The article examines the problem of compensation for the value of lost opportunity at the pre-contractual stage. It has been determined that such measure of recovery depends on the nature of pre-contractual liability. However, although the Supreme Court of Lithuania recognizes the possibility for the aggrieved party of pre-contractual negotiations to recover the value of lost opportunity, the motivation of the Supreme Court’s decisions is too incoherent. Moreover, Lithuanian courts have not yet adopted any methods of awarding and calculation of (...) the damages. The conclusion of the analysis is that in cases of breach of the general obligation of good faith in pre-contractual negotiations, the Supreme Court of Lithuania allows the recovery of lost opportunity, i.e. awards delictual damages. The same motivation applies even in certain cases where there is a possibility of broadening the scope of pre-contractual liability by applying contractual damages. (shrink)

Ṣadr, Muḥammad Bāqir; Islamic philosophy; 20th century.

Tuberculosis (TB) is a potentially fatal infectious disease that, in Aotearoa New Zealand (NZ), inequitably affects Asian, Pacific, Middle Eastern, Latin American, and African (MELAA), and Māori people. Medical research involving genome sequencing of TB samples enables more nuanced understanding of disease strains and their transmission. This could inform highly specific health interventions. However, the collection and management of TB isolate samples for research are currently informed by monocultural biomedical models often lacking key ethical considerations. Drawing on a qualitative kaupapa (...) Māori–consistent study, this paper reports on preliminary discussions with groups of Māori, Pacific, and Afghan people in NZ, whose communities have been harmed by TB and TB stigma. Participants’ discussions highlight key concerns and meanings that ought to inform the development of guidelines and a more robust consultative process for the governance of how TB isolate samples are collected and used both retrospectively and in future research. We argue for ethical processes to be culturally nuanced and community-generated, flexible and meaningful, and situated in relation to the physical and symbolic effects of TB. We discuss the significance of Indigenous data sovereignty, rights, and kāwanatanga (governorship) in shaping a multicultural data sovereignty model. (shrink)

Ubuntu has been defined as a moral quality of human beings, as a philosophy or an ethic, as African humanism, and as a worldview. This paper explores these definitions as conceptual tools for understanding the cultural, educational, and philosophical landscape of post-apartheid South Africa. Key to this understanding is the Althusserian concept of state apparatus. Louis Althusser divides the state apparatus into two forces: the repressive state apparatus (RSA); and the ideological state apparatus (ISA). RSAs curtail the working classes, predominately (...) through direct violence or the threat of violence, whereas ISAs function primarily by ideology, including forms of organised religion, the education system, family units, legal systems, trade unions, political parties, and media. This paper discusses the link between increasing inequality in post-apartheid South Africa and education, with specific reference to Althusser’s ISAs and the abuse of Ubuntu as a subterfuge for socio-economic inequality. (shrink)

The modus operandi of this book is contextual—throughout he demonstrates how ideas emerge from or are inspired by particular environments. And the need to put philosophical ideas in their larger historical and cultural context so as to fully understand them is, as will be illustrated below, a facet of his philosophical method. Another of its facets is fallibilism, a deep commitment to subjecting all theories and concepts (in any field) to incessant scrutiny, testing, correction, and clarification. This suggests that a (...) totality of knowledge of the world or the absolute truth about things is a pair of ideals impossible of realization and approachable at best asymptotically. If his method is contextualist and fallilbilist, then his metaphysics is pluralistic. In his view reality is not reducible to just one single substance or principle but instead is constituted irreducibly of many different kinds of thing or principles. He is thus implacably opposed to any form of ontological monism—what James designates a “block-universe”—and Hegelian absolutism. Callaway conceives of the world as a Jamesian multiverse. Contextualism, fallibilism, and pluralism, then, are the themes brought to the fore in his book and which emerge from his travels at home and abroad. (shrink)

This book (1) explains how just war theory variously presupposes ethical theories and, particularly, natural law; (2) shows how issues in just war theory might be resolved differently depending on which ethical theory is being appealed to in their proposed resolution; and (3) resolves conflicts among these resolutions.

This paper analyzes the theory of area developed by Euclid in the Elements and its modern reinterpretation in Hilbert’s influential monograph Foundations of Geometry. Particular attention is bestowed upon the role that two specific principles play in these theories, namely the famous common notion 5 and the geometrical proposition known as De Zolt’s postulate. On the one hand, we argue that an adequate elucidation of how these two principles are conceptually related in the theories of Euclid and Hilbert is highly (...) relevant for a better understanding of the respective geometrical practices. On the other hand, we claim that these conceptual relations unveil interesting issues between the two main contemporary approaches to the study of area of plane rectilinear figures, i.e., the geometrical approach consisting in the geometrical theory of equivalence and the metrical approach based on the notion of measure of area. Finally, in an appendix logical relations among equivalence, comparison and addition of magnitudes are examined schematically in an abstract setting. (shrink)

The article discusses major biographical milestones and provides a general evolution of philosophical views of the Russian philosopher Simon L. Frank. At the initial stage of the creative way, Frank is an economist and critical Marxist. Appeal to philosophy in the 1900s characterized by the influence of neo-Kantianism, the immanent philosophy and philosophy of life. Around 1908-12 Frank’s transition to the position of metaphysics begins to take shape his own philosophical system, absolute realism. One of the main features of the (...) work of Frank is consistency. Throughout his creative career, the philosopher developed the deepened and detailed original philosophical intuition - the intuition of the supra-rational unity of being - which was already fixed in his early philosophical works. Absolute being is a concrete metalogical reality, revealed in the living knowledge Simultaneously, the potentiality and transfiniteness of absolute being acts as the basis of individuality and creativity of man, the source of his freedom. The philosophical method of Frank, rational comprehension of rationally incomprehensible, based on the principle of antinomic monodualism. Philosophy of religion unfolds as a phenomenological analysis of religious experience. In the social political field Frank justifies the position of liberal conservatism and Christian realism. (shrink)

Critical study of of the addresses of Sir Muhammad Iqbal, 1877-1938 from philosophical and religious point of view.