Translated excerpts from works by various authors; original titles and names of the translators given in captions.

On the face of it ‘deterministic chance’ is an oxymoron: either an event is chancy or deterministic, but not both. Nevertheless, the world is rife with events that seem to be exactly that: chancy and deterministic at once. Simple gambling devices like coins and dice are cases in point. On the one hand they are governed by deterministic laws – the laws of classical mechanics – and hence given the initial condition of, say, a coin toss it is determined whether (...) it will land heads or tails.2 On the other hand, we commonly assign probabilities to the different outcomes a coin toss, and doing so has proven successful in guiding our actions. The same dilemma also emerges in less mundane contexts. Classical statistical mechanics (which is still an important part of modern physics) assigns probabilities to the occurrence of certain events – for instance to the spreading of a gas that is originally confined to the left half of a container – but at the same time assumes that the relevant systems are deterministic. How can this apparent conflict be resolved? (shrink)

Consider a gas that is adiabatically isolated from its environment and confined to the left half of a container. Then remove the wall separating the two parts. The gas will immediately start spreading and soon be evenly distributed over the entire available space. The gas has approached equilibrium. Thermodynamics (TD) characterizes this process in terms of an increase of thermodynamic entropy, which attains its maximum value at equilibrium. The second law of thermodynamics captures the irreversibility of this process by positing (...) that in an isolated system such as the gas entropy cannot decrease. The aim of statistical mechanics (SM) is to explain the behavior of the gas and, in particular, its conformity with the second law in terms of the dynamical laws governing the individual molecules of which the gas is made up. In what follows these laws are assumed to be the ones of Hamiltonian classical mechanics. We should not, however, ask for an explanation of the second law literally construed. This law is a universal law and as such cannot be explained by a statistical theory. But this is not a problem because we.. (shrink)

The last decade and a half has seen an ardent development of self-organised criticality, a new approach to complex systems, which has become important in many domains of natural as well as social science, such as geology, biology, astronomy, and economics, to mention just a few. This has led many to adopt a generalist stance towards SOC, which is now repeatedly claimed to be a universal theory of complex behaviour. The aim of this paper is twofold. First, I provide a (...) brief and non-technical introduction to SOC. Second, I critically discuss the various bold claims that have been made in connection with it. Throughout, I will adopt a rather sober attitude and argue that some people have been too readily carried away by fancy contentions. My overall conclusion will be that none of these bold claims can be maintained. Nevertheless, stripped of exaggerated expectations and daring assertions, many SOC models are interesting vehicles for promising scientific research.Author Keywords: Self-organised criticality; Scaling law; Models; Formal analogy. (shrink)

У статті висвітлюються різні погляди на поняття справедливості. Зосереджується увага на неоднозначному тлумаченні цієї філософської категорії. Розглянуто процес реалізації принципів справедливості в різні історичні епохи. При цьому враховується характер політичних і суспільних устроїв. Сфокусовано погляд на основні принципи нових підходів до теоретичного осмислення і практичного втілення принципів справедливості на прикладі концепцій Платона, Арістотеля, Джона Ролза.

Als sozial und kulturell verfasstes Subjekt steht der Mensch in einem inneren Spannungsfeld zwischen Begehren und Gesetz. Seinen Wunschregungen sind Begrenzungen auferlegt, die stets Fragen der Ethik aufrufen. Die Beitrage dieses Buches untersuchen das Verhaltnis von Gesetz und Begehren in einer Reihe von Diskursfeldern, die untereinander in enger Beruhrung stehen: dem theologischen judischer und christlicher Pragung, dem (moral-)philosophischen und literarischen, schliesslich dem psychoanalytischen mit besonderer Gewichtung der Psychoanalyse Jacques Lacans.

In the philosophy of the Jesuits of this period one can distinguish philosophy connected with teaching, i.e. taught at schools led by the Jesuits, and Civic philosophy, not connected directly with teaching. This was mainly social, economic, and political philosophy, especially philosophy of the state, law and the like.

From a historical perspective the reflection of opposites is a creative strategy of coping with infinite regress. The lawfulness of law is only a particular version of the general paradox that occurs when a distinction is applied to itself. Common legal techniques of avoiding the paradox of self-reference amount to evacuating it or to building hierarchies. Modern strategies futurize the problem under the paradigms of autonomy and procedurality. With increasing complexity legal self-descriptions all the more cling to the ideals of (...) completeness, coherence, and accurate generalisation. However, one can retrace antinomical structures: The legal system is at the same time incomplete, caught in multiple binds, and inadequate from case to case due to highly selective concepts. The law keeps producing conflicts that again must be legally resolved. (shrink)

L. L. Fuller offers definitions of the essence of morals and the essence of law, taking them as the starting point for his theory which describes the relationships between these two normative spheres. Both law and morality are studied from the perspective of the natural law.

In the paper I ask the question about the relation between formal logic and the natural logic of human mind. By a natural logic I mean the ways of thinking of a person that is intelligent but untrained in formal logic. As it turns out that the laws, rules or properties of formal logic in some cases diverge from the natural ways of reasoning, I explain the causes of this divergence. Since the majority of research in this area has been (...) carried out from the standpoint of psychology, as a logician I suggest a slight change of the angle from which we look at the problem. I argue that certain narrowing of an interdisciplinary research would be helpful in getting a better picture of natural logic, and might provide a new stimulus for formal investigations. (shrink)

OBJECTIVE PREDICATION The author claims that there are two kinds of predicates that are used to describe cognitive states of mind like beliefs or perception. Using some of them, one can describe the cognitive states of mind directly, whereas using some others, one can describe these states in comparison with one’s own. For example, one can say that a person has a belief or one can say that that person’s belief is according to his own beliefs. In the latter situation, (...) he uses the predicate “to know”. The conditions that Peter uses correctly the sentence “John knows that p” are as follows: (1) Peter believes that John believes that p; (2) Peter believes that p; (3) Peter believes that the reasons for which John believes that p have a good justification. In a similar way one can ascribe to somebody a visual impression of an object x or to compare that person’s impressions with his own cognitive states. In the latter situation one uses the predicate “to see” (to perceive). The conditions that Peter uses correctly the sentence “John can see x” are the following: (I) Peter believes that John has visual impression of object x; (II) Peter believes that object x exists; (III) Peter believes that this that John has visual impression of object x is according to the laws of vision. When one uses predicates that describe cognitive states of mind of a person (possession of beliefs or sensory impressions), one speaks subjectively, whereas when one speaks objectively, he uses predicates that allow him to compare cognitive states of mind of a person with his own. Keywords: PREDICATION, BELIEFS, PERCEPTION. (shrink)

This article outlines a discursive framework for understanding public policy uses in different narrative contexts. The framework describes a definition of the term «discourse,» its historic and intuitionally related nature, and how descriptions of «state» and «policy» transforms into legal, political science, managerial, and «public/state policy» discursive practices. The author postu- lates that the discourse of public policy is a place of a «clash of rationalities» in the industry. Because of this, the SS concludes that the essence of public policy, (...) its perception, understanding, and reaction to it are determined by the dominance of certain institutional discourses and the dominance of their bearers: «political scientists», human rights defenders, lawyers, managers and their ideas about the nature of the state and its «politics». The dominant discourses have the na- ture of uncritical extrapolations, or transfers of certain rationality inherent in one area to another, qualitatively different from it. The consequence of such an expansion of rationality from one sphere to another is the «inadequacy» of the discourse. It then discusses a comparative explica- tion of fundamentals, which constitute the narrative practices of each discourse. Furthermore, it proposed an explanation of the subject specifics of «public policy» as an area centered around «problems,» «options,» «impacts,» and «interests / stakes,» and then traces the significant distor- tions and contortions of this topic in the semantic horizons of related discourses. The article focuses on the rising issues of public policy, depending on the specifics of the discourse — whether «political», «legal,» or «managerial». For example, «political science» discourse emphasizes the problems of the consequences of one of the dimensions of influence for the interests of different parts of society; «Legal» discourse focuses on one group of instruments of influence (norms); «Managerial» discourse draws attention to a separate stage of implementation of already estab- lished public policy. Finally, this paper indicates the dominance of such discourses and their dependency on the historical context of contemporary Ukraine. (shrink)

Medical communication in Western-oriented countries is dominated by concepts of shared decision-making and patient autonomy. In interactions with Roma patients, these behavioral patterns rarely seem to be achieved because the culture and ethnicity have often been shown as barriers in establishing an effective and satisfying doctor–patient relationship. The study aims to explore the Roma’s beliefs and experiences related to autonomy and decision-making process in the case of a disease with poor prognosis. Forty-eight Roma people from two Romanian counties participated in (...) semi-structured interviews, conducted by a research team from the University of Medicine and Pharmacy of Iasi. Participants were recruited among the chronically ill patients and caregivers. The Roma community opposes informing the terminal patients about their condition, the “silence conspiracy” being widely practiced. The family fully undertakes the right of decision making, thus minimizing the patient’s autonomy. We identified ethical dilemmas concerning autonomy, lack of patients’ real decision-making power, and paternalistic attitudes exerted firstly by the family and, on demand, by the physician. Instead, the Roma patient benefits from a very active support network, being accompanied at the hospital by numerous relatives. The patient’s right to make autonomous decisions promoted in the Western countries and stipulated by the Romanian law has diminished value in the Roma community. For the Roma, the understanding of dignity is not simply individual and personal, but it is closely related to their cultural particularities. Ignoring their cultural values could create conflicts between healthcare providers and community. (shrink)

Surrogacy is a type of medically assisted reproduction (MAR), which is considered to be a relatively simple medical procedure. However, psychosocially, ethically and legally, it is extremely complicated. There has been a significant increase in interest in the procedure lately. This is largely due to the fact that it is now available to groups of applicants other than traditional heterosexual couples of reproductive age. Its purpose is to examine various approaches to determining what is legally acceptable as parenthood after surrogacy. (...) Our conclusion is that the wishes and rights of the individual actors (intended parent(s), surrogate mother, future child, gamete donors and society as a whole) are incompatible and contradictory. None of the probable solutions suggested from different perspectives can ensure that the wishes and rights of all are fulfilled at the same time. (shrink)

For decades, the dominant research paradigm has included trials conducted in clinical settings with little involvement from communities. The move toward community engaged research (CEnR) necessitates the inclusion of diverse perspectives to address complex problems. Using a relationship paradigm, CEnR reframes the context, considerations, practical steps, and outcomes of research.

For decades, the dominant research paradigm has included trials conducted in clinical settings with little involvement from communities. However, concerns about the relevance and applicability of the processes or outcomes of such research have led to calls for greater community engagement in the research process. As such, there has been a shift in emphasis from simply recruiting research participants from community settings to engaging community members more broadly in all aspects of the research process. The move toward community engaged research (...) is in part driven by the recognition that inclusion of diverse perspectives in multidisciplinary teams is essential to addressing complex problems. Investigators have come to recognize the inherent value of engaging community members as collaborators in multidisciplinary teams that are conducting research on issues of concern to communities. The insider perspective from community members is now recognized as essential in designing effective and well-received recruitment strategies, culturally appropriate measures, and identifying meaningful and broad-reaching venues for dissemination. (shrink)

This article presents a view of bioethics in the Spanish context. We may identify several features common to Mediterranean countries because of their relatively similar social organisation. Each country has its own distinguishing features but we would point two aspects which are of particular interest¨: the Mediterranean view of autonomy and the importance of Catholicism in Mediterranean culture. The Spanish experience on bioethics field has been marked by these elements, trying to build a civic ethics alternative, with the law as (...) an important support. So, Spanish bioethics has been developed in two parallel levels: in the academic and policy maker field (University and Parliament) and in clinical practice (hospitals and healthcare ethics committees), with different paces and methods. One of the most important changes in the paternalistic mentality has been promoted through the recognition by law of the patient’s rights and also through the new generation of citizens, clearly aware on the exercise of autonomy. Now, the healthcare professionals have a new challenge: adapt their practice to this new paradigm. (shrink)

This work analyzes and characterizes the spread of the COVID-19 disease in Mexico, using complex networks and optimization approaches. Specifically, we present two methodologies based on the principle of the rupture for the GC and Newton's law of motion to quantify the robustness and identify the Mexican municipalities whose population causes a fast spread of the SARS-CoV-2 virus. Specifically, the first methodology is based on several characteristics of the original version of the Vertex Separator Problem, and the second is based (...) on a new mathematical model. By solving VSP, we can find nodes that cause the rupture of the giant component. On the other hand, solving the NLM can find more influential nodes for the entire system’s development. Specifically, we present an analysis using a coupled social network model with information about the main characteristics of the contagion and deaths caused by COVID-19 in Mexico for 19 months. This work aims to show through the approach of complex networks how the spread of the disease behaves, and, thus, researchers from other areas can delve into the characteristics that cause this behavior. (shrink)

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview (...) of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition. (shrink)

Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition (...) and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe. (shrink)

W. W. Buckland's highly regarded magisterial work of 1908 is a scholarly and thorough description of the principles of the Roman law with regard to slavery. Chapters systematically address, in Buckland's words, 'the most characteristic part of the most characteristic intellectual product of Rome'. In minute detail, Buckland surveys slaves and the complexity of the position of the slave in Roman law, describing how slaves are treated both as animals and as free men. He begins by outlining the (...) definition of 'slave', their characteristics and conditions, giving examples of particular cases and describing for the reader the sorts of work a Roman slave might do. Carefully and comprehensively referenced throughout, this is a general survey of an important aspect of Roman law by a renowned Cambridge academic, which retains its status as an enduring classic. (shrink)

This article, drawing on Marsilius of Padua's Defensor Pacis, discusses Marsilius's theory of dominium, situating that theory within the context of the debate with Pope John XXII and William of Ockham. The author also reintroduces the long unsettled question of the extent of Marsilius's legal knowledge and training. The article closes by calling for a more sustained investigation of Marsilius's knowledge of Roman law, and of his relation to the poverty controversy and especially Ockham.

The consilia which will be examined here were written in the vicinity of the papal Rota at Avignon by Oldradus da Ponte. Educated at Bologna, he appears to have arrived at the Lateran in the entourage of Peter Colonna just before the Colonna fled from the wrath of Boniface VIII, and after a short spell as assessor for the Capitano del Popolo at Bologna and then as a teacher at Padua, to have migrated to Avignon where he was still active (...) in 1337. Initially, Oldradus' consilium 69 will be examined on the assumption that even a document which has long been described as �famous�, �important�, �celebrated� and �interesting�, will reward reconsideration. It will be argued that Oldradus did in fact sound a discordant note which failed to harmonizewith what has been presented as a contemporary consensus, namely that Justinian's legislation ought to be treated with a �veneration similar to that accorded to Holy Scripture�. This will be followed by a broader analysis of the deployment and nature of biblical and other extra-legal authorities in his consilia. An epilogue examines the wider significance of Oldradus' consilia. (shrink)

Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be (...) apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to (...) a foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

In this paper I reconsider the Roman law on magic through an examination of three key “moments”: the Lex Cornelia de sicariis et veneficiis; the trial of Apuleius as known from his Apology; and a passage from The Opinions of Paulus. I argue that the Roman law on magic grounded in the Lex Cornelia gradually shifted from a focus on harmful and uncanny actions to a concern with religious deviance. This shift was already underway at the time of (...) Apuleius' trial, if only on an ad hoc basis, and was firmly established in the formal discourse of Roman law by ca. 300 CE, the date of The Opinions of Paulus. I argue for the importance of retaining “magic” as a heuristic category, since it is the only term fluid enough to function as an inclusive rubric for this shifting set of concerns. (shrink)