A traditional argument based on Leibniz’s Law concludes that, for example, a statue and the piece of marble of which it is made are two different objects. This is because they have different properties: the statue can survive the loss of some of its parts but the piece of marble cannot. Lynne Rudder Baker adds that the piece of marble constitutes the statue. In this paper I focus on what I think is the most powerful objection to Baker’s account of (...) the constitution relation, which has to do with her notion of circumstances. I present the objection following Derk Pereboom’s formulation and, afterwards, I analyse Baker’s answers to the criticism. I conclude that they make her overall project less attractive. Finally, I propose a new answer to the criticism. This will suppose a new formulation of the constitution relation, albeit done in the spirit of Baker’s account. (shrink)

Sam signaled a turn by extending his arm out the window. Difficulties in explaining the asymmetry of the by-relation in such examples by reference to acceptable and unacceptable counterfactual conditionals are explored by Hugh McCann in "The Trouble with Level-Generation" ("Mind", October 1982). I refine and defend the following alternative account of one-way dependence of y on x: not only is x necessary for y, but something else, independent from x, is also necessary for y; but there is (...) nothing independent from y such that it and y are each necessary for x. (shrink)

This dissertation intends to contribute to the discussion about the asymmetry W. V. Quine sees between indeterminacy of translation and underdetermination of theory. Quine often formulates the asymmetry by saying that there is a fact of the matter to physics but none to translation. The first chapters of the dissertation constitute an attempt of clarification of that notion of fact of the matter. They contain an analysis of the relations between Quine's notion of fact of the matter, his (...) physicalism, and his conception of truth. The main conclusion of those chapters is that the notion of fact of the matter is physicalistic, which means that it is what, according to Quine, embodied the nature of extralinguistic reality that determines truth. The next chapters contain an analysis of Quine's indeterminacy of translation thesis and underdetermination of theory. The main conclusions of those chapters are the following: indeterminacy of translation is an ontological thesis, and its content has not changed through Quine's writings, although the formulations of the thesis have varied; Quine's definitive arguments for indeterminacy of translation are not to be found in his physicalism, but in his behaviorism; underdetermination of theory is a methodological doctrine, for it concerns the evidential link between observation and theory; there is an asymmetry between indeterminacy of translation and underdetermination of theory. The remaining chapters of the dissertation constitute a review of the main texts by other authors addressing Quine's claim that there is an asymmetry between indeterminacy of translation and underdetermination of theory. The positions of Noam Chomsky, Richard Rorty, and Micheal Friedman are analyzed and criticized. The positions of Dagfinn Follesdal and Roger Gibson have appeared to our lights as the ones that should be taken most seriously. Follesdal is the one who seems to have accomplished the last progresses in the discussion over the asymmetry between underdetermination of theory and indeterminacy of translation by distinguishing clearly Quine's epistemological arguments for indeterminacy of translation thesis from the ontological content of that thesis. (shrink)

In this article I explore love's relation to gendered power asymmetries by comparing Anna Jónasdóttir's, Jessica Benjamin's and Teresa Brennan's respective theorizations of this theme. Despite the considerable differences between these feminist frameworks, they can all be read in terms of what I call the figure of the Dominant and its Constitutive Other. This refers to the contradictory relation whereby the powerful and ‘independent’ existence of the one is premised on that which is other to it, as well (...) as on the denial and obscuring of this constitutive dependence. Via a dialogue with critical realist and metaReal themes I move from a concern with how the feminine ‘Other’ tacitly constitutes the masculine Dominant through practices of love, to thematizing the basic stratum of being as the constitutive Other of the oppressive economy of love. The structure of the self emerges as a central organizing principle in the oppressive relations considered, and the article explores what might be a non-violent mode.. (shrink)

Background In the course of the last four decades, the profession of physiotherapy has progressively expanded its scope of responsibility and its focus on professional autonomy and evidence-based clinical practice. To preserve professional autonomy, it is crucial for the physiotherapy profession to meet society's expectations and demands of professional competence as well as ethical competence. Since it is becoming increasingly popular to choose a carrier in private practice in Denmark this context constitutes the frame of this study. Physiotherapy in private (...) practice involves mainly a meeting between two partners: the physiotherapist and the patient. In the meeting, power asymmetry between the two partners is a condition that the physiotherapist has to handle. The aim of this study was to explore whether ethical issues rise during the first physiotherapy session discussed from the perspective of the physiotherapists in private practice. Methods A qualitative approach was chosen and semi-structured interviews with 21 physiotherapists were carried out twice and analysed by using a phenomenological framework. Results Four descriptive themes emerged: general reflections on ethics in physiotherapy; the importance of the first physiotherapy session; the influence of the clinical environment on the first session and; reflections and actions upon beneficence towards the patient within the first session. The results show that the first session and the clinical context in private practice are essential from an ethical perspective. Conclusions Ethical issues do occur within the first session, the consciousness about ethical issues differs in Danish physiotherapy private practice, and reflections and acts are to a lesser extent based on awareness of ethical theories, principles and ethical guidelines. Beneficence towards the patient is a fundamental aspect of the physiotherapists' understanding of the first session. However, if the physiotherapist lacks a deeper ethical awareness, the physiotherapist may reason and/or act ethically to a varying extent: only an ethically conscious physiotherapist will know when he or she reflects and acts ethically. Further exploration of ethical issues in private practice is recommendable, and as management policy is deeply embedded within the Danish public sector there are reasons to explore public contexts of physiotherapy as well. (shrink)

Modal constitution theory is one of the most influential solutions to the paradoxes of coincidence, and the problem of personal identity. It rests on three fundamental premises: common-sense objects exist; sometimes objects coincide in space; the coincidence of objects in space requires explanation. In this article, the author offers a critique of the modal theory of constitution. First, the definition of the constitution is examined and a new argument is offered that modal theory either does not provide (...) asymmetry of the constitution or leads to an infinite series of constitutive objects, unsatisfactorily extending ontology. Also, the author demonstrates that possible additions to the constitutive definition, which can make the definition sufficient for asymmetric relation, lead to additional theoretical difficulties, leading to the logical impossibility of constitution relation. Second, the author demonstrates that the theory of constitution offers an unsatisfactory theory of identity because it faces three problems: the overpopulation problem, the epistemic problem, and the personal problem. All of these considerations lead the author to conclude that modal constitution theory is not metaphysically satisfactory. (shrink)

Is the common cause principle merely one of a set of useful heuristics for discovering causal relations, or is it rather a piece of heavy duty metaphysics, capable of grounding the direction of causation itself? Since the principle was introduced in Reichenbach’s groundbreaking work The Direction of Time (1956), there have been a series of attempts to pursue the latter program—to take the probabilistic relationships constitutive of the principle of the common cause and use them to ground the direction of (...) causation. These attempts have not all explicitly appealed to the principle as originally formulated; it has also appeared in the guise of independence conditions, counterfactual overdetermination, and, in the causal modelling literature, as the causal markov condition. In this paper, I identify a set of difficulties for grounding the asymmetry of causation on the principle and its descendents. The first difficulty, concerning what I call the vertical placement of causation, consists of a tension between considerations that drive towards the macroscopic scale, and considerations that drive towards the microscopic scale—the worry is that these considerations cannot both be comfortably accommodated. The second difficulty consists of a novel potential counterexample to the principle based on the familiar Einstein Podolsky Rosen (EPR) correlations in quantum mechanics. (shrink)

Background: In the course of the last four decades, the profession of physiotherapy has progressively expanded its scope of responsibility and its focus on professional autonomy and evidence-based clinical practice. To preserve professional autonomy, it is crucial for the physiotherapy profession to meet society's expectations and demands of professional competence as well as ethical competence. Since it is becoming increasingly popular to choose a carrier in private practice in Denmark this context constitutes the frame of this study. Physiotherapy in private (...) practice involves mainly a meeting between two partners: the physiotherapist and the patient. In the meeting, power asymmetry between the two partners is a condition that the physiotherapist has to handle. The aim of this study was to explore whether ethical issues rise during the first physiotherapy session discussed from the perspective of the physiotherapists in private practice. Methods: A qualitative approach was chosen and semi-structured interviews with 21 physiotherapists were carried out twice and analysed by using a phenomenological framework. Results: Four descriptive themes emerged: general reflections on ethics in physiotherapy; the importance of the first physiotherapy session; the influence of the clinical environment on the first session and; reflections and actions upon beneficence towards the patient within the first session. The results show that the first session and the clinical context in private practice are essential from an ethical perspective. Conclusions: Ethical issues do occur within the first session, the consciousness about ethical issues differs in Danish physiotherapy private practice, and reflections and acts are to a lesser extent based on awareness of ethical theories, principles and ethical guidelines. Beneficence towards the patient is a fundamental aspect of the physiotherapists' understanding of the first session. However, if the physiotherapist lacks a deeper ethical awareness, the physiotherapist may reason and/or act ethically to a varying extent: only an ethically conscious physiotherapist will know when he or she reflects and acts ethically. Further exploration of ethical issues in private practice is recommendable, and as management policy is deeply embedded within the Danish public sector there are reasons to explore public contexts of physiotherapy as well. (shrink)

The paper is a critical survey of the last ten years of research on the principles of legitimacy of constitutional democracy and their application in practice in Europe and North America. A constitutional democracy is legitimate if it meets the test of two principles: the principles of democracy or popular sovereignty and of constitutionalism or the rule of law. There are three contemporary trends which tend to conflict with the principle of democracy and thus diminish democratic freedom. There are three (...) responses to the lack of legitimacy of these three trends. The first is to downplay the principle of democracy in order to endorse the three trends. The second is to uphold the principle of democracy, in the form of deliberative constitutional democracy, in order to criticise aspects of the three trends and to call for further democratisation. The third trend deepens this critical response by tying the test of democratic legitimacy more closely to case studies of attempts by citizens to exercise their democratic freedom. (shrink)

Aiming to raise a human being in line with Allah's will, the sufi people applied to the Qur’an at every stage and gave it the necessary value. In order to benefit from the Qur'an much more, they did not neglect to explain it in line with their own perspectives and experiences, and they wrote many valuable isharī tafsir. In this context, they evaluated some practices and manners of sufism on the axis of the Qur'an and interpreted the relevant verses in (...) this direction. Parables, orders and prohibitions, advices, especially anecdotes, constituted the starting point of the practices in question. One of them is known as the Moses-Khidr story. These are the verses in the chapter of al-Kahf in which the journey of Moses in order to learn knowledge from Khidr and the events that happened to him are told. Within the framework of sufi etiquette, this story inspired the sufis. They tend to read and understand the anecdote in terms of sufi etiquette. We believe that it is a healthier approach to read this tendency as an effort to carry outnoble as much as possible, rather than evaluating it as forcing meanings from the verses. (shrink)

Strong dispositional monism, the position that all fundamental physical properties consist in dispositional relations to other properties, is naturally construed as property structuralism. J. Lowe’s circularity/regress objection constitutes a serious challenge to SDM that questions the possibility of a purely relational determination of all property essences. The supervenience thesis of A. Bird’s graph-theoretic asymmetry reply to CRO can be rigorously proved. Yet the reply fails metaphysically, because it reveals neither a metaphysical determination of identities on a purely relational basis (...) nor a determination specifically of identities in the sense of essences. Asymmetry is thus not by itself sufficient for a solution to CRO. But it cannot even help to answer CRO when a model for the determination of essences is taken as a basis. Nor is asymmetry necessary for a reply, as property structures may well be symmetric. A metaphysics of dispositional properties as grounded in a purely relational structure faces serious obstacles, and the properties would not be fundamental. Since essence and grounding are notions of metaphysical priority, there can be no essentially dispositional metaphysically fundamental properties, and the prospects of a “coherentist” metaphysics of basic properties are dim. A modal retreat that refrains from a post-modal conception of essence and simply claims that fundamental properties play dispositional roles by metaphysical necessity is unsatisfactory. (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation and the (...) calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of public interest. (...) The doctrine of concept of public interest was formed by the resolutions of the Lithuanian Constitutional Court adopted on 16 January and 21 September 2006. That concept was quite confusing and could be interpreted widely as well as narrowly (such as protection of special key values in the Constitution). This paper analyses the manner in which the doctrine of the Constitutional Court has been implemented in the law of civil procedure. In addition, the article analyzes the history of the amendments in the Code of Civil Procedure relating to the protection of public interest. The author presents a situation proposed to the Working Group that prepared the draft amendments to the Code of Civil Procedure, and compares the proposals with the effective version of the Code of Civil Procedure. The same article analyses the way that the effective version of the Code of Civil Procedure forces to the protection of the public interest doctrine of the Constitutional Court. The author concludes that the current system is conducive to abuses when the state can envisage the existence of public interest in every dispute and intervene in its investigation. In addition, the court is transformed into an entity liable to defend public interest, while it should be an independent and impartial entity to administer justice. Let us hope that in judicial practice the concept of public interest will be interpreted very narrowly and the Code of Civil Procedure provides the right to collect evidence or apply interim protection measures and etc. will be seen as a political mistake and generally will not be applied (except when it comes to non dispositive cases). (shrink)

Transformation of the Constitutional System of the Slovak Republic Purpose of the article is to analyze the Constitutional Act No. 356/2011 Z. Coll. amending the Constitution of the Slovak Republic in terms of its compatibility of the constitutional system of the Slovak Republic. The article analyzes the potential impact of amendment to the Constitution of the Slovak Republic on the Parliamentary form of the government of the Slovak Republic and examine the consistency of Art. 115 Para 3 of (...) the Constitution of the Slovak Republic with another provisions that relate to it. The purpose of the article is to identify some problems that brought amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3 and points out its incompatibility with the constitutional text. This article also discusses a possible shift in the parliamentary constitutional system of the Slovak Republic which the Constitutional Act brought.Methodology/methods used in the article is the analysis of the Constitutional Act No. 356/2011coll. by induction from the concrete wording of Art. 115 Para 3 of the Constitution of the Slovak Republic to the conclusions in relation to the entire text of the Constitution of the Slovak Republic and to the whole constitutional system of the Slovak Republic Scientific aim is to point to the shortcomings of the Constitutional Act No. 356/2011 Z. Coll., not only from the perspective of constitutional interpretation, but potentially also in terms of practice and also show the wrong trend of breaking the internal unity and coherence of the constitutional system of the Slovak Republic by half-baked changes to the text of the Constitution of the Slovak Republic Findings are specific and severe systemic disorders that brought the amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3. The Article identifies three concrete problems and the subsequent practice may bring some other issues that were not known at the time of processing of this Article Conclusions are directed to the fact, that the Constitutional Act No. 356/2011 Coll. means internal disturbance of the constitutional system of the Slovak Republic, brings more problems than constructive solutions and potentially deflects the parliamentary constitutional system of the Slovak Republic to the semi-presidential. (shrink)

In his newly updated version of The Anatomy of a Constitutional Law Case, Alan F. Westin provides a documentary portrait of historically important constitutional law case, 'Youngstown Sheet & Tube Co. v. Sawyer, ' from its rise in a bargaining dispute in the steel industry during 1952 to the aftermath of its decision by the United States Supreme Court. Westin has added to his classic book additional materials and personal commentaries collected since the work was first published. The new information (...) covers what went on within the Truman administration, what went on within the Supreme Court when analyzing and resolving issues that come before it. Westin includes selections from transcripts, briefs and other official proceedings, adds notes describing each phase of the constitutional process, and a section of commentary and questions relating this case to others. (shrink)

The scale and asymmetry of commercial technology firms’ power over people through data, combined with the increasing involvement of the private sector in public governance, means that increasingly, people do not have the ability to opt out of engaging with technology firms. At the same time, those firms are increasingly intervening on the population level in ways that have implications for social and political life. This creates the potential for power relations of domination, and demands that we decide what (...) constitutes the legitimacy to act on the public. Business ethics and private law are not designed to answer these questions, which are primarily political. If people have lost the right to disengage with commercial technologies, we may need to hold the companies that offer them to the same standards to which we hold the public sector. This paper first defines the problem and demonstrates that it is significant and widespread, and then argues for the development of an overarching normative framework for what constitutes non-domination with regard to digital technologies. Such a framework must involve a nuanced idea of political power and accountability that can respond not only to the legality of corporate behaviour, but to its legitimacy. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous (...) private individuals. Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

The paper reviews Balashov’s Asymmetry Thesis concerning co-existing (point-sized) enduring objects, on the one hand, and perduring ones, on the other. In this regard, it becomes crucial to investigate whether, at a given spacetime point p, it is located only the respective temporal part of a perdur- ing whole, or that whole as well. Two alternatives ought to be distinguished and, then, I will argue as follows: If the perduring whole is located where its parts are, the original (...) class='Hi'>asymmetry- thesis has to be rejected. If, however, the perduring whole is not located where its parts are, the spatiotemporal locations of the parts can no longer be used to ground the co-existence relation. But, with the modified co-existence relation the asymmetry between perdurantism and endurantism turns out to be even much stronger than it has been assumed. (shrink)

also as a theory of interpretation, and extending it with a bidirectional pragmatic component that is closely related to existing ideas about natural language interpretation. The paper argues for the priority of the direction from content to form, develops the..

State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external right to rule (...) affords it protections that include and go beyond what its internal right to rule enables it to do. This asymmetrical view, I argue, is preferable to its two main rivals: the view that a state’s internal and external legitimacy are separate issues, and the view that internal and external legitimacy are mirroring. (shrink)

A certain type of counterfactual is thought to be intimately related to causation, control, and explanation. The time asymmetry of these phenomena therefore plausibly arises from a time asymmetry of counterfactual dependence. But why is counterfactual dependence time asymmetric? The most influential account of the time asymmetry of counterfactual dependence is David Albert’s account, which posits a new, time-asymmetric fundamental physical law, the so-called “past hypothesis.” Albert argues that the time asymmetry of counterfactual dependence arises from (...) holding fixed the past hypothesis when evaluating counterfactuals. In this paper, I argue that Albert’s account misconstrues the time asymmetry of counterfactual dependence. (shrink)

There are various puzzles that set our intuitions about composition and identity against one another. Four that are particularly well known are the Growing Argument, the Ship of Theseus Puzzle, the Body-minus Argument, and Allan Gibbard’s puzzle about Lumpl and Goliath. Such puzzles have received a great deal of attention in the literature over the past thirty years, and there is an impressive and growing variety of solutions available for each of them. Surprisingly, however, no one has really discussed how (...) all of the different puzzles, and their solutions, are interrelated. On the surface, they seem to raise different problems; but clearly the puzzles are related somehow. They raise similar questions and generate similar sets of possible solutions. But, as yet, nothing has been said about how far the similarities extend. (shrink)

The ethical challenge is squarely focused on the question of what is owed to participants of vaccine trials who happen to become infected during the course of the trial. Not surprisingly, given the prominence of HIV/AIDS in many parts of the developing world, HIV vaccine trials have become the focal point of this debate. It is worth noting from the outset, however, that the same arguments that apply to HIV vaccines would apply to any number of microbicide trials aimed at (...) protecting women against a large variety of sexually transmitted illnesses.1 One of the controversial questions in this debate has been the issue of whether or not an infection acquired by vaccine trial participants during the course of the trial can reasonably be considered a trial related injury that ought to be subject to compensation (in the form of access to good quality AIDS treatments, including antiretrovirals). (shrink)

Gender imbalances persist throughout the world, particularly at leadership level, and equally also visible in the case of trade unions. This article focuses on CGTP-IN, the largest Portuguese trade union confederation, and sets out analysis incorporating both figures from this organisation and accounts by female members of CGTP-IN unions. Results confirm the existence of gender asymmetries, especially at the highest leadership levels. Analysis of the discourses of these women leaders reveals some awareness of the influence of gender on professional relations, (...) placing women at a disadvantage, especially where leadership is concerned. Furthermore, four reasons driving the persistence of these gender asymmetries in trade union leadership/decision-making roles were identified: family responsibilities, gendered professional segregation, masculine trade union cultures and traditional gender stereotypes. Nevertheless, the interviewees resist to means of affirmative action such as gender quotas, and instead prefer to prioritise education and raising awareness around gender equality. (shrink)

I defend the claim that in psychological theories concerned with theoretical or practical rationality there is a constitutive relation between normative and descriptive theories: Normative theories provide idealized descriptive accounts of rational agents. However, we need to resist the temptation to collapse descriptive theories with any specific normative theory. I show how a partial separation is possible.

The most developed and the latest-to-mature mental skills represented in the creation of mono- versus polysemantic contexts are related respectively to the left and right frontal lobe. A polysemantic way of thinking is responsible for the subject's successful integration in the polydimensional world. The functional insufficiency of this right-hemispheric way of thinking displays a predisposition toward the development of mental disorders, including schizophrenia.

The recent #metoo movement has turned public attention to the problem of sex under conditions of power inequality. Is consent impaired, when you have plenty to lose (e.g. a great professional opportunity) from saying “no” to a sexual advance? And even if consent is valid, is this a morally acceptable situation, especially if one party is aware that their position of relative power will influence the other’s decision to have sex? Such situations bring to the fore not only the issues (...) of coerced sex and quid pro quo harassment (asking for sex in exchange for benefits), but the much more controversial question of whether sex between unequal but otherwise competent consenting adult partners is in principle OK—and whether institutions such as companies, universities, or the state itself should be in the business of regulating such relations. In what follows, I will outline the central concept of power asymmetry and its ethical relevance (section 2). I will then distinguish two main views about the ethics of sexual interaction under conditions of power asymmetry: a Kantian view, which categorically condemns such interactions, and a Millian view, which justifies at least some such interactions (section 3). I then briefly consider three contexts, which raise difficult questions about sex between unequals: the workplace, the university (section 4), and voluntary prostitution (section 5). Section 6 provides a short conclusion. (shrink)

Inter-ethnic relations between Albanians and Macedonians in Macedonia have been rather problematic since the times of former Yugoslavia. After independence, the new constitution of the Republic of Macedonia instead of improving it has further downgraded the position of Albanians and other minorities living in the country. The non-fulfilment of Albanians’ core demands led to an armed conflict in 2001. The Ohrid Agreement has in addition to ending the armed conflict, also provided for a range of legislative and policy measures (...) to improve the position of the Albanians by ensuring equality and minority protection. However, 16 years after the Ohrid Agreement, inter-ethnic relations in Macedonia still remain burdened by prejudice and stereotypes, rather than cooperation and mutual prosperity. The main aim of the paper is to analyse the state of inter-ethnic relations in Macedonia, with special focus on relations between ethnic Macedonians and ethnic Albanians. The paper also offers an analysis of main factors that contribute to inter-ethnic tensions in the country and explores possible scenarios in the future. The most relevant part of the paper analyses the causality between inter-ethnic and interstate relations. The paper claims that similarly to most of the countries in the Western Balkans, inter-ethnic and interstate relations are basically the components of the same equation. The paper concludes that in Macedonia, Kosovo rather than Albania is much more relevant for the causality between inter-ethnic and interstate relations in Macedonia, and it also offers several reasons to support such thesis. Accordingly, the overall inter-ethnic relations between Macedonians and Albanians in Macedonia heavily depend on inter-state relations between Macedonia and Kosovo and vice versa. (shrink)

This paper argues that professionals who make boundary-related decisions should be guided by relationship-based practice. In our roles as service users and professionals, drawing from our lived experiences of professional relationships, we argue we need to move away from distance-based practice. This includes understanding the boundary stories and narratives that exist for all of us – including the people we support, other professionals, as well as the organisations and systems within which we work. When we are dealing with professional boundary (...) issues, we should centre relationship-building skills that are central to many other aspects of our work. Skills that foster relationships at all levels – between professionals, service users, and services – need to be revalued. Our final recommendation is to create, develop, and foster safer spaces within and outside of organisations, as well as inter-professionally, for the discussion and exploration of boundary-related issues and practice. We are interested in hearing from those with experiences of being marginalised by boundaries so that they can inform a reshaping of our collective ideas around boundary related practices. To foster relationship-based practices in organisations, we have outlined several recommendations here; however, we recognize that these do not go far enough, and that collective action is needed to inform systemic change. (shrink)

Habermas proposes a new solution to the problematic relation between republican values and democracy. He asserts that a new model of social cohesion is needed and he suggests that the sense of community in a democratic society should be founded exclusively on the acceptance and support of a system of constitutionally established rules which are the logical result of the historical evolution of constitution-making. He argues that an account of the constitutional process which led to the formation of (...) the modern republican state should provide the criteria for a rational set of norms which will exclude nationalism from the political arena. In this article, I point out the democratic hazards and the internal incoherence of Habermass alternative to the national state and I argue that a theoretical substitute should consider the existence of national identities as one of the aspects of modern pluralistic society. (shrink)

In this conceptual paper, the traditional conceptualization of sustainable entrepreneurship is challenged because of a fundamental tension between processes involved in sustainable development and processes involved in entrepreneurship: the concept of sustainable business models contains a paradox, because sustainability involves the reduction of information asymmetries, whereas entrepreneurship involves enhanced and secured levels of information asymmetries. We therefore propose a new and integrated theory of sustainable entrepreneurship that overcomes this paradox. The basic argument is that environmental problems have to be conceptualized (...) as wicked problems or sustainability-related ecosystem failures. Because all actors involved in the entrepreneurial process are characterized by their epistemic insufficiency regarding the solving of these problems, the role of information in the sustainable entrepreneurial process changes. On the one hand, the reduction of information asymmetries primarily aims to enable actors to become critical of sustainable entrepreneurs’ actual business models. On the other hand, the epistemic insufficiency of sustainable entrepreneurs guarantees that information asymmetries remain as a source of new sustainable business opportunities. Three further characteristics of sustainable entrepreneurs are distinguished: sustainability and entrepreneurship-related risk-taking; sustainability and entrepreneurship-related self-efficacy; and the development of satisficing and open-ended solutions, together with multiple stakeholders. (shrink)

In metaphysics, the view that material constitution is transitive is ubiquitous, an assumption expressed by both proponents and critics of constitution views. Likewise, it is typically assumed within the philosophy of mind that physical realization is a transitive relation. In both cases, this assumption of transitivity plays a role in discussion of the broader implications of a metaphysics that invokes either relation. Here I provide reasons for questioning this assumption and the uses to which this appeal (...) to transitivity is put. As my title suggests, I shall focus on the case of material constitution, using a brief discussion of realization at the outset to motivate the discussion of the transitivity of material constitution at the core of the paper. (shrink)

Monists about material constitution typically argue that when Statue is materially constituted by Clay, Statue is just Clay. Pluralists about material constitution deny that constitution is identity: Statue is not just Clay. When Clay materially constitutes Statue, Clay is not identical to Statue. I discuss three familiar puzzles involving grounding, overdetermination and conceptual issues, and develop three new puzzles stemming from the connection between mereological composition and material constitution: a mereological puzzle, an asymmetry puzzle, and (...) a structural puzzle. (shrink)

The quality of doctoral-level biochemistry (N=139), botany (N=83), cellular/molecular biology (N=89), microbiology (N=134), physiology (N=101), and zoology (N=70) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: (1) program size; (2) characteristics of graduates; (3) reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); (4) university library size; (5) research support; and (6) publication records. Chapter I discusses prior attempts (...) to assess quality in graduate education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the biochemistry, botany, cellular/molecular biology, microbiology, physiology, and zoology programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that cellular/molecular biology programs had, on the average, the largest number of faculty and that students in cellular/molecular biology, biology, biochemistry, microbiology, and physiology received a relatively high fraction of financial support. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

The quality of doctoral-level chemistry (N=145), computer science (N=58), geoscience (N=91), mathematics (N=115), physics (N=123), and statistics/biostatistics (N=64) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: program size; characteristics of graduates; reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); university library size; research support; and publication records. Chapter I discusses prior attempts to assess quality in graduate education, (...) development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the chemistry, computer science, geoscience, mathematics, physics, and statistics/biostatistics programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that mathematics programs had, on the average, the largest number of faculty (N=33) in December 1980 followed closely by physics (N=28) and chemistry (N=23), and that 80 percent of computer science students had job commitments by graduation. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

This chapter questions the causal-constitution fallacy raised against the extended mind. It does so by presenting our signature temporal thesis about how to understand constitutive relations in the context of the extended mind, and with respect to dynamical systems, more broadly. We call this thesis diachronic constitution. We will argue that temporalising the constitution relation is not as remarkable (nor problematic) as it might initially seem. It is (arguably) inevitable, given local interactions between microscale and macroscale (...) states of (coupled) dynamical systems. We focus primarily on the metaphysics of the extended mind in this paper. However, we also show how our account of diachronic constitution has important implications for the metaphysics of dependence relations more generally as well as an emerging literature on inter-level explanations in the mechanistic framework applied to the discussion over extended, enactive and embodied cognition. (shrink)

This article discusses the exegeses of two Qur'anic verses: Qur'an 2:143, which describes righteous Muslims as constituting a “middle/moderate community” (umma wasat) and Qur'an 5:66, which similarly describes righteous Jews and Christians as constituting a “balanced/moderate community” (umma muqtasida). Taken together, these verses clearly suggest that it is subscription to some common standard of righteousness and ethical conduct that determines the salvific nature of a religious community and not the denominational label it chooses to wear. Such a perspective offers the (...) possibility of formulating universal principles of ethical and moral conduct, which may contribute to the formation of a genuinely pluralist global society today. Through a close study of Qur'anic exegeses of these verses from the late first/seventh century to modern times, I retrieve some of the most prevalent Muslim understandings of “moderation” through time and dwell on their contemporary implications. (shrink)

The problem of collecting, analyzing and evaluating evidence on adverse drug reactions (ADRs) is an example of the more general class of epistemological problems related to scientific inference and prediction, as well as a central problem of the health-care practice. Philosophical discussions have critically analysed the methodological pitfalls and epistemological implications of evidence assessment in medicine, however they have mainly focused on evidence of treatment efficacy. Most of this work is devoted to statistical methods of causal inference with a special (...) attention to the privileged role assigned to randomized controlled trials in Evidence Based Medicine. Regardless of whether the RCT’s privilege holds for efficacy assessment, it is nevertheless important to make a distinction between causal inference of intended and unintended effects, in that the unknowns at stake are heterogonous in the two contexts. This point has been emphasized by epidemiologists in the last decade. Their main focus is methodological, and regards the fact that bias and confounding do not affect studies on intended and unintended effects in the same way. However, deeper concerns ground the intuition for such a distinction; these are related to the constraints which we impose on evidence and their epistemological justification. My thesis is that such constraints ought to be understood to be different in the case of evidence for risk vs. benefit assessment. I present the recent debate on the causal association between acetaminophen and asthma in order to illustrate the point at issue. (shrink)

This research aims to show grammatical relations between the elements of the sentence based around the syntactic connection. The phenomenon of syntactic connection is one of the basic concepts for al-Jurjānī’s theory of nazm (construction). This view, which makes more understanding the structure of Arabic sentence, is studied in the light of the ideas of classic and modernists linguists. This attempt to facilitate Arabic grammar has continued routinely from relationships between grammar and meaning. The integration of grammar, which consists of (...) words, is an important property for native speakers and others. This field is open to new developments considering the successive developments in the field of linguistics. It is important to develop the principles that will help in understanding the grammatical structure of a language in which communication pathways are growing. Reinterpretation of prominent approaches appeared in classical sources and updating the concepts that explain the basic structures of language are needed to increase the effectiveness of Arabic.Summary: The linguists, who accept the language structures as a system of expressing thoughts, search out the relationship between meaning and grammar. The rules of grammar, which maintain its importance from the past to the present is one of the basic language areas. In the looking at the researches in the field of Arabic language, it is seen that the grammatical structures of this language is much emphasized. In this context, the grammatical markers theory, which is trying to explain the connection between the sentence elements in the light of different scientific disciplines, such as philosophy and logic is a theory, which the linguists put to explain the Arabic grammar. The grammatical discussions around the grammatical markers have continued for a long time. ‘Abd al-Qāhir al-Jurjānī (d. 471/1078) is one of the most prominent Arabic grammarians whose opinions are widely mentioned in this field. Al-Jurjānī, who found that the discipline of grammar area was limited, established a new method in language studying. In this context, the linguistic researches continue around the views of al-Jurjānī’s theory of construction. The term of construction, which describes the relationship between meaning and grammar, means composition and arrangement. The current linguistic studies have ensured the magnificence and accuracy of this theory. According to this theory, grammar meaning is arising from the choice of word and grammatical elements. The relation between words in the sentence is explained as a construction. According to al-Jurjānī, grammar is the result of various language skills beyond the distinction of truth and error. This comprehensive language understanding, which evaluates the grammar from a different point of view, has started as of Sībawayhi (d. 180/796). The Arabic linguistic studies from the early period are characterized by taking care of both form and meaning, in addition to semantic.Term of the syntactic connection is one of the basic concepts, which al-Jurjānī focuses on while explaining views on grammar. He gives much importance to the method of linking words and to the way they join each other to form sentences. The syntactic connection is an interaction between words and grammatical meanings. In this process, the mechanism of affixation and association occur between the elements of sentence. The term affixation refers to direct connection relations of the elements of sentence, while the term association refers to indirect relations. This term used to describe the grammar structures, is also closely related with the meanings of the words. The basic sentence in classical Arabic consists of the musnad and the musnad ilayhi. In the Arabic language, besides the basic elements of the sentence, other units are important as well. These units work together to express a central idea that may be further developed or refined by other elements. The factor, which determines the function of a word in the sentence, is the place of word. In this context, the linguistic studies carried out within the syntactic connection will make an important contribution to language teaching.The other thing in the context of the syntactic connection is the terms of “deep and surface structure”, which are the basic concepts of the transformational grammar theory developed by Chomsky. While the deep structure consists of simple sentence structures, the surface structure is composed of sentences. According to the transformational grammar theory, the deep structure is an important factor for determining the meaning. They draw attention to the mental side of the language. It is because the language is a phenomenon, which produces unlimited sentences with limited elements. In this form, the language cannot be explained by a mechanical interpretation. The language should be examined in the light of human dynamics. The competence and performance are the cause of the emergence of deep and surface structure terms. The purpose of the word is effective in determining the structure of speech. The target language is to express unlimited meanings with limited words. Classical Arabic grammarians have introduced the idea of transformation to Arabic grammar – though they may not know this term. The Arabic grammarians have talked about preposing, postposing, deletion, increase and interpretation, which used and developed by Chomsky. Transformational grammar theory has produced a new paradigm in grammar. This theory is widely discussed among modern linguists. The term grammatical coherence is a new terminology used by the modern linguists for definition of sentence structure. This term, which shows evidence and relation between both things, is divided into two namely: verbal and semantic coherence. When the definitions of grammatical terms in the classical grammar sources, it is possible to see the emphasis of the grammatical coherences. This language understanding, which tries to substitute the inflection theory, aims to bring innovations in sentence analysis. The linguists point to the importance of this theory, which bring a new perspective in understanding the Arabic grammar. Tammām Ḥassān (1918-2011) attempts to link the grammatical coherences with ‘Abd al-Qāhir al-Jurjānī’s theory of semantic formation and its relationship to linguistic analysis. Tammām Ḥassān, likened to Sībawayhi, is regarded as one of the most important representatives of the innovative language understanding with his theory. According to him, the system of language, which provides a framework to shape man's thinking, is constituted by three subsystems: phonetics, vocabulary and grammar. Grammar may be defined as a system of word changing and other means of expressing relations of words in the sentence. In this context, the concepts of syntagmatic and paradigmatic structure are important to understand the general structure of languages. According to linguistics, grammar should study both paradigmatic and syntagmatic relations of sentences. The syntagmatic structure refers to the relationship between language units depending on the language system in the language. The relationship network between words that belong to the same semantic field is called paradigmatic structure. The paradigmatic structure provides similar criteria for all languages. Such approaches that introduced by linguistics, provides significant contributions to language learning. The modern linguistic studies have made the sentence a starting point to clarify the linguistic structures and relations to achieve the sound linguistic communication. A sentence is the largest unit in a language described by grammar. (shrink)

This article aims to clarify the epistemological foundations of the Freudian energetics model, starting with a historical review of the 19th century scientific context in which Freud's research lay down its roots. Beyond the physiological and anatomical references of Project for a Scientific Psychology, the physiology Freud makes reference to is in reality primarily anchored in an epistemological model derived from physics. Whilst across the Rhine, the autonomy of physiology in relation to physics was far from being accomplished, as (...) a counterpoint, in France, the revolution in physiology driven by Claude Bernard established itself autonomously from physics,. In contrast, Freud's scientific landscape is entirely dominated by the physics elevated to the rank of an ideal science. The influence of Helmholtz, who is both a medical doctor and a physicist, has a determining influence on Freud's training. The discoveries in physics at that time, in particular the formulation of the principle of 'conservation of force' - first principle of thermodynamics - will constitute the points of reference upon which Freud will elaborate his energetics model, then subsequently, the idea of economy in his metapsychology. In this way we can trace both the historic and epistemological path that led Freud from a concept based on physics, and more specifically thermodynamic energy, to an idea of nervous energy that constitutes the basis of the concept of "quantity" as it is stated as 'first fundamental idea' in Project for a Scientific Psychology. This notion will subsequently evolve, and lead Freud to the introduction of the concept of 'psychical energy,' this time in a purely metapsychological sense. (shrink)

As a solution to the boundary problem, the question of who should take part in making democratic decisions, the all-affected principle has gained widespread support. An unexplored issue in relation to the all-affected principle is whether there is an asymmetry between being affected negatively and positively. Is it the case that only being negatively affected, and not positively affected, by a decision generates a claim to inclusion under the all-affected principle? I call this the question of asymmetry. (...) Some answer the question of asymmetry affirmatively. I believe they are wrong and argue, instead, that we must answer this question by looking at the reasons underlying the all-affected principle. I identify two main reasons that have been proposed to underlie the all-affected principle—(1) the opportunity for interest protection and (2) self-government—and show why both of them entail that answering the question of asymmetry affirmatively is unfounded. The upshot is that both being affected negatively and positively by a decision should generate a claim to inclusion on the all-affected principle. This makes a difference for democratic decision making on contemporary issues such as immigration, climate, and welfare policy. (shrink)

According to the so-called "standard account" regarding the problem of material constitution, a statue and a lump of clay that makes it up are not identical. The usual objection is that this view yields many objects in the same place at the same time. Lynne Rudder Baker's theory of constitution is a recent and sophisticated version of the standard account. She argues that the aforementioned objection can be answered by defining a relation of being the same P (...) as (sameP). In this paper I shall examine consequences of her response and show that sameP has wrong formal properties, as a result of which this solution cannot be accepted. (shrink)

The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and evaluation (...) of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions. (shrink)

In Moral Case Deliberation, healthcare professionals discuss ethically difficult patient situations in their daily practice. There is a lack of knowledge regarding the content of MCD and there is a need to shed light on this ethical reflection in the midst of clinical practice. Thus, the aim of the study was to describe the content of healthcare professionals’ moral reasoning during MCD. The design was qualitative and descriptive, and data consisted of 22 audio-recorded inter-professional MCDs, analysed with content analysis. The (...) moral reasoning centred on how to strike the balance between personal convictions about what constitutes good care, and the perceived dissonant care preferences held by the patient. The healthcare professionals deliberated about good care in relation to demands considered to be unrealistic, justifications for influencing the patient, the incapacitated patient’s nebulous interests, and coping with the conflict between using coercion to achieve good while protecting human dignity. Furthermore, as a basis for the reasoning, the healthcare professionals reflected on how to establish a responsible relationship with the vulnerable person. This comprised acknowledging the patient as a susceptible human being, protecting dignity and integrity, defining their own moral responsibility, and having patience to give the patient and family time to come to terms with illness and declining health. The profound struggle to respect the patient’s autonomy in clinical practice can be understood through the concept of relational autonomy, to try to secure both patients’ influence and at the same time take responsibility for their needs as vulnerable humans. (shrink)