The application of the state immunity doctrine with regard to the guarantee of access to court in the case-law of the European Court of Human Rights has been proved to be a complicated issue. In the ECHR’s case-law before the case Cudak v. Lithuania, the application of the state immunity doctrine had been considered as a proportionate restriction of the right of access to court even in cases of the realization of the protection of the jus cogens norm which was (...) very much criticized by the scholars of international law. Thus, the referral of the case Cudak v. Lithuania to the Grand Chamber could or should change the ECHR’s case-law in this sphere or at least develop certain criteria which would afford ground for a more effective protection to the right of access to court in cases of the application of the state immunity doctrine despite the fact that this right is not absolute. However, the case Cudak v. Lithuania has not fully satisfied these aims. Contrary, the case Cudak v. Lithuania left much obscurity, giving a strong indication that, what regards the realization of the right of access to court, the state immunity doctrine is more a material than a procedural ban, since the argumentation given by the ECHR in this case does not guarantee practical protection of this right. (shrink)

Dorit Bar-On develops and defends a novel view of avowals and self-knowledge. Drawing on resources from the philosophy of language, the theory of action, epistemology, and the philosophy of mind, she offers original and systematic answers to many long-standing questions concerning our ability to know our own minds. We are all very good at telling what states of mind we are in at a given moment. When it comes to our own present states of mind, what we say (...) goes; an avowal such as "I'm feeling so anxious" or "I'm thinking about my next trip to Paris," it is typically supposed, tells it like it is. But why is that? Why should what I say about my present mental states carry so much more weight than what others say about them? Why should avowals be more immune to criticism and correction than other claims we make? And if avowals are not based on any evidence or observation, how could they possibly express our knowledge of our own present mental states? Bar-On proposes a Neo-Expressivist view according to which an avowal is an act through which a person directly expresses, rather than merely reports, the very mental condition that the avowal ascribes. She argues that this expressivist idea, coupled with an adequate characterization of expression and a proper separation of the semantics of avowals from their pragmatics and epistemology, explains the special status we assign to avowals. As against many expressivists and their critics, she maintains that such an expressivist explanation is consistent with a non-deflationary view of self-knowledge and a robust realism about mental states. The view that emerges preserves many insights of the most prominent contributors to the subject, while offering a new perspective on our special relationship to our own minds. (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)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

The UN Convention on the Rights of Persons with Disabilities (CRPD) was passed in 2006 and came into force in 2008. It sets out a number of core values, including dignity, individual autonomy, non-discrimination, participation and community inclusion. Although the CRPD has been recognised as an important step forward by many disabled people and their supporters and provides the foundation for building a good life, the author argues that it does not necessarily equate with it. The underpinning Western (...) values of choice, independence and control are important, but leave out groups of marginalised people for whom these goals may not be achievable. They also present challenges and dilemmas for those involved in supporting/caring roles. In this paper, the author reflects on the implications of the CRPD for the lives of people with learning disabilities, in particular those with profound needs and explores whether it provides a genuinely coherent framework for an inclusive society. (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)

Making decisions is an important component of everyday living, and issues surrounding autonomy and self-determination are crucial for persons with intellectual disabilities. Adults with intellectual disabilities are characterized by the limitations in their intellectual functioning and in their adaptive behavior, which compromises three skill types, and this starts before the age of 18. Though persons with intellectual disabilities are characterized by having these limitations, they are thought to face significant decisionmaking challenges due to their disability. Moving away (...) from this generalization, Article 12 of the United Nations Convention on the Rights of Persons with Disabilities addresses this issue of decision-making for persons with disabilities, recognizing the right to legal capacity. (shrink)

In this article, we examine how the U.N. Convention on the Rights of the Child can be useful in pediatric bioethics. Adopted in 1989, the CRC reflects norms that have been deliberated upon for a long period of time and endorsed by most nations. The United States is now the only country that has not ratified the CRC.1 International human rights law shares many key moral concepts with clinical pediatric bioethics, and the CRC provides a considered language common (...) to many jurisdictions that can assist bioethicists in their daily practice and help health-care organizations in their policy development and international interactions. There may, however, be practical challenges with using the CRC in the practice of.. (shrink)

Abstract Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat (...) and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century. (shrink)

How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. (...) Traditionally, just war theorists have tried to provide situation‐specific arguments to show that soldiers on both sides had a good moral justification for their actions. Recently, self‐styled “revisionist just war theorists” have suggested that the doctrine of combatant immunity is just a convention designed to minimize harm. In this article, I suggest that the moral foundation of the doctrine lies in the status of soldiers as public officials in the service of their country. The reason why we hold them immune from prosecution for their war‐making acts is that such acts are properly thought of as acts of a state, rather than as acts of a particular individual. And the reason why states are immune from prosecution for their acts is one of moral standing: No other state has the moral standing to tell another how to carry out the matters that define its jurisdiction. So as long as a country deems (however implausibly) that it must use force to defend itself from aggression, then it may do what is required to defend itself. No other state has the standing to prohibit such acts or to punish those who carry them out. This argument is rooted in an understanding of how individuals may interact as free and equal under law. It does not aim at the perfection of human action, but it does serve to eliminate the worst forms of tyranny. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self-determination is more than (...) a principle that constrains states in their behavior towards other states and territories “outre-mer”; it also constrains states within their domestic realm. This view of self-determination reflects the experience of many indigenous groups, for whom refusal to respect the integrity of their group and failure to respect the integrity of their persons have gone hand in hand. In this chapter, I argue that the Draft Declaration’s treatment of self-determination is right: self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation. (shrink)

Elements of Mind (EM) has two themes, one major and one minor. The major theme is intentionality, the mind’s direction upon its objects; the other is the mind–body problem. I treat these themes separately: chapters 1, and 3–5 are concerned with intentionality, while chapter 2 is about the mind–body problem. In this summary I will first describe my view of the mind–body problem, and then describe the book’s main theme. Like many philosophers, I see the mind–body problem as containing two (...) sub–problems: the problem of mental causation and the problem of consciousness. I see these problems forming the two horns of a dilemma. Just as the problem of mental causation pushes us towards physicalism, so the problem of consciousness pushes us away from it. Each problem reveals the inadequacy of the solution to the other. Essentially the problem of mental causation is the conflict between (i) the apparent fact that mental states and events have effects in the physical world and (ii) a general principle about the causal nature of the physical world, which is sometimes called the ‘causal closure’ or the ‘causal completeness’ of the physical world. This principle says that all physical effects have physical causes which are enough to bring them about. The problem then is simple: how can a mental cause have a physical effect if that effect also has a physical cause which is enough to bring it about? Barring massive overdetermination of our actions by independent causes, it seems that the best answer is to identify the mental and the physical causes. And this is traditionally how physicalists have argued for their identity theory of mind and body. However, many physicalists reject the identity theory, and therefore they have to solve the mental causation problem in some other way. At present, there is no consensus among physicalists on which of the currently proposed solutions is correct. In chapter 2 of EM I propose an alternative, which I call ‘emergentism’. Inspired by the rejection of the identity theory, Emergentism is the idea that mental properties are genu.. (shrink)

Both Carnap and Quine made significant contributions to the philosophy of mathematics despite their diversedviews. Carnap endorsed the dichotomy between analytic and synthetic knowledge and classified certainmathematical questions as internal questions appealing to logic and convention. On the contrary, Quine wasopposed to the analytic-synthetic distinction and promoted a holistic view of scientific inquiry. The purpose of thispaper is to argue that in light of the recent advancement of experimental mathematics such as Monte Carlosimulations, limiting mathematical inquiry to the (...) domain of logic is unjustified. Robustness studies implemented inMonte Carlo Studies demonstrate that mathematics is on par with other experimental-based sciences. (shrink)

Both Carnap and Quine made significant contributions to the philosophy of mathematics despite their diversed views. Carnap endorsed the dichotomy between analytic and synthetic knowledge and classified certain mathematical questions as internal questions appealing to logic and convention. On the contrary, Quine was opposed to the analytic-synthetic distinction and promoted a holistic view of scientific inquiry. The purpose of this paper is to argue that in light of the recent advancement of experimental mathematics such as Monte Carlo simulations, (...) limiting mathematical inquiry to the domain of logic is unjustified. Robustness studies implemented in Monte Carlo Studies demonstrate that mathematics is on par with other experimental-based sciences. (shrink)

Forced expropriations of immovable property were common during the Communist era in Eastern Europe. Today, many of the former owners or their heirs are interested in regaining legal ownership of such properties, often decades after the ownership has been reallocated to others. Therefore, the conflict between old and new owners is often resolved in favour of the new owners. While this is understandable from a contemporary political perspective, this approach results in a perpetuation of the results of an (...) earlier human rights violation, thereby resulting in a new human rights violation which will have to be measured against the European Convention on Human Rights (ECHR) if the state in question has ratified it prior to deciding how to handle the long-term effects of expropriations. Firstly, in the article we will devote ourselves to the interpretation of the right to property with an emphasis on the problem of expropriation. Above all, we will elaborate on the definition of the term “property” as well as positive and negative obligations of the Member States regarding this right. Finally, we will address the question of expropriations prior to the entry into force of the Convention and just compensation under Article 41 ECHR. Interpretation of the right to property will be supported by the jurisprudence of the European Court of Human Rights. (shrink)

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

When people avow their present feelings, sensations, thoughts, etc., they enjoy what may be called “first‐person privilege.” If I now said: “I have a headache,” or “I'm thinking about Venice,” I would be taken at my word: I would normally not be challenged. According to one prominent approach, this privilege is due to a special epistemic access we have to our own present states of mind. On an alternative, deflationary approach the privilege merely reflects a socio‐linguistic convention (...) governing avowals. We reject both approaches. On our proposed account, a full explanation of the privilege must recognize avowals as expressive performances, which can be taken to reveal directly the subject's present mental condition. We are able to improve on special access accounts and deflationary accounts, as well as familiar expressive accounts, by explaining both the asymmetries and the continuities between avowals and other pronouncements, and by locating a genuine though non‐epistemic source for first‐person privilege. (shrink)

When people avow their present feelings, sensations, thoughts, etc., they enjoy what may be called “first-person privilege.” If I now said: “I have a headache,” or “I’m thinking about Venice,” I would be taken at my word: I would normally not be challenged. According to one prominent approach, this privilege is due to a special epistemic access we have to our own present states of mind. On an alternative, deflationary approach the privilege merely reflects a socio-linguistic convention (...) governing avowals. We reject both approaches. On our proposed account, a full explanation of the privilege must recognize avowals as expressive performances, which can be taken to reveal directly the subject’s present mental condition. We are able to improve on special access accounts and deflationary accounts, as well as familiar expressive accounts, by explaining both the asymmetries and the continuities between avowals and other pronouncements, and by locating a genuine though non-epistemic source for first-person privilege. (shrink)

The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices (...) in a society. A consequence of this account is that property law does not solely determine what property looks like in a society. ;The analysis begins with the observation of Enlightenment-era natural rights theorists that property is, first and foremost, a conventional social norm. I then turn to modern developments in game theory and social psychology to propose a novel account of how conventional social norms guide agents. On this account, a norm guides an agent by influencing their practical reasoning in one of two ways: either rationally, by generating a belief that behavior in those circumstances is required by that norm, or sub-rationally, by structuring the agent's practical reasoning, without the agent being aware of it, in such a way that ensures the formation of intentions to act in a manner required by the norm. This second form of norm guidance, which I call 'passive norm guidance', provides grounds for the claim that property norms can exist and function independently of recognition by the law. I go on to show how the independent existence of property norms can support a robust natural law account of property rights according to which property rights exist independent of recognition by the law. The dissertation ends by show how this account, while radical, is also consistent with the dominant Twentieth Century analytic jurisprudence accounts of property. (shrink)

Children’s and young persons’ rights have received increasing been focus in recent decades, due in a significant degree to the UN Convention on the Rights of the Child. In Sweden, compulsory care in the social-services system is disputed, not least for the forceful measures that facility personnel have at their disposal to control children in certain conflict situations. The general aim of this article is to examine how the increased emphasis in Sweden on children’s rights is promoting resilience (...) for children and youth in youth compulsory secure-care settings. A more general question is whether the child-rights discourse leads in practice to increased resilience for children and youth in this setting, or even in general. The empirical material shows that children and young people’s perceptions of care and treatment are strongly linked to their interactions with staff and how the staff use restrictive measures. Applying Martha Fineman’s vulnerability theory in this context means that achieving resilience demands an analysis of the institutional settings in which children and young persons live their day-to-day lives, including their relationships in this setting. Comparing the legal possibilities of physical constraint with interviews of children and personnel reveals that relevant legislative frameworks and children’s-rights discourse should serve as a protection mechanism for children and youths, but in real life, these seem to have limited effect. (shrink)

In my reply to Boyle, Rosenthal, and Tumulty, I revisit my view of avowals’ security as a matter of a special immunity to error, their character as intentional expressive acts that employ self-ascriptive vehicles, Moore’s paradox, the idea of expressing as contrasting with reporting and its connection to showing one’s mental state, and the ‘performance equivalence’ between avowals and other expressive acts.

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...) of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

There exists a standard view of Kant’s position on global order and this view informs much of current Kantian political theory. This standard view is that Kant advocates a voluntary league of states and rejects the ideal of a federative state of states as dangerous, unrealistic, and conceptually incoherent. This standard interpretation is usually thought to fall victim to three equally standard objections. In this essay, I argue that the standard interpretation is mistaken and that the three standard (...) objections miss their target. Kant does advocate the establishment of a non-coercive league of states, at least in his mature political writings (such as Perpetual Peace and the Metaphysics of Morals), but he does so for different reasons than is usually thought and without rejecting the ideal that a world federation of states eventually be realized. I end by indicating how Kant’s revised view can be made productive for present-day philosophical purposes. (shrink)

According to ethical neo-expressivism, all declarative sentences, including those used to make ethical claims, have propositions as their semantic contents, and acts of making an ethical claim are properly said to express mental states, which (if motivational internalism is correct) are intimately connected to motivation. This raises two important questions: (i) The traditional reason for denying that ethical sentences express propositions is that these were thought to determine ways the world could be, so unless we provide an analysis (...) of ethical terms in terms of natural properties, are we not committed to the Moorean conclusion that ethical sentences describe sui generis “nonnatural” ways the world could be? (ii) If we reject the claim that motivational attitudes constitute any part of the semantics of ethical sentences, are we not committed to denying the intuition behind motivational internalism after all? This chapter argues for negative answers to both of these questions. (shrink)

This article draws on ethnographic research with a nonprofit foster family agency to examine how payment affects caregivers’motivations and performance, as well as how state bureaucratic organization and professional supervision affect their carework. Findings suggest that contrary to conventional thought, economic interests and altruistic motives coexist for foster mothers. Although monetary compensation is a concern for these mostly working-class women, impetus for caring also stems from traditional gendered ideals of mothering, nurturing, and staying at home with their biological (...) children. However, state regulations and rules intervene in foster mothers’parenting and private lives and undermine their intrinsic motivations and rewards. The conclusion reflects on what this case reveals about the challenges of paid carework, especially under conditions of government supervision and regulation. (shrink)

Philosophers and neuroscientists often suggest that we perceptually represent objects and their properties. However, they start from very different background assumptions when they use the term “perceptual representation”. On the one hand, sometimes philosophers do not need to properly take into consideration the empirical evidence concerning the neural states subserving the representational perceptual processes they are talking about. On the other hand, neuroscientists do not rely on a meticulous definition of “perceptual representation” when they talk about this empirical (...) evidence that is supposed to show that we perceptually represent such and such properties. It seems that, on both sides, something is missed. My aim is to show that, in the light of empirical evidence from neuroscience, the case of action properties is a good candidate in order to properly talk of perceptually represented properties. My claim is that the neurophysiological states encoding action properties are perceptual processes and that these perceptual processes are representational processes. That is, in the case of those neurophysiological states involved in the detection of action properties, it is correct to speak of perceptual representational states, and hence, ipso facto, of perceptually represented properties. First, I describe a reasonable and widely agreed upon conception of perceptual representation in the philosophical literature. Then, I report evidence from vision and motor neuroscience concerning the perception of action properties, which is subserved by the ventro-dorsal stream, a portion of the dorsal visual system. Finally, I show that a strong connection can be found between the philosophical idea of perceptual representation I have reported before and the neuroscientific evidence concerning the activity of the ventro-dorsal stream, whose job is, as said, to detect action properties. (shrink)

Succession of states regains its importance in current geopolitical situation as now we are witnessing a possible new wave of state succession: South Sudan has been accepted to the United Nations, Kosovo’s independence has been recognized by many countries, Palestine has gained new status in the United Nations, etc. This would lead to the necessity to resolve questions related to succession of states, which might, among other subjects, include issues of diplomatic protection which was subject to international legislation (...) – International Law Commission has prepared the Draft Articles on Diplomatic Protection. However, General Assembly is still not ready to adopt this document as a convention, therefore the term to consider possible ways of handling the issues on diplomatic protection within the UN was extended till 2013. Draft articles give the definition of diplomatic protection, indicating the main features of this institute. However, sometimes the difference among the institutes being called the same name with diplomatic protection might cause misunderstandings when analyzing the issue both in general and in the context of succession of states. One of the main prerequisites for diplomatic protection recognized in the jurisprudence of International Court of Justice is the Mavrommatis rule, which indicates that when protecting the citizen’s rights, state in reality is asserting its own right. This rule has been cited in other cases, however, especially now, when individuals already have quite a number of measures to protect their individual rights independently from the actions of state, it has been acknowledged that the rule is fictitious. This recognition, reflected in the Draft Articles and indicated in the commentary of it, is most welcomed as it helps to resolve questions related to the succession of states. There is a need to understand that there is a difference between international obligations under which state is entitled to diplomatic protection and those under which it really asserts its own rights, despite the fact that the latter might also be related to the rights of individuals. This difference is also important in the context of the succession of states, as the consequences arising out of the breach of these obligations in the context of state succession might differ. The last but not least issue addressed in the article is the question of the succession to treaties, which indicate individual rights, but does not form a customary international law. The question is whether the successor state is entitled to diplomatic protection on behalf of its succeeded citizen in a case of a breach of international treaty which was not subject to succession by the successor state. Taking everything into account, there are issues which are not addressed in the Draft Articles on Diplomatic Protection. Herewith there are issues of diplomatic protection which should be addressed in a case of state succession. Nonetheless, it should be reminded that diplomatic protection is always subject to the decision of the state itself, it is just important that newly created states understand and know the possibility to invoke international responsibility of the third state using the means of diplomatic protection, even if the injury was made to its national before the moment of state succession. (shrink)

When people avow their present feelings, sensations, thoughts, etc., they enjoy what may be called “first‐person privilege.” If I now said: “I have a headache,” or “I'm thinking about Venice,” I would be taken at my word: I would normally not be challenged. According to one prominent approach, this privilege is due to a special epistemic access we have to our own present states of mind. On an alternative, deflationary approach the privilege merely reflects a socio‐linguistic convention (...) governing avowals. We reject both approaches. On our proposed account, a full explanation of the privilege must recognize avowals as expressive performances, which can be taken to reveal directly the subject's present mental condition. We are able to improve on special access accounts and deflationary accounts, as well as familiar expressive accounts, by explaining both the asymmetries and the continuities between avowals and other pronouncements, and by locating a genuine though non‐epistemic source for first‐person privilege. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, (...) in particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

In my reply to Boyle, Rosenthal, and Tumulty, I revisit my view of avowals’ security as a matter of a special immunity to error, their character as intentional expressive acts that employ self-ascriptive vehicles (without being grounded in self-beliefs), Moore’s paradox, the idea of expressing as contrasting with reporting and its connection to showing one’s mental state, and the ‘performance equivalence’ between avowals and other expressive acts.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Zen and the Art of Postmodern Philosophy: Two Paths of Liberation from the Representational Mode of ThinkingRobert MagliolaZen and the Art of Postmodern Philosophy: Two Paths of Liberation from the Representational Mode of Thinking. By Carl Olson. New York: State University of New York Press, 2000. 309 pp.Carl Olson's Zen and the Art of Postmodern Philosophy compares two paths of liberation from the representational mode of thinking, namely, (...) Zen Buddhism and postmodern philosophy. Olson is to be commended for encouraging this dialogue, especially since professors of religious studies usually marginalize Gallic postmodern thought. He is also to be appreciated for the enormous effort that must have been required to describe so much material. Olson treats Bataille, Baudrillard, Deleuze, Derrida, Guattari, Foucault, Kristeva, Lacan, Levinas, and Lyotard on the postmodern side; and Dogen, Hakuin, Nishitani, many Chinese Ch'anists, and some Indian Buddhists on the Buddhist side. His method is to arrange the chapters according to topoi such as "Language, Disruption, and Play," "Ways of Thinking," "The Body," and so on, and to treat the pertaining ideas of the individual Buddhist and postmodern authors insofar as applicable.Because Olson's book assembles between two covers the names, selected works, and—at least in a general sense—the "key" ideas of the postmodern movement and their grosso modo similarities/dissimilarities via-à-vis Zen Buddhism, I think it serves an undergraduate readership well enough. The problem is that the book too often performs like a crib sheet in the CliffsNotes manner, reducing so-called "key" ideas to misleading clichés. The book is at its best when it gives an author some length of attention, as it does with Dogen. Rather than reduce my review to a series of sound bites (print bites?) corresponding to Olson's, I shall resort to what hermeneuts call an Auerbachian decoupage, that is, a close analysis of several passages that can be taken as indicative of an author's mode in general. I'll address three interpretations from Olson's book, one of Derrida, one of a Chinese kung-an (koan), and one of Lacan.Within his comparison of Derrida/language/Buddhism, Olson cites (p. 46) a sentence from Derrida's Writing and Difference: "Speech is stolen: since it is stolen [End Page 295] from language it is, thus, stolen from itself, that is, from the thief who has always already lost speech as property and initiative." Olson glosses as follows: "Derrida claims that a speaking subject, representing an irreducible secondary status, is no longer the person who speaks because his/her origin is elusive in an already established field of speech." Because of glosses like this, Derrida is all too often subjected to the ridicule of nonspecialists, who exclaim, "Derrida denies that a person can use speech instrumentally? Aren't his lectures the instruments of his own ideas?" Actually in the section Olson quotes, Derrida is appropriating Lacanian thought and mutating it for Derridean purposes. For Derrida, all life is stretched out in time and diced-out in space in such a way that phenomenological self-identity is an illusion. Physical writing is the best metaphor for this, in that written words (even Chinese ideograms) cannot, in the scientific sense, be perceived in one absolute moment: it "takes time" and it "takes space" to recognize a word, that is, "build" a word-meaning. Derrida calls life a "text" or "writing" because life is like writing: life on the phenomenological level appears holistic (much as a word-meaning appears self-identical, i.e., arising all at once), but life is actually a time/space "drift."1In the sentence Olson quotes, what Derrida means has the following gist: Speech (spoken words) is stolen from language in that it belongs to language as writing and is really writing; and insofar as it is really writing, it is stolen from itself; speech has "always already" been lost to language in that the instrumentality of speech is always undercut by language's nature as writing. Speech is always undercut by an inevitable drift that subverts intentionality and foils our attempts to make speech our absolute "property." This does not mean most of the intention... (shrink)

An ever more aggressive anti-migration propaganda war is being waged by the majority of British media, where migration in any form is consistently portrayed on the basis of forming and consolidating a response to a security threat. While tens of thousands of migrant workers are exchanging their sweated labour for meagre wages in the 3-D jobs — dirty, dangerous and degrading — in Britain's food-processing, electronic manufacturing, catering, cleaning and hospitality industries outside any mechanism of labour protection, Britain today (...) is still declining to at least ratify the UN Convention on the Rights of Migrant Workers and Their Families in effect since last year. In the post-Morecambe debate on migration and demand for regularizing gangmasters, policing and immigration raids are seen as the quick cure for migrant labour exploitation. The argument sounds as if the only way to get rid of employers’ violation of minimum labour rights is to get rid of migrant workers. Britain has forgotten to ask — who are the migrant workers? They are the ones who sweep British roads, clean British supermarkets and serve you food in restaurants in every high street. They are the ones who sew the clothes you wear, put together your microwaves and process the British salads that you have on your dinner table everyday. Migrant workers are people you don't meet everyday but upon whom you depend. To find out about the chain of exploitation in which migrant workers live and the impact of British immigration controls that are fundamental to their lives, I lived undercover among the Chinese workers from whom I learnt a great deal. (shrink)

It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the Rights (...) of Persons with Disabilities (CRPD) presents a wholesale rejection of the competence model. The High Commissioner here adopts the interpretation of article 12 proposed by the Committee on the Rights of Persons with Disabilities. On this interpretation, CRPD article 12 renders it impermissible to deny persons with mental disabilities the right to make treatment decisions on the basis of impaired decision-making capacity and demands the replacement of all regimes of substitute decision-making by supported decision-making. In this paper, we explicate six adverse consequences of CRPD article 12 for persons with mental disabilities and propose an alternative way forward. The proposed model combines the strengths of the competence model and supported decision-making. (shrink)

The view that organized social communities or associations differ from unorganized communities by having a kind of government or management exerting authority over the community appears almost obvious. Nevertheless it contradicts Dooyeweerd’s view, distinguishing organized communities from natural communities because of their being founded in the technical relation frame respectively the biotic one. This paper discusses the dual character of associations, requiring the introduction of a new relation frame. Determined by authority and discipline, the political relation frame succeeds the (...) frames of social intercourse and economic relations, and precedes the frames of justice and loving care. It qualifies the generic character of any association, founded in that of social intercourse. Besides, each association has a specific character, distinguishing various types of associations. These insights shed new light upon the dual character of a state as the guardian of the public domain. Constituting various networks of human relations, the public domain does not have the character of a community. (shrink)

This article analyzes “farmers’ rights” as a strategy of resistance against the perceived inequities of intellectual property rights regimes for plant varieties. As commercial models of intellectual property have made their way into agriculture, farmers’ traditional seed-saving practices have been increasingly delegitimized. In response, farmers have adopted the language of farmers’ rights to demand greater material recognition of their contributions and better measures to protect their autonomy. This campaign has mixed implications. On one hand, farmers’rights (...) are a unique form of right that may help transform conventions of intellectual property in ways that are better suited for registering and materially encouraging alternative forms of innovation, such as those offered by farming communities. On the other hand, farmers’ rights have proved enormously difficult to enact. And by situating farmers’rights alongside easily enacted commercial breeders’rights, the campaign risks further legitimizing the inequities it is responding to. (shrink)

A long-standing common-law policy holds that anyone may lawfully use force to repel or arrest a criminal threatening property, and a fortiori that force may be used to defend one’s own property. But there are limits to these powers. In cases where some amount of violence is justified but excessive force is used, some common-law jurisdictions will deny any defence to murder. Killing through excessive force is neither justified nor excused. Other jurisdictions will allow a partial defence, excusing (...) from the fullest penalty and reducing the offence to manslaughter or unlawful homicide, on the ground that the actor should be punished for a grievous miscalculation. By analyzing the relationships between persons and property and investigating the historical development of self-help doctrines, the principles defining excessive force here may be reduced to four. First, property cannot easily be conceived as a value worth protecting by force where there is no accompanying threat to the person. Second, the law may nonetheless see a presumptive identity between an owner’s person and his property which is external to his person, so that violent defence of property becomes justified even without a threat to bodily or personal safety. Third, intentionality and purpose play an important role in attributing legal blame for excessive force in protecting property, and the test of allowable quantum of force is not objective. Finally, the legal and ethical issues are transformed when we move from individual to collective property. Judgments concerning state and international legality regarding excessive force may derive only limited guidance from the contours of criminal law and private law. Yet, much of international conflict today is carried out by private actors who do not wear uniforms or wrap themselves in the shield of state immunity, and the domestic legal dimension thus begins to have purchase on issues of excessive force in war and communal conflict. (shrink)

Sociologist Niklas Luhmann argued that the law functions as society’s immune system by regulating conflicts that threaten the certainty of expectation structures. In this article, we argue that law itself has become a target of new social immune mechanisms. Since the 1980s, welfare states have increasingly seen their own structures as a threat. Today, the ideal is a public sector consisting of organizations that constantly emerge anew by selecting the structures that fit each specific moment, case, and citizen. (...) To protect public sector organizations against their own structures, ‘potentialization’ now functions as a social autoimmune mechanism by initiating a constant search for new openings and possibilities. This critique of structures includes a critique of legal structures like rights. Looking at the Danish law of early retirement as our empirical case, this paper analyzes, how the tension between law and ‘potentialization’ is built into the law itself. While the law gives citizens certain rights to early retirement, it simultaneously ‘protects’ against the same rights by potentializing citizens. ‘Potentialization’ here functions as a mechanism that protects the operations of a system against its legal structures. It functions by ‘un-relating’ those operations from the structures. This means that when citizens claim their right to pensions, the social workers can reject them on the grounds of a right to a future that is not foreclosed and ‘parked’ on a pension. The paper’s contribution is to show how potentialization works by dissolving even fundamental legal expectations. This profoundly transforms the relationship between the citizen and the public sector. (shrink)

It is an increasingly influential view that personal identity across time is in part a matter of the attitudes or desires of the entities that constitute persons. Thus some talk of “person-directed practices”—practices of reasonable self-regard that entities have for some of their continuants. In some versions, these practices are social as well as personal. On these views a person’s identity over time is, at least in part, determined by the various person-directed practices of the individual and/or of the (...) community. These practices include the attribution of blame and reward for past actions, encouragement for future actions, the transmission of property, the attitude of anticipation or self-regard for future continuants and so forth. On this view someone survives some event just if, given her person-tracking practices, or those of her community, the being that exists prior to the event is treated in the same person-directed way as the being that exists after the event. Yet had these practices been somewhat different, she would have failed to survive the event even though, as it was, she did survive. We will sometimes call these person-directed practices ‘conventions of identity’, and later come back to discuss whether ‘convention’ is exactly the right term. If these practices are conventions, then it seems that personal identity is sometimes, at least in part, a matter of convention. Call such a view conventionalism about identity. The job of this paper is to defend the coherence of this view, and in particular to defend it from some important recent criticisms by Trenton Merricks. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike (...) Rule,” was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

[Revised translation of a manuscript originally published in German in Zeitschrift fur Naturforschung 54a, 2--10 (1999) and dedicated to Georg Sussmann on the occasion of his seventieth birthday.] We discuss an ontological model suggested by quantum physics, in which the notion of events is of central significance. The conventional objects are considered as causal links between events. Localization in space-time refers primarily to events, not to objects. The intrinsic indeterminacy forces us to consider both possibilities and facts, corresponding to the (...) distinction between future and past. In presently existing theories, the definition of individual events and their localization properties depends on asymptotic arguments adapted to prevailing situations. (shrink)

In the last couple years of George W. Bush’s reign the word “sovereignty” has been on everyone’s lips. As the U.S. prepared to invade Iraq in March 2003, those who supported the war claimed that Iraq posed a threat to U.S. security and sovereignty while those against the war argued that a preemptive strike against another sovereign nation was justified only in urgent self-defense or that U.S. sovereignty should ultimately yield to the sovereignty of international organizations such as the UN. (...) But what exactly is sovereignty?In this paper I take a few cues from Jacques Derrida’s recently published Rogues in order to analyze in detail the Platonic origins of sovereignty. I demonstrate the way in which Plato displaces or transforms a sovereignty based in convention and institutions into a sovereignty rooted in the putative knowledge of the few. Such an analysis of the origins of sovereignty can go a long way, I argue, in helping us understand and resist the policies and arguments of our sovereigns and the hidden ideas of sovereignty on which they rely. (shrink)

Preventive use of force may be defined as the initiation of military action in anticipation of harmful actions that are neither presently occurring nor imminent. This essay explores the permissibility of preventive war from a cosmopolitan normative perspective, one that recognizes the basic human rights of all persons, not just citizens of a particular country or countries. It argues that preventive war can only be justified if it is undertaken within an appropriate rule-governed, institutional framework that is designed to help (...) protect vulnerable countries against unjustified interventions while also avoiding unacceptable risks of the costs of inaction. The key to ensuring the fairness of rules governing the preventive use of force is accountability.This essay proposes a scheme that would make those promoting and those rejecting the preventive use of force more accountable. The proposal contains the following crucial features:States proposing preventive war are required to enter into a contract with a diverse body of states as a condition for authorization of their actions;Prior to taking preventive action, states must make an evidence-based case to the UN Security Council, and agree in advance to submit themselves to an evaluation by an impartial body after the preventive action occurred;Both proponents of action and those opposing it will be held accountable ex post for the accuracy of their prior statements and the proportionality of their actions;Sanctions will be imposed against intervening states or states that opposed preventive action, respectively, depending on the findings of the ex post evaluation.If preventive action were blocked in the Security Council, states seeking to engage in preventive action could then present their case in a different body–a coalition of democratic states–with its own ex post and ex ante accountability procedures. (shrink)

With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system (...) of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark. (shrink)

Thought experiments are usually employed by philosophers as a tool in conceptual analysis. We pose ourselves questions such as “Would it be the same F if p?” or “Would it count as knowledge if q,” where p and q state some bizarre circumstances that are unlikely actually to occur and may even be beyond current technical possibility. The answers we are inclined to give to such questions are held to throw light on the nature of our concepts of, in these (...) cases, identity and knowledge. But the facts about our concepts that are unearthed in this way are implicitly assumed to be deep, not superficial, facts. They are not meant to be facts contingent upon our current linguistic usage, psychology, or social structure, where these could easily be otherwise. If they were just facts of this superficial kind, it would hardly be worth the effort of uncovering them, for they would bind no-one who preferred a different convention or practice. The conceptual truths revealed are meant to be unavoidable, in some sense, and not merely conventional: there is something Platonic or Kantian in the background. The argument of Sections 2–8 of this essay is that, in the case of the thought experiments used to throw light on our concepts of person and personal identity, the results do not seem to be deep or hard to revise, and that this is so largely because of the ontological assumptions shared by more or less all participants in the debate. I shall be arguing that it is primarily these ontological assumptions, rather than the insight into our concepts that the thought experiments are supposed to bring, that determine the answers to the questions about persons and their identity. In the final two sections I shall make some cautious qualifications to this conclusion. (shrink)

This article takes up Marilyn Strathern’s formulation of a law/culture ‘duplex’ – her term for the complementarity of anthropology and law as means to each other’s ends. She draws attention to the limitations of the duplex, and urges us to consider ethnography as (in part) a project of unwinding its entwinement. As a step toward that end, the article returns to classic texts by Emile Durkheim and Bronislaw Malinowski – texts that were foundational to the emergence of anthropology, and to (...) the establishment of law as an object of study for the social sciences. Re-read in light of Strathern’s insight, what has been widely taken as their relativism emerges instead as their defense of political community as a subject for ethnography, and (accordingly) the basis for a theoretical check on law conceived globally – within states or as colonial overrule. The article concludes with a discussion of the contemporary relevance of that position. (shrink)

O'Brien & Opie's connectionist vehicle theory of consciousness is heavily dependent on their notion of explicitness as (1) structural and (2) necessary and sufficient for consciousness. These assumptions unnecessarily constrain their position: the authors are forced to find an intrinsic property of patterns that accounts for the distinction between conscious and unconscious states. Their candidate property, stability, does not capture this distinction. Yet, I show that we can drop assumptions (1) and (2) and still (...) develop a vehicle theory of consciousness. This alternative is better served by models that incorporate both connectionist and symbolic representations. (shrink)

When in Africa we speak and dream of and work for, a rebirth of that continent as a full participant in the affairs of the world in the next century, we are deeply conscious of how dependent that is on the mobilisation and strengthening of the continent's resources of learning. Nelson Mandela Address at Harvard University, September, 1998 quoted in East African, September 1-7, 2003 A paradigm can, for that matter, even insulate the community from those socially important problems that (...) are not reducible to the puzzle form, because they cannot be stated in terms of the conceptual and instrumental tools the paradigm supplies. Thomas Kuhn The Structure of Scientific Revolutions p. 37 Africa suffers from a pessimism of description as well as a pessimism of prescription it has suffered for over 500 years from a condescending and often violent gaze from diagnosis to destiny. The usual Eurocentric style in reflecting about Africa has always had an underlying tone of reproach and even moral condemnation. There is a need to protest and resist against this negative projection. We need to start to converse about Africa's problems and challenges with the inclusion of hope as an ontological need for change. Withoug hope, there will be no possibility to struggle on. Hope is an important variable in the way we wish to think, talk, reason, debate and mount intellectual reflection about Africa Re-thinking African development through innovation, social-invention, systems mental images and the logocentric imagination of the productive Africa-nation, and not through market exchange, Smithian or Ricardian comparative advantage can generate a hopeful departure from received approaches to theorising about Africa. The making of African productive power, building the capital of the mind, organising institutions within the progressive imagination of the Africa-nation is a critical launching pad for a new intellectual and research orientation hihgly needed when Africans want to make their history with the revival of the Pan-African ideal and the African renaissance. The article proposes that the national system of innovation provides the metaphor of hope, the heuristics of what is significant data to investigate, and the criticism of conventional and pessimistic theorising and finally the emancipatory knowledge resources for a post-pessimist turn to bring about the cognitive praxis of a post-colonial liberation of Africa as a whole. (shrink)

When in Africa we speak and dream of and work for, a rebirth of that continent as a full participant in the affairs of the world in the next century, we are deeply conscious of how dependent that is on the mobilisation and strengthening of the continent’s resources of learning. Nelson Mandela Address at Harvard University, September, 1998 quoted in East African, September 1–7, 2003A paradigm can, for that matter, even insulate the community from those socially important problems that are (...) not reducible to the puzzle form, because they cannot be stated in terms of the conceptual and instrumental tools the paradigm supplies. Thomas KuhnThe Structure of Scientific Revolutions p. 37Africa suffers from a pessimism of description as well as a pessimism of prescription it has suffered for over 500 years from a condescending and often violent gaze from diagnosis to destiny. The usual Eurocentric style in reflecting about Africa has always had an underlying tone of reproach and even moral condemnation. There is a need to protest and resist against this negative projection. We need to start to converse about Africa’s problems and challenges with the inclusion of hope as an ontological need for change. Withoug hope, there will be no possibility to struggle on. Hope is an important variable in the way we wish to think, talk, reason, debate and mount intellectual reflection about Africa Re‐thinking African development through innovation, social‐invention, systems mental images and the logocentric imagination of the productive Africa‐nation, and not through market exchange, Smithian or Ricardian comparative advantage can generate a hopeful departure from received approaches to theorising about Africa. The making of African productive power, building the capital of the mind, organising institutions within the progressive imagination of the Africa‐nation is a critical launching pad for a new intellectual and research orientation hihgly needed when Africans want to make their history with the revival of the Pan‐African ideal and the African renaissance. The article proposes that the national system of innovation provides the metaphor of hope, the heuristics of what is significant data to investigate, and the criticism of conventional and pessimistic theorising and finally the emancipatory knowledge resources for a post‐pessimist turn to bring about the cognitive praxis of a post‐colonial liberation of Africa as a whole. (shrink)