Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original scholarly (...) contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

Πόλεμος πάντων μὲν πατήρ ἐστι War is the father of all. New : Publication of my book : Histoire du libéralisme in Editions Ellipses, on Fnac or Amazon.1) HERACLITUS : 139 Fragments.a) Heraclitus (PDF) Original Greek text : Diels; English translation : John Burnet (1912), French translation of the English translation (1919), in PDFb) Heraclitus (unicode) : Parallel version or Interlinear version (Work in Progress) Original Greek text : Diels; English translation : John Burnet (1912), French translation of the English (...) translation (1919)c) Heraclitus : Original greek text : original pages of Hermann Diels edition (1912)2) The Encyclopædia Britannica Eleventh Edition (1910–1911) : HERACLITUS (Ἡράκλειτος; c. 540-475 B.C.), Greek philosopher, was born at Ephesus of distinguished parentage. Of his early life and education we know nothing; from the contempt with which he spoke of all his fellow-philosophers and of his fellow-citizens as a whole we may gather that he regarded himself as self-taught and a pioneer of wisdom. So intensely aristocratic (hence his nickname ὀχλολοίδορος, "he who rails at the people") was his temperament that he declined to exercise the regal-hieratic office of βασιλεύς which was hereditary in his family, and presented it to his brother. It is probable, however, that he did occasionally intervene in the affairs of the city at the period when the rule of Persia had given place to autonomy; it is said that he compelled the usurper Melancomas to abdicate. From the lonely life he led, and still more from the extreme profundity of his philosophy and his contempt for mankind in general, he was called the "Dark Philosopher" (ὁ σκοτεινός), or the "Weeping Philosopher," in contrast to Democritus, the "Laughing Philosopher." κακοὶ μάρτυρες Heraclitus is in a real sense the founder of metaphysics. Starting from the physical standpoint of the Ionian physicists, he accepted their general idea of the unity of nature, but entirely denied their theory of being. The fundamental uniform fact in nature is constant change (πάντα χωρεῖ καὶ οὐδὲν μένει); everything both is and is not at the same time. He thus arrives at the principle of Relativity; harmony and unity consist in diversity and multiplicity. The senses are "bad witnesses" (κακοὶ μάρτυρες); only the wise man can obtain knowledge. To appreciate the significance of the doctrines of Heraclitus, it must be borne in mind that to Greek philosophy the sharp distinction between subject and object which pervades modern thought was foreign, a consideration which suggests the conclusion that, while it is a great mistake to reckon Heraclitus with the materialistic cosmologists of the Ionic schools, it is, on the other hand, going too far to treat his theory, with Hegel and Lassalle, as one of pure Panlogism. Accordingly, when he denies the reality of Being, and declares Becoming, or eternal flux and change, to be the sole actuality, Heraclitus must be understood to enunciate not only the unreality of the abstract notion of being, except as the correlative of that of not-being, but also the physical doctrine that all phenomena are in a state of continuous transition from non-existence to existence, and vice versa, without either distinguishing these propositions or qualifying them by any reference to the relation of thought to experience. " Every thing is and is not'"; all things are, and nothing remains. So far he is in general agreement with Anaximander (q.v.), but he differs from him in the solution of the problem, disliking, as a poet and a mystic, the primary matter which satisfied the patient researcher, and demanding a more vivid and picturesque element. Naturally he selects fire, according to him the most complete embodiment of the process of Becoming, as the principle of empirical existence, out of which all things, including even the soul, grow by way of a quasi condensation, and into which all things must in course of time be again resolved. But this primordial fire is in itself that divine rational process, the harmony of which constitutes the law of the universe (see LOGOS). Real knowledge consists in comprehending this all-pervading harmony as embodied in the manifold of perception, and the senses are "bad-witnesses," because they apprehend phenomena, not as its manifestation, but as "stiff and dead." In like manner real virtue consists in the subordination of the individual to the laws of this harmony as the universal reason wherein alone true freedom is to be found." The law of things is a law of Reason Universal (λόγος), but most men live as though they had a wisdom of their own." Ethics here stands to sociology in a close relation, similar, in many respects, to that which we find in Hegel and in Comte. For Heraclitus the soul approaches most nearly to perfection when it is most akin to the fiery vapour out of which it was originally created, and as this is most so in death, " while we live our souls are dead in us, but when we die our souls are restored to life." The doctrine of immortality comes prominently forward in his ethics, but whether this must not be reckoned with the figurative accommodation to the popular theology of Greece which pervades his ethical teaching, is very doubtful. The school of disciples founded by Heraclitus flourished for long after his death, the chief exponent of his teaching being Cratylus. A good deal of the information in regard to his doctrines has been gathered from the later Greek philosophy, which was deeply influenced by it. BIBLIOGRAPHY.—The only authentic extant work of Heraclitus is the περὶ φύσεως. The best edition (containing also the probably spurious Ἐπιστολαί) is that of I. Bywater, Heracliti Ephesii reliquiae (Oxford, 1877); of the epistles alone by A. Westermann (Leipzig, 1857). See also in A. H. Ritter and L. Preller's Historia philosophiae Graecae (8th ed. by E. Wellmann, 1898); F. W. A. Mullach, Fragm. philos. Graec. (Paris, 1860); A. Fairbanks, The First Philosophers of Greece (1898); H. Diels, Heraklit von Ephesus (2nd ed., 1909), Greek and German. English translation of By water's edition with introduction by G. T. W. Patrick (Baltimore, 1889). For criticism see, in addition to the histories of philosophy, F. Lassalle, Die Philosophie Herakleitos' des Dunklen (Berlin, 1858; 2nd ed., 1892), which, however, is too strongly dominated by modern Hegelianism; Paul Schuster, Heraklit von Ephesus (Leipzig, 1873); J. Bernays, Die heraklitischen Briefe (Berlin, 1869); T. Gomperz, Zu Heraclits Lehre und den Uberresten seines Werkes (Vienna, 1887), and in his Greek Thinkers (English translation, L. Magnus, vol. i. 1901); J. Burnet, Early Greek Philosophy (1892); A. Patin, Heraklits Einheitslehre (Leipzig, 1886); E. Pfleiderer, Die Philosophie des Heraklit us von Ephesus im Lichte der Mysterienidee (Berlin, 1886); G. T. Schäfer, Die Philosophie des Heraklit von Ephesus und die moderne Heraklilforschung (Leipzig, 1902); Wolfgang Schultz, Studien zur antiken Kultur, i.; Pythagoras und Heraklit (Leipzig, 1905); O. Spengler, Heraklit. Eine Studie ilber den energetischen Grundgedanken seiner Philosophie (Halle, 1904); A. Brieger, "Die Grundzüge der heraklitischen Physik " in Hermes, xxxix. (1904) 182-223, and "Heraklit der Dunkle" in Neue Jahrb. f. das klass. Altertum (1904), p. 687. For his place in the development of early philosophy see also articles IONIAN SCHOOL OF PHILOSOPHY and LOGOS. Ancient authorities: Diog. Laert. ix.; Sext. Empiric, Adv. mathem. vii. 126, 127, 133; Plato, Cratylus, 402 A and Theaetetus, 152 E; Plutarch, Isis and Osiris, 45, 48; Arist. Nic. Eth. vii. 3, 4; Clement of Alexandria, Stromata, v. 599, 603 (ed. Paris). (J. M. M.) Copyright. (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original scholarly (...) contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original scholarly (...) contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

Machine learning algorithms are increasingly used to support decision-making in the exercise of public authority. Here, we argue that an important consideration has been overlooked in previous discussions: whether the use of ML undermines the democratic legitimacy of public institutions. From the perspective of democratic legitimacy, it is not enough that ML contributes to efficiency and accuracy in the exercise of public authority, which has so far been the focus in the scholarly literature engaging with these developments. According (...) to one influential theory, exercises of administrative and judicial authority are democratically legitimate if and only if administrative and judicial decisions serve the ends of the democratic law maker, are based on reasons that align with these ends and are accessible to the public. These requirements are not satisfied by decisions determined through ML since such decisions are determined by statistical operations that are opaque in several respects. However, not all ML-based decision support systems pose the same risk, and we argue that a considered judgment on the democratic legitimacy of ML in exercises of public authority need take the complexity of the issue into account. This paper outlines considerations that help guide the assessment of whether a ML undermines democratic legitimacy when used to support public decisions. We argue that two main considerations are pertinent to such normative assessment. The first is the extent to which ML is practiced as intended and the extent to which it replaces decisions that were previously accessible and based on reasons. The second is that uses of ML in exercises of public authority should be embedded in an institutional infrastructure that secures reason giving and accessibility. (shrink)

Is it wrong to distract? Is it wrong to direct others’ attention in ways they otherwise would not choose? If so, what are the grounds of this wrong – and, in expounding them, do we have to at once condemn large chunks of contemporary digital commerce (also known as the attention economy)? In what follows, I attempt to cast light on these questions. Specifically, I argue – following the pioneering work of Jasper Tran and Anuj Puri – that there is (...) a right to attention, and that its existence underlies some of our claims regarding the wrongness of distractions. However, I depart from both these authors in two respects: first, I present a new way of deriving the right to attention, grounding it in the more fundamental right to mental integrity. Second, I remain agnostic on whether the contemporary business practices of capturing attention in exchange for a variety of digital products and services are plagued by routine violations of the right. (shrink)

Advance directives for withholding life-saving treatment are controversial for dementia patients whose previously expressed wishes conflict with their currently expressed desires. To illustrate this ethical dilemma, McMahan conceives a hypothetical case in which an intellectually proud creative woman signs an advance directive stipulating her refusal to receive life-saving treatment if she contracts a fatal condition with dementia. However, when she develops dementia and forgets this advance directive, she contracts pneumonia and now expresses a desire to live. In response to such (...) dilemmas, scholars like Norman Cantor have defended the moral authority of advance directives by giving credence to one’s prior competent wishes over one’s current incompetent preferences. I argue that their arguments, which are rooted in the principle of respect for autonomy, operate under ableist assumptions about incompetent persons and exclude other important features of respect. I propose an ethics of care model as an alternative moral approach that reconceptualises respect as a matter of caring about people’s contemporaneous interests, even if they are not competently conceived. It fosters the virtues of care by encouraging healthcare providers to recognise dementia patients as legitimate narrative agents capable of authoring their own evolving life story. I argue that the ethics of care model not only provides an ethical defence of the creative woman’s current incompetent desire to live despite her advance directive, but also vindicates our moral intuitions about what it means to demonstrate respect to dementia patients. (shrink)

The COVID-19 pandemic has highlighted the difficult task of balancing access to misinformation with respect for patient decision-making. Due to its innate antagonism, the paradigm of “physician paternalism” versus “patient autonomy” may not adequately capture the clinical relationship. The authors hypothesized that most patients would, in fact, prefer significant physician input as opposed to unopinionated information when making medical decisions. There is a lack of empirical data corroborating this in the United States. To that end, a survey was distributed (...) to 650 individuals through Amazon Mechanical Turk, of which 499 responses met pre-determined quality criteria. Most respondents believed their doctor's insight would be better than their own if injured or gravely ill. When asked to affirm preferences separately, a significantly higher proportion of respondents preferred guidance from their doctor when making medical decisions compared to being presented with unopinionated information ( p < 0.001). Encouragingly, 93.1% believed that the doctor's primary goal was their health. When asked directly to compare physician guidance to unopinionated information, 69.1% respondents stated they would prefer physician guidance. We found a consistent association between educational/economic background and affirmative responses ( p < 0.001), suggesting particular attention should be paid to patients that are disadvantaged with respect to these demographic factors. The belief in a shared goal, and a consistent preference for physician input, suggests that patients endorse a more collaborative view of the clinical dynamic than is suggested by the paternalism-autonomy paradigm. This pilot study suggests physicians should not be afraid to communicate conviction with regard to treatment decisions. (shrink)

When Augustine condemns the Jews to eternal carnality, he draws a direct connection between anthropology and hermeneutics. Because the Jews reject reading “in the spirit,” they are therefore condemned to remain “Israel in the flesh.” Allegory is thus, in his theory, a mode of relating to the body. In another part of the Christian world, Origen also described the failure of the Jews as owing to a literalist hermeneutic, one that is unwilling to go beyond or behind the material language (...) and discover its immaterial spirit.1 This way of thinking about language has been initially stimulated in the Fathers by Paul’s usage of “in the flesh” and “in the spirit” respectively to mean literal and figurative. Romans 7:5-6 is a powerful example of this hermeneutic structure: “For when we were still in the flesh, our sinful passions, stirred up by the law, were at work on our members to bear fruit for death. But now we are fully freed from the law, dead to that in which we lay captive. We can thus serve in the new being of the Spirit and not the old one of the letter.” In fact, the exact same metaphor is used independently of Paul by Philo, who writes that his interest is in “the hidden and inward meaning which appeals to the few who study soul characteristics rather than bodily forms.”2 For both, hermeneutics becomes anthropology. 1. See Henri Crouzel, Origen, trans. A. S. Worrall , pp. 107-12.2. Philo, On Abraham, sec. 147, in vol. 6 of Philo, trans. and ed. F. H. Colson , p. 75. It is very important to note that Philo himself is just the most visible representative of an entire school of people who understood the Bible, and indeed the philosophy of language, as he did. On this see David Winston, “Philo and the Contemplative Life,” in Jewish Spirituality: From the Bible through the Middle Ages, ed. Arthur Green , pp. 198-231, esp. p. 211. Daniel Boyarin is Taubman Professor of Talmudic Culture in the department of Near-Eastern studies at the University of California, Berkeley. He is the author of Intertextuality and the Reading of Midrash , as well as the forthcoming Carnal Israel: Reading Sex in Talmudic Culture, from which the present essay is drawn. He is currently engaged in a project entitled The Politics of the Spirit: Paul as a Jewish Cultural Critic. (shrink)

Is it possible to donate unpaired vital organs, foreseeing but not intending one's own death? We argue that this is indeed psychologically possible, and thus far agree with Charles Camosy and Joseph Vukov in their recent paper on 'double effect donation.' Where we disagree with these authors is that we see double effect donation not as a morally praiseworthy act akin to martyrdom but as a morally impermissible act that necessarily disrespects human bodily integrity. Respect for bodily integrity goes (...) beyond avoiding the aim to kill: not all side effects of deliberate bodily interventions can be outweighed by intended benefits for another even if the subject fully consents. It is not any necessary intention to kill or harm another or oneself that makes lethal donation/harvesting illicit but the more immediate intention to accept or perform surgery on an (innocent) person combined with the foresight of lethal harm and no health-related good for him or her. Double effect donation falls foul of the first condition of double effect reasoning in that the immediate act is wrong in itself. We argue further that the wider effects of such donation would be socially disastrous and corrupting of the medical profession: doctors should retain a sense of nonnegotiable respect for bodily integrity even when they intervene on willing subjects for the benefit of others. (shrink)

Is it possible to donate unpaired vital organs, foreseeing but not intending one’s own death? We argue that this is indeed psychologically possible, and thus far agree with Charles Camosy and Joseph Vukov in their recent paper on “double effect donation.” Where we disagree with these authors is that we see double-effect donation not as a morally praiseworthy act akin to mar- tyrdom but as a morally impermissible act that necessarily disrespects human bodily integrity. Respect for bodily integrity goes (...) beyond avoiding the aim to kill; not all side effects of deliberate bodily interventions can be outweighed by intended benefits for another even if the subject fully consents. It is not any necessary intention to kill or harm another or oneself that makes lethal donation/harvesting illicit but the more immediate intention to accept or perform surgery on an (innocent) person combined with the foresight of lethal harm and no health-related good for him or her. Double-effect donation falls foul of the first condition of double-effect reasoning in that the immediate act is wrong in itself. We argue further that the wider effects of such don- ation would be socially disastrous and corrupting of the medical profession: doctors should retain a sense of nonnegotiable respect for bodily integrity even when they intervene on willing subjects for the benefit of others. (shrink)

This article discusses explanations behind theory choice, that is, ultimately, what leads people to accept a certain claim as valid. There has been a recent debate as to how closure was achieved in the continental-drift discussion. The controversy had found its usual explanation under rationalist terms: Wegener’s 1912 continental-drift theory was accepted 50 years later only after the plate tectonic theory had provided more evidence or a more in-depth problem-solving capacity. Nevertheless, a re-examination of the controversy under constructivist terms argued (...) that closure was achieved by a change in the style of thought. This analysis prompted some authors to react calling to a ‘defence of rationalism’ and insisting on explaining that the continental-drift theory was only accepted because of epistemic reasons. As the debate impacts on the way to explain scientific controversies, in this article I analyze rationalist and constructivist approaches with respect to ways to explain the social acceptance or rejection of a theory. The analytical perspectives will be contextualized within a broader theoretical discussion in philosophy and social sciences about the role of different factors that condition knowledge, which will also include an empirical approximation in the analysis of GMO and continental-drift controversies. Ultimately, the debate with rationalism is situated in a broader context about the ways of explaining the social acceptance of a theory, arguing that the problem with the rationalism that confuses a purely logical explanation with a sociological one is that it tends to judge rather than understand. (shrink)

Epistemologists who have studied disagreement have started to devote attention to the notion of epistemic standing. One feature of epistemic standing they have not drawn attention to is a distinction between what I call “broad” and “narrow” epistemic standing. Someone who is, say, your broad epistemic peer with respect to some topic is someone who is generally as familiar with and good at handling the evidence as you are. But someone who is your narrow epistemic peer with respect (...) to that topic is someone who is familiar with the evidence and as good at handling it as you are on that particular occasion. Thus, it’s possible for you to be my broad peer while also being my narrow inferior or superior. Attending to this distinction elicits different intuitions about some of the well-known cases in the epistemology of disagreement. Focusing on broad epistemic standing, which epistemologists have done, tends to yield conciliationist responses. But focusing on narrow epistemic standing, which epistemologists have not done, yields steadfast responses. The reason for this difference has to do with how we figure out someone’s broad or narrow epistemic standing: to determine her broad epistemic standing, you need to look at her epistemic traits and her familiarity with the evidence rather than to examine the evidence she gives. But to determine her narrow epistemic standing, you have to focus on her disclosed evidence rather than her epistemic traits or familiarity with the evidence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Walking the Bodhisattva Path/Walking the Christ PathU.S. Conference of Catholic BishopsCatholics and Buddhists brought together by Dharma Realm Buddhist Association, the San Francisco Zen Center, and the United States Conference of Catholic Bishops (USCCB) met 20-23 March 2003 in the first of an anticipated series of four annual dialogues. Abbot Heng Lyu, the monks and nuns, and members of the Dharma Realm Buddhist Association hosted the dialogue at the (...) City of Ten Thousand Buddhas in Talmage, California. The community had transformed their Confucius Hall into a chapel, with a large, newly constructed wooden cross on a wall above an altar facing out from a raised platform, so the Catholic delegation would have a space for worship. A special poster announcing the theme of the conference, "Walking the Bodhisattva Path/Walking the Christ Path," showing a Buddhist dharma wheel at one foot of a bridge and a Celtic cross at the other foot, had been created by the hosting community.The daily schedule for the dialogue did not interfere with the monastic routine at the City of Ten Thousand Buddhas, which included early morning chanting (4:00-5:00 am), daily rituals in the Buddha Hall, and the single large meal for monastics before noon to which all participants were invited. Catholics and Buddhists meeting in the dialogue began each day with an optional forty-five minutes of quiet sitting together in the monastery meditation hall, each following their own form of meditation and prayer. There was a Eucharist on Friday and Saturday evenings for the Catholics and to which the Buddhists were invited, and additional meals of breakfast and supper throughout the meeting at the City's Jyun Kang Restaurant.Fourteen Buddhists and fourteen Catholics participated in the formal discussions. Each participant spoke on what it means to them to follow Christ or the way of the Bodhisattvas or enlightened beings. In addition to speaking, each participant distributed a short passage, usually from a traditional text, on this topic. Several passages from Master Dogen's Shobogenzo and the Gospel of John were among those shared by the group. Other passages shared were taken from the Avatamsaka Sutra and the Shurangama Sutra and from the other gospels and the writings of Zen master HakuinZenji, the Dalai Lama, Korean Zen Master I-sahn Hye-yeon, the teachings of Master [End Page 247] Hsuan Hua, Shantideva, Origen, St. Ignatius, St. Benedict, the author of The Cloud of Unknowing, St. John of the Cross, and Chiara Lubich. A minute of silence separated the fifteen-minute segments for each presentation. With so large a group, most of the time in the formal sessions involved listening to series of presentations; however, during discussion periods the participants asked several challenging questions of one another.Some participants noted the tension they felt between belonging to a particular religious group and the need to let go of any consequential narrowness. The goal of the discussion was to promote understanding of the differences and similarities between Christianity and Buddhism. At one point, the participants noted several concerns about mutual enrichment: whether Buddhist methods can be separated from Buddhism and Christian methods from Christianity, and what specific aspects of Christian practice truly enrich Buddhists and which Buddhist practices likewise enrich Christians. Several times participants discussed their understanding of terms such as transformation, grace, the incarnation and the passion of Jesus, discernment of spirits, prayer, Buddha-nature, and related terms. There was consensus that Buddhists and Catholics can practically help one another regarding mental cultivation and religious precepts. They expressed this consensus in their choice of the topic forthe next dialogue, "Transformation of Hearts and Minds: Chan/Zen-Catholic Approaches to Precepts."The group agreed to reconvene in 2004 to respond to six presentations, three from each side, on different aspects of this topic.Chairing the sessions were Rev. Heng Sure for the Dharma Realm Buddhist Association, Rev. Taigen Dan Leighton for the San Francisco Zen Center, and Bishop John Webster for the United States Conference of Catholic Bishops. Their three organizations are the sponsors of the Northern California Chan/Zen-Catholic Dialogue. Chan and Zen are respectively the Chinese and Japanese terms for the meditation school... (shrink)

This article probes the usefulness of selected theories from Cognitive Linguistics in the context of statutory interpretation. The presumption of legal language is a well-established rule of statutory construction in Polish legal practice that comes from the internationally recognised theory by Jerzy Wróblewski. It rests on a controversial assumption that there are different levels of generality in legal language (i.e. the language of statutes) and a single term may be given different meanings depending on the level of generality that is (...) referred to. The authors use the notion of basic level categorisation from the cognitive theory of prototypes to explain this mechanism. Legal concepts, not unlike ordinary concepts, form hierarchical taxonomies. A single term may denote concepts that are situated at different levels in different conceptual taxonomies. In the absence of special circumstances, a legal term should be given the meaning that resides at a higher level of categorisation in the respective legal taxonomy. This way, the presumption of legal language is found to be justified on both linguistic and psychological grounds. (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)

Evil and the fear coming along with it — either the fear to become its victim or its agent — is haunting mankind’s consciousness since the dawn of time. The powerful instinctive rejection that evil causes is only natural, and yet it prevents us from cognizing it and, thus, from building more effective defenses against it. Art sublimes the direct blow of our anxiety by transforming evil into symbolic and metaphorical figures which we can imaginably deal with and even (...) accept them, making them specifically interesting and even attractive. Along with artistic indulgence we strengthen the sense of metaphysical control over evil: Eventually shaping evil as a notion and an aggregative image we confirm to ourselves that we do have the ability to rise to the transcendent height of considering the Being as a Whole (or to the phenomenological essential insight), by doing so putting aside the limitations that conditio humana with its partiality and practical trivia lays upon us. Then again, presenting evil as an aesthetic phenomenon we design the kind of a virtual playground where we model it, counteract it and through this, finally establish our moral intuition on a new proven basis. Why is it so needed and reviving for us to create and use these psychological machines, not to mention the catharsis element they bring us, show some works of a prominent modern author Stephen King, the explorer of the theme of evil in the field of pop-culture. (shrink)

Purpose Previous studies on cyberloafing have so far not focused on the interlinkages among push factors, pull factors, consequences of actions and value orientations of the employees in a comprehensive manner. The purpose of this study is to close that gap by integrating push-pull theory with means-end chain framework. Design/methodology/approach Using a soft-laddering technique, semi-structured interviews were conducted with 21 Indian employees from various organizations with prior written consent. After performing the content analysis and preparation of ladders, an implication matrix (...) and a hierarchical value map were constructed using the LadderUX tool. Findings “Upholding conversational conformity,” “achieving efficiency through noise cancellation,” “addressing occasional requirements,” “social networking as a coping mechanism,” “staying informed and sharing opinions,” “attempting job or profile alteration” and “fulfilling transactional obligations” turned out to be the seven prominent means-end chain patterns, with their respective push-pull factors, consequences and value orientations. This study also suggested the multifaceted character of cyberloafing in a continuum, from “serious-destructive” to “minor-positive” to “facilitative-productive.” Research limitations/implications This study has been conducted by focusing on cyberloafing at physical workplaces and not in the context of distributed work environments. Practical implications The findings of this study will enable organizations to frame an appropriate set of guidelines to control this behavior. Originality/value To the best of the authors’ knowledge, this study is the first to integrate the push-pull theory and means-end chain framework to explore the nuances of cyberloafing among employees. (shrink)

Public health nursing is grounded in public health ideologies and fundamental nursing values. Researchers have argued that ethical responsibility from the perspective of the nurse is an understudied phenomenon. This meta-ethnography provides in-depth knowledge of how public health nurses (PHNs) experience ethical responsibility when working to prevent injury and disease, and promote health and well-being in children, young people and their families. There are reciprocal findings across the 10 included studies. The findings reveal that these nurses often feel alone, have (...) worries and uncertainties and are afraid of doing wrong. They describe unclear boundaries in their work, creating a heightened sense of responsibility. PHNs fight lonely battles. Yet they show courage and commitment and are ready to stand up and fight for children and families who do not receive adequate care. A line of argument is developed and the metaphorical phrase Chivalrous knights in moral armour is used to express the authors’ overall interpretations of the findings. Reflection on the findings shows how the different dimensions of ethical responsibility are interconnected. The nurses’ ethical sensitivity enables them to feel compassion for others and they show indignation when vulnerable others are not treated with dignity and respect. Indignation and compassion are interrelated, and when human life and dignity are threatened, the ethical demand to respond emerges. Indignation is a precursor to moral courage, and the nurses’ moral sensitivity and respect for their clients emboldens them to stand up for vulnerable others. The findings also illustrate the paradoxical nature of freedom. Freedom of choice due to unclear boundaries heightens the nurses' sense of responsibility. This research is an important step in theory development and has implications for further research, education and practice. (shrink)

The subject of the study is the color meaning in the film of the famous Chinese director Zhang Yimou "Hero", the conceptual understanding of color as the main semantic element of the artistic solution. The object of research is the techniques of visual solutions in cinema. The perception of color in the culture of different peoples differs in certain nuances and depends on many factors, including national traditions and historically established stereotypes. Films by Chinese, Korean, and Japanese filmmakers are interesting (...) from the point of view of color solutions, as they differ in artistic originality and often offer the Russian audience an extraordinary semantic solution of the idea not only at the level of comprehension of the content, but also at the level of a specific color palette. The author similarly examines the color symbolism of Zhang Yimou's film "Hero". The conceptual content of the visual-figurative series, the originality of the coloristic solution of the film is comprehended. The scientific novelty of the article lies in the study of the color symbolism of Zhang Yimou's film "Hero" in the aspect of the correlation between the perception of the coloristic solution of the visual series and the conceptual content of the film. The author comes to the conclusion that despite the ambivalence of perception of a particular color in visual art, the coloristic solution is predetermined by the conceptual content of each episode, so color becomes the leading semantic concept of Zhang Yimou's film "Hero". (shrink)

In their article, Sahan and colleagues have presented ethical dilemmas faced by clinical scientists working in genomics.1 This is a welcome development since thus far little has been published on the ethical issues faced by clinical scientists in general. In their article, the authors present the three themes which emerged from discussions with clinical scientists in respect to three case studies: ‘(1) the redistribution of labour and responsibilities resulting from the practice of genomic medicine; (2) the interpretation and certainty (...) of results and (3) the proposal that better standardisation and consistency of ethical approaches (for example, more guidelines and policy) could resolve some of the challenges arising’.1 One theme which appeared not to emerge is that of ethics education received by clinical scientists during their training, and this is the theme on which this commentary will focus. As noted elsewhere, ‘Clinical Scientists receive some lectures on clinical and research ethics as part of their training, but it amounts to only to a couple of hours of lectures (references omitted)’.2 The usual route to becoming a clinical scientist involves undertaking the 3-year postgraduate Scientist Training Programme (STP), though the ‘equivalence’ route is quite commonly taken by clinical scientists working in …. (shrink)

I have two concerns about Pugh et al ’s case that vaccine requirements without a natural immunity exception are unjustified.1 First, the scientific question they suggest must be answered to justify the policy is in my view the wrong one, or at least not the only relevant one. Second, the authors set up a standard for public health regulation that will be often unattainable, risking paralysis of public health authorities. Pugh et al suggest two legitimate bases for vaccine mandates: ‘the (...) prevention of severe outcomes from COVID-19 and the reduction of viral transmission.’ Governments and employers have a legitimate interest in protecting the health of their citizens and workers, respectively. To maximally accomplish these goals, the relevant scientific question for whether people with prior infection should be subject to a vaccine mandate is: in persons who have been previously infected, does vaccination enhances protection against severe disease and/or infection and transmission? The relevant comparison, if one is trying to maximise protection in the population, is not vaccination vs prior infection, but vs prior infection alone. I am unaware of a systematic review of this question, but the answer in two recent studies appears to be that the combination is more protective.2,3 The comparison the authors propose, in contrast, seems to be one based on an unstated conception of fairness and adequacy: if vaccination alone provides some level of protection, and prior infection can’t be shown to provide an inferior level, then prior infection should be an acceptable alternative to vaccination to satisfy mandates. No argument is given to support the greater relevance of the comparison the authors emphasise. A second and independent concern is that the authors’ proposal …. (shrink)

Several experimental studies on moral judgment and moral decision-making show that in virtual reality people tend to make more “characteristically utilitarian” decisions than when responding to standard questionnaires. An explanation of this phenomenon that has been considered by many authors states that the feature of VR studies that is responsible for this effect is the visual salience of the harmful consequences of “deontological” decisions. The present paper makes three points, the first of which is theoretical: we argue that this explanation, (...) which draws from Cushman’s dual-process account of moral judgment, is in fact not coherent with this account’s predictions with respect to behavior in VR. The second point is that this explanation does not sufficiently explain the existing empirical findings concerning the footbridge dilemma because these studies differ in important aspects of experimental design from studies on the switch dilemma. The third point is empirical: we present two original VR studies that were designed to check the robustness of the increased “utilitarian” tendency and directly test the explanation that is based on the visual salience of harmful consequences. The results of the experiments provide evidence that the effect is quite robust but the proposed explanation is inadequate. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.2 (2001) 151-176 [Access article in PDF] Beyond the Comedy and Tragedy of Authority: The Invisible Father in Plato's Republic Claudia Baracchi They say that, when asked who the noble are, Simonides answered: those with ancestral wealth. --Aristotle, fr. 92 Rose When the victor of the mule-race offered him only a small recompense, Simonides would not compose a poem, for he could not endure poetizing (...) in honor of half-asses; but on being offered an adequate amount he wrote, "Greetings, daughters of storm-footed horses!" Yet, they were daughters of the asses also. --Aristotle, Rhet. 1405b Socrates was driving them to agree that the same man could know how to compose both comedy and tragedy and that a skillful tragic poet could also be a comic poet. They were thus driven, though hardly following and getting drowsy; Aristophanes fell asleep first and, as day was breaking, Agathon also. --Plato, Symp. 223d Introductory remarks What follows is a reading of Plato's Republic in the light of Aristophanes' Clouds. More precisely, what is here offered is the bare outline of such a reading--a set of preliminary notes that, by illuminating the inceptive stages of the Republic (especially book 1), constitutes a propaedeutic to the interpretation of the Platonic dialogue as a whole. Questions that one would typically be expected to raise in this context, questions regarding the relation of philosophy to poetry, the nexus between the Aristophanean and the Platonic Socrates, or Aristophanes' comedy in connection with the fate of the historical Socrates, will here remain unaddressed or will be touched upon only marginally (and obliquely). Far from accidental, this qualified [End Page 151] silence reflects a certain reluctance simply to take up these issues in their time-honored formulations and to speak under the force of their dictation. In this way, perhaps (and only perhaps), motifs of the Platonic discourse that would otherwise remain almost imperceptible if not altogether inaccessible--despite their pervasiveness--may come to show themselves.Leo Strauss wrote that Plato's Socrates may be seen, at least in part, as "a reaction or response to the Aristophanean Socrates" (1966, 316 n 20). The present study articulates the suggestion that the dialogue on the Republic may be understood as a response to Aristophanes' Clouds. Indeed, we shall see how the dialogue makes its own the problems delineated in the comedy, how it rewrites them, and how it unfolds in an attempt to address them. In spite of its remoteness from the tone and mode of the comedy, the Platonic text offers a meticulously punctual, even contrapuntal transcription of the main thematic features of the Clouds--as if an infinitely compelling provocation were to be found there, calling for thinking. The philosophical venture seems to be called forth and stem from such ground--as if comedy were the matter (indeed, the subject matter) of philosophy.Emerging from this interpretive approach to the Republic is the centrality of the figure of paternity, namely, of authority and instituted power. The Clouds depicts fatherhood in its dejection and loss of credibility. What this caricatured remnant of paternity signals is the simultaneous collapse of the orders of the divine, of ancestral authority, and of legality. This is the plexus of problems taken up in the Platonic dialogue.But the question of decay and the dying of the city mark the opening of the dialogue in a rather inconspicuous, even unapparent way. In the Republic, all terms are reversed. Indeed, the rendition of paternity one finds in the Republic is virtually opposite to the risible father of the comedy. Here, a dignified old man commanding respect seems to safeguard the integrity of the family, and hence the stability of the polis, both in its intrapolitical-juridical structures (regulating communal interaction) and in its relation to the gods, to its beyond. Yet, in spite of this inversion, it will become apparent that paternal authority has become an empty simulacrum. Simultaneously, the relation to the gods has become mere commerce, ancestral authority is invoked as a... (shrink)

The author considers, first of all, recent and fairly recent interpretations of Plato’s dialogue the Crito, arguing that the character Socrates, whose expressed ideas probably correspond in major detail to the convictions of the historical Socrates, is not saying that the laws of Athens demand unquestioning obedience. The dialogue is rather an account of the debate that goes on in Socrates’s mind itself. A strong consideration in this debate is clearly the rule of law; but equally strong is Socrates’s (...) lifelong commitment to carry out what, in the end, he regards as the most reasonable course of action. The author then considers two contemporary ethical issues: our way of coming to know the natural law and the proper understanding of laws that allow of exceptions. Regarding the first, he argues—consistently with what we find not only in the Crito but also in Aristotle and Thomas Aquinas—that we come to know the natural law through being immersed in the laws and customs of a particular society: the more just the society, the better access to the natural law it provides. Regarding the second, he argues that an article in Aquinas is sometimes interpreted as suggesting that the realm of concrete human experience is beyond the reach of law. He argues, in the spirit of the historical Socrates, that the rule of law is equivalent to the rule of reason and that this does reach into the realm of concrete human experience, where exceptions are sometimes recognized as contained in the law. (shrink)

Topology has been characterized as an unsuitable mathematical framework for the investigation of geometric-perceptual phenomena. This has been attributed to the highly abstract nature of topology leading to failures in tasks such as making distinctions between geometrical figures (e.g., a cube versus a sphere) in which the human perceptual system succeeds easily. An alternative thesis is proposed on both philosophical and empirical grounds. The present analysis applies the Müller-Lyer (ML) illusion as a method of investigation to examine the suitability (...) of topology in raising questions about geometric-perceptual phenomena and formulating potential answers to these questions. Not only will it be concluded that topology is a suitable mathematical framework in which one can formulate relevant questions and potential answers with respect to perceptual phenomena such as the ML illusion, it will also be discussed that topology will not be replaced by other means of spatial representation consistent with the findings that indicate its contributions to our daily spatial behavior along with other means such as Euclidean geometry. In addition, the analysis will be discussed with respect to two relevant themes: 1) the implications of the proposed view in relation to Husserl’s phenomenology and 2) the effect of developmental stages and education that may change the involvement of topology in such perceptual responses over time. (shrink)

A notion of strictly primitive recursive realizability is introduced by Damnjanovic in 1994. It is a kind of constructive semantics of the arithmetical sentences using primitive recursive functions. It is of interest to study the corresponding predicate logic. It was argued by Park in 2003 that the predicate logic of strictly primitive recursive realizability is not arithmetical. Park’s argument is essentially based on a claim of Damnjanovic that intuitionistic logic is sound with respect to strictly primitive recursive realizability, but (...) that claim was disproved by the author of this article in 2006. The aim of this paper is to present a correct proof of the result of Park. (shrink)

This article introduces the little-studied figure of Saigusa Hiroto, a twentieth century Marxist philosopher who reconstructed the history of technical thought in Japan. The article focuses on Saigusa’s thought between 1939 and 1942, contextualizes his thinking in relation to the technology controversy of the 1930s and presents his critique of the dualism between spiritual and technological culture. Saigusa defines technology as a “means as a process” and not a skill or system of things. The author argues that Saigusa’s notion of (...) “means as a process” dislocates the idea of Western technology as superior to Eastern technology, paving the way for current debates in the field of post-European philosophies of technology. (shrink)

When a patient lacks sufficient capacity to make a certain treatment decision, whether because of deficits in their ability to make a judgement that reflects their values or to make a decision that reflects their judgement or both, the decision must be made by a surrogate. Often the best way to respect the patient’s autonomy, in such cases, is for the surrogate to make a ‘substituted’ judgement on behalf of the patient, which is the decision that best reflects the (...) patient’s values and identity-infused beliefs as they were when the patient last possessed capacity. It is by now well-known that there is troubling evidence that surrogates do only slightly better than chance at making accurate substituted judgements. The use of a patient preference predictor, an algorithm that predicts patient preferences based on characteristics like the patient’s age, gender, socioeconomic status and education level, could help. Rid and Wendler have done important work making a moral case for using the PPP.1 If it were shown to enhance accuracy, it is not at all obvious what objections there could be to its use. Yet several subtle criticisms of the PPP have emerged in the literature. In their feature article, Jardas, Wasserman and Wendler select six of the most prominent objections to the PPP in the literature and defend the PPP against them.2 Along the way they make significant contributions to broader issues concerning the proper uses of statistical evidence and limits on the kinds of preferences there can be reasons of autonomy to respect. Since I found the authors’ answers to the final two objections—that the PPP relies on naked statistical evidence and that it uses non-endorsed reasons—to be especially interesting and provocative, I will examine those answers and raise a few questions about …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.2 (2001) 151-176 [Access article in PDF] Beyond the Comedy and Tragedy of Authority: The Invisible Father in Plato's Republic Claudia Baracchi They say that, when asked who the noble are, Simonides answered: those with ancestral wealth. --Aristotle, fr. 92 Rose When the victor of the mule-race offered him only a small recompense, Simonides would not compose a poem, for he could not endure poetizing (...) in honor of half-asses; but on being offered an adequate amount he wrote, "Greetings, daughters of storm-footed horses!" Yet, they were daughters of the asses also. --Aristotle, Rhet. 1405b Socrates was driving them to agree that the same man could know how to compose both comedy and tragedy and that a skillful tragic poet could also be a comic poet. They were thus driven, though hardly following and getting drowsy; Aristophanes fell asleep first and, as day was breaking, Agathon also. --Plato, Symp. 223d Introductory remarks What follows is a reading of Plato's Republic in the light of Aristophanes' Clouds. More precisely, what is here offered is the bare outline of such a reading--a set of preliminary notes that, by illuminating the inceptive stages of the Republic (especially book 1), constitutes a propaedeutic to the interpretation of the Platonic dialogue as a whole. Questions that one would typically be expected to raise in this context, questions regarding the relation of philosophy to poetry, the nexus between the Aristophanean and the Platonic Socrates, or Aristophanes' comedy in connection with the fate of the historical Socrates, will here remain unaddressed or will be touched upon only marginally (and obliquely). Far from accidental, this qualified [End Page 151] silence reflects a certain reluctance simply to take up these issues in their time-honored formulations and to speak under the force of their dictation. In this way, perhaps (and only perhaps), motifs of the Platonic discourse that would otherwise remain almost imperceptible if not altogether inaccessible--despite their pervasiveness--may come to show themselves.Leo Strauss wrote that Plato's Socrates may be seen, at least in part, as "a reaction or response to the Aristophanean Socrates" (1966, 316 n 20). The present study articulates the suggestion that the dialogue on the Republic may be understood as a response to Aristophanes' Clouds. Indeed, we shall see how the dialogue makes its own the problems delineated in the comedy, how it rewrites them, and how it unfolds in an attempt to address them. In spite of its remoteness from the tone and mode of the comedy, the Platonic text offers a meticulously punctual, even contrapuntal transcription of the main thematic features of the Clouds--as if an infinitely compelling provocation were to be found there, calling for thinking. The philosophical venture seems to be called forth and stem from such ground--as if comedy were the matter (indeed, the subject matter) of philosophy.Emerging from this interpretive approach to the Republic is the centrality of the figure of paternity, namely, of authority and instituted power. The Clouds depicts fatherhood in its dejection and loss of credibility. What this caricatured remnant of paternity signals is the simultaneous collapse of the orders of the divine, of ancestral authority, and of legality. This is the plexus of problems taken up in the Platonic dialogue.But the question of decay and the dying of the city mark the opening of the dialogue in a rather inconspicuous, even unapparent way. In the Republic, all terms are reversed. Indeed, the rendition of paternity one finds in the Republic is virtually opposite to the risible father of the comedy. Here, a dignified old man commanding respect seems to safeguard the integrity of the family, and hence the stability of the polis, both in its intrapolitical-juridical structures (regulating communal interaction) and in its relation to the gods, to its beyond. Yet, in spite of this inversion, it will become apparent that paternal authority has become an empty simulacrum. Simultaneously, the relation to the gods has become mere commerce, ancestral authority is invoked as a... (shrink)

Purpose This study aims to ascertain the impact of data collecting awareness on perceived information security concerns and information-sharing behavior on social networking sites. Design/methodology/approach Based on communication privacy management theory, the study forecasted the relationship between information-sharing behavior and awareness of data collecting purposes, data collection tactics and perceived security risk using structural equation modeling analysis and one-way ANOVA. The sample size of 521 young social media users in Vietnam, ages 18 to 34, was made up of 26.7% men (...) and 73.3% women. When constructing the questionnaire survey method with lone source respondents, the individual’s unique awareness and experiences with using online social networks (OSNs) were taken into account. Findings The results of the investigation demonstrate a significant relationship between information-sharing and awareness of data collecting, perceptions of information security threats and behavior. Social media users have used OSN privacy settings and paid attention to the sharing restriction because they are concerned about data harvesting. Research limitations/implications This study was conducted among young Vietnamese social media users, reflecting specific characteristics prevalent in the Vietnamese environment, and hence may be invalid in other nations’ circumstances. Practical implications Social media platform providers should improve user connectivity by implementing transparent privacy policies that allow users to choose how their data are used; have clear privacy statements and specific policies governing the use of social media users’ data that respect users’ consent to use their data; and thoroughly communicate how they collect and use user data while promptly detecting any potential vulnerabilities within their systems. Originality/value The authors ascertain that the material presented in this manuscript will not infringe upon any statutory copyright and that the manuscript will not be submitted elsewhere while under Journal of Information, Communication and Ethics in Society review. (shrink)

The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...) structure of justice as fairness, the author deals with the central objective of the paper, where he exposes some problems suffered by the motivational basis of the principles of justice. The foundation on which Rawls grounds his principles of justice is problematic, and consequently, they remain as matters of contention as of today. Philosophy and Progress, Vol#71-72; No#1-2; Jan-Dec 2022 P 45-60. (shrink)

Respected modern scholars regard the pre-Buddhist philosopher Sañjaya Belaṭṭhiputta—a significant figure in the Buddhist canon—as the originator of the important classical argument- forms known as the catuṣkoṭi and catuṣkoṭi vinirmukta. We argue that the early Buddhist texts do not in fact support this view of the origin of these argument-forms; the question of their origin is open. While it is certainly true that the Pāli Sāmaññaphala Sutta and some of its parallels portray Sañjaya as deploying the catuṣkoṭi, there is nothing (...) in these passages to suggest that he was its originator. The situation concerning the catuṣkoṭi vinirmukta is perhaps even more surprising: There is nothing in the early Pāli texts and their parallels—nor in Buddhagosa’s famous Pāli commentary on the early texts—to show that Sañjaya even deployed the catuṣkoṭi vinirmukta let alone originated it. Further, our investigations also call into question the standard portrayal of Sañjaya as an obfuscator and prevaricator. It appears he may have been a more interesting and able philosopher than the Sāmaññaphala Sutta—and modern accounts based on it—maintain. (shrink)

Sept. 24, 1901 Chicago Ills. U.S.A.– 6026 Monroe Ave. Chicago University – William R. Harper, President Professor of Astronomy and Mathematics – School of Education Mr. H. Poincaré, Paris France My dear Sir: You have perhaps noticed in Professor André’s book entitled _“Traité d’astronomie stellaire”_ Vol II p. 303 that my discussions of β Lyrae and U Pegasi both seem to point to a concrete confirmation of your excellent work on rotating liquids. I am now curious to see if by (...) computing light curves based upon any of your other theoretical forms—perhaps the apiodal—I may be able to represent the light curves of any other variables. To this end I write to inquire whether you can put into my hands a copy of the paper containing your discussion, or discussions, of your various forms of rotating liquid masses in equilibrium. If you can do so, you will greatly oblige me and help me, perhaps, to accomplish something which may be of interest to you as furnishing tangible proof of the existence in th... (shrink)

The problem of social equality and social inequality is investigated in the light of the concept of justice, the concept of just inequality and unfair equality. The author substantiates the interrelation of justice and equality as concepts and phenomena that are presented in an indissoluble unity and are actually a two-pronged problem. Justice is interpreted by the author as a measure of social equality and social inequality. The author explores the problem of social inequality from the point of view of (...) a materialistic understanding of history, the principle of development and an axiological approach. The concept of natural justice is investigated as the basis of justice established by people, that is, social justice. The legitimacy of the conditional use of the concept of natural justice as a natural right of an individual to use his natural gifts, which under certain conditions of social life activity can be decisive in human life, can give him fair advantages over other members of the society. The natural personal potential of an individual can cause significant differences in the intellectual and spiritual abilities of people, which, in the presence of diligence, determination and appropriate social norms, necessarily generate social inequality in society. Fair inequality does not contradict natural justice. Natural justice is contradicted by unfair inequality. A person by nature has the right to life, freedom and property in compliance with the mandatory norms established in this society. Justice established by people should not contradict natural justice. The validity of the use of the concept of legitimate elite as the most outstanding personalities in various respects, having high achievements and services to society in various spheres of human activity, is substantiated. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The “Figure” of God and the Limits to Liberalism: A Rereading of Locke’s Essay and Two TreatisesVivienne BrownI. A current interpretative issue in reading John Locke’s texts is the relationship between Locke’s theology and political philosophy. 1 Reacting against the secular interpretations of C. B. Macpherson and Leo Strauss, John Dunn argued that Locke’s theology was axiomatic for the political philosophy of the Two Treatises of Government in that (...) Locke’s liberalism was based on a religious individualism. 2 Dunn thus decisively reoriented Lockean scholarship away from seeing Locke as an apologist for a new capitalist economic order, and James Tully and Richard Ashcraft have since substantiated the view that theological presuppositions were foundational for Locke’s political writings but they emphasized the radical nature of Locke’s political position. 3 This view has in turn been challenged by more recent contextual studies of the development of Locke’s thought. John Marshall has argued that the political argument in the Two Treatises of Government is not dependent on religious individualism in [End Page 83] that Locke’s natural theology was itself driven by epistemological investigations, and that it was this epistemological impetus which inclined the Christian Locke towards the Socinian tendencies of his later years. 4 Ian Harris accepts that theological explanation was central to Locke’s writings in ethics and government, but he also emphasizes the reverse process of determination where Locke’s theology, particularly with respect to revealed religion, is in turn reliant upon Locke’s broader thinking. Harris argues therefore that there is a continuity of substantive thought such that theological concerns mesh into, rather than exclusively determine, the broader pattern of Locke’s political and moral ideas. 5 Recent studies thus share a considerable common ground in their recognition of the importance of the relationship between Locke’s theology and political philosophy, but disagreements remain over the precise nature of this relationship and its implications for Locke’s writings.This paper will address the question of the relationship between Locke’s theology and political philosophy by examining the figurative expressions by means of which God is represented in Locke’s Essay Concerning Human Understanding and Two Treatises of Government. 6 The paper will argue that the ways in which this metaphorical “figure” of God is inscribed in Locke’s epistemology and political philosophy 7 suggest a different approach to reading the intricate relationship between God and mankind, and that this casts doubt on the widely-received understanding of Locke’s contribution to classic liberal arguments within political philosophy. It will be argued further that the different formulations of the figure of God in these two texts result in problematizing the historiographic notions of theoretical determination and historicized authorial intent which have so far largely informed the interpretative debate in this area. 8 [End Page 84]II. In the Essay it is argued that mankind has no knowledge of real essences, even of such a simple thing as a pebble or a fly, and certainly cannot know the real essence of God which is immeasurably more inaccessible. 9 Descriptions of God in the Essay are not, therefore, literal statements of God’s characteristics but necessarily inadequate attempts to conceptualize him from within the linguistic and mental constraints of the finite world of men. Two possibilities are available to mankind in its attempt to mediate this fundamental state of ignorance. One is to try to form a complex idea made up of the simple ideas received from sensation or reflection upon itself and then to magnify this to an infinite degree:And even the most advanced Notion we have of God, is but attributing the same simple Ideas which we have got from Reflection on what we find in our selves, and which we conceive to have more Perfection in them, than would be in their absence, attributing, I say, those simple Ideas to him in an unlimited degree. 10God’s postulated qualities are thus valued human qualities writ infinitely large, even though elsewhere the anthropomorphism of the “ignorant and uninstructed” is rejected: 11[H]aving from what we experiment in our selves, got the Ideas of Existence and Duration; of... (shrink)

Epistemic modality concerns what is possible given a body of knowledge or evidence. Cases involving epistemic modals, present an interesting semantic challenge: in order to give a semantic treatment of epistemic modals, we must explain how informational states figure in the semantic representation of these terms. According to John MacFarlane’s (2011, 2014) view – Assessor Relativism – epistemic modal claims are assessment-sensitive in that their truth depends on what is known by the assessor at the time he or she assesses (...) the claim. Hence, truth for epistemic modal claims varies with the context of assessment. Critics of MacFarlane’s approach, such as Anthony Gillies and Kai von Fintel (2008) point to so called “ignorant assessor cases,” ones in which the assessor knows less than the speaker. They claim that such cases pose a serious problem for Assessment Relativism. I argue, however, that these cases do not uncover a flaw in the assessment relativist’s semantics. The apparent problems only seem to arise because the authors have not given adequate attention to the epistemic details of the cases. In making my argument, I present a larger methodological point about the role of epistemic data in semantic theory construction. I claim that, it is often difficult to distinguish the boundary between semantics and epistemology when discussing epistemic modals. As a result, linguists and philosophers of language sometimes fail distinguish between epistemic intuitions that are directly relevant to the semantics and those that are indirectly relevant. I conclude that we do not have to complicate the semantics of epistemic modals in order to accommodate epistemic data such as intuitions about epistemic warrant. (shrink)

In proof-theoretic semantics, meaning is based on inference. It may seen as the mathematical expression of the inferentialist interpretation of logic. Much recent work has focused on base-extension semantics, in which the validity of formulas is given by an inductive definition generated by provability in a ‘base’ of atomic rules. Base-extension semantics for classical and intuitionistic propositional logic have been explored by several authors. In this paper, we develop base-extension semantics for the classical propositional modal systems |$K$|⁠, |$KT$|⁠, |$K4$| and (...) |$S4$|⁠, with |$\square $| as the primary modal operator. We establish appropriate soundness and completeness theorems and establish the duality between |$\square $| and a natural presentation of |$\lozenge $|⁠. We also show that our semantics is in its current form not complete with respect to euclidean modal logics. Our formulation makes essential use of relational structures on bases. (shrink)

A widespread thesis in the analytical theory of law is that norms exist as linguistic entities. Rodolfo Sacco is one of the authors who have most fruitfully insisted, on the contrary, that there is no necessary correlation between norms and language, not even in the specific context of law. He thus extended the conceptualisation of legal normativity well beyond the boundaries of language through the notions of cryptotype and mute law. This paper takes into account two alternative hypotheses to the (...) hypothesis that norms exist as linguistic entities, which are respectively based on the concepts of deontic state-of-affairs and deontic noema. Both hypotheses are tested for their applicability to the phenomena investigated by Sacco under the notion of mute law, notably with reference to cryptotypes. The question is raised then of how the existence of cryptotypes can be inferred from behaviour. The paper emphasizes the role that can be played in this context by nomotrophic behaviour, that is, the behaviour that consists in a reaction to the violation of a norm. (shrink)

The article is about the revision, in connection with the crisis, primarily of the communist idea in the twentieth century. stable concepts, such as, for example, community (understood not as a social, institutionally realized form of collectivity, but as an intellectual form, as “an unorganized force, an intense feeling of participation in something), an image (which is not a subjective representation in the mind an absent object, but passive, deprived of a creative authority, mobile in relation to the (...) class='Hi'>figures reproduced in them, deprived of the status of a subject or object), individuality, singularity, etc. A methodological question is raised about ways of collecting and thinking through the world, dependent on time and independent of it, in particular, about the meaning of repetition. The role of H. Petrovsky in developing the theme of non-working, indescribable communities and the understanding of freedom, art, ethics, etc. associated with this theme is emphasized. (shrink)

The study of literature from the point of view of the search for archetypal images and the study of artistic creativity from the standpoint of structuralism are two important trends. Both of these trends have emerged in the contexts of different scientific paradigms. The origin of archetypal criticism is associated with the figure of Herman Northrop Fry, and the basis of archetypal criticism is psychology, namely the concept of psychoanalysis, founded by Sigmund Freud and Carl Gustav Jung. While the origin (...) of structuralism is associated with linguistics and the name of Ferdinand de Saussure, who first began to consider language as a system of signs in which each element defines other elements and is itself determined by them. With all the difference in origin, in general, both theories do not contradict each other - on the contrary, they complement each other. Archetypal literary criticism and structuralist theory of art have deep internal theoretical connections in several ways: both theories look for repetitive elements in literature, both consider literature as a space of memory about the past. Archetypal literary criticism and the structuralist theory of art direct the appeal to the psychology of man as the creator of works of art. Both directions are also largely based on the idea of binary oppositions: within the framework of the archetypal criticism of the pair, many archetypes are grouped into pairs, whereas within the framework of structuralism, the idea of structure itself is based on elementary concepts opposed to each other; finally, both methods have been criticized for the same shortcomings, such as the denial of author subjectivity and the denial of human progress. This article attempts to show that the theory of archetypes in literature and the structuralist theory of art complement each other, and how exactly this complementarity is achieved. (shrink)

Medical practitioners owe much of the significant progress made in the diagnosis and treatment of disease to industrial research. Hence, co-operation between providers of medical services, most notably medical practitioners, and the pharmaceutical industry is in the best interest of patients. Yet, empirical evidence shows how well-directed influence exerted by the pharmaceutical industry impacts physicians’ decision-making. Profit-motivated inducement by the pharmaceutical industry may expose patients to considerable risks. Against what many think to be based on overwhelming evidence, Joao Calinas-Correia takes (...) the view that the criticism levelled at the pharmaceutical industry as well as the call for transparency in the relationships between physicians and the industry are exaggerated. In his polemic he praises “Big Pharma” as a success and espouses the view that the undesired consequences of its activities are allegedly inherent in the underlying market environment shaped by politics. Moreover, he believes that the proposals made to control and eliminate such undesired effects will lead to mediocrity. Astonishingly, his polemic reaches out to contest the appropriateness of setting rules at all—even if being set by a democratic process. Calinas-Correia’s assertions are based on the wrong premises. They fail to recognize that today individual civil rights and liberties often enough do not have to be defended against encroachments by governmental authorities. Rather, it is incumbent on the state to create rules designed to defend the individual against infringements by overly powerful non-governmental institutions, in our case the medical-industrial complex. Given the power exercised by physicians and the special nature of their role in public health, clear-cut rules have to be enacted and implemented with respect to their relationship to Big Pharma. (shrink)

Contemporary international migration is directly related to the construction of the nation-state. The variations in this migration are multiple, depending on the type of mobility, the territories and the characteristics of the people who practice it. One kind of migration that has been particularly important at the end of the twentieth century and so far in the twenty-first century is that of minors who migrate without being accompanied by their parents. The legal definitions, bureaucratic practices and rights of these minors-turned-migrants (...) vary across European states and in the international literature. This paper aims to analyse the terminology used colloquially in the media and academically to refer to this group of people. In the early days of the phenomenon, the acronym MENA (unaccompanied migrant minors) has been the most common in Spain. It was intended to be a “neutral” term used in the legal sphere and migration studies. Still, in recent times, MENA has become more than a descriptive category. It has become a way of criminalising a group of young people who are in national territory and come from another country (usually an African country and, especially, a Maghreb country). However, not everything is determined by the circumstances surrounding us or our lives as social beings. Social pressure, with its narrative, cannot mean leaving aside history, legal culture, and learning. We need a new language to talk about this group of people. Currently, the negative connotation hides the most human aspect of this condition; the term “MENA” is a banner to mystify a fundamental fact: we are talking about children and adolescents who, not being able to count on the protection of an adult or family member, are condemned to social exclusion. This article approaches the migrant child as a critical figure who embodies the paradox of humanitarian reasoning, which is also a legal and political paradox, encapsulating the tension between structural rejection and the individual capacity of the human subject. By focusing on the theoretically productive role of minors without parental guardianship as subjects of ethnographic examination, this paper aims to understand better how current anthropological knowledge redefines the concepts of childhood, adulthood, and migration. The first part of this paper focuses on examining the terminologies used at the European and international levels, with their respective social implications. The second part focuses on the Spanish case, with the different impacts the term produces at the local level. The third and final part focuses on the terminology of refugee children and opens the discussion on scapegoating in Spain. (shrink)

In this paper, I explore the characteristic reason that motivates a virtuously honest person to perform honest actions. I critically examine previous accounts of honesty’s characteristic motivating reason, including Christian Miller’s pluralistic account, which allows various virtuous motivating reasons to count as honesty’s motivation. I then introduce the respect for the right not to be deceived as the moral ground that characteristically motivates a virtuously honest person’s honest action. After addressing possible objections, I conclude by discussing its educational implications (...) on cultivating the virtue of honesty. (shrink)

Emotions are taken by some authors as a kind of mental state epistemically akin to perception. However, unlike perceptual phenomenology, which allows being treated dogmatically, emotional phenomenology is puzzling in the following respect. When you feel an emotion, you feel an urge to act, you feel, among other things, your body’s action readiness. On the other hand, at least sometimes, you are aware that an emotion by itself is not a sufficient reason to justify an evaluative judgment and/or an (...) action, not even prima facie. How can a single mental state, emotion, seem to be dogmatic and hypothetic at the same time? It seems that emotions alone fall short of the justifying role in which their guiding role would be grounded. If this is true, then emotional experience cannot be epistemically akin to perception. Unless we are willing to claim that emotions cause action blindly (i.e., not rationally), we need an account of the distinctive epistemic role of emotional experience that renders its guidance role rational. In this paper I outline this new problem and its consequences for the metaphysics and epistemology of emotional experience. I also try to offer the sketch of a plausible solution. (shrink)

L'article s'attaque aux racines mêmes du « mystère platonicien » en partant du constat de son caractère proprement « inexplicable »: qu'un auteur, dont on possède l'ensemble de l'œuvre écrite autorise des lectures, non seulement diverses, ce qui est légitime, mais également contradictoires, n'a aucun sens. L'article indique brièvement les éléments qui expliquent cette situation paradoxale et met en valeur les contributions de l'École de Tübingen (Krämer, Gaiser), qui insistent sur les « auto-témoignages » de Platon et sur la tradition (...) indirecte en vue d'une compréhension tout à fait nouvelle de Platon. L'auteur tente ensuite de dissiper quelques-unes des équivoques les plus graves qui grèvent le débat qu'elles ont suscité. L'article expose les analyses de Reale, qui éclairent d'un jour nouveau la valeur paradigmatique de cette nouvelle position, et l'apport de Szlezák, qui produit l'analyse des techniques d'écriture employées par Platon. Les commentaires de Movia et de Migliori prouvent finalement la puissance herméneutique du « nouveau paradigme » et apportent une série d'approfondissements explicatifs, surtout au sujet de la dialectique. The article tackles the roots of the « Plato mystery », beginning with its « inexplicable » existence. It is a nonsensical that an author, whose written corpus we possess, is not only open to different valid interpretations, but even to contradictory ones. After pointing out the elements behind this paradoxical situation, the contributions of the Tübingen school (Krämer, Gaiser) that enhance Plato's own testimony and the indirect tradition in respect of a renewed Platonic comprehension, are underlined. The author then attempts to eliminate some of the major misunderstandings which blocked the previous debate. The article exposes Reale's analysis, who clarifies the paradigmatic value of the new proposal, and the Szlezák's contribution, who threats the analysis of the writing techniques of Plato. Finally Movia's and Migliori's commentaries verify the hermeneutical capabilities of the « new paradigma » and bring a set of thorough examination of the dialectic mainly. (shrink)

The article discusses the concept of the humanitarian-anthropological turn formulated by the famous Russian philosopher Alexander Pavlovich Ogurtsov. He analyzes Dilthey's views, showing that he is not only the initiator of humanitarian discourse, but, in fact, is developing a new direction of philosophy alternative to the natural science approach. The author analyzes the situation that necessitated the development of this direction, as well as the concepts of "life", "history", "understanding", "expression" and "experience", which Dilthey puts at the basis of his (...) philosophical system. He shows that the essential feature of these concepts is a double modality. On the one hand, history (respectively, life, understanding, expression, experience) is “singular”, that is, it changes not according to some law, but due to random circumstances, on the other hand, life changes quite lawfully, under the influence of the mechanisms of culture, language, economics, relationships between people, technology. Dilthey's interest in a holistic analysis of life is explained. The author shows that within the framework of humanitarian and anthropological study, the integrity of life is determined by a number of factors: the problem that the researcher solves, the narratives and texts available to him, the methodology of humanitarian knowledge. In other humanitarian studies, these factors will change, and therefore the integrity of life will also change. It turns out that the integrity of life, over which Dilthey struggled, is not independent of the researcher, his personality and life, it is constituted in the very process of humanitarian knowledge, partly as a singular, partly natural phenomenon. (shrink)

The article deals with the biography and scientific achievements of one of the founders of Tamil studies, G.U. Pope. His many years of selfless activity in the field of Indian education, the creation of basic textbooks and anthologies of the literary Tamil, which generations of schoolchildren and students studied, and translation of the main texts of ancient and medieval Tamil literature, have earned well-deserved honor and respect from the Tamils, for whom he is a national hero. His identification and (...) study of the main ideas of Śaiva Siddhānta based on the biography and poems of the Tamil poet Māṇikkavācakar using Tiruvaruṭpayaṉ and Civappirakācam by Umāpati Civācāriyar (which he introduced into academic discourse) have largely retained their scientific significance and today. For the first time in Russian Tamil studies, Pope is shown as the first person to realize the philosophy of Tamil Śaiva Siddhānta value for understanding South Indian Śaivism. The article discusses in detail Pope's analysis and formulae of the main provisions and key ideas of Śaiva Siddhānta based on the comparative method, which allowed him to involve previously unexplored treatises of Umāpati Civācāriyar, and sacred writings of Hinduism, in comparison with the Christian religion, including the Gnostics and the Apocrypha. In conclusion, the author characterizes Pope's main scientific achievements, which influenced not only the development of academic Tamil studies, but also the national consciousness of the Tamils, their awareness of their unique identity, value and originality of own culture. (shrink)

Despite increasing interest in studying arguments from deontic authority of the general form “(1) $$\delta$$ δ is a deontic authority in institution $$\varOmega$$ Ω ; (2) according to $$\delta$$ δ, I should do $$\alpha$$ α, C: therefore, (3) I should do $$\alpha$$ α ”, the state of the art models are not capable of grasping their complexity. The existing sets of critical questions assigned to this argumentation scheme seem to conflate two problems: whether a person is subject to (...) an authority of an institution in the first place and whether the command issued within the context of a particular institution is eventually binding. For this reason, we introduce (1) a set of Basic Critical Questions to scrutinize the former issue, and (2) a set of more detailed questions related to specific features, also referred to as “parameters”, of institutional environments (Intra-Institutional Critical Questions). We identify major elements of institutional environments in which authoritative utterances are made and the crucial parameters of arguments from deontic authority. The selected evidence from the decisions of the Polish Supreme Administrative Court helps us show how these parameters may be used to reconstruct subtypes of this argument scheme, with their associated sets of critical questions. In specific institutional contexts, such detailed schemes are capable of grasping the complexity of appeals to deontic authority and thus should be used rather than general schemes. The reconstruction of argumentation schemes with critical questions shows how particular arguments may successfully be attacked. (shrink)