One goal of the transplant community is to seek ways to increase the number of people who are willing and able to donate organs. People in states between life and death are often medically excellent candidates for donating organs. Yet public policy surrounding organ procurement is a delicate matter. While there is the utilitarian goal of increasing organ supply, there is also the deontologic concern about respect for persons. Public policy must properly mediate between these two concerns. Currently the dead (...) donor (dd) rule is appealed to as an attempt at such mediation. I argue that given the lack of consensus on a definition of death, the dd rule is no longer successful at mediating utilitarian and deontologic concerns. I suggest instead that focusing on a particular person's history can be successful. (shrink)

Human agents draw a variety of inferences effortlessly, spontaneously, and with remarkable efficiency – as though these inferences were a reflexive response of their cognitive apparatus. Furthermore, these inferences are drawn with reference to a large body of background knowledge. This remarkable human ability seems paradoxical given the complexity of reasoning reported by researchers in artificial intelligence. It also poses a challenge for cognitive science and computational neuroscience: How can a system of simple and slow neuronlike elements represent a large (...) body of systemic knowledge and perform a range of inferences with such speed? We describe a computational model that takes a step toward addressing the cognitive science challenge and resolving the artificial intelligence paradox. We show how a connectionist network can encode millions of facts and rules involving n-ary predicates and variables and perform a class of inferences in a few hundred milliseconds. Efficient reasoning requires the rapid representation and propagation of dynamic bindings. Our model (which we refer to as SHRUTI) achieves this by representing (1) dynamic bindings as the synchronous firing of appropriate nodes, (2) rules as interconnection patterns that direct the propagation of rhythmic activity, and (3) long-term facts as temporal pattern-matching subnetworks. The model is consistent with recent neurophysiological evidence that synchronous activity occurs in the brain and may play a representational role in neural information processing. The model also makes specific psychologically significant predictions about the nature of reflexive reasoning. It identifies constraints on the form of rules that may participate in such reasoning and relates the capacity of the working memory underlying reflexive reasoning to biological parameters such as the lowest frequency at which nodes can sustain synchronous oscillations and the coarseness of synchronization. (shrink)

In “Bayesianism, Infinite Decisions, and Binding”, Arntzenius et al. (Mind 113:251–283, 2004 ) present cases in which agents who cannot bind themselves are driven by standard decision theory to choose sequences of actions with disastrous consequences. They defend standard decision theory by arguing that if a decision rule leads agents to disaster only when they cannot bind themselves, this should not be taken to be a mark against the decision rule. I show that this claim has surprising implications for (...) a number of other debates in decision theory. I then assess the plausibility of this claim, and suggest that it should be rejected. (shrink)

“Imagination may be thought of as a ‘work-around.’ It is a resourceful tactic to ‘undo’ a rule by creating a path around it without necessarily defying it.... Transgression, on the other hand, is rule breaking. There is no pretense of reinterpretation; it is defiance pure and simple. Whether imagination or disobedience is the source, constraints need not constrain, ties need not bind.” So writes Kenneth A. Shepsle in his introduction to Rule Breaking and Political Imagination. Institutions are thought to channel (...) the choices of individual actors. But what about when they do not? Throughout history, leaders and politicians have used imagination and transgression to break with constraints upon their agency. Shepsle ranges from ancient Rome to the United States Senate, and from Lyndon B. Johnson to the British House of Commons. He also explores rule breaking in less formal contexts, such as vigilantism in the Old West and the CIA’s actions in the wake of 9/11. Entertaining and thought-provoking, Rule Breaking and Political Imagination will prompt a reassessment of the nature of institutions and remind us of the critical role of political mavericks. (shrink)

BioShock Infinite begins with the question of “founding.” One enters Columbia for the first time on “Secession Day,” the anniversary of Columbia's secession from the United States in 1902, and the commemoration of the founding of Columbia as the “New Eden.” Racial difference is one of the major antagonisms in BioShock Infinite. BioShock Infinite exemplifies Carl Schmitt's concept of the political, as grounded on fundamental antagonisms that express the will of “the people” of Columbia. Sovereignty is the power to decide (...) what one will do outside of any rules or laws. The questions of decision and responsibility play a key role in the story and gameplay of BioShock Infinite. Players are forced to make a number of decisions throughout BioShock Infinite, without any way of knowing what the outcomes of these decisions will be. It turns out that none of these decisions has any real impact on the game. (shrink)

commentary on Dainton, B. (2000). Stream of Consciousness: Unity and Continuity in Conscious Experience. London: Routledge. ABSTRACT: Stream of Consciousness is a detailed and insightful analysis of the nature of phenomenal consciousness, especially its unity at a time and continuity over stretches of time. I find Dainton's approach to phenomenal consciousness in many ways sound but I also point out one major source of disgreement between us. Dainton believes that to explain phenomenal unity and continuity, no reference to anything outside (...) experience is required. Thus, he postulates a fundamental experiential relation called co-consciousness which is supposed to do all the explanatory work. On the contrary, I hold that to truly explain features of consciousness such as phenomenal unity and continuity, reference to mechanisms outside the phenomenal realm are necessary. (shrink)

In this paper we offer a response to one argument in favour of Priority Monism, what Jonathan Schaffer calls the nomic argument for monism. We proceed in three stages. We begin by introducing Jonathan Schaffer’s Priority Monism and the nomic argument for that view. We then consider a response to the nomic argument that we presented in an earlier paper. We show that this argument suffers from a flaw. We then go on to offer a different response to the nomic (...) argument. The core idea is that the current laws of physics are not integrated in the manner that Schaffer requires to get the nomic argument for monism off the ground. (shrink)

Since Kaplan’s "Demonstratives", it has become a common-place to distinguish between the character and content of an expression, where the content of an expression is what it contributes to "what is said" by sentences containing that expression, and the character gives a rule for determining, in a context, the content of an expression. A tacit assumption of theories of character has been that character is autonomous from content – that semantic evaluation starts with character, adds context, and then derives content. (...) One consequence of this autonomy thesis is that the rules for character can contain no variables bound by content-level operators elsewhere in the sentence. Tacit appeal to this consequence features essentially both in Jason Stanley’s recent argument that all contextual ambiguity must be linked to "elements in the actual syntactic structure of the sentence uttered" in his "Context and Logical Form" and in my arguments against character-based theories of complex demonstratives in my "Complex Demonstratives". However, I argue here that the autonomy thesis is unmotivated, and show that we can separate Kaplan’s notion of character into two independent components: an aspect of meaning which is context-sensitive, and an aspect of meaning that is exempted from scopal interactions with other operators. The resulting semantic framework allows constructions similar to Kaplan’s rejected notion of "monsters begat by elegance", but which are both more empirically adequate and more theoretically versatile. Having made the distinction between context-sensitivity and autonomy from scopal interaction, I show how it allows binding into the character of expressions and hence undermines the immediate success of both Stanley’s argument and my former argument against character-based theories of complex demonstratives, and discuss briefly the prospects for reinstating modified versions of those arguments. Finally, I show how that same distinction allows a defusing of Kripke’s modal argument against a descriptive theory of names. Once autonomy from semantic interaction is separated from context-sensitivity, the first of those two alone can be used to capture the modal rigidity of proper names.. (shrink)

In this paper I inquire into the methodological status of one of the arguments that have figured prominently in contemporary debates about the semantics of a variety of expressions, the so-called “Binding Argument”. My inquiry is limited to the case of meteorological sentences like “It is raining”, but my conclusion can be extended to other types of sentences as well. Following Jason Stanley, I distinguish between three interpretations of the argument. My focus is on the third, weakest interpretation, according (...) to which postulating variables for locations in the logical form of meteorological sentences is the best available explanation of the binding phenomena that such sentences give rise to. My aim is to show that even in this weak interpretation, the argument cannot be reasonably taken to hold. I accomplish this by showcasing several alternative ways to account for the binding data that have not been, as of yet, ruled out as flawed. (shrink)

There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional (...) design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance with that regime of international law. This paper examines the case of Japan's Constitution to determine the extent to which its war-renouncing provisions incorporated, and are consistent with, international law principles on the use of armed force, and whether the provisions operated to effectively constrain government policy. It concludes that the drafters of the Constitution did incorporate international law principles from jus ad bellum in Art. 9(1), though they also grafted on sui generis prohibitions and rules from jus in bello in Art. 9(2) as well, which complicates the story. The provision was embraced in the ratification process, and became the source of powerful constitutive norms that have helped shape Japan's sense of identity. The paper examines the interpretation of Art. 9, as informed by international law, and concludes that despite deep conflicts over competing narratives and understandings of the provision, the long-standing government interpretation of the provision is consistent with Japan's obligations under the jus ad bellum regime. In looking at the operation of Art. 9, the paper finds that despite the early use of Art. 9 by governments as a pretext behind which it could pursue desired policy objectives, the provision did operate to effectively constrain government policy in times of apparent crisis. During the Gulf War in particular, Art. 9 effectively bound a straining government to the mast, preventing Japan's participation in the war. It did so not only in its operation as a legal norm, effectively enforced by the Cabinet Legislation Bureau, but also as a powerful constitutive and social norm. As such, the experience of Japan with Art. 9 provides support for the argument that it is feasible to incorporate principles of jus ad bellum into national constitutions, so as to effectively constrain government policy with respect to engaging in armed conflict. Broader arguments as to why that might be desirable, or whether it has served Japan well or ill, are left for another day. (shrink)

The Prophet, whom Allah sent the whole universe and humanity as mercy, produced not only many judicial rules and practices regarding the relations of a person with Allah and other people in Islam but also uttered sentences about the explanation of holy book, Qur’an, and about how this book can be put into practice. The issue whether and how much these sentences of the prophet (hadith) and acts of the prophet (Sunnah) are binding have been discussed by both (...) hadith methodologists and fiqh methodologists; accordingly, a great many studies were produced. In hadith methodology, the discussions about Sunnah of the Prophet had their reflections in the studies of fiqh methodology; and especially Hanafi jurists propounded considerations about this issue. Hussein b. Ali al-Saymerî (d. 436/1045) one of these jurists, is the student of Muhammad b. Mûsa al-Khwârizmî (d. 403/1012), who is the student of Abû Bakr al-Jassâs (d. 370/980), who is an authority in Hanafi methodology. al-Saymerî, who adopted the method of al-Jassâs in fiqh methodology, systematically categorized several fundamental issues which were discussed and were related to fiqh methodology during his time; and he defended the views of Hanafi scholars about these issues primarily against Shâfiʿîs and several fiqh and kalam schools. While presenting the views and evidences of Hanafis, al-Saymerî initially applied for the views of founder imams of Hanafi sect such as Abû Hanîfa, Abû Yusuf and Muhammad al-Shaybânî; following these scholars, he greatly benefited from Hanafi scholars from Iraq region, such as Abu’l-Hasan al-Karkhî (d. 340/952) and his student, Abu Bakr al-Râzî al-Jassâs. When the relevant parts of his study is analysed, it is seen that the effect of al-Jassâs is especially noticeable. In this article, we will study the binding issue of the Sunnah of the Prophet within the context of al-Saymerî’s study, which has extant and is called Mesâilu’l-hilâf fi usûli’l-fiqh. We consider that the different attitude of al-Saymerî about the Sunnah of the Prophet from the other methodologists and hadith scholars and the underlying reasons of these differences are worth to be investigated and emphasized. (shrink)

Legal positivism lacks a comprehensive theory of legal obligation. Hart's account of legal obligation, if successful, would explain only how the rule of recognition obligates officials. There is nothing in Hart's account of social obligation and social norms that would explain how the legal norms that govern citizen behavior give rise to legal obligations. However, we cannot give a theoretical explanation of the concept of legal obligation without a theoretical explanation of the concept of obligation. If legal, social and moral (...) obligations are three instances of the kind defined by “obligation,” then we cannot successfully explicate the nature of legal, social or moral obligations without a successful general conceptual theory of obligation. In what follows, I attempt to develop what I take to be the central elements of the general concept of obligation. I argue that obligations are (1) associated with mandatory prescriptions; (2) reasons for action; (3) exclusionary in the sense that certain reasons are excluded as an excuse of justification for non-performance; and (4) “binding” in the sense that they have a special normative force. At the end of the paper, I briefly argue that our shared concept of obligation is indeterminate with respect to one theoretically important case, the issue of whether the rules of a crime gang that includes some sort of rule-defining procedures for making rules governing members obligate gang members if accepted as legitimate by the members. (shrink)

The facts aboutsuch, then, indicate not just thatsuch is a pro-adjective, but also that binding conditions apply broadly to pro-ADJs and pro-CNs, as well as to a wide range of pro-arguments. If this is true, the CN binding process accomplished by rules (40) and (41) might better be expressed in a system that uses a Cooper (1979) store mechanism. In fact, Stump (p. 144) notes that this could easily be done. Meanings of the type of∨ P n (...) could be stored, just as NP meanings are, until an appropriate binding CN phrase was encountered. Binding conditions would simply require that a∨ P n meaning not come out of storage until the derivation had emerged from its governing category. The behavior of the pro-adjectivesuch suggests that an expression of any category, if it is legitimately translatable as a variable, may be a fullfledged proform; many principles and mechanisms described to account for the widely studied pronouns in fact apply to nonargument categories. (shrink)

A commitment to the rule of law is a commitment to the governance of a society through the use of general or generalisable rules which are binding on both the subjects and the rulers. By giving due notice of the rules and of any changes to them, those who are subject to the law are protected from violence and enabled to act as agents. This is the essential contribution the rule of law makes to important human goods (...) including freedom. Such an understanding of the rule of law illuminates why the law-like character of God and the revelation of God’s law make human free will meaningful and a relationship of love between God and human beings possible. A commitment to the rule of law also means that those exercising power have to offer justifications to explain why the rules are binding, which opens up space for debate about whether the rules are just. (shrink)

As far as the judicial system is concerned, the legal actions that can be brought before the Union courts, the Court of Justice, the General Court, and specialized courts, do not provide for a comprehensive system of procedural remedies. The main procedural remedy to address this problem is the preliminary ruling procedure, which enables all national courts, and obliges some of them, to suspend the main proceedings before it and refer questions concerning the interpretation and validity of Union law to (...) the Court of Justice for a binding ruling. According to Article 267(1) Treaty on the Functioning of the European Union (TFEU), the Court of Justice have jurisdiction to give preliminary rulings concerning: the interpretation of the treaties and the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union. A decision of the Court of Justice is given in the form of a judgment. (shrink)

This paper investigates the analysis of the de re/de dicto distinction and related facts. I start with the assumption, supported by Cresswell 1990, that the evaluation of the truth of a proposition relative to a particular possible world/situation is mediated via the presence in the syntax of a silent pronoun with type-s denotation. In this system, the de re/de dicto distinction arises from a difference in which an operator binds a given situation pronoun. Percus 2000 shows that such a system (...) potentially overgenerates, in that a third type of reading is predicted to exist for sentences which actually have only two: de re and de dicto. Percus proposes constraints on the binding of situation pronouns, which correctly rule out these third readings. This paper shows, however, that extrinsic constraints on the binding of situation pronouns are not necessary to rule out the unwanted readings, as long as we develop a more precise theory of binding in the first place. I adapt the binding operator argued for by Büring 2004, originally developed only for overt pronouns, and show that when used as an operator for situation pronouns, the unwanted readings are not predicted to occur. (shrink)

This provocative book explores the ideology of truth and deception in China, offering a nuanced perspective on social interaction in different cultural settings. Drawing on decades of fieldwork in China, Susan D. Blum examines rules, expectations, and beliefs regarding lying and honesty. She argues that public lying is evaluated within Chinese society by culturally specific moral values. Chinese, for example, might emphasize the consequences of speech, Americans the absolute truthfulness. But many Americans also excel in manipulation of language, yet (...) find a simultaneous moral absolutism opposed to lying in any form. Blum considers Japanese and Jewish traditions as well, which similarly struggle to control the boundaries of honesty. (shrink)

Recent health legislation in Norway significantly increases access to specialist care within a legally binding time frame. The paper describes the contents of the new legislation and introduces some of the challenges with proliferations of rights to health care. The paper describes some of the challenges associated with the proliferation of legal rights to health care. It explains the benefits of assessing the new law in the light of a rights framework. It then analyses the problematic aspects of establishing (...) additional priority rules as solutions to rights conflicts. It then defends adequacy criteria for acceptable priority rules when such rules are unavoidable. It finally defends our proposed method and explores concrete applications. (shrink)

This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account (...) of reasoning by precedent that is descriptively minimally adequate will leave some room for judicial discretion. Discretion should be used under consideration of the best legally relevant arguments for and against a decision. Integrating analogical reasoning helps the judge to bring to her own attention the strongest case for following. Analogical reasoning also eases the recognition of possible reasons for distinguishing. Thereby, it facilitates a more balanced decision-making process. (shrink)

The paper proposes a new version of direct act consequentialism that will provide the same evaluations of the rightness of acts as indirect disposition, motive or character consequentialism, thus reconciling the coherence of direct consequentialism with the plausible results in cases of indirect consequentialism. This is achieved by seeing that adopting certain kinds of moral dispositions causally constrains our future acts, so that the maximizing acts ruled out by the disposition can no longer be chosen. Thus when we act we (...) do the best we can, which is all that is required for rightness according to act consequentialism. (shrink)

At first, despairing of justifying the Court's new-found rights as the products of interpreting the Constitution, many of the Court's supporters bit the bullet and proclaimed the legitimacy of "noninterpretivism." As an approach to justifying purportedly constitutional decisions, however, noninterpretivism's oxymoronic quality made it an easy target for the Court's detractors, who asserted that noninterpretivism was nothing more than rule by a federal judiciary unrestrained by any positive law.

This paper is a commentary on the target article by Lokendra Shastri & Venkat Ajjanagadde [S&A]: “From simple associations to systematic reasoning: A connectionist representation of rules, variables and dynamic bindings using temporal synchrony” in same issue of the journal, pp.417–451. -/- It puts S&A's temporal-synchrony binding method in a broader context, comments on notions of pointing and other ways of associating information - in both computers and connectionist systems - and mentions types of reasoning that are a (...) challenge to S&A's system (amongst many other connectionist systems, recognizing that S&A's is much more capable as regards reasoning than most other contemporary systems). (shrink)

In Aeschylus’ Prometheus Bound, the playwright depicts the punishment of Prometheus by the tyrannical Zeus. Zeus’ subordinates understand his tyranny to be characterized by an absolute freedom of action. Yet the tyrant’s absolute freedom as ruler is called into question by insecurity of his position and by his dependence on Prometheus’ knowledge. We find in the Prometheus Bound a model of tyrannical rule riddled with contradictions: The tyrant’s claim to total control and absolute freedom is in tension with a reality (...) characterized by insecurity, impotence, and constraint. We contrast this model of rule with the model found in Aeschylus’ Suppliant Maidens, in which the King, agreeing to be bound by the wishes of his subjects, nevertheless preserves for himself a certain freedom of action that the tyrannical ruler lacks. (shrink)

How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether those social arrangements reflect pre-conventional facts about our nature. If they do, compliance will serve our interests because these rules are not just conventions. Another approach is to ask whether following a convention has desirable consequences. For example, the rule which makes the dollar bill legal tender is a convention and the great (...) usefulness of having a medium of exchange ensures that we should follow that convention by accepting paper money in return for things of real value. This work argues that being bound by a convention can also be valuable for its own sake. People need meaning in their lives and conventions infuse acts and attitudes with normative significance, rendering them right or wrong, appropriate or inappropriate, required or forbidden. Such rules bind us not just in virtue of their usefulness but also because their absence would impoverish our social world. Appreciating this point is essential to a proper understanding of our cultures of neighbourliness and hospitality, family structures, systems of property rights, conventions around speech, the norms governing how we deport ourselves in public, and even the rules of a game. (shrink)

The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interepreted as straightforward: to preserve the fundamentalist positivist notion that any norm (...) of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law. (shrink)

Allen Buchanan argues that it doesn’t matter whether a state has authority in the sense of being able to create binding obligations for its citizens, so long as it is morally justified in wielding political power. In this paper, I look at this issue from a slightly different angle. I argue that it matters a great deal whether citizens relate to their state in an obligatory fashion. This is for two reasons. First, a fully morally justified state must be (...) an efficacious state; it must be able to realise its values and make its rules stick. My contention will be that enduring stability can only be secured when citizens, or at least a significant proportion of citizens, are tangibly bound to regulate their conduct in accordance with a principle of obedience to just states. Second, it is only when individuals interact in the right way with the justification for state power that the state itself as a pervasive and coercive entity does not pose a problem for them as reason-responsive agents. In fac.. (shrink)

We question the ecological plausibility as a general model of cognition of van der Velde's & de Kamps's combinatorial blackboard architecture, where knowledge-binding in space and time relies on the structural rules of language. Evidence against their view of the brain and an ecologically plausible, alternative model of cognition are brought forward.

Through a comparative, longitudinal analysis of the wine industry in two Argentine provinces, this article finds that different political approaches to reform and not simply socioeconomic endowments determine the ability of societies to build new institutions for economic upgrading. A “depoliticization” approach emphasizes the imposition of arm’s-length incentives by a powerful, insulated government but exacerbates social fragmentation and impedes upgrading. A “participatory restructuring” approach promotes the creation and maintenance of new public-private institutions for upgrading via rules of inclusive membership (...) and multiparty, deliberative governance. This latter approach can facilitate collaboration and knowledge creation among the government and previously isolated, even antagonistic, stakeholder groups. (shrink)

This research attempts to throw light on and show the fundamental similarities and differences between the African and Western ethical conceptions by examining the foundation of ethics and morality in the two systems, using the Golden rule principle in African ethics and Kant’s categorical imperative in Western ethics as tools of comparative analysis. The African indigenous ethics revolves round the “Golden Rule Principle” as the ultimate moral principle. This principle states that “Do unto others what you want them to do (...) unto you”. This principle compares favourably with Immanuel Kant’s whose main thrust is found in his “Categorical Imperative”, with the injunction for us to “Act only on that maxim through which you can at the same time will that it should become a universal law.” The categorical imperative becomes for Kant, the principle of universalizability, which according to Kant, is categorical and must be equally binding on everyone. This idea of Kant, we argue, compares with the “Golden Rule Principle”. Both are rationalistic and social but the limitations of Kant which we hope to point out, make it quite insufficient as the foundation of morality. The Africans’ which is more humanistic describes morality and is better served. The main difference between the two ethical systems lies in the fact that whereas the “golden rule” starts from the self and considers the consequences on the first before others, the universalizability principle on the other hand considers the consequences on others first before self. (shrink)

This article presents an account of the contours of Parliament’s law-making powers including an explanation of their limits and how those limits arise. The argument is based on HLA Hart’s claim that legal validity ultimately depends on the requirements of a social rule, the ultimate rule of recognition, that binds the officials of a legal system to enforce laws that conform to certain criteria. Section 2 outlines the way in which rules of recognition can be indeterminate and argues that (...) the rule of recognition in the United Kingdom’s legal system is in fact indeterminate on the question of the scope of Parliament’s law-making power. Section 3 explores the effects of indeterminacy in the rule of recognition, arguing that indeterminate social rules develop according to rule users’ understanding of the point of the rule, and that the rule of recognition will therefore develop according to the judiciary’s understanding of the value or values served by the according law making power to Parliament. (shrink)

At first, despairing of justifying the Court's new-found rights as the products of interpreting the Constitution, many of the Court's supporters bit the bullet and proclaimed the legitimacy of "noninterpretivism." As an approach to justifying purportedly constitutional decisions, however, noninterpretivism's oxymoronic quality made it an easy target for the Court's detractors, who asserted that noninterpretivism was nothing more than rule by a federal judiciary unrestrained by any positive law.

Interpretations of the tax law, issued by tax authorities, are a fairly new institution in Poland. They were introduced into the legal system by the Tax Ordinance Act of 29 October 1997. From that time these regulations were deeply changed three times. Now it seems that Polish legislator has finally succeeded in elaborating an appropriate model for binding interpretation of tax law that protects the interests of taxpayers. However, discussed regulations seem to need some other amendments. The objective of (...) this article is to present the evolution of the provisions pertaining to the issuing of the so-called official interpretations of tax law and to point at certain shortcomings of the present regulations. (shrink)

Severe acute respiratory syndrome‐coronavirus (SARS‐CoV)‐2′s origin is still controversial. Genomic analyses show SARS‐CoV‐2 likely to be chimeric, most of its sequence closest to bat CoV RaTG13, whereas its receptor binding domain (RBD) is almost identical to that of a pangolin CoV. Chimeric viruses can arise via natural recombination or human intervention. The furin cleavage site in the spike protein of SARS‐CoV‐2 confers to the virus the ability to cross species and tissue barriers, but was previously unseen in other SARS‐like (...) CoVs. Might genetic manipulations have been performed in order to evaluate pangolins as possible intermediate hosts for bat‐derived CoVs that were originally unable to bind to human receptors? Both cleavage site and specific RBD could result from site‐directed mutagenesis, a procedure that does not leave a trace. Considering the devastating impact of SARS‐CoV‐2 and importance of preventing future pandemics, researchers have a responsibility to carry out a thorough analysis of all possible SARS‐CoV‐2 origins. (shrink)

Lorenzo Sacconi and his coauthors have put forward the hypothesis that impartial agreements on distributive rules may generate a conditional preference for conformity. The observable effect of this preference would be compliance with fair distributive rules chosen behind a veil of ignorance, even in the absence of external coercion. This paper uses a Dictator Game with production and taking option to compare two ways in which the device of the veil of ignorance may be thought to generate a (...) motivation for, and compliance with a fair distributive rule: individually-as a thought experiment that should work as a moral cue- and collectively-as an actual process of agreement among subjects. The main result is that actual agreement proves to be necessary for agents to be led towards a fair distributive principle and to generate a significant amount of compliance in absence of external authority. This conclusion vindicates the role of actual agreements in generating motivational power in correspondence with fair distributive rules. (shrink)

The main goal of this article is to analyse the current status of the precautionary principle in international law and outline the tendencies of its development into a rule of customary law. The methods of comparative and systematic analysis were used in this paper. The article concludes that there is sufficient state practice and opinio iuris to support the position of the European Communities that the precautionary principle has already crystallized into a general customary rule. Evidence may be found in (...) international legally binding and non-binding documents, domestic law, and the jurisprudence of national and international courts and tribunals. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

Dual-mechanism models of language maintain a distinction between a lexicon and a computational system of linguistic rules. In his target article, Clahsen provides support for such a distinction, presenting evidence from German inflections. He argues for a structured lexicon, going beyond the strict lexicon versus rules dichotomy. We agree with the author in assuming a dual mechanism; however, we argue that a next step must be taken, going beyond the notion of the computational system as specific rules (...) applying to a linguistic domain. By assuming a richer lexicon, the computational system can be conceived as a more general binding process that applies to different linguistic levels: syntax, morphology, reading, and spelling. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fashioning the "Order of Saint Clare." A Rule illuminated by Neri da Rimini:Princeton University Library MS 83 in contextFrances Andrews (bio) and Louise Bourdua (bio)KeywordsRule of Urban IV, Clare of Assisi, Urbanist Clare nuns, Manuscript illumination, Neri da RiminiIntroduction1This interdisciplinary essay is an investigation of an illuminated, early 14th-century copy of the rule of the "Order of Saint Clare" issued by Pope Urban IV in 1263, now in Princeton. (...) It examines the unprecedented visual language adopted in a female Franciscan context to authorize their way of life, and places the manuscript in context, exploring how it relates to other early representations showing Saints Francis and Clare together and documenting the production of this and comparable early rule manuscripts, including a previously unpublished copy now in Venice.2Thousands of manuscript copies of rules of life were produced in and for late medieval religious houses and their members, good numbers of which remain extant, though these are scarce remnants of what must originally have been produced. Rules do sometimes appear in extant library inventories,3 but unlike individual books destined for personal [End Page 75] prayer or study and ultimately deposit in a conventual library, their primary purpose was as legal texts binding all who professed them.4 In their iterative function, read and reread, alone or aloud in the community, they were comparable to liturgical books, though they were not for use in church nor kept in the sacristy.5 In the rule of Urban IV for the Order of Saint Clare investigated here, chapter twenty-four required that the rule be read and explained annually by the visitator, while the final chapter emphasized that it be read once each fortnight lest the sisters neglect it.6 This sort of repetition must have ensured most nuns knew the rule by memory, having first encountered its details as novices, with no need to own the text. Copies were perhaps in the hands of the abbess, a visitator, or other monastic superior, or kept in the chapter room or refectory, ready for routine use.7 Nonetheless, wealthier women may have had a copy prepared or received one as a gift, either on entering the religious life or on becoming a superior responsible for its observance.8Princeton University Library, Manuscripts Division, Department of Rare Books and Special Collections, MS 83, contains a Latin, [End Page 76] professionally made and illuminated copy of the text designed to substitute existing rules, including the 1219 Forma Vitae issued by Cardinal Hugolino and the rule of Innocent IV from 1247.9 Clare's own hard-fought for rule, approved in 1253, was initially for the San Damiano community alone and was followed in subsequent decades by a very small group of houses.10 The making of Urban IV's rule, adopted instead by hundreds of communities, has been much discussed, but the survival of this early illuminated copy has gone unnoticed outside the library catalog.11 The manuscript includes the earliest extant sequence known to us showing Clare of Assisi receiving the rule from the pope and in turn taking the profession of her sisters, images designed to legitimize the new order by building ties to its "founder" while yet acknowledging its papal origins. Among extant imagery it is pioneering. The large, illuminated initials have been recognized as painted by Nerius da Rimini and his workshop but the case has never been set out and PUL MS 83 has [End Page 77] not been included in accounts of this artist's production.12 Better known as "Neri," he is a comparatively well-documented manuscript illuminator whose signatures sometimes survive on his work, a rare practice at this date.13Historians of medieval women religious are by now familiar with books produced by women themselves.14 A beautiful manuscript, for example, containing Bonaventure's Legenda Maior of Saint Francis, the Vita beati Antonii and documents relating to the Portiuncula indulgence was written in Latin in 1337 by two sisters, Elspet von Amberk and Katerina von Purchausen, perhaps living in the Paradies convent in Diessenhofen (Switzerland).15 Other women have been identified as skilled illuminators.16 The prolific activity of... (shrink)

This volume brings together about 50 scientists and researchers from the four corners of the world to redefine and anticipate tomorrow's values, and reflect on ...

In the Hanafī madhab (school law), al-hukm al-taklifī have been determined in different categories, taking into account that the relevant evidence is conjecture-conclusive in terms of certitude-dalāla and whether the request is binding or not. In general terms, it is stated in the usūlworks that the orders and prohibitions that are fixed with definite evidence are fard and haram, and the binding provisions in which there is suspicion and doubt in their evidence are wājib and tahrīman makrūh. However, (...) some “fards” have been identified, which have stronger effects than “wājib” in the Hanafi fiqh doctrine, and which are subject to suspicion and doubt in their evidence, and therefore there is disagreement about their ruling among fiqh scholars. The Hanafī jurists of the later period adopted the concept of “al-fard al-amalī (al-zannī)” for such judgments. In addition, while examining the propositional provisions in the Hanafī Usūl literature, the wājib is generally compared with the fard. However, in some of the later usūl works and in many other issues in fiqh, wājib is compared with sunnah, and its connection with sunnah or its distinction from sunnah is considered as an important issue. In this article, it is aimed to clarify the nature of the “al-fard al-amalī”, which expresses an intermediate category in the classification of propositional provisions in the Hanafī school, and similarly, attention is drawn to the existence of some “haram” in the Hanafī school of which there is doubt. Some of the evaluations made by Hanafi jurists regarding the distinction between wajib and sunnah, taking into account the quality of the evidence, have been discussed and it has been tried to determine what is the ruling of abandoning the muakkad sunnah, which is often not explicitly included in the proposed judgment classifications made depending on the nature of the relevant evidence. In this study, it has been tried to make a comparative and chronological reading between the usūl and furū works in Hanafī school. (shrink)

In _War by Agreement_ (Oxford and New York: Oxford University Press, 2019), Yitzhak Benbaji and Daniel Statman argue that the ‘war convention’ – i.e. the international laws and conventions that are widely accepted to govern the use of force between sovereign states – represents a morally binding contract. On their understanding, the war convention replaces a pre-contractual morality governed by principles that so-called reductive individualists have identified and argued for over the past twenty years. This paper argues that if (...) we take Benbaji and Statman’s contractarian interpretation of the war convention seriously, we have to conclude that its _in bello_ rules have moral force only in contexts where its _ad bellum_ rules were breached non-culpably. While Benbaji and Statman do not attend to this limitation of their argument, it has important ramifications in practice, as it is frequently unclear in the context of war whether one’s adversary is acting in good faith. (shrink)

In his preface to Human, Too Human Nietzsche wrote: ‘My books have been labelled the school of suspicion … ‘ Predicted and desired by Nietzsche, the age of suspicion does seem to be one of the labels that best characterize the century that has just closed. And symptomatically it was used a few decades later in France to describe writers’ interrogations about the novel as a literary genre, its facilities and conventions, its easy determinisms, as well as the exorbitant power (...) of the novelist-demiurge. Is it necessary to recall that the forerunner to the nouveau roman, written by Nathalie Sarraute in the 1930s, was in fact entitled L’Ère du soupçon? It is impossible to emphasize enough this close concordance between philosophical questioning and aesthetic interrogations, particularly in the notion of avant-garde, which is indispensable for thinking about intellectual and political renewal. It is true that the 20th century was the century of the universal declaration of human rights, but also the century of rejection of norms inherited from philosophical, literary, cultural, religious or scientific traditions, which came to be suspected of providing only off-the-peg elements for thought and action at a time when the world was changing and required new forms of thinking. (shrink)

We may sharpen our understanding of legislation by juxtaposing it with other types of legal act. John Gardner attempts to differentiate legislation from legal rulings – an unusual juxtaposition in itself – and his claims about the difference are surprising. Legal rulings are legally binding pronouncements issued by judges – eg ‘A owes B $50 in compensation’. The article queries the analysis advanced by Gardner and endorsed by other accounts. It instead offers an alternative distinction, and in so doing (...) seeks to clarify what legislation is by what it is not. (shrink)

Résumé Le cheminement de la pensée occidentale, depuis plus d’un siècle, a vu : la mort de Dieu, la chute des idéologies politiques qui semblaient avoir pris le relais des valeurs « divines », la solitude de l’individu désorienté. Le malaise de l’individu serait le symptôme d’une remise en question de la notion même d’être humain. En reprenant la critiques de l’humanisme introduite par Nietzsche, Sloterdijk fait ressortir que l’homme aurait échappé à la bestialité par les moyens mêmes qu’il emploie (...) pour apprivoiser les animaux et les mettre à son service. Que dire de ce que la recherche permet actuellement de faire sur l’être humain? La manipulation du vivant a fait émerger la possibilité d’une fabrique de l’être humain. Les choix que nous avons à faire quant au devenir de l’humain restent éminemment politiques. Le terme d’humanisme est complexe : il est deux types d’humanisme. Celui qui conçoit l’humain comme une essence. La seconde forme considère qu’il n’y a pas de nature humaine, que l’on devient humain. Le monde humain est ouvert à la création, mais fragilisé parce que placé sous notre responsabilité. (shrink)