This chapter examines the Roman influence on the religious orthodoxy in Ireland and England. It explains that the earliest writers presented the adoption of Christianity as a spiritual rebirth which transcended their physical birth. The chapter also suggests that the earliest of Irish literature can be considered a forceful affirmation of the importance of Christian universality and an indictment of those who refused to acknowledge the significance of this principle or who would undermine it.

The aim of this article is to show that, just as in recent years Cobreros, Egré, Ripley and van Rooij have provided a non-transitive counterpart of classical logic (i.e. one in which all classically acceptable inferences are valid but Cut and other metainferences are not), the same can be done for every Tarskian logic, with full generality. To establish this fact, a semantic approach is taken by showing that appropriate structures can be devised to characterize a non-transitive counterpart of every (...) Tarskian logic, starting from the logical matrices that are usually taken to render them. (shrink)

Since its inception, donor conception practices have been a reproductive choice for the infertile. Past and current practices have the potential to cause significant and lifelong harm to the offspring through loss of kinship, heritage, identity, and family health history, and possibly through introducing physical problems. Legislation and regulation in Australia that specifies that the welfare of the child born as a consequence of donor conception is paramount may therefore be in conflict with the outcomes. Altering the paradigm to a (...) child-centric model, however, impinges on reproductive choice and rights of adults involved in the process. With some lobby groups pushing for increased reproductive choice while others emphasise offspring rights there is a dichotomy of interests that society and legislators need to address. Concepts pertaining to a shift toward a child-centric paradigm are discussed. (shrink)

When offering constructions of political values, it is common to generally strive for unity, i.e., to aim at principled definitions and the reduction of normative conflict. In this article, by contrast, I argue that we should aim to construct broad and conflicting concepts of the central liberal democratic values of liberty and equality. Taking my cue from an under-appreciated debate between Ronald Dworkin and Bernard Williams, I suggest that the demand for unity derives its appeal from a juridical model of (...) political value construction, which assumes the unified perspective of public decision-making. But while this model may be apt for constructing institutional rights, the construction of the political values liberty and equality had better operate according to a political model, which focuses on the perspective of citizens that live in a relationship of political opposition. Not only is there no demand for unity from that perspective, but there is a positive demand for political plurality: we need to draw on broad and conflicting concepts of liberty and equality if we are to respect the claims of fellow citizens with whom we have value-based political disagreements. (shrink)

In Kripke’s classic paper on truth it is argued that by adding a new semantic category different from truth and falsity it is possible to have a language with its own truth predicate. A substantial problem with this approach is that it lacks the expressive resources to characterize those sentences which fall under the new category. The main goal of this paper is to offer a refinement of Kripke’s approach in which this difficulty does not arise. We tackle this characterization (...) problem by letting certain sentences belong to more than one semantic category. We also consider the prospect of generalizing this framework to deal with languages containing vague predicates. (shrink)

Joseph Bracken examines key writings of process-oriented philosophers like Alfred North Whitehead along with systems-oriented thinkers such as Ludwig von Bertalanffy to create a systems-oriented understanding of the God-world relation that serves as a complement to Pope Francis’s reflections on the environmental crisis.

People with disabilities (PWD) comprise a significant part of the population yet experience some of the most profound health disparities. Among the greatest barriers to quality care are inadequate health professions education related to caring for PWD. Drawing upon the expertise of health professions educators in medicine, public health, nursing, social work, and physician assistant programs, this forum showcases innovative methods for teaching core disability skills and concepts grounded in disability studies and the health humanities. Each of the essays offers (...) practical guidance for developing curricular interventions appropriate for students at various levels of training and familiarity with disability to be implemented in classroom discussions, case-based learning, lectures, panels, and clinical simulations across the full spectrum of pre-health and health professions education. (shrink)

Paraconsistent logics are logical systems that reject the classical principle, usually dubbed Explosion, that a contradiction implies everything. However, the received view about paraconsistency focuses only the inferential version of Explosion, which is concerned with formulae, thereby overlooking other possible accounts. In this paper, we propose to focus, additionally, on a meta-inferential version of Explosion, i.e. which is concerned with inferences or sequents. In doing so, we will offer a new characterization of paraconsistency by means of which a logic is (...) paraconsistent if it invalidates either the inferential or the meta-inferential notion of Explosion. We show the non-triviality of this criterion by discussing a number of logics. On the one hand, logics which validate and invalidate both versions of Explosion, such as classical logic and Asenjo–Priest’s 3-valued logic LP. On the other hand, logics which validate one version of Explosion but not the other, such as the substructural logics TS and ST, introduced by Malinowski and Cobreros, Egré, Ripley and van Rooij, which are obtained via Malinowski’s and Frankowski’s q- and p-matrices, respectively. (shrink)

Narrative analysis, creative writing, and interactive reflective writing have been identified as valuable for professional identity formation and resilience among medical and premedical students alike. This study proposes that medical student blogs are novel pedagogical tools for fostering peer-to-peer learning in academic medicine and are currently underutilized as a near-peer resource for premedical students to learn about the medical profession. To evaluate the pedagogical utility of medical student blogs for introducing core themes in the medical humanities, the authors conducted qualitative (...) analysis of one hundred seventy-six reflective essays by baccalaureate premedical students written in response to medical student-authored narrative blog posts. Using an iterative thematic approach, the authors identified common patterns in the reflective essays, distilled major themes, coded the essays, and conducted narrative analysis through close reading. Qualitative analysis identified three core themes and one overarching theme. The premedical students’ essays demonstrated significant self-reflection in response to near-peer works, discussed their perceptions of medical professionalism, and expressed concerns about their future progress through the medical education system. The essays consistently attributed the impact of the medical student narratives to the authors’ status as near-peers. The authors conclude that reading and engaging in reflective writing about near-peer blog posts encourages premedical students to develop an understanding of core concepts in the medical humanities and promotes their reflection on the profession of medicine. Thus, incorporating online blogs written by medical trainees as narrative works in medical humanities classrooms is a novel pedagogical method for fostering peer-to-peer learning in academic medicine. (shrink)

Bracken synthesizes Polanyi’s notion of morphogentic field and Whitehead’s notion of societies of actual occasions. These comments emphasize the implications of the metaphors involved in these notions. The rnetaphor of plants growing in afield lies beyond the concept of a morphogenetic field, and the metaphor of a society of interacting persons lies behind the concept of a society of actual occasions. I suggest that one of the implications of this metaphor is that there is not, as Bracken argues, (...) a problem of continuity in Whitehead’s metaphysics of events. (shrink)

Education is about human flourishing and explores meaning, purpose and values. As a holistic and integral practice for developing sustained attention and concentration, education is profoundly antithetical to the market and it is not a technological domain. The combination of markets and technology in the pursuit of efficiency destroys the potential of education to help societies nurture well-being. This book dives deeply into the overlapping crises of education today. The author draws on decades of experience and many disciplines to celebrate (...) the spirit of education and to frame it as a gift. (shrink)

Infectious logics are systems that have a truth-value that is assigned to a compound formula whenever it is assigned to one of its components. This paper studies four-valued infectious logics as the basis of transparent theories of truth. This take is motivated as a way to treat different pathological sentences differently, namely, by allowing some of them to be truth-value gluts and some others to be truth-value gaps and as a way to treat the semantic pathology suffered by at least (...) some of these sentences as infectious. This leads us to consider four distinct four-valued logics: one where truth-value gaps are infectious, but gluts are not; one where truth-value gluts are infectious, but gaps are not; and two logics where both gluts and gaps are infectious, in some sense. Additionally, we focus on the proof theory of these systems, by offering a discussion of two related topics. On the one hand, we prove some limitations regarding the possibility of providing standard Gentzen sequent calculi for these systems, by dualizing and extending some recent results for infectious logics. On the other hand, we provide sound and complete four-sided sequent calculi, arguing that the most important technical and philosophical features taken into account to usually prefer standard calculi are, indeed, enjoyed by the four-sided systems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.2 (2002) 187-188 [Access article in PDF] Listening to Foucault Patrick J. Bracken ERICA LILLELEHT'S INTERESTING PAPER combines philosophy, history, service analysis, and social commentary. The philosophical themes are below the surface, implicit rather than explicit. As such the paper echoes the work of Foucault himself. The subjects of his books and other writings ranged from histories of madness and psychiatry, hospitals and medicine, (...) prisons and punishment, to sexuality and ethics. But these were clearly more than histories. In doing what he initially called archaeology and later genealogy, Foucault was writing about different dimensions of how the Western world has come to understand what it is to be human. In Foucault's hands history becomes philosophy. The essence of his work is an invitation to question the project of Enlightenment. However, his interrogation of the legacy of Enlightenment is far from a rejection of reason as has sometimes been claimed. Rather it represents a realization that there are different forms of reason, none of which can claim a place of privilege over others. Foucault challenged the idea that we have to choose to be for or against Enlightenment (Foucault, 1984).Of central concern for him is the idea that knowledge and power imply each other and cannot be separated. This, of course, is anathema to both Marxist and liberal analysts who hold out the idea that truth and ideology are mutually exclusive. The assumption is that if we get the starting point of our analysis right, the truth ("pure and simple") will emerge. For Foucault there are "regimes of truth," discourses through which certain things can be said and statements can be judged as true or false. Such regimes are social products, bound up with the economic, cultural, and political realities of their times. This is not some sort of mindless relativism nor a nihilistic advocacy that, when it comes to knowledge claims, "anything goes." As human beings in an imperfect world we have to struggle continuously toward a better understanding of ourselves and the make-up of this world. As individuals, we have to continue to debate and argue about ideas, facts, and the nature of knowledge. We have to present evidence, argue our case, and prepare to be contradicted as well as supported. This is not in question. Instead, what is involved here is recognition that there is no neutral asocial, acultural, or apolitical vantage point from we can judge the validity of one position over another. Foucault's work nurtures a healthy skepticism of those who claim to have found such a vantage point.Importantly, he rejected the idea that power is always repressive in its nature: working to silence, obscure, and suppress. Particularly in the modern era power is more characteristically productive. Its operations are bound up with the ever-multiplying discourses we produce about ourselves. While increasing scientific knowledge about the human condition appears to represent progress, listening to Foucault means coming to appreciate that things are a great deal more complex. The title of Lilleleht's paper reflects this. At [End Page 187] a time when there is a great deal of talk about "progress" in the area of mental health, her analysis is opportune. Unless we pay attention to the micropolitics of clinical encounters we are at some risk of simply endorsing new forms of professional power. In one light, the psychiatric rehabilitation approach of William Anthony and colleagues appears obviously progressive. It does not depend on the "medical model" and the use of medication and seems genuinely committed to the idea of empowerment. However, with the sort of sensibility engendered through an encounter with Foucault, other issues come into view. Beneath its focus on skills and training we see a very clear normative framework centered on the idea that the person with psychiatric problems should be guided and trained toward fitting in with "his or her particular environment." At stake here is the assumption that the deficit is in the patient. It is he or she who needs to change. Herein lies the issue of power: who is in control of the way in which... (shrink)

This paper presents a novel argument against one theoretically attractive form of panpsychism. I argue that “idealist panpsychism” is false since it cannot account for spacetime’s structure. Idealist panpsychists posit that fundamental reality is purely experiential. Moreover, they posit that the consciousness at the fundamental level metaphysically grounds and explains both the facts of physics and the facts of human consciousness. I argue that if idealist panpsychism is true, human consciousness and the consciousness at the fundamental level will have the (...) same metrical structure. However, as I demonstrate, human consciousness does not exhibit the same metrical structure as spacetime. Consequently, the idealist panpsychist faces an explanatory gap between the fundamental consciousness she posits and spacetime. Idealist panpsychism is incompatible with the existence of such an explanatory gap. Thus, idealist panpsychists must close this explanatory gap (which I argue they lack the resources to do), or idealist panpsychism is false. (shrink)

This paper examines the idea of the integrity of academic practice. We offer an account of the integrity of professional practice in general before applying it to academic professional practice within the contemporary, western university. We then introduce the concept of integrity traps and explain how they can make it difficult for academics working within a contemporary university environment to maintain their integrity.

This paper extends Fitting's epistemic interpretation of some Kleene logics, to also account for Paraconsistent Weak Kleene logic. To achieve this goal, a dualization of Fitting's "cut-down" operator is discussed, rendering a "track-down" operator later used to represent the idea that no consistent opinion can arise from a set including an inconsistent opinion. It is shown that, if some reasonable assumptions are made, the truth-functions of Paraconsistent Weak Kleene coincide with certain operations defined in this track-down fashion. Finally, further reflections (...) on conjunction and disjunction in the weak Kleene logics accompany this paper, particularly concerning their relation with containment logics. These considerations motivate a special approach to defining sound and complete Gentzen-style sequent calculi for some of their four-valued generalizations. (shrink)

This collection of essays examines urban communities and societies in Asia and the West to shed much-needed light on issues that have emerged as the world experiences its new urban turn. An urbanized world should be an improving place, one that is better to live in, one where humans can flourish. This book examines contemporary practices of care of the self in cities in Asia and the West, including challenges to citizenship and even the right to the city itself. Written (...) by a range of academics from different backgrounds (from architecture and urbanism, anthropology, social science, psychology, gender studies, history, and philosophy) their trans- and multidisciplinary approaches shed valuable light on what are sometimes quite old problems, leading to fresh perspectives and news ways of dealing with them. One thing that unites all of these papers is their people-centred approach, because, after all, a city is its people. (shrink)

This paper argues that human motility is essentially bound up in a pre-reflective being-in-the-world, and that contemporary science seems to bear out some of Merleau-Ponty's phenomenological explorations in this area.

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

The concept of vulnerability is widely used in research ethics to signal attention to participants who require special protections in research. However, this concept is vague and under‐theorized. There is also growing concern that the dominant categorical approach to vulnerability (as exemplified by research ethics regulations and guidelines delineating vulnerable groups) is ethically problematic because of its assumptions about groups of people and is, in fact, not very guiding. An agreed‐upon strategy is to move from categorical towards analytical approaches (focused (...) on analyzing types and sources of vulnerability) to vulnerability. Beyond this agreement, however, scholars have been advancing competing accounts of vulnerability without consensus about its appropriate operationalization in research ethics. Based on previous debates, we propose that a comprehensive account of vulnerability for research ethics must include four components: definition, normative justifications, application, and implications. Concluding that no existing accounts integrate these components in a functional (i.e., practically applicable) manner, we propose an integrative and functional account of vulnerability inspired by pragmatist theory and enriched by bioethics literature. Using an example of research on deep brain stimulation for treatment‐resistant depression, we illustrate how the integrative‐functional account can guide the analysis of vulnerability in research within a pragmatist, evidence‐based approach to research ethics. While ultimately there are concerns to be addressed in existing research ethics guidelines on vulnerability, the integrative‐functional account can serve as an analytic tool to help researchers, research ethics boards, and other relevant actors fill in the gaps in the current landscape of research ethics governance. (shrink)

How should business deal with society's increasing demands for ethical and social responsibility? In plain language this book considers these and other ethical questions of direct relevance to business in the 1990s. It discusses the nature of ethics, ethical reasoning, the use of stakeholder analysis, and other central concepts used in business ethics. Using mainly, but not exclusively, Australian cases and specific examples, the book covers issues such as fairness in business dealings, advertising ethics, discrimination, and codes of ethics.

This book sets out in plain language ethical questions of direct relevance to business today. This new edition expands the range of issues covered and includes a chapter on international business ethics, drawing extensively from Asian examples.

In this new book, Fr. Damian Ference proposes a more precise lens for decoding Flannery O'Connor's narrative art, one that originates in O'Connor's own words about herself: Hillbilly Thomism. The author examines the various ways in which St. Thomas Aquinas and the philosophical tradition of Thomism shaped not only O'Connor's view of reality but also the stories she told to help us see and know it."--from inside front flap.

This paper argues that Nietzsche is a critic of just the kind of genealogical debunking he is popularly associated with. We begin by showing that interpretations of Nietzsche which see him as engaging in genealogical debunking turn him into an advocate of nihilism, for on his own premises, any truthful genealogical inquiry into our values is going to uncover what most of his contemporaries deem objectionable origins and thus license global genealogical debunking. To escape nihilism and make room for naturalism (...) without indiscriminate subversion, we then argue, Nietzsche targets the way of thinking about values that permits genealogical debunking: far from trying to subvert values simply by uncovering their origins, Nietzsche is actively criticising genealogical debunking thus understood. Finally, we draw out the consequences of our reading for Nietzsche’s positive vision. (shrink)

Panpsychists aspire to explain human consciousness, but can they also account for the physical world? In this paper, I argue that proponents of a popular form of panpsychism cannot. I pose a new challenge against this form of panpsychism: it faces an explanatory gap between the fundamental experiences it posits and some physical entities. I call the problem of explaining the existence of these physical entities within the panpsychist framework “the missing entities problem.” Spacetime, the quantum state, and quantum gravitational (...) entities constitute three explanatory gaps as instances of the missing entities problem. Panpsychists are obliged to solve all instances of the missing entities problem; otherwise, panpsychism cannot be considered a viable theory of consciousness. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

This article has two purposes. The first is to show how one can know in a simple way what is an ordinary and obligatory means to care for a person with a serious illness. Using the information at hand, one must be able to answer yes to each of these three questions: “Is this the ordinary, usual, or valid way of treating this illness?” “Is it working?” “Is it within the capacity of the patient to undergo and of the caregivers (...) to administer?” The second purpose of the article is to show the moral validity of these questions, using a historical overview of theological and magisterial teaching and a systematic analysis and moral testing of the three questions. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

This paper articulates a conception of organizational justice based on the promise of a mode of organizing that does not violate the particularity of each and every other person. It argues that the decisive condition for such a form of justice resides in the realities of the cultural practices of an organization as they are apparent in the conduct of people in relation to multiple others. These are practices that can only seek justification in the primary right of each person (...) to be regarded with absolute alterity. It also argues that a degree of violence is unavoidable within any practical ordering of justice and that any consideration of ethics and justice in organizations must account for such violence and seek to negotiate its existence on ethical terms. The organizational justice that is referred to is one sensitive to the exercise of its own power and authority in the context of its unavoidable violation of its basis in ethics. This is a justice that is ethically necessary, but is never sure of itself. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

I define two metaphysical positions that anti-physicalists can take in response to Jonathan Schaffer’s ground functionalism. Ground functionalism is a version of physicalism where explanatory gaps are everywhere. If ground functionalism is true, arguments against physicalism based on the explanatory gap between the physical and experiential facts fail. In response, first, I argue that some anti-physicalists are already safe from Schaffer’s challenge. These anti-physicalists reject an underlying assumption of ground functionalism: the assumption that macrophysical entities are something over and above (...) the fundamental entities. I call their position “lightweight anti-physicalism.” Second, I go on to argue that even if anti-physicalists accept Schaffer’s underlying assumption, they can still argue that the consciousness explanatory gap is especially mysterious and thus requires a special explanation. I call the resulting position “heavyweight anti-physicalism.” In both cases, the consciousness explanatory gap is a good way to argue against physicalism. (shrink)

En este artículo propondremos, discutiremos y formalizaremos criterios gracias a los cuales podría legítimamente decirse que una inferencia o argumento es analítico o sintetico. Para ello, necesitaremos discutir la noción de asunto de una oración o fórmula, que será crucial en la determinación del carácter analítico o sintético de las inferencias. En el curso de dicha discusión, intentaremos mostrar que hay un interés filosófico en considerar semánticas para sistemas de lógica que admiten valores de verdad sin sentido, para lo cual (...) haremos uso esencial de dos sistemas de “Lógicas del Sinsentido” introducidos por Dimitri Bochvar y Sören Halldén, respectivamente. El interés de considerar sistemas con semánticas de este tipo reside en que, bajo ciertas condiciones, dichos sistemas podrán ser tenidos por analíticos, o sintéticos. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)