rejecting or accepting the existing social sciences will lead to an internal transformation within the field of science and, in fact, will advance the boundaries of knowledge. Therefore, it is possible, while adhering to the conditions of transition and actively participating in the world of science and technology, and accepting the unity of modernity and avoiding selectivity and imitation, to search for a way to overcome the closedness of development through a reconsideration of the philosophical and metaphysical foundations of science, while recognizing our own intellectual heritage and critically assessing Western science and technology. (shrink)

Tranquillity’s Secret Presents A New Understanding Of The World And Ourselves, And A Forgotten Meditation Technique That Protects You From Traumatic Harm. There Is A Way Of Seeing The World Different. -/- My goal in this book is two-fold: to introduce a revolutionary paradigm for understanding ourselves and the world; and to explain an ancient meditation technique that brought me to the insights upon which it is founded. This technique appears in different forms in the extant spiritual and religious traditions (...) over millennia which have used it — and in which it has been acknowledged as the most efficacious way to reach a direct experience of mind, or the most direct path to a union with God. Unfortunately, the proper way to use it has been largely lost over the last few centuries along with a clear understanding of why it was claimed to be so highly efficient. The primary reason for this loss is the mechanical materialism that frames all our scientific knowledge today. Lady Anne Conway, an English philosopher and a contemporary of René Déscartes, the French Metaphysician of the Seventeenth Century, was the first to characterize his philosophy as the “Mechanical philosophy.” It was Déscartes’ fascination with garden automata (moving statues) that he saw throughout Paris during his time, that led to his idea that the bodies of animals are nothing more than machines of varying complexity – which could be replaced by metal cogs, axles, and wheels. This very contemporary idea is in fact his legacy to humanity — along with the mind-body split that it entails — as mechanism became the standard to which Nature and all life was compared, and still is. This was the genesis of the modern reductive scientific understanding of life as discovered mechanisms made up of dead matter. -/- Although Déscartes’ philosophy was not materialism proper, as he held mind to not be material in nature, his was the most significant move to a cognitive framing of all phenomena as the result of mechanical interactions, and he went so far as placing all non-human animals into the machine-only category, because, he argued, they didn’t have minds. While a full account of Déscartes’ thought is not useful in this work, I want to use Lady Conway’s term to make a distinction between a mechanical materialism, which materialism has evolved into, and a less severe understanding that is not so destructive of the primacy of two aspects of being alive — mind and cognizance — which today are asserted to be by-products or epiphenomena of material processes in the brain by strict adherents to the mechanical philosophy. -/- This frame allows nothing but dead matter, and all that is comprised of dead matter, to be entertained as real. Anything beyond that is either ignored, or considered to be nothing more than figments of someone’s imagination — and this both limits and structures our thoughts about everything. Even those who believe they have moved on from this limiting understanding continue to be fenced in by language, which is structured by it — so that there is no escaping its limitations via a simple substitution or redefinition of concepts. Rather, it will take a truly revolutionary new paradigm and a concomitant reframing of our understanding of ourselves, this world, and reality, and how they come together in the new paradigm. I characterize the difficulty of this change as being like that of meeting an alien race and trying to work out how they see reality before communication can begin — which is very difficult to do when one’s own view is so limited. -/- I call this revolutionary paradigm Responsive Naturing. -/- Responsive Naturing replaces the current paradigm and its concomitant idea of deterministic causality which is foundational in scientific practice today. It can do this because, as you will see, it better accounts for all categories of phenomena, and thus includes all the most important human experiences, such as that of being alive, of beauty, of love, and the ultimate unity of all things. Responsive Naturing provides a sound foundation for the sciences, without the imposed limitation of mechanical materialist explanations, so that both science and spirituality can be founded upon this single common understanding of how things work. -/- This novel paradigmatic understanding of reality intrinsically applies to all dimensions of mental phenomena — be it of perceptions, sensations, or thoughts — and from the indeterminacy of quantum mechanics to the stochastic nature of most physical phenomena, to the often accidental, sometimes fortunate, but never sure, character of all human activities. This makes this new paradigm immediately productive in a practical way — it simply works, as I will show. It empowers us in ways that our disjointed and parochial schools of thought lock us out of completely, opening up new possible methods of looking at problems and finding solutions across disciplines. However, understanding the repercussions of the new paradigm upon one’s cognitive frame and the concomitant structure of language is difficult to comprehend simply because it is alien to the existing frame and paradigm. The impetus to make the effort is becoming quite clear: -/- Today, the sciences are ruled by the limiting cognitive framing of mechanical materialism, and over the last century, the limitations of that frame and its associated scientific paradigm of physical causality have become obvious: science has become schizophrenic. On one hand, some scientists say everything is strictly determined by the laws of nature, and neither free will nor conscious intent have any involvement in what happens; but others say that the state of the underlying quanta that make-up everything is indeterminate until consciously observed with the intent to measure it. Mechanical materialism is why scientists say you have no free will, while you obviously experience that you do — and you are held responsible for your actions by society because you do. It is also why scientists cannot find a non-speculative explanation of consciousness on an evolutionary or biological level, even though being conscious is the most obvious aspect of being alive. And these contradictions have infected every aspect of our lives, and our world, by limiting our ability to see the world any other way. Even the formulation of spiritual doctrines is constrained today by this cognitive frame’s presence in our language. This is not an academic matter, as we see clearly in our failure, so-far, to change the path that has brought us to a global environmental collapse and the ecocide of life on Earth. -/- What is unique about the book’s approach is that it does not speculate about what might be the case, like so much of philosophy does. Instead, it relies upon meditative and contemplative insights that were gleaned directly from a dedicated advanced meditation practice over 60+ years of the author’s life. These insights were then confirmed by subsequent research into similar forms of this advanced meditation technique found across the world and throughout human history. In conjunction with my meditation practice, I have doctoral-level education in Philosophy and a 30-year career in Software Engineering. The latter was in part focused on automated software development, during which I was confronted with the unsolvable enigma — within the mechanical materialist understanding that I was enculturated into, and inculcated with — of Human Creativity. An enigma that set me on my path of discovery. -/- I have discovered, and continue to discover, just how productive this novel paradigm is in understanding ourselves and our world, by its ability to explain — in detail — so many of our experiences that are today either inexplicable, paradoxical, or ignored “for the present” by scientists until some hoped for mechanical description can be found. For the most part, scientists constrain themselves to describing mechanisms, but describing how is not explaining why — and that is why so much of our modern knowledge has a best-used-by-date. On the other side, seemingly all spiritual traditions accept this modern characterization of the world, ourselves, and reality that is manifest in our language, so that even spiritual phenomena and ideas are necessarily structured by it. We accept the ideas of separate beings, intentional entities, levels of consciousness, and attainment of enlightenment or unification with God, all of which are necessary because dead matter, and unconsciousness, are considered to be the starting point. It isn’t. Rather than just present this novel paradigm as a fait accompli, the book’s five sections bring the reader through stages of reconfiguration of our understanding: -/- Volume 1. The Way of Unsaying — The need for the articles in the first volume is not to tell the reader how things are, but to unsay the things that they have heard throughout their lives and have taken to heart. This is accomplished by exposing the logical and explanatory limitations of those ideas that usually go unnoticed. This is necessary to do in order to open the reader’s mind to other ways of accounting for phenomena, and navigating life, so that the reader will understand: first, why the meditation technique I will present is so effective; and second, why the novel paradigm that I propose will truly advance human knowledge and enable us to change our way of being in the world. In order to liberate oneself from seeing the world in a particular way I use skillful means to unseat all the understandings that we have all been inculcated with. This can be destabilizing, and you might find yourself getting annoyed, or even frightened. To paraphrase a Buddhist proverb: Better not to start; but if started, better to finish: -/- Volume 2. The Way of Contemplation — In this volume, the paradigm of Responsive Naturing is developed, building upon the dialogs in volume 1. This volume challenges the reader, since breaking free of one’s existing cognitive frame and paradigmatic understanding is not a trivial exercise, and neither is restructuring one’s thoughts to fit into a new paradigm. This section explains what Responsive Naturing means, how it works in both spiritual and scientific senses, my specific arguments for why it is the answer to our need for a better way to account for phenomena and experience, and how our way of being in the world can change because of it. I attempt to show, via a myriad of independent fields of study, just how powerful this paradigm is in explaining the various phenomena that until now, either had no scientific explanation, or had an incoherent and never proven one. -/- Volume 3. The Way of Tradition — This volume provides the reader with traditional descriptions of similar types of meditation to that which I am presenting. These techniques are related by the unusual support for meditation that they use: that of Inner Spontaneous Sound. This information is provided for two reasons: 1) to validate the technique I present in volume 4, The Way of Meditation, by showing the high esteem that these techniques have been held in by all spiritual traditions, and 2) to present a rational explanation for the technique’s effectiveness, based upon responsive naturing. Volume 4. The Way of Meditation — This volume describes the practice that I call “Great Responsiveness Meditation” which will allow the reader to: 1) engage in a long-term meditative and contemplative practice in order to attain the insights that are the foundation for the novel paradigm that I am presenting; and 2) to benefit from two unique side-effects of using inner spontaneous sound: one which protects the meditator during traumatic and extreme emotional experiences, especially of the kind now expected because of the current global environmental and societal crises; and the other — which is widely attested to — is an alchemical-like change in the meditator, who quickly displays compassion without self-centered concern. In Buddhism, this is known by the Sanskrit word “Mahākaruṇā,” which is the type of responsive compassion displayed by all enlightened beings. It is a permanent change in how we live our life, and it enables each of us to overcome our worst inculcated selfish behaviors. (shrink)

Can one be happy and free, and nonetheless be moral? This question occurs at the core of daily life and is, as well, a question as old as philosophy itself. In _Can Virtue Make Us Happy? The Art of Living and Morality, _Otfried Höffe, one of Europe’s most well-known philosophers, offers a far-reaching and foundational work in philosophical ethics. As long as one understands "happiness" purely as a feeling of subjective well-being, Höffe argues, there is at best only (...) an accidental unity between it and morality. However, if one means by "happiness" the quality of doing well in the sense of one’s own successful existence, then one must include actions that undoubtedly have a moral character and are named virtues. He uses clear and general language to present what one understands by "happiness" and "freedom" while illuminating the blind alleys in the history of philosophy as well as the difficulties raised by the issues themselves. What has priority: good ends or right action? Is freedom always anarchy? Is it possible to think of a freedom enhanced by morality? Is "morality" only a pretty word for stupidity? Does humanity have a good or a bad character? Is there such a thing as evil? Höffe offers us enlightened philosophical reflection and foundational orientation but no simple formulas; this is precisely what is at stake because anyone who wishes to live a self-determined life rejects any and all formulas. (shrink)

The main purpose of this study is to become acquainted with the educational institutions in Ottoman Empire during and after the 18th century. In this respect, special attention is given to which initiatives were taken in terms of education and which educational institutions were established during the aforementioned period. The need to comply with the West in terms of science, culture, reasoning, and technological advancements has led to the questioning of the current madrasah system. Upon revising the educational system of (...) the madrasah, which had difficulties in being productive and attaining to the necessities of the time, there have been initiatives primarily to establish and structure military schools. These attempts to reform education was intensively seen as from the early 18th century. The above-mentioned changes and progress have gained momentum with the Tanzimat era. It was observed that during this period, many schools were established beyond military; education levels were clarified and; females were given right to study. Similar to Tanzimat era during the first Constitutional Monarchy and Autocracy eras, positive contributions toward educational reforms were made. However, beginning from the middle of the second Constitutional Monarchy era, the economic and social complications that the state was going through had a negative impact on the educational system and the practicality of the educational institutions.Summary: Education has been the most important factor in determining the social, economic, and cultural level of a society. The level of development, which is the determinant of the superiority of the nations to each other over the world, varies according to the importance given to education. To be a pioneer in the scientific sense, to be able to have technological opportunities, to make people live more comfortable and peaceful, to have more power in the economic field and to ensure the continuity of the nation that depending on all these, it will be possible with the understanding of education that can read the time and future well. The fact that world states are superior to each other in different periods of history is directly related to their understanding of education. It can be said that in the centuries following the beginning of the new age, especially the Western nations have taken a more positive step at this subject. The changes in both mental and action spheres such as XVI. century Renaissance movements, XVIII. century enlightenment movement and finally the industrial revolution triggered the development in the scientific and technological field. In these periods the importance given to thinking and the freedom of thought has been the main factor of the progress in the scientific field. The European nations, which went beyond their religion-based bigotry and prioritized the free and secular understanding, have become superior to other nations of the world. However, it is not quite possible to say that in the same periods the Ottoman Empire was able to adapt with the same speed to such accelerations of change and development that placed in Europe. One of the main reasons for this situation and perhaps most importantly is that the educational concept in the Ottoman Empire remained within a static structure in the last centuries. In particular, the matters such as the madrasa being away from productivity, the limitation of the understanding of the science only with religious sciences, has led to the problem of inability to adapt to the rapid transformation that in Europe. The first steps towards eliminating this weakness noticed by the state executives over time has been taken through the improvement and transformation of the Ottoman educational institutions. It is possible to say that the first attempts as to these restructures of education, which is also called as Westernization or modernization by the educational historians, has begun in the period of Sultan III. Selim. In the context of the Nizam-ı Cedid movement, a number of positive initiatives in education, such as the improvement of madrasas, the opening of military schools and translation activities, constitute the core of the changes that will take place in later periods. Immediately afterwards, in the period of II. Mahmut, making the reading and writing education compulsory, opening of Western-style junior high school, establishing medical and vocational schools that provide education at higher education level are considered as positive innovations of the period. The time interval from the proclamation of the Tanzimat edict until the First Constitutional monarchy is the period in which the institutionalization and structuring towards education in the Ottoman Empire is at the highest level. Besides many educational institutions in this process where the ministry responsible for education and training is established and the regulation containing the arrangements regarding this field is put into force, one of the most important initiatives made is laying the foundations of the Dâr al-Fünûn (Ottoman University) which is considered as the first university in this land. The fact that many educational institutions established in this period that are the roots of today's educational institutions is important in terms of demonstrating the accuracy of the initiatives within the mentioned period. In Meşrutiyet (the First Constitutional Monarchy) and the subsequent period of Mutlakiyet (Autocracy), contributions were provided on previous positive structuring. However, the social and economic problems experienced in the country since the second half of II. Meşrutiyet (the 2nd Constitutional Monarchy) have been effective in the inability of continuing innovations towards education. In this study, the educational institutions established in the Ottoman Empire before and after the Tanzimat period were discussed. The aim is not just to reveal what these schools are. It was also aimed to emphasize which areas in which schools are required to be based on which needs, which obstacles are encountered during the change of mentality in education, regulatory activities foreseen to overcome obstacles and to what extent they have been successful. In this regard, the signals of change as to the structure of educational institutions, which could be the source of most of the republic period, started from the beginning of 1700s and continued until World War II period. During this period of more than a hundred years, the political periods related to the structure and functioning of the state have also been influential in the structuring of educational institutions. In fact, the Reorganization (Tanzimat) period, which is known as ‘reform’ in the mentioned process, is considered as the stage where the change and transformation concerning education is the most. It is seen that the process of westernization still continues even though it is not with the same acceleration in the Constitutional Monarchy and Autocracy periods after the Reorganization period. When looking at the facility of educational institutions in chronological order, it is determined that there is a dominated understanding that prioritizes to train military staff in the military field and to have a competent army with the technological possibilities of the time, in other words, to create a strong defence system against the foreign powers of the country. Indeed, for the first time in order to give technical information about modern military, Hendesehane opened and started to operate in İstanbul in 1734 by Mahmut I; Mühendishâne-i Bahrî-i Hümâyûn, the school of the first military maritime was opened in 1775 in order to provide modern education; Mühendishâne-i Berrî-i Hümâyun was founded in 1795 in Istanbul, in order to train artillery and military officer (military engineer); Mekteb-i Harbiye, which was opened in 1835 to train officers, and Menşe-i Küttab-ı Askeri, which was established to train military scribes, contributed to the contemporary construction of the army. In the mentioned period, the most important change outside the military area was in the health area. In this sense, in order to meet the medical doctor needs of the army, Tıbhâne-i Amire was established in 1827. In 1867, the first civilian medical school, Mekteb-i Tıbbiye-i Mülkiye, started education and training. Another important innovation movement for education was in the field of law. In this context, the School Law was established in 1880. In order to train competent staff in administrative staff, the schools of the Mekteb-i Mülkiye, the schools of teacher, the schools that enable women to do education, the improvement of schools that train the clergy and the regulations based on this take attention as educational activities carried out in the mentioned period. (shrink)

The essays in this volume convince me of something which, until now was only a hypothesis of mine. Academic discourse, and perhaps American university discourse in particular, possesses an extraordinary ability to absorb, digest, and neutralize all of the key, radical or dramatic moments of thought, particularly, a fortiori, of contemporary though. Marxism in the United States, though marginalized, remains deafly dominant and exercises a fascination that we have not seen in Europe since the Russian Proletkult of the 1930s. (...) Post-Heideggerian "deconstructivism" though esoteric, is welcomed in the United States as an antidote to analytic philosophy or, rather, as a way to valorize, through contrast, that philosophy. Only one theoretical breakthrough seems consistently to mobilize resistances, rejections and deafness: psychoanalysis—not as the "plague" allowed by Freud to implant itself in America as a "commerce in couches" but rather as that which, with Freud and after him, has led the psychoanalytic decentering of the speaking subject to the very foundations of language. It is this latter direction that I will be exploring here, with no other hope than to awaken the resistances and, perhaps, the attention of a concerned few, after the event .For I have the impression that the "professionalism" discussed throughout the "Politics of Interpretation" conference is never as strong as when professionals denounce it. In fact, the same preanalytic rationality unites them all, "conservatives" and "revolutionaries"—in all cases, jealous guardians of their academic "chairs" whose very existence, I am sure, is thrown into question and put into jeopardy by psychoanalytic discourse. I would therefore schematically summarize what is to follow in this way:1. There are political implications inherent in the act of interpretation itself, whatever meaning that interpretation bestows. What is the meaning, interest, and benefit of the interpretive position itself, a position from which I wish to give meaning to an enigma? To give a political meaning to something is perhaps only the ultimate consequence to he epistemological attitude which consists, simply, of the desire to give meaning. This attitude is not innocent but, rather, is rooted in the speaking subjects' need to reassure himself of his image and his identity faced with an object. Political interpretation is thus the apogee of the obsessive quest for A Meaning.2. The psychoanalytic intervention within Western knowledge has a fundamentally deceptive effect. Psychoanalysis, critical and dissolvent cuts through political illusions, fantasies, and beliefs to the extent that they consist in providing only one meaning, an uncriticizable ultimate Meaning, to human behavior. If such a situation can lead to despair within the polis, we must not forget that it is also a source of lucidity and ethics. The psychoanalytic intervention is, from this point of view, a counterweight, an antidote, to political discourse which, without it, is free to become our modern religion: the final explanation.3. The political interpretations of our century have produced two powerful and totalitarian results: fascism and Stalinism. Parallel to the socioeconomic reasons for these phenomena, there exists as well, another, more intrinsic reason: the simple desire to give a meaning to explain, to provide the answer, to interpret. In that context I will briefly discuss Louis Ferdinand Céline's texts insofar as the ideological interpretations given by him are an example of political delirium in avant-garde writing.Julia Kristeva,professor of linguistics at the University of Paris VII and a regular visiting professor at Columbia University, is the author of Desire in Language: A Semiotic Approach to Literature and Art and About Chinese Women.Margaret Waller, a doctoral candidate in French at Columbia University, is currently translating Kristeva's Revolution du langage poétique. (shrink)

This special issue includes seven articles that make significant contribution to the literature pertaining to knowledge and public policy around Free, Libre and Open Source Software (FLOSS). Focusing on questions in two themes (i) motivation and organization and (ii) public policy, the articles in this volume develop new analytic models and report on new empirical findings, as an important step in bridging the wide gap that exists in public policy literature around FLOSS. Warning against rhetorical pitfalls that have (...) been prevalent in FLOSS research, this introduction starts with a short history of FLOSS development, continues with a brief thematic literature review and review of the misconceptions surrounding FLOSS, and concludes with a first introduction of the articles that follow. (shrink)

This special issue includes seven articles that make significant contribution to the literature pertaining to knowledge and public policy around Free, Libre and Open Source Software (FLOSS). Focusing on questions in two themes (i) motivation and organization and (ii) public policy, the articles in this volume develop new analytic models and report on new empirical findings, as an important step in bridging the wide gap that exists in public policy literature around FLOSS. Warning against rhetorical pitfalls that have (...) been prevalent in FLOSS research, this introduction starts with a short history of FLOSS development, continues with a brief thematic literature review and review of the misconceptions surrounding FLOSS, and concludes with a first introduction of the articles that follow. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Treatise of the Three Impostors and the Problem of Enlightenment: A New Translation of the Traité des trois Imposteurs by Abraham AndersonJan W. WojcikAbraham Anderson. The Treatise of the Three Impostors and the Problem of Enlightenment: A New Translation of the Traité des trois Imposteurs. Lanham, MD: Rowman & Littlefield Publishers, 1997. Pp. xiv + 165. Cloth, $52.50. Paper, $21.95.This work results from a seminar, organized by (...) Richard H. Popkin, sponsored by the Foundation for Intellectual History, and held in Leiden in 1990, in which various [End Page 368] aspects of the history and significance of the Traité de trois Imposteurs were studied. As the title of the work indicates, it contains an English translation of the Traité. It also contains three short essays of commentary (the second of which is a modified version of Anderson’s contribution to the volume of essays which resulted from the Leiden seminar, Heterodoxy, Spinozism and Free Thought in Early Eighteenth Century Europe: Studies on the Traité des trois Imposteurs, edited by S. Berti, F. Charles-Daubert, and R. H. Popkin). There is a select bibliography, but no index.The Treatise consists of a critique of revelation (which is exposed as a fiction of the imagination), along with a discussion of the ways in which claims to revelation made by crafty politicians have enslaved humankind. It also includes scurrilous stories about three of the main alleged impostors: Moses, Jesus, and Mohammed, as well as a more philosophical discussion of God, the soul, and demons.The translation is of Pierre Rétat’s 1973 edition of the 1777 edition of the Traité. This edition was chosen out of a number of virtually identical editions because it is accompanied by three very brief documents related to the Treatise (“Sentiments Concerning the Treatise of the Three Impostors: Extract of a Letter or Dissertation of Mr. de La Monnoye on this Subject,” a “Response to the Dissertation of Mr. de La Monnoye,” and a “Copy of Article IX of the Second Part of the First Volume of the Mémoires de Littérature”). Anderson’s reasons for selecting this edition are sound. The accompanying documents are of interest in their own right; in addition, they are the focus of Anderson’s essays of commentary and are (as he claims) necessary for a proper understanding of the significance of the Treatise. Although earlier English translations exist (1844, reprinted 1846, reprinted 1904) they are either not readily available or are not reliable in that the manuscript original is not readily identifiable. Hence Anderson’s translation is a welcome addition to the literature for those (both specialists and nonspecialists) whose circumstances do not permit a study of the 1777 French edition.The first two essays of commentary concern political issues, as indicated by their inclusion in “Part I: The Politics of the Traité des trois Imposteurs.” In the first, entitled “On a Section of Prosper Marchand’s Private Catalogue,” Anderson refutes the claim made by Margaret C. Jacob in The Radical Enlightenment that a section of Prosper Marchand’s library catalogue shows that Marchand considered the Traité to be in the tradition of Protestant radicalism and republicanism. After a careful analysis of the works listed in this section of the catalogue, Anderson concludes that (with one exception) the books in this section constitute a bibliography of works that “either exemplify the uses of literary study for the defense of orthodoxy or belong to a literary tradition of the cynical study of those uses, or consist in a parody and public exposure of that cynical study” (81). In the second essay, “Sallengre, La Monnoye, and the Traité des trois Imposteurs,” Anderson argues that rather than being a work of radical propaganda, the Traité was part of a satirical campaign against the “conformist libertine intelligentia” (x) of Louis XIV—those who believed that the fact of imposture ought not become public knowledge because they believed that religion ought to serve to enforce the rights of monarchy.“Part 2: Philosophy in the Traité des trois Imposteurs” consists of a single essay, “Descartes the Impostor, Bayle, and the Hidden Origins of Enlightenment.” Here, Anderson explores puzzling aspects of the... (shrink)

The “free” in “free software” refers to a cluster of four specific freedoms identified by the Free Software Definition. The first freedom, termed “Freedom Zero,” intends to protect the right of the user to deploy software in whatever fashion, towards whatever end, he or she sees fit. But software may be used to achieve ethically questionable ends. This highlights a tension in the provision of software freedoms: while the definition explicitly forbids direct (...) restrictions on users’ freedoms, it does not address other means by which software may indirectly restrict freedoms. In particular, ethically-inflected debate has featured prominently in the discussion of restrictions on digital rights management and privacy-violating code in version 3 of the GPL (GPLv3). The discussion of this proposed language revealed the spectrum of ethical positions and valuations held by members of the free software community. In our analysis, we will provide arguments for upholding Freedom Zero; we embed the problem of possible uses of software in the broader context of the uses of scientific knowledge, and go on to argue that the provision of Freedom Zero mitigates against too great a moral burden—of anticipating possible uses of software—being placed on the programmer and that, most importantly, it facilitates deliberative discourse in the free software community. (shrink)

The variety and complexity of the eight papers in this Symposium issue are evidence that immigration is a tough nut to crack both as a matter of policy and application. There is no way that any short summary can do justice to these papers, which take a variety of moral, economic, historical, and empirical approaches to some of the recurrent issues in the field, so it is best in this short issue to try to situate the problem in a general (...) classical liberal context, to show where the pressure points are most likely to appear.The initial way to approach this problem is to start with the simple proposition that the world today is divided into national territories where the practical norm is well-nigh universal: That each sovereign state has exclusive control over its own territory, which, among other things, allows it to decide which individuals are members of that state. These citizens have privileges that may be exercised, no questions asked, on such key matters as entering labor markets, owning property, voting, and otherwise participating in political affairs. All these activities may be denied or granted, at will, to any and all outsiders by the territorial sovereign.No one doubts the need for having some form of territorial control. The need to have some monopoly of force could not be achieved if the entire world, with its infinite diversity of locations and populations, were under a single sovereign. Indeed, in many cases, the divisions within a given country may be so pronounced that separation rather than aggregation is the norm. Thus, at the end of the British Raj, India split into India and Pakistan, and later Pakistan split into Pakistan and Bangladesh. Less dramatically, Czechoslovakia split into two countries, the Czech Republic and Slovakia, while the former Yugoslavia split into five nations, starting from the northwest: Slovenia, Croatia, Bosnia and Herzegovina, Serbia, and Macedonia. Clearly, these ethic differences, be they large or small, are a major obstacle to the expansion of the size of the state. And today, the territorial instinct reasserts itself as the member states of the European Union impose more restrictions on immigration.Yet at the same time, the normative foundations of this system seem elusive. There is the following deep skepticism about the importance of these borders, expressed in these essays by Jeremy Waldron and Ilya Somin, that these national boundary lines should have such a pronounced role in political economy. Michael Blake pursues this theme further by asking the extent to which classical liberals can justify exclusion through the use of violence—or is it force? The inquiry into the dominant role of territoriality can then be expanded, as by Peter Margulies, to examine all sorts of negative externalities that could be created both by easy and strict rules of admission.Taken as a whole, there is no doubt that these national barriers are a serious obstacle to the free trade in goods and services between two individuals, one inside the boundary and one outside. The general view is that these barriers block the gains from trade, which is what drives economic progress, so that ideally all tariffs and quantitative restrictions should give way to a system of free trade in which petty objections by domestic competitors of foreign firms should not dictate local policies.It should, of course, be evident that powerful conflicting forces on free trade and protectionism ebb and flow over time. It should therefore come as no surprise that the stakes are even higher where what is at stake is the movement of people across national boundaries. The loss to any given country from keeping out potential citizens can be enormous, and we see powerful political forces clamp down on open immigration, so many of these gains from trade are lost. The situation can be even more heartbreaking when the ability to leave a country exposes innocent people to imprisonment or death.So what is the explanation for so many nations closing their borders? Much of the explanation comes from old-fashioned protectionism. Your computer programmers will take the jobs of our specialists. There is all sorts of occupational licensing and other barriers to entry within a domestic economy, so there is no reason to expect that these forces will not exert even greater influence against outsiders who do not, after all, have a voice in the local economy and who, therefore, as Alex Nowrasteh, Michael Howard, and Andrew Forrester observe, have little ability to influence domestic policy even after they enter a country. In addition, as Gabriel Chin discusses, strong racial prejudices also lead to exclusions from the domestic economy. Not only are there objections in, say, the United States and much of Western Europe, of exclusion on straight racial grounds, as exemplified by Chinese exclusion acts. The force of these exclusions are also subject to political change. Thus, the Immigration Act of 1924 (the Johnson-Reed Act) was part of a white supremacist program, which gave way two decades later to a very different legal regime with the Immigration Act of 1965, which put an end to the venerable system of national-origin quotas.Yet two other reasons for exclusion are constantly at issue. Immigrants not only bring in their labor but also their families, cultures, and traditions that, in public spaces, may clash with local norms and cultures on such elementary and critical matters as to whether women should dress modestly and wear head coverings. Will freewheeling Danes and Swedes feel comfortable if large numbers of Muslims continue their traditional practices with strong barriers between men and women? There are no obvious market mechanisms that will mitigate these issues, and the situation becomes even more fraught if there are large welfare or educational costs that fall, at least in the short run, on local citizens. These are compounded by the fact that immigrants will typically gain political rights that could easily skew the balance of political power between established and newly arrived ethnic groups by altering the outcome of national and local elections. And letting people in is not just done on a simple open-borders policy. Thus, in many countries, as Lance Pritchett discusses, there is the controversial option of letting foreigners in on short-term labor visas that require them to leave after a certain period. And there are further questions about whether people should be deported if they lied on their entry applications or committed some crime while in the new country, as has occurred in the United States. The numbers of cases can be high and their complexity great, so it is fair to ask, along with Jill Family, whether some self-conscious exceptions to the Administrative Procedure Act of 1946, analogous statutes elsewhere, should be regarded as part of the new normal.It is therefore necessary to deal with the thrust and counterthrust on all these issues. It is also fair to ask whether classical liberalism has a distinctive view on these issues, or whether the combination of private gains and multidirectional externalities gives rise to empirical questions that, as always, require further reflection, even when certain situations—the major influx of illegal immigrants on the US southern border—will generate such powerful emotions that detached intellectual inquiry is ever more difficult. We cannot answer these questions, and thus offer to you a set of essays that take a stab at these difficult topics. (shrink)