The following article consists of an introduction by the first author, an annotated translation by the second, and then an analysis by the first, of the earliest known Scandinavian response to the Vampire phenomenon of Medvedia in 1732 by Nicolaus Boye, a state-employed physician residing in Stockholm. The translation shows that Boye’s own article, which constitutes a complete refutation of Johann Flückinger’s claims, was meticulously organised, abstracting and arguing against the major themes which he observed in the Visum et (...) Repertum, while the analysis shows that Boye was working under the topical medical theories of the Dutch botanist and physician Herman Boerhaave. The analysis also demonstrates the extent to which Boye’s rationalism in refuting the Visum at Repertum is informed by his Lutheranism and belief in the Day of Judgement, and concludes by showing examples of the impact his work exerted on other academics in the 1730s. (shrink)

ABSTRACTThe role of the image in the third part of Practice in Christianity suggests that Kierkegaard was inspired by Meister Eckhart’s and Johann Tauler’s account of detachment. I argue that Kierkegaard was not only indirectly influenced by Tauler through the works of the Pietistic writers, but also directly inspired by Tauler’s sermons. Particularly striking are similarities to a sermon that was included in the Tauler edition owned by Kierkegaard: the second sermon on the Feast of the Exaltation of the (...) Cross. A comparison of the texts shows how both Tauler and Kierkegaard criticize the mental images their contemporaries hold of Jesus Christ. Both stress the importance of existential kenosis, which they describe as Entbildung of the intellect and the will, and which is an essential part of following Christ in his abasement. Furthermore, they analyze inadequate attempts to imitate Christ in a similar manner. Even though Kierkegaard and Tauler differ with regard to the ontological implications of Entbildung, the ethical implications are the same: one should not retreat from the world, but rather turn to it with a selfless attitude. (shrink)

Foucault’s sodomite’: Damian’s Liber gomorrhianus (1049) reopened. Taking Michel Foucault’s famous statement about the difference between the ‘Medieval sodomite’ and the heteronormative ‘19th century homosexual’ as its cue, this article surveys the discursive source of that statement in the work of Peter Damian (1007–1072) with regard to his obscure, yet consequential text, Liber gomorrhianus (presented in 1049 to Pope Leo IX, preceding the Council of Reims). Drawing on the recent research by Ranft and because Damian is such (...) an understated figure in the corpus of Medieval philosophy, an overview of Damian’s life and work is presented, especially in terms of Damian’s 11th century reforming labour ethics. Only then the article proceeds to reopen Damian’s text, indicating that the ‘Medieval sodomite’ is far removed from an elementary precursor to the modern scientia sexualis homosexual, but is indeed presented by Damian as a complex and gender-inclusive licentious person, within the context of the disintegration of sexual morality (especially within the domains of celibacy and confession) in the middle to late 11th century church and monasteries. Cross-referencing the own translation of the Latin text with the translation of Payer, the article disseminates and critiques the key concepts in Damian’s argument for the summarily deposition of lapsi [fallen priests] and the expulsion of promiscuous monks (and nuns) from the orders, especially with regard to Damian’s concepts of contra-natural and irrational fornication. Pope Leo’s deeply pastoral and insightful answer to Damian ( Ad splendidum nitentis ) is presented in the last part of the article, including his sanctioning of Damian’s complex concept of sodomy, which on that ground, became the conceptual source for the council of Reims (1049), and subsequent Medieval councils dealing with the ‘problem of sodomy’ in the church and monasteries. The canons of those councils were indeed the source of Foucault’s analysis of Medieval sexuality – yet the more fundamental source was Damian’s obscure text. (shrink)

En el presente artículo se analiza la relación filosófica entre la obra de Johann Gottlieb Fichte (1762-1814) y de Friedrich von Hardenberg (Novalis) (1772-1801). En particular se estudia el modo en que uno y otro concibieron el rol de la imaginación (Einbildungskraft) en el marco de sus ideas y pensamientos sobre filosofía. A su vez, este análisis conlleva determinar cuál es el tipo de relación metafísica que ellos establecieron entre los conceptos de lo finito y de lo infinito. Esto (...) último se presenta al interior de una clase particular de filosofía, a saber: el idealismo “de lo” absoluto o de lo finito, por contraposición al dogmatismo filosófico y al idealismo absoluto –encarnado en la filosofía de Hegel. Como consecuencia de este estudio en que se ponen en comparación las posturas de Fichte y de Novalis, se concluye que, para poder comprender de manera coherente sus posiciones, se tiene que resaltar el sentido moral de su pensamiento, en particular respecto de la fuerza de la imaginación en paralelo con los alcances de la facultad de la razón. También se subraya la continuidad de sus planteos respecto de la filosofía crítica y práctica de Kant. (shrink)

To counteract the antinomian tendencies of nineteenth-century secular Protestantism, Søren Kierkegaard turns to Johannes Tauler's sermons, which vividly express a dialectics of works and grace, attacking an inflated asceticism as much as idleness. For reasons of reception history and because of the similarity of the images Kierkegaard and Tauler use, particularly servitude as expressed in Luke 17:10, this article proposes to understand Kierkegaard's account of grace as ‘Taulerian’ rather than ‘Arminian’. To show the intertwined agency of the human and the (...) divine, the article offers a comparative reading of Tauler's two sermons on Cantate Sunday, Kierkegaard's Upbuilding Discourse ‘The Expectancy of an Eternal Salvation’ and the second part of Judge for Yourself. Both Kierkegaard and Tauler design definitory ambiguities for a performative purpose: to help their readers and, respectively, listeners to become receptive to grace by humbling themselves and refraining from fathoming ‘what is not given to be understood’. (shrink)

The ‘confessions of the flesh’ in the central Middle Ages: An expansion of Foucault’s reading in Histoire de la sexualité 1 ( La volonté de savoir ). This article expands Michel Foucault’s (1926–1984) reading of the ‘confessions of the flesh’ in handbooks of penance written during the central Middle Ages in the first volume La volonté de savoir of his (current) four-volume series Histoire de la sexualité. After the posthumous publication of the fourth volume Les aveux de la chair (2018), (...) in which Foucault takes his analysis of the historical foundations of confessional practices in the late 12th century to the first half of the 14th century even further back, to the ‘confessions of the flesh’ in the patristics of the 3rd to the 5th centuries, it has become sensible to illuminate Foucault’s condensed reading of confessional scripts in La volonté de savoir itself. This exposition pertinently applies to Foucault’s correct conclusion that sex was prioritised above all other ‘sins’, ‘vices’, and ‘transgressions’ in central Medieval confessional scripts; therefore, as he famously noted, becoming a ‘seismograph of subjectivity in Christian cultures’. Against this backdrop, it is considered how thinkers from the central Middle Ages themselves reflected on the sacramentalisation of confession after the Fourth Lateran Council of 1215 – since Foucault himself did not substantially elaborate on it. The reflections of three philosophers from the central Middle Ages on the relation between sex, confession and absolution are subsequently presented as an expansion of Foucault’s reading in La volonté de savoir. Firstly, Alan of Lille’s (d.1203) interpretation of the Summae confessorum in his Liber poenitentialis is revisited, concluding that Lille’s perspective was ‘hermeneutical’, in terms of his insistence that the confessor should adjust his interrogations according to seven Aristotelian topoi or detailed questions, designate the context in which the transgression occurred very thoroughly and ‘actively participate’ in the confessional act, rather than simply recording it. Lille’s ‘hermeneutical’ approach to confession is also reflected in Robert Grosseteste’s (ca.1168–1253) De modo confitendi et paenitentias iniungendi, in which a moderate phronetic approach allows for the full discretion of the confessor, rather than following the rigid prescriptions of the Summae confessorum only. Secondly, William of Auvergne’s (ca.1180–1249) contribution to the interpretation of the Summae confessorum in his Poenitentia is indicated in his utilitarian ethics, in which the interests of the ethical ‘other’ is related to the confessing ‘self’: even though matrimony is for Auvergne the only realm where the other’s interests are not necessarily compromised by sexual contact, several considerations regarding ‘improper sex’, precisely within matrimony, apply according to the relevant penitential guidelines. Thirdly, Paul of Hungary’s (ca.1180–1241) De confessione is considered in terms of his reflections on ‘paying sexual debt’, and on the relation between regulated sexual release and the legitimacy of sexual gratification, again within the context of matrimony. Contribution: This article contributes to Foucault-scholarship by elucidating and expanding Foucault’s condensed reading of 13th-century confessional scripts in La volonté de savoir, with reference to the relevant texts of Alan of Lille (d.1203), William of Auvergne (ca.1180–1249) and Paul of Hungary (ca.1180–1241). (shrink)

This article expands Michel Foucault's (1926-1984) reading of the 'confessions of the flesh' in handbooks of penance written during the central Middle Ages in the first volume La volonté de savoir of his (current) four-volume series Histoire de la sexualité. After the posthumous publication of the fourth volume Les aveux de la chair (2018), in which Foucault takes his analysis of the historical foundations of confessional practices in the late 12th century to the first half of the 14th century even (...) further back, to the 'confessions of the flesh' in the patristics of the 3rd to the 5th centuries, it has become sensible to illuminate Foucault's condensed reading of confessional scripts in La volonté de savoir itself. This exposition pertinently applies to Foucault's correct conclusion that sex was prioritised above all other 'sins', 'vices', and 'transgressions' in central Medieval confessional scripts; therefore, as he famously noted, becoming a 'seismograph of subjectivity in Christian cultures'. Against this backdrop, it is considered how thinkers from the central Middle Ages themselves reflected on the sacramentalisation of confession after the Fourth Lateran Council of 1215 - since Foucault himself did not substantially elaborate on it. The reflections of three philosophers from the central Middle Ages on the relation between sex, confession and absolution are subsequently presented as an expansion of Foucault's reading in La volonté de savoir. Firstly, Alan of Lille's (d.1203) interpretation of the Summae confessorum in his Liber poenitentialis is revisited, concluding that Lille's perspective was 'hermeneutical', in terms of his insistence that the confessor should adjust his interrogations according to seven Aristotelian topoi or detailed questions, designate the context in which the transgression occurred very thoroughly and 'actively participate' in the confessional act, rather than simply recording it. Lille's 'hermeneutical' approach to confession is also reflected in Robert Grosseteste's (ca.1168-1253) De modo confitendi et paenitentias iniungendi, in which a moderate phronetic approach allows for the full discretion of the confessor, rather than following the rigid prescriptions of the Summae confessorum only. Secondly, William of Auvergne's (ca.1180-1249) contribution to the interpretation of the Summae confessorum in his Poenitentia is indicated in his utilitarian ethics, in which the interests of the ethical 'other' is related to the confessing 'self': even though matrimony is for Auvergne the only realm where the other's interests are not necessarily compromised by sexual contact, several considerations regarding 'improper sex', precisely within matrimony, apply according to the relevant penitential guidelines. Thirdly, Paul of Hungary's (ca.1180-1241) De confessione is considered in terms of his reflections on 'paying sexual debt', and on the relation between regulated sexual release and the legitimacy of sexual gratification, again within the context of matrimony. CONTRIBUTION: This article contributes to Foucault-scholarship by elucidating and expanding Foucault's condensed reading of 13th-century confessional scripts in La volonté de savoir, with reference to the relevant texts of Alan of Lille (d.1203), William of Auvergne (ca.1180-1249) and Paul of Hungary (ca.1180-1241). (shrink)

This unique anthology from a seminal period of Germany history contains major writings by nine authors, many never before translated into English. Included in this collection of fifteenth-and sixteenth-century works are Erasmus, Martin Luther, Thomas Muntzer, Johann von Tepl, Sebastian Brant, and Rubianus.

Where does the impetus towards ethical theory come from? What drives humans to make values explicit, consistent, and discursively justifiable? This paper situates the demand for ethical theory in human life by identifying the practical needs that give rise to it. Such a practical derivation puts the demand in its place: while finding a home for it in the public decision-making of modern societies, it also imposes limitations on the demand by presenting it as scalable and context-sensitive. This differentiates strong (...) forms of the demand calling for theory from weaker forms calling for less, and contexts where it has a place from contexts where it is out of place. In light of this, subjecting personal deliberation to the demand turns out to involve a trade-off. (shrink)

Examines men's efforts to escape from the fear of death by performing acts of human wickedness through socially-sanctioned institutions.

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.

From climate change to fossil fuel dependency, from the uneven effects of natural disasters to the loss of biodiversity: complex socio-environmental problems indicate the urgency for cross-disciplinary research into the ways in which the social, the natural and the technological are ever more entangled. This ground breaking text moves between environmental sociology and environmental geography, political and social ecology and critical design studies to provide a definitive mapping of the state of environmental social theory in the age of the anthropocene. (...) Environments, Natures and Social Theory provokes dialogue and confrontation between critical political economists, actor network theorists, neo-Malthusians and environmental justice advocates. It maps out the new environmental politics of hybridity moving from hybrid neo-liberals to end times ecologists, from post environmentalists to cyborg eco-socialists. White, Rudy and Gareau insist on the necessity of a critical but optimistic hybrid politics, arguing that a more just, egalitarian, democratic and sustainable anthropocene is within our grasp. This will only be brought into being, however, by reclaiming, celebrating and channeling the reconstructive potential of entangled hybrid humans as inventive hominids, creative gardeners, critical publics and political agents. Written in an accessible style, Environments, Natures and Social Theory is an essential resource for undergraduate and postgraduate students across the social sciences. (shrink)

Drawing from religion and the human sciences, particularly psychology after Freud, the author attempts to demonstrate that the fear of death is man's central ...

In this paper, I present an interpretation of Kant’s view that reason’s hypostasis of the idea of a sum-total of reality is dogmatic and illegitimate. In the section on the ‘Transcendental Ideal’, the second section of the Ideal of Pure Reason chapter in the Critique of Pure Reason, Kant starts by describing reason’s procedure from the affirmation of the principle of thoroughgoing determination to the hypostasis in question. According to the interpretation I defend, the argument for hypostasis deployed in this (...) section constitutes an improvement upon an argument defended by the pre-critical Kant himself in his 1673 essay “The Only Possible Argument in Support of a Demonstration of the Existence of God”. By making reference to the concept of omnitudo realitatis, the argument in the ‘Transcendental Ideal’ section presents a much more radical and convincing interpretation of the thesis that ‘possibility presupposes actuality’. Second, I present transcendental idealism and its related distinction between objects of sense and objects in general as the main dissuasive argument of the critical philosopher against hypostasis. Finally, I consider an argument against hypostasis that is independent of transcendental idealism: the threat of set-theoretical paradoxes if we hypostatize the relevant idea, intended as the concept of an absolutely comprehensive totality. (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)

The present study aimed at investigating the heavy metals concentrations in the soils around “Larga de Sus” abandoned mine, evaluating the potential ecological risk of heavy metal pollution and highlighting ethical aspects related to risk assessment, ecological restoration, and soil remediation. The results of the chemical analysis showed that the soil in the study area is highly polluted with heavy metals since the average concentrations of Pb, and Ni in soil exceed their corresponding threshold established by the Romanian legislation. The (...) potential ecological risk index method developed by Hakanson was used to assess the potential risk of heavy-metal pollution. The results indicated that Pb and Ni showed severe and considerable potential ecological risk, while Cr had lightly ecological risk. In this case, remediation should be focused only on Pb or on all heavy metals even if they have lightly ecological risk? A scientific management technique cannot logically prescribe which choices should be selected. The interaction between human activity and the environment is complicated and difficult to quantify and risk management cannot and should not be based simply on risk assessment results. What is needed to make the right choice of the most appropriate alternative that fits our personality, culture, religion, and desires? The moral and ethical implications of ecological restoration and soil remediation have to be incorporated within the decision-making process in order to make optimum sustainable decisions and to achieve real environmental protection. (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 first to explain how two fairly recent developments in philosophy, externalism and modalism, provide the basis for a promising account of knowledge, and then works through the different modalized epistemologies extant in the literature, assessing their strengths and weaknesses. Finally, the author proposes the theory that knowledge is reliably formed, sensitive true belief, and defends the theory against objections.

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)

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.

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)

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)

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 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.

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)

Chapter One THE MAN-APES A Lesson for Thomas Hobbes Probably the most exciting development in modern anthropology is the discovery of the australopithecines ...

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)

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)

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)

Pars 1. Contemplativa -- Pars 2. Activa.

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)

Blair's account, like the intelligence field in general, treats many distinct constructs as if they were practically interchangeable – this is not self-evident. Paradigm integration and rationalization of redundant nomenclature are important for the continued development of understanding. The prior task is to demonstrate where synonymity of constructs across paradigms occurs, and where it fails. We present arguments why this is the case. (Published Online April 5 2006).

Researchers rely on psychometric principles when trying to gain understanding of unobservable psychological phenomena disconfounded from the methods used. Psychometric models provide us with tools to support this endeavour, but they are agnostic to the meaning researchers intend to attribute to the data. We define method effects as resulting from actions which weaken the psychometric structure of measurement, and argue that solution to this confounding will ultimately rest on testing whether data collected fit a psychometric model based on a substantive (...) theory, rather than a search for a model that best fits the data. We highlight the importance of taking the notions of fundamental measurement seriously by reviewing distinctions between the Rasch measurement model and more generalised 2PL and 3PL IRT models. We then present two lines of research that highlight considerations of making method effects explicit in experimental designs. First, we contrast the use of experimental manipulations to study measurement reactivity during the assessment of metacognitive processes with factor-analytic research of the same. The former suggests differential performance-facilitating and -inhibiting reactivity as a function of other individual differences, whereas factor-analytic research suggests a ubiquitous monotonically predictive confidence factor. Second, we evaluate differential effects of context and source on within-individual variability indices of personality derived from multiple observations, highlighting again the importance of a structured and theoretically grounded observational framework. We conclude by arguing that substantive variables can act as method effects and should be considered at the time of design rather than after the fact, and without compromising measurement ideals. (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)

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)

Plotinus on the Soul is a study of Plotinus' psychology, which is arguably the most sophisticated Platonist theory of the soul in antiquity. Plotinus offers a Platonist response to Aristotelian and Stoic conceptions of the soul that is at the same time an innovative interpretation of Plato's Timaeus. He considers the notion of the soul to be crucial for explaining the rational order of the world. To this end, he discusses not only different types of individual soul but also an (...) entity that he was the first to introduce into philosophy: the so-called hypostasis Soul. This is the first study to provide a detailed explanation of this entity, but it also discusses the other types of soul, with an emphasis on the human soul, and explains Plotinus' original views on rational thought and its relation to experience. (shrink)

The local opposes the global or the macro opposes the micro and vice versa, respectively. This dialectical relationship further exposes that scales are socially and politically constructed, representative of a phenomena that is relational, and is thus of important consideration in analysis beyond simple labeling. That is, scale represents more than ‘size’ and ‘complexity’, but also reveals the relational. It is the relational—the relationship between the ‘global’ and its contents or the ‘local’—which provides for or is wont for analytic complexity (...) and theorizing. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)

Ein Standardwerk, dass aus dem geistigen Leben nicht mehr wegzudenken ist: "In allen Bibliotheken der Welt stehen seine in zahlreiche Sprachen übersetzten Werke. Unzählige Studenten haben mit ihnen gearbeitet. Die hohen Auflagenzahlen beweisen, dass es sich um Standardwerke handelt. Hirschbergers monumentale... "Geschichte der Philosophie"ist aus dem geistigen Leben nicht mehr wegzudenken. Durch Klarheit, Quellennähe und Konzentration auf das Wesentliche übertrifft sie alles Vergleichbare... "(Die Zeit).

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)