What formulas are tense-logically valid depends on the structure of time, for example on whether it has a beginning. Logicians have investigated what formulas correspond to what physical hypotheses about time. Analogously, we can investigate what formulas of modal logic correspond to what metaphysical hypotheses about necessity. It is widely held that physical hypotheses about time may be contingent. If so, tense-logical validity may be contingent. In contrast, validity in modal logic is typically taken to be non-contingent, as reflected by (...) the general acceptance of the so-called “rule of necessitation.” But as has been argued by various authors in recent years, metaphysical hypotheses may likewise be contingent. If, in particular, hypotheses about the extent of possibility are contingent, we should expect modal-logical validity to be contingent too. Let “contingentism” be the view that everything that is not ruled out by logic is possible. I shall investigate what the right system of modal logic is, if contingentism is true. Given plausible assumptions, the system contains the McKinsey principle, and is thus not even contained in S5. It also contains simple and elegant iteration principles for the contingency operator: something is contingent if and only if it is contingently contingent. (shrink)

In their recent article, Brown et al analyse several ethical aspects around immunity passports and put forward some recommendations for implementing them. Although they offer a comprehensive perspective, they overlook two essential aspects. First, while the authors consider the possibility that immunological passports may appear to discriminate against those who do not possess them, the opposite viewpoint of immune people is underdeveloped. We argue that if a person has been tested positive for and recovered from COVID-19, becoming immune to it, (...) she cannot be considered a hazard to public health and, therefore, the curtailment of her fundamental rights is not legitimate. Second, they omit that vaccine distribution will create similar problems related to immunity-based licenses. Vaccine certificates will de facto generate a sort of immunity passport. In the next phases of the pandemic, different immunity statuses will be at stake, because the need to identify who can spread COVID-19 is unavoidable. If a person does not pose a threat to public health because she cannot spread the infection, then her right to freedom of movement should be respected, regardless of how she acquired that immunity. (shrink)

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and (...) communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept. (shrink)

O presente artigo representa o esforço por parte do seu autor de nos apresentar, de forma coerente e sucinta, o significado do que seja uma verdadeira Teona Económica, teoria esta que no caso presente se baseia em resultados obtidos pelo autor ao longo da sua vida de investigador no âmbito das ciências económicas e que fundamentalmente se referem à estrutura e à natureza das próprias construções teóricas comprovadamente funcionais no âmbito da economía. Nesse sentido, o presente contributo consiste numa formulação (...) atenta e num exame cuidadoso de quais possam, ou devam, realmente ser as questões filosóficas suscitadas pela Teoria Económica ou simplesmente pelos factos da economia. Entre outros aspectos, a posição subjacente ao artigo é a de que urna interrogação filosófica acerca da economia não se pode dispensar do esforço de articular de modo claro, preciso e inteiramente coerente com a realidade do que seja o saber científico acerca da actividade económica no seu conjunto as questões que neste caso realmente fazem sentido e, por isso, merecem realmente ser tidas em conta. This article results from the authors effort to present us, in a coherent and succinct way, the meaning of what may be considered as a true Theory of Economics; a theory which, in this case, is based on the results gathered by the author throughout his life as researcher in the field of economics, and which, basically, concerns the structure and the nature of the theoretical constructions themselves, which have proved to be functional in the realm of the science of economics. Having that in mind, the article consists in an attentive definition, and in a careful examination, of that which can or should really be identified as proper philosophical questions suggested by the Theory of Economics or rather, simply, by the facts of the economic life. Among other aspects, the author's position converges on the idea that a philosophical interrogation concerning economics cannot avoid the effort of articulating the issues which, in this case, really make sense and, because ofthat, deserve to be seriously taken into account. Moreover, for the author of the article, such an effort needs to be done in a clear, precise and entirely coherent way with the reality ofthat which is recognized as scientific knowledge in economics as a whole. (shrink)

This chapter contains sections titled: Introduction The Ideal Form of Mutual Recognition Hegel's State of Nature De Facto Authority De Jure Authority Legitimate Authority Constitutional Authority Conclusion Notes References.

Expertise is commonly viewed as a professionalized competence in a specific field. Expert professional identities are produced and reproduced through professional training and other socialization mechanisms, which work to generate for a specific group of individuals a specific set of expert skills and knowledge. In this paper, I examine participants’ orientations to their distinct expert professional identities from the perspective of deontic authority. Drawing on 15 video-recorded church workplace meetings between pastors and cantors as data, and conversation analysis as (...) a theoretical and methodological framework, I analyze situations where a non-expert participant makes a proposal that the expert participant orients to as reasonable to comply with. Specifically, I demonstrate how the expert participants respond to these proposals with displays of deontic authority, arguably in an attempt to maintain their expert identities in the face of their de facto compliance with the proposals. In these situations, the expert participants are shown to invoke a past decision of their own, a future decision of their own, or a pattern that is beyond both participants’ control. Each of these practices involves the expert participant balancing resistance and compliance by minimally acknowledging the content of the non-expert participant’s proposal, while excluding the non-expert from those who have deontic authority in the matter. In so doing, the expert speaker implies that the non-expert proposal speaker lacks procedural knowledge about the specific matters about which it is relevant to make proposals to experts and access to the distinct experiential perspective that characterizes expert perception of things. It is thus argued that, in this context, the mere claims of deontic authority, produced without any substantial displays of expert knowledge, can serve the maintenance of expert professional identities. (shrink)

Ludvig Beckman’s The Boundaries of Democracy offers a sophisticated account of the boundary problem, developing a version of the all-subjected principle understood to involve relations of ‘de facto authority’. I explain the central claims of the book, raise some problems, and suggest some ways in which I think the account could be fruitfully further developed.

Raz holds that necessarily all legal authorities, even de facto authorities, make a claim to legitimate authority. He does not say that legitimacy is a necessary property of law. This view, which I call the claim view, constitutes my focal point in this paper. Many commentators have criticized this view. I discuss and dismiss three critiques of the claim view: the verification critique (the claim view is not empirically confirmed), the legalistic critique (law claims legal authority, not (...) moral authority), and the semantic critique (legal obligations are semantically distinct from moral obligations). I submit that Raz equates the meaning of legal duties with that of moral duties and yet denies that legal statements entail moral propositions. In other words, I distinguish the semantic identity thesis from the semantic entailment thesis. Instead of a semantic interpretation of the claim view, I defend a presuppositional ascription of a general claim to moral authority to authoritative duty‐imposing and normatively committed uses of legal language by official spokesmen. I show that law’s claim to authority does not prove the truth of the sources thesis, because conceptual confusion or insincerity can affect the epistemic reliability of the propositions embodied in the claim, and because blatant immorality can altogether cancel law’s pragmatically presupposed claim to moral authority. I also argue that the claim view can only warrant two qualified versions of exclusive legal positivism, one of which is almost tautological, the other self‐contradictory. Finally, I suggest that exclusive legal positivism cannot be defended on conceptual grounds. (shrink)

Joseph Raz’s _Argument from Authority_ is one of the most famous defences of exclusive positivism in jurisprudence, the position that the existence and content of the law in a society is a wholly social fact, which can be established without the need to engage in moral analysis. According to Raz’s argument, legal systems are _de facto_ practical authorities that, like all _de facto_ authorities, must claim _legitimate_ authority, which itself entails that they must be _capable_ of being an (...) class='Hi'>authority. Further, once we properly understand what constitutes practical authority, as captured by Raz’s _service conception_, we realise that the directives of any authority (including the law) must be wholly identifiable without recourse to moral analysis. While the argument has previously been criticised on the grounds that the law does not claim legitimate authority, and further that the service conception of authority itself is inadequate, we argue here that the argument is actually in a worse position than these concerns recognise, for it relies upon the mistaken principle that a sincere belief or claim that _p_ guarantees _p_’s conceptual possibility. (shrink)

This book provides a general theory of democratic inclusion for the present world. It presents an original contribution to our understanding of the democratic ideal by explaining how democratic inclusion can apply to individuals in a variety of contexts: the workplace, social clubs, religious institutions, the family and, of course, the state. The book explores the problem of democratic inclusion, what it means to be subject to de facto authority, how this conception translates into legal systems and the (...) relationship between territorial claims by the state, and law's claim to legitimate authority. The volume will be of interest to scholars and researchers of politics, especially political theory and democracy. (shrink)

When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against (...) interference in matters `essentially' within a state's domestic jurisdiction. Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism', with some expansively proclaiming the emergence of an international `right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy. This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy. The inquiry establishes that the category of `illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficient determinacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of `democratic governance,' nor would such a norm serve the purposes of the scheme of sovereign equality of states embodied in the United Nations Charter. (shrink)

Resumen Debido a la polisemia que la complejidad exhibe, se pretenden exponer las distintas posturas, definiciones, descripciones y debates acerca de esta, a la luz de lo descrito por Carlos Maldonado, Edgar Morin, Ilya Progogine, Murray Gell-Mann, Leonardo Rodríguez y Julio Aguirre, quienes comportan un principio dialógico y translúcido, que integraría la lógica clásica teniendo en cuenta sus límites de facto y de jure, que además llevaría en sí el principio de la Unitas Multiplex, que escapa a la unidad (...) abstracta por lo alto y por lo bajo. Luego de la presentación de las posturas de los autores mencionados se pasa a describir los encuentros y desencuentros que de estos aparecen sobre este concepto; y finalizar al proponer una definición y caracterización personal de la complejidad.Due to the polysemy of Complexity, it is intended to expose different postures, definitions, descriptions and debates about It, in the light of what was described by Carlos Maldonado, Edgar Morin, Ilya Prigogine, Murray Gell-Mann, Leonardo Rodríguez and Julio Aguirre. For them it implies a dialogical and translucent principle that would integrate classical logic considering its de facto and de jure limits, and that in addition would take in himself the principle of Unitas Multiplex that escapes to the abstract unity by the high and by the low. After the presentation of the positions of the mentioned authors the paper goes on to describe encounters and disagreements about this concept finally proposing a definition and characterization of complexity. (shrink)

The tension between Kant’s egalitarian conception of persons as ends in themselves and his rejection of the right of revolution has been widely discussed. The crucial issue is more fundamental: Is Kant’s defense of absolute obedience consistent with his own principle of legitimate law, that legitimate law is compatible with the Categorical Imperative? Resolving this apparent inconsistency resolves the subsidiary inconsistencies that have been debated in the literature. I argue that Kant’s legal principles contain two distinct grounds of obligation to (...) obey political authority. One lies in his metaphysical principles of law, according to which there is only a duty to obey legitimate law or fully legitimate authorities. Another lies in his moral-pragmatic principles. He believes that membership in the state helps improve one’s character by counter-balancing one’s immoral inclinations. This is his ultimate ground for obedience to de facto, imperfectly legitimate states. On this ground, the duty to obey an actual state is conditional. Kant’s strong statements about the duty to obey actual states is explained by the ease with which he thinks the relevant condition is met by extant states. The apparent ambiguities in his discussion of obedience point to some important philosophical and historical shortcomings of his analysis of the division of govemmental powers and of judicial competence which hamper his analysis of the duty to obey the state. (shrink)

Several contemporary philosophers have argued that democracy earns its moral keep in part by rendering political authority compatible with social or relational equality. In a recent article in this journal, Alexander Motchoulski examines these relational egalitarian defenses of democracy, finds the standard approach wanting, and advances an alternative. The standard approach depends on the claim that inequality of political power constitutes status inequality (the ‘constitutive claim’). Motchoulski rejects this claim on the basis of a theory of social status: once (...) you see what social status is, Motchoulski thinks, the constitutive claim is a non-starter. In its place, Motchoulski suggests that relational egalitarians can and should content themselves with a defense of democratic institutions on the basis of a causal-instrumental link between equality of political power and equality of social relations. In this reply, I advance three main claims. First, relational egalitarians have good reason to hope for a defense of the constitutive claim, since that claim is required if relational equality is to vindicate the intrinsic value of democracy. Second, Motchoulski’s argument against the constitutive claim fails, because it depends on conflating one species of social status for the genus as a whole. Finally, I argue that the constitutive claim is trivially true for one kind of status, namely de facto authority, but, since equality of that kind of status is not intrinsically valuable, this does not amount to a defense of the intrinsic value of democracy. (shrink)

Moderata Fonte's dialogueThe Worth of Women(1600) contains stinging critiques of marriage and the dowry system as well as of women's inequality. I argue that Fonte's critique of male dominance, particularly in marriage, employs a modern method of argument, which anticipates the later contractarian critiques of political authority. Given that women are naturally men's equals, Fonte argues that men's de facto authority over women is illegitimate and based on force. Moreover, by treating marriage as an artificial institution rather (...) than as a natural institution, Fonte anticipates later feminist arguments that criticize the modern contract tradition for its failure to extend its critique of other forms of authority to patriarchal marriage, instead positing a natural basis for women's subordination to men. In light of this history, Fonte's critique of patriarchy is especially interesting: it challenges the patriarchal family structure and the institutions that collude to diminish women's agency, and this challenge to male authority is similar to later (male) challenges to de facto political authority. (shrink)

The tension between Kant’s egalitarian conception of persons as ends in themselves and his rejection of the right of revolution has been widely discussed. The crucial issue is more fundamental: Is Kant’s defense of absolute obedience consistent with his own principle of legitimate law, that legitimate law is compatible with the Categorical Imperative? Resolving this apparent inconsistency resolves the subsidiary inconsistencies that have been debated in the literature. I argue that Kant’s legal principles contain two distinct grounds of obligation to (...) obey political authority. One lies in his metaphysical principles of law, according to which there is only a duty to obey legitimate law or fully legitimate authorities. Another lies in his moral-pragmatic principles. He believes that membership in the state helps improve one’s character by counter-balancing one’s immoral inclinations. This is his ultimate ground for obedience to de facto, imperfectly legitimate states. On this ground, the duty to obey an actual state is conditional. Kant’s strong statements about the duty to obey actual states is explained by the ease with which he thinks the relevant condition is met by extant states. The apparent ambiguities in his discussion of obedience point to some important philosophical and historical shortcomings of his analysis of the division of govemmental powers and of judicial competence which hamper his analysis of the duty to obey the state. (shrink)

This essay explores the relation between democracy and social equality. It critically evaluates the relational egalitarian view that democracy is necessary for full social equality and that democracy is an important constituent of social equality. On such a view, inequalities in power an de facto authority are taken, in certain circumstances, to constitute a form of social inequality. On the basis of a series of cases, I argue that such a view is mistaken, and that political inequalities are, (...) at best, empirically and contingently related to social inequality. I argue that what is primarily wrong with inequalities in power and de facto authority is not that, in certain circumstances, they constitute a form of social inequality, but rather that they can be used to extract greater consideration for those with greater power. (shrink)

Resumen Debido a la polisemia que la complejidad exhibe, se pretenden exponer las distintas posturas, definiciones, descripciones y debates acerca de esta, a la luz de lo descrito por Carlos Maldonado, Edgar Morin, Ilya Progogine, Murray Gell-Mann, Leonardo Rodríguez y Julio Aguirre, quienes comportan un principio dialógico y translúcido, que integraría la lógica clásica teniendo en cuenta sus límites de facto y de jure, que además llevaría en sí el principio de la Unitas Multiplex, que escapa a la unidad (...) abstracta por lo alto y por lo bajo. Luego de la presentación de las posturas de los autores mencionados se pasa a describir los encuentros y desencuentros que de estos aparecen sobre este concepto; y finalizar al proponer una definición y caracterización personal de la complejidad.Due to the polysemy of Complexity, it is intended to expose different postures, definitions, descriptions and debates about It, in the light of what was described by Carlos Maldonado, Edgar Morin, Ilya Prigogine, Murray Gell-Mann, Leonardo Rodríguez and Julio Aguirre. For them it implies a dialogical and translucent principle that would integrate classical logic considering its de facto and de jure limits, and that in addition would take in himself the principle of Unitas Multiplex that escapes to the abstract unity by the high and by the low. After the presentation of the positions of the mentioned authors the paper goes on to describe encounters and disagreements about this concept finally proposing a definition and characterization of complexity. (shrink)

Una revisión somera de la teorí­a contemporánea de la democracia ofrece el siguiente panorama: por un lado, una valoración positiva de la forma efectiva de la democracia, es decir, la democracia liberal y representativa porque provee estabilidad, se respetan las libertades y tienen altos niveles de legitimidad; y, por el otro, una crí­tica de la democracia por ineficiente, representativa y no participativa y por liberal en oposición a social. El problema, evidentemente, es el siguiente: la democracia, ¿podrí­a ser como deberí­a (...) ser o sólo puede ser como de hecho es? Evidentemente, no se puede ofrecer a esta pregunta una respuesta definitiva y, en su lugar, se revisan los argumentos de aquellos autores que defienden a la democracia liberal y representativa como la única forma de gobierno posible en el mundo moderno con la intención de determinar si tienen o no razón, es decir, si la democracia representativa y liberal es, en efecto, la única forma de democracia posible. Dos ejemplos clásicos de esta tesis se encuentran en las obras de Publius y Alexis de Tocqueville."œThe conditions of a possible democracy: The Federalist and Tocqueville"A superficial review of the contemporary theory of democracy ofers the following panorama. On the one hand, a positive appraisal of the efective form of democracy, that is, liberal and representative democracy because it provides stability, freedom is respected and there are high levels of justice. On the other, a criticism of democracy for being ineficient, representative and non-participatory, and for being liberal in opposition to social. Obviously the problem is the following: could democracy be what it should be or can it only be de facto? Obviously a definite answer cannot be given to this question and, instead, the arguments of those authors who defend liberal and representative democracy as the only possible form of government in the modern world are revised with the intention of determining whether they are right or not, that is, if representative and liberal government is, in efect, the only form of possible government. Two classic examples of this thesis are found in the works of Publius and Alexis de Tocqueville. (shrink)

Resumen Debido a la polisemia que la complejidad exhibe, se pretenden exponer las distintas posturas, definiciones, descripciones y debates acerca de esta, a la luz de lo descrito por Carlos Maldonado, Edgar Morin, Ilya Progogine, Murray Gell-Mann, Leonardo Rodríguez y Julio Aguirre, quienes comportan un principio dialógico y translúcido, que integraría la lógica clásica teniendo en cuenta sus límites de facto y de jure, que además llevaría en sí el principio de la Unitas Multiplex, que escapa a la unidad (...) abstracta por lo alto y por lo bajo. Luego de la presentación de las posturas de los autores mencionados se pasa a describir los encuentros y desencuentros que de estos aparecen sobre este concepto; y finalizar al proponer una definición y caracterización personal de la complejidad.Due to the polysemy of Complexity, it is intended to expose different postures, definitions, descriptions and debates about It, in the light of what was described by Carlos Maldonado, Edgar Morin, Ilya Prigogine, Murray Gell-Mann, Leonardo Rodríguez and Julio Aguirre. For them it implies a dialogical and translucent principle that would integrate classical logic considering its de facto and de jure limits, and that in addition would take in himself the principle of Unitas Multiplex that escapes to the abstract unity by the high and by the low. After the presentation of the positions of the mentioned authors the paper goes on to describe encounters and disagreements about this concept finally proposing a definition and characterization of complexity. (shrink)

According to Joseph Raz's sources thesis, the existence and content of authoritative directives must be identifiable by resort to the social fact of their provenance from a de facto authority, without regard to any of the normative considerations that the authority in question is supposed to rely on in its judgment. This article argues that the sources thesis fails to account for the role of jurisdictional considerations (namely, considerations about the scope of a de facto (...) class='Hi'>authority's power) in the identification of valid law. It examines a legal system with a legislature and courts and a practice of constitutional review of legislation by the courts for its conformity with fundamental rights and argues that the special normative status of (at least some) authoritative directives in this legal system depends on respect for jurisdiction. An assessment of whether an authority has stayed intra vires involves recourse to the normative considerations that it is the authority's job to weigh up. This criticism of the sources thesis highlights the importance of incorporating jurisdiction into our philosophical accounts of legal authority. (shrink)

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, the (...) baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

Augustine and female homoeroticism in the early Middle Ages: A Foucaultian idea-historical interpretation. Taking his reading of Romans 1:26–27 and Genesis 19 as its hermeneutical key, an idea-historical interpretation of the views of the Western church father Augustine of Hippo (354–430) on female homoeroticism is presented in this article. The accentuation of French philosopher Michel Foucault (1926–1984) on the overall significance of Augustine in the Western history of sexuality, in his posthumous Histoire de la sexualité 4 ( Les aveux de (...) la chair, under editorship of Frédéric Gros, 2018 ), is used to contextualise Augustine’s views on sexual desire as the ‘form of the will’, here positioned specifically within a female homoerotic context. Drawing on the substantial studies of John Boswell (in 1980) and Bernadette Brooten (in 1996), which, although relatively dated, are still without equal in Medieval research, the article subsequently explores Augustine’s views on intimate relations between women, both in monasteries and in secular society. It is shown that intimate relations between women must have transpired in fifth-century monasteries and that female homoeroticism was for the next two centuries dealt with with restraint rather than with forms of exclusion and punishment, despite the negative portrayals of same-sex relations by some of Augustine’s patristic contemporaries (particularly John Chrysostom [ca.347–407]), yet precisely on the basis of Augustine’s understated approach. Although Augustine renounced homoerotic relations as a form of ‘unnatural’ (for him, expressly, all ‘non-procreative’) sex, he dealt with the incidence of female same-sex relations with understatement. Given his general authority in the early Middle Ages, one effect of Augustine’s non-homophobic approach was that female homoeroticism was de facto bypassed as a ‘moral problem’ in the fifth and sixth centuries, until handbooks of penance, that prohibited all forms of same-sex relations, started circulating at the end of the sixth century. Contribution: This article contributes to the ongoing study of Medieval female sexuality, and particularly of female homoeroticism in late Antiquity and the early Middle Ages, by exploring Augustine’s views on same-sex relations between women around the early fifth century, while concurrently contributing to ongoing analyses of Michel Foucault’s interpretation of the church and desert fathers in the (edited) fourth volume of Histoire de la sexualité ( Les aveux de la chair ), published in 2018. (shrink)

Recently, social epistemologists have sought to establish what the governing epistemic relationship should be between novices and experts. In this paper, I argue for, and expand upon, Helen De Cruz’s expert-as-teacher model. For although this model is vulnerable to significant challenges, I propose that a specifically extended version can sufficiently overcome these challenges (call this the “extended-expert-as-teacher” model, or the “EEAT” model). First, I show the respective weaknesses of three influential models in the literature. Then, I argue the expert-as-teacher model (...) can overcome its weaknesses by adding what I call the "Authority Clause", "Advisor Clause", and "Ex Post Facto Clause" of the EEAT model. After developing a robust account of these clauses, I entertain three major objections. First, I respond to the charge that the EEAT model is little better than the expert-as-authority model. Second, I respond to a double-counting objection. Lastly, I respond to a pragmatic objection from complexity. (shrink)

The purpose of this article is to examine the relationship between philosophy (considered as an expression of fundamental values) and development, this here particularly understood in its economic sense. The author starts with an exploration of the meaning of development and then goes on to evaluate the views and perspectives that tend to argue against philosophy in its broadest sense (that is considered simply as a worldview or as a system of values) occupying a distinct and significant role in development. (...) In order to demonstrate this important point, the author explores what he considers to be the impact of the traditional African ethical outlook and values in relation to the economic activities and the process of development in contemporary Africa. O objectivo deste artigo é analisar a relação entre a filosofia (considerada como expressão de valores filosóficos fundamentais) e o desenvolvimento, sendo este especialmente entendido no sentido económico. O autor começa por explorar o significado de desenvolvimento e, em seguida, continua com a avaliação das visões e perspectivas que tendem a argumentar contra a filosofia no seu sentido mais alargado (isto é, a filosofia considerada simplesmente como visão do mundo ou como um sistema de valores) que ocupam um papel distinto e significativo no desenvolvimento, sendo esta exploração e avaliação efectuadas no sentido de argumentar que a filosofia tem, de facto, um papel muito distinto e significativo a desempenhar no processo de desenvolvimento, mesmo no sentido económico do termo. Para demonstrar este importante aspecto, o autor explora o que ele considera ser o impacto da perspectiva ética e dos valores tradicionais africanos em relação com as actividades económicas e o processo de desenvolvimento na África contemporânea. (shrink)

This chapter contains sections titled: Background The Philosophy of Right : New Essays, New Insights Note Abbreviations References. -/- Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law Presents significant new (...) research on Hegel's Philosophy of Right that will set a new standard for future work on the topic. (shrink)

The concept of clinical equipoise restricts the use of placebo controls in clinical trials when there already exists a proven effective treatment. Several critics of clinical equipoise have put forward alleged counter-examples to this restriction—describing instances of ethical placebo-controlled trials that apparently violate clinical equipoise. In this essay, we respond to these examples and show that clinical equipoise is not as restrictive of placebos as these authors assume. We argue that a subtler appreciation for clinical equipoise—in particular the distinction between (...) de facto and de jure interpretations of the concept—allows the concept to explain when and why a placebo control may be necessary to answer a question of clinical importance. (shrink)

This Article presents a theory whereby criminal punishments are routinely distributed in proportion to the weight of the evidence mounted against the defendant. According to this theory, the law relaxes the stringent decision threshold in criminal trials—beyond a reasonable doubt—by creating easy-to-prove evidentiary offenses. These offenses, in turn, are associated with less severe sanctions, thus creating a de-facto proportional liability regime. Against that backdrop, the Article examines the legal duty to report criminal activity to the authorities. As the analysis (...) shows, while legal scholars analyzing such duties have focused on the paradigmatic case in which an innocent bystander, friend or family member is unwittingly exposed to information about a crime, in practice these duties are rarely used in such cases. Rather, reporting duties are used to prosecute suspected accomplices whose involvement in the commission of the actual crime is difficult to prove beyond a reasonable doubt. Thus, offenses imposing a reporting duty on criminal activity turn out to be part of the general framework of accomplice liability, and are used to apply less severe sanctions in cases of evidentiary uncertainty. (shrink)

There is no arguing the impact of Inoue Tetsujirō on the development of philosophy in Japan from the Meiji Restoration through the end of the Pacific War. He was the first Japanese to receive a doctorate in philosophy from Germany and the first native-born chair of the philosophy department at Tokyo Imperial University, the training center for almost all the major Japanese philosophers who graduated before 1915. Inoue was instrumental in making German idealism the Western philosophy of choice for Japan, (...) but he also appreciated Asian traditions as well, having no qualms about claiming there was true philosophy in India, China, and premodern Japan. He set the foundation for academic philosophy in Japan not so much through his own rather simplistic personal philosophy, but especially through his contributions to the organization of the field. This article focuses mainly on Inoue’s troubled relation with Confucianism. On one hand, in seeking a premodern philosophy to serve as the bedrock for modern Japan, Inoue looked to the Edo-period Confucian traditions originating in China. He divided them into Shushigaku, Yōmeigaku, and what he named Kogaku, the school focusing on classical texts preceding neo-Confucian developments and interpretations. In many respects, like so many others of his generation, Inoue was by training and personal preference a Confucian. That is not the whole story, however. Inoue understood Confucianism’s primary purpose as cultivating the social values and order that would ensure an efficient society of human flourishing, stability, and harmony. Yet, he also likely suspected that the people of the new Japan, with its modernization and plethora of Western ideas, would not unquestioningly accept the authority of the Confucian classics, nor be willing to undertake the rigors of textual study that are the hallmark of the Confucian scholar. In Edo-period Japan, that study had been the responsibility of the samurai class, but in their democratization program, the Meiji reformers had abolished the old class system. Education of the young would now shift from the Confucian academies to the new public school system. Always cooperative with the government to the point of being obsequious, Inoue took a leading role in the National Morality program and its installment in the nationwide school curriculum. That curriculum combined a Shinto-based reverence for the sacred nature of the emperor in the kokutai ideology along with practical moralistic values that could be loosely called Confucian. Yet, if schooling for most was limited to the elementary level and if there was no longer a samurai class to oversee the moral behavior of the society, who could nurture and enforce the moral order? Through a set of fortuitous events, Inoue “discovered” bushidō, the Way of the warrior. If there were no longer a samurai warrior class, perhaps all Japanese could become de facto samurai—at least in their mindset. Most may no longer have the scholarly skills and time to glean their spiritual and moral insights from Confucian texts. Yet, they could find the virtues of loyalty, sincerity, filiality, and compliance with seniority within the distinctively mindful heart and spirit of ancient Japan carried within the Japanese bloodline. What happened to the Confucianism of Inoue Tetsujirō? Some of its values were absorbed into bushidō and National Morality, but the praxis of the Confucian scholar and the ideal of the kunshi seem to have been lost, much to Japan’s detriment. (shrink)

The author's aim is to prove that certain moral principles will always be etched into laws when the interest of society demands it and when morality as a set of norms guiding behavior no longer functions in an expected manner outside the system of law. In this paper, it is argued that morality is constituted within the law in a more profound way as well as in a way which is also much more difficult to identify than, for example, conventional (...) instructions concerning professional ethics may indicate. The main thesis is that de facto there are no particular professional ethics of lawyers beyond or above the ethical principles binding all people. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Das Medusenhaupt der Kritik, Kantstudien Ergänzungshefte by Manfred GawlinaHenry E. AllisonManfred Gawlina. Das Medusenhaupt der Kritik, Kantstudien Ergänzungshefte 128. Berlin-New York: Walter de Gruyter, 1996. Pp. ix + 345.This work is the first full scale study of the controversy between Kant and the Wolffian philosopher Johann August Eberhard. The controversy was launched by Eberhard’s publication in 1788 of the first part of the first volume of the Philosophisches (...) Magazin, a journal which he and a handful of associates created specifically as an organ for attacking the Kantian philosophy from the standpoint of Leibniz and Wolff. The central claim was that whatever is true in the Kantian philosophy is already contained in Leibniz, and where Kant differs from Leibniz (such as in the denial of knowledge of things in themselves or “true things”) he goes astray. Kant reacted strongly to this [End Page 632] critique, first in a pair of letters to Reinhold (May 12 and 19, 1789) and then in his own published response, with the sarcastic title: Über eine Entdeckung. nach der alle neue Kritik der reinen Vernunft durch eine ältere entbehrlich gemacht werden soll1 From Eberhard’s side the controversy continued through three more volumes of the Philosophisches Magazin (1790–92), and two volumes of its successor, Philosophisches Archiv (1792–95). Although Kant himself did not respond directly to these subsequent attacks, he contributed material to Johann Schulz for his review of the second volume of the Philosophisches Magazin.Gawlina analyzes the controversy at both the pragmatic and philosophical levels. The former includes a consideration of the motivations of the protagonists and the various strategies and tactics adopted in an attempt to convince the philosophical public of the correctness of their respective positions. Eberhard, for his part, was particularly concerned with the threat which the Critique, which Kant himself describes as the “Medusa head” (hence the title), posed to the survival of Leibnizian-style metaphysics, while Kant’s primary concern was with the misrepresentation of his own philosophy that he saw in Eberhard’s attack. At the philosophical level, the controversy is presented as a clash between two conflicting and ultimately irreconcilable philosophical paradigms: the first being the ontological orientation of Leibniz (defended by Eberhard) according to which pure (contradiction-free) thought mirrors being (this entails that logic has ontological significance), and the epistemological-transcendental orientation of Kant, according to which the fundamental questions concern the conditions of human knowledge and the justification of its claims. The author is well aware that there are epistemological elements in Leibniz and ontological ones in Kant (most notably the claims about space and time in the Transcendental Aesthetic), but he argues persuasively that these are grounded in the philosopher’s respective ontological and epistemological standpoints.This general thesis serves to illuminate virtually all of the main points of the controversy, including the question of why Eberhard refuses to admit either the significance or novelty of the analytic-synthetic distinction, while Kant insists on both. Of particular interest in this regard is the author’s discussion of the distinction between Schranken (limits) and Grenzen (boundaries), which Kant himself draws in the Prolegomena (§58). This distinction becomes relevant to the controversy because of Eberhard’s frequent appeal to the fact that Leibniz recognizes the Schranken of human knowledge as part of his attempt to show that Leibniz anticipated Kant in providing a “critique of pure reason.” As Gawlina notes, however, the limits of knowledge, as understood by Leibniz, are merely de facto constraints on the extent to which finite minds are capable of grasping things from the eternalistic perspective of God, whereas the boundaries insisted on by Kant are principled restrictions, grounded in the positive conditions of the possibility of cognition for finite knowers. [End Page 633]Although Gawlina thus clearly indicates the ways in which Eberhard misunderstood and misrepresented Kant’s position, he refuses to declare Kant the victor in the controversy. This is partly on historical and partly on philosophical grounds. Historically, the reason is that in spite of all of its limitations, Eberhard’s critique of Kant did succeed in raising questions among Kant’s followers regarding the coherence of the... (shrink)

This article challenges the idea that Hobbes presents a negative anthropology and shows, to the contrary, that there is a thick web of social relations in his state of nature and laws of nature. It considers the contradiction between human natural equality claimed by Hobbes, and female subjection that de facto characterizes most of his passages on gender relations. The key to this puzzle is found in comparison of the notions of conquest and consent, and of acquisition and institution, (...) comparisons that establish a similarity between paternal authority and despotic dominion. A step towards the solution is provided by the hypothesis that the divide between “vainglorious” and “moderate” is gendered, with women more disposed to moderation than men. This can be explained by the idea that, “for society’s sake,” women in the state of nature appreciate more the advantages of long-term cooperation, even at the price of some subordination. (shrink)

A quebra no que se refere às certezas da fé, a ênfase da própria experiência e os horrores do século XX levaram ao surgimento de uma vaga de (anti-)teodiceias. Aos ataques por parte do ateísmo correspondem do lado dos teólogos ou um certo resentimento em relação a Deus ou a sua desculpa mediante um pôr-em-questão da sua omnipotência. Surgiram desta forma propostas de carácter ora dualistico ora monístico que fizeram com que a resposta clássica ao problema tivesse progressivamente ficado quase (...) reduzida ao âmbito do ininteligível (veja-se o caso da incompreensão das teses ontológicas referentes ao carácter deficitário do mal). Foi sobretudo em confronto com a tonalidade afectiva desta discussão que surgiu a "free-will-defense" da racionalidade, muito embora a questão seja aqui a de saber até que ponto não têve ela por isso de pagar um preço demasiado alto. Em referência à dupla questão de Boécio na obra "Consolação da Filosofia", o autor do presente artigo defende, por um lado, a não solubilidade do problema da teodiceia: "Si Deus est, unde mala?" - Néscio! Por outro lado, no entanto, o autor constata também que a reflexão sobre a experiência de si não só justifica, como até exige, uma abertura à esperança da fé: "Si vero Deus non est, unde bona?" Seio quod nonl Facto é que desta forma, diz o autor, nos confrontamos com a realidade do bem seja isso a propósito da exigência moral que experimentamos ou do protesto que levantamos contra a realidade do mal. Ora é esta auto-revelação do poder da realidade do santo e do bem que não só nos permite, mas também de nós exige a Esperança da sua manifestação final. /// Breakdown in what concerns faith certainties, emphasis on experience of the self, and the horrors of the XX century led to a wave of (anti)-theodicies. To the attacks on the atheist's side correspond, according to the theologian's side, either some resentement related to God or their excuse by means of calling in question God's omnipotence. Thus, some proposals of either dualistic or monistic character came up and made the classical answer to the problem progressively reduced to unintelligible bounds (take a look at the incomprehension of the ontological theses concerning evil's deficient character). It was mostly in confrontation with the affective tonality of this discussion that the "free-will-defense" of rationality appeared, though the question here is knowing up to what point it didn't have to pay a too high price. Referring to Boethius double question in "The Consolation of Philosophy", the author of the present article defends, on the one hand, the non-solubility of the problem of theodicy: "Si Deus est, wide mala?" — Nescio! On the other hand, however, the author also notices that the reflexion on self-experience does not only justify, as it also demands an opening to faith's hope: "Si vero Deus non est, uncle bona? "Scio quod non! In fact in this way, says the author, we confront ourselves with the reality of good whether it is in reference to the moral demand that we experiment or to the protest we raise against evil's reality. Now, it's this self-revelation of the power of reality of the saint and good that not only allow us, but also demands from ourselves the Hope of its final manifestation. /// Verlust an Glaubensgewißheit, Betonung eigener Erfahrung und die Schrecken des 20. Jh. haben eine ganze Flut von (Anti-)Theodizeen ausgelöst. Atheistischen Angriffen entsprechen bei Theologen Groll auf Gott oder seine Entschuldigung durch Bestreitung seiner Allmacht. Dualistische wie monistische Antwortversuche leben auf; die klassische Antwort wird kaum noch verstanden (siehe besonders das Mißverständnis der ontologischen These vom Mangel-Charakter des Übels). Einer um sich greifenden Emotionalisierung gegenüber tritt die "free-will-defense" für Rationalität ein; aber zahlt sie für ihren Lösungsvorschlag nicht einen zu hohen Preis? - Im Rückgriff auf die Doppelfrage in Boethius' "Trost der Philosophie" wird hier vertreten: Einerseits ist das Theodizeeproblem unlösbar - "Si Deus esty unde mala?" Nescio! Anderseits berechtigt aber, ja ruft gewissenhafte Selbsterfahrung zur Glaubenshoffnung - "Si vero Deus non est, unde bona? "Scio, quod non! Nun aber begegnet uns Gutes, zunächst im sittlichen Anspruch an uns wie im Recht unseres Protestes gegen das Böse. Diese Selbstoffenbarung der Macht des Heilig-Guten erlaubt, ja fordert die Erwartung seines endgültigen Selbsterweises. (shrink)

Over the last three decades, non-adaptationism has developed as an alternative model to more traditional, adaptationist approaches within Evolutionary Epistemology. Despite its great explanatory strength, non-adaptationist EE finds a potential Achilles heel in its adherence to conceptual relativism, namely the idea that empirical content can be relative to many different and radically incommensurable conceptual schemes. In his seminal essay “On the Very Idea of a Conceptual Scheme”, Donald Davidson did in fact prove the unintelligibility of an analogous form of conceptual (...) relativism. Although Davidson’s original intent was to debunk a conceptual relativist position which he discerned in the works of authors such as Kuhn, Quine, and Whorf, given the apparent similarity between the conceptual relativism supported by non-adaptationist EE and the one criticised by Davidson, one might well wonder if Davidson’s objections would have the same debunking effect if applied to non-adaptationist EE. In this paper I propose to answer this question by directing Davidson’s critiques of conceptual relativism to non-adaptationist EE and by testing to what extent the latter is de facto undermined by Davidson’s attacks. I demonstrate that Davidson’s arguments do not detract from the reliability of non-adaptationist perspectives and, to some extent, they appear to substantiate the non-adaptationist evolutionary epistemological cause anew. (shrink)

The article is a philosophical response to the oped of the German philosopher Jürgen Habermas Krieg und Empörung, published by him in the Süddeutsche Zeitung in April 2022. The oped demonstrates the philosopher’s view on ideological disputes and political debates or “indignation” (Empörung) in public sphere in both Germany and the EU concerning an attempt to develop a unanimous policy to help Ukraine with weapons against Russia’s military aggression. The authors presume that Habermas published the accountable message of a responsible (...) citizen that means it should be also taken as based on his theoretical achievements. The article consists of two parts. The first part sets out the main arguments of the philosopher’s newspaper article, which ends with a recommendation of compromise and partnership negotiations with the aggressor de facto due to the losses of Ukraine. The second part is an attempt by the authors to clarify the main preconditions and premises of Habermas’s communicative philosophy, which demonstrate the fundamental limitation of its explanatory power for this type of radical dissent, which is war. First of all, the authors suggest, it is the idea of pacification in interethnic relations, which forms the intellectual mood after World War II and finds its philosophical expression in the discovery of a priori foundations of understanding (Apel, Habermas) and ideas of developing formal pragmatics of communication. Attention to the latter allows the authors to demonstrate how consistent analysis of a priori (counterfactual) conditions of communication is considered by Habermas primarily in the historical perspective of positive dimensions of social integration - democratic equality, freedom, justice for participants of communicative interaction. The article concludes with a detailed analysis of the significance of the concept “lifeworld” as one of the central concepts within communicative theory and an analogue of “form of life” and “culture”. The authors argue the idea of perspective creating a common lifeworld for all in the processes of communication is fundamental to the works of the philosopher. The article concludes that the regulative idea of the single world as a basic ontological assumption of communicative theory does limit its explanatory capacity in terms of a war situation as a clash of different cultural worlds. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

The article analyzes the forms of rationalism and fideism proposed by Ukrainian Protestant theologians at the beginning of the XXI century. It turns out that these forms of rationalism and fideism were made possible by overcoming the anti-intellectualism that was characteristic of Protestantism in Soviet times. The opposition of tendencies to rationalism and fideism is connected with the positioning of Ukrainian Protestants in the postmodern times. Proponents of de facto rationalism propose to reconstruct the modern religious worldview, re-synthesizing elements (...) of liberal and fundamentalist concepts. The study shows that hopes for the restoration of the modern worldview in the face of the challenges of the early XXI century contain elements of utopianism. Proponents of Fideism suggest taking full account of the real state of affairs in the postmodern era and recognizing the impossibility for Christians to use modern rationalism in all its forms. At the same time, faith acquires special significance as an expression of the personal relations of the holy people with God. Ukrainian Protestant rationalism in the article is analyzed on the example of the work of Sergei Golovin as the most consistent expression of this worldview. It has been proven that his ideas depend on the concepts of Norman Geisler, a prominent Protestant theologian. Golovin, imitating Geisler, believes that the Christian worldview should be the final superstructure over the foundation of classical logical rationalism and the ontology of being. This logic comes from classical Thomism. Golovin's rationalism is the rationalism of formal logic. Golovin's first controversial proposal is to reduce the paradoxes and contradictions contained in the Bible. Such a reduction contradicts the biblical studies of the beginning of the 21st century, and therefore can no longer be convincing for professional theologians. For ordinary believers, this reduction is an obscure rationalization of the image of God they have in reading the Scriptures. The second controversial proposition is to convert people first to logical rationality as the ideological foundation of humanity, and then to their conversion to Christianity. Such a proposal is largely outdated, because in the twentieth century it became clear that rationality in itself can be an instrument of any worldview and does not ensure the preservation or rehabilitation of humanity. By comparing it with theological practices of restoring humanity through the ethics of accepting another, the author argues that the restoration of humanity is possible through recourse to the potential of existentialist spirituality, theology of interpersonal communication, and other practical strategies of Christian theology. The biggest shortcoming of Sergei Golovin's rationalism is the proposal to build his own "scientific creationism", which denies the basic scientific theories of today. The most successful element of Golovin's system was social ethics, which offers the idea of ​​a modern state governed by the rule of law as one that can be deduced from the spirit and letter of the biblical commandments. The fideism of Ukrainian Protestant theology is born from the understanding that the ethical acceptance of others and love for them is possible only on the basis of personal faith. The challenges of the beginning of the 21st century require the acceptance of another, but individuals and communities lack the natural strength to accept such. And only faith and faith-generated love help to be open to others. Also, the post-capitalist economy of mutual gift, proposed by theologians and Christian communities, is based only on personal faith. It has been proven that the fideism of Ukrainian Protestant theology is closer to the ideas of postconservatism than the concepts of postliberalism. It has been found that radical protection of individual rights and humane treatment of others is common to the rationalism and fideism of modern Ukrainian Protestant theology. It is these ideas that are important for understanding what humanity is, which should be a prerequisite for being a true Christian. (shrink)

Istraživanje demonstriranja »pravde« u Homerovoj Odiseji od strane kraljeva ili sudaca u stvarnim situacijama toga doba, pokazalo je da je riječ o postupcima u partikularnoj formi, a ne o apstraktno pojmljenim principima. Ovi su postupci rješavali uvijek konkretne i specifične ad hoc situacije, a nisu primjenjivali depersonalizirane i općevažeće zakone, te se njihova uloga iscrpljivala u pregovaračkom postupku i nagodbi rivalskih strana. Namjera im je bila da nanovo uspostave destabiliziranu ustaljenost življenja običajnosne zajednice, pa se može reći da je spomenuta (...) procedura de facto predstavljala »pravdu« koja se primjenjivala u danom kontekstu. Zaključak autora jest da ovako shvaćena »pravda« nije bila ništa drugo do odgovarajuća metodologija, tj. pravilo konzerviranja postojećih običaja, ili naprosto korekcija narušenog modusa egzistiranja u nekom polisu.Research of demonstration of “justice” in Homer’s Odyssey by kings or magistrates in actu­al situations of the time, showed that these were particular procedures rather than abstractconcepts, always applied to resolve concrete and specific ad hoc situations and never to thedepersonalized and general laws, so their role was being exhausted in the course of negotiati­ons and settlement of rival parties. Their intention was to reestablish destabilized continuity ofmorality-based community, therefore it can be said that the mentioned procedure de facto repre­sented “justice” applied to a given context. The author concludes that the concept of “justice”in this sense was merely a suitable methodology, i.e. the rule of conservation of existing mores,or simply a correction of a violated mode of existence in a certain polis. (shrink)

Many theories of liberal public reason exclude claims derived from religion on grounds that religious beliefs are not publicly ‘accessible’, because they are not amenable to meaningful evaluation by outsiders to the faith. Some authors, though, have argued that at least some religious beliefs are, in fact, publicly accessible. This paper examines the consequences of these arguments by exploring the accessibility requirement in relation to U.S. judicial precedent concerning religious accommodation. I first show that precedent accords de facto with (...) the accessibility requirement by precluding judicial evaluation of the content of religious beliefs. I then show that this norm is independent of the status of religious claims vis-à-vis accessibility: even granting the accessibility of religious beliefs, other important political ends weigh against judicial evaluation of the content of those beliefs. I then generalize this conclusion to the broader enterprise of public reason, suggesting the general inadequacy of the accessibility requirement. (shrink)

Resumen Debido a la polisemia que la complejidad exhibe, se pretenden exponer las distintas posturas, definiciones, descripciones y debates acerca de esta, a la luz de lo descrito por Carlos Maldonado, Edgar Morin, Ilya Progogine, Murray Gell-Mann, Leonardo Rodríguez y Julio Aguirre, quienes comportan un principio dialógico y translúcido, que integraría la lógica clásica teniendo en cuenta sus límites de facto y de jure, que además llevaría en sí el principio de la Unitas Multiplex, que escapa a la unidad (...) abstracta por lo alto y por lo bajo. Luego de la presentación de las posturas de los autores mencionados se pasa a describir los encuentros y desencuentros que de estos aparecen sobre este concepto; y finalizar al proponer una definición y caracterización personal de la complejidad.Due to the polysemy of Complexity, it is intended to expose different postures, definitions, descriptions and debates about It, in the light of what was described by Carlos Maldonado, Edgar Morin, Ilya Prigogine, Murray Gell-Mann, Leonardo Rodríguez and Julio Aguirre. For them it implies a dialogical and translucent principle that would integrate classical logic considering its de facto and de jure limits, and that in addition would take in himself the principle of Unitas Multiplex that escapes to the abstract unity by the high and by the low. After the presentation of the positions of the mentioned authors the paper goes on to describe encounters and disagreements about this concept finally proposing a definition and characterization of complexity. (shrink)

Cognitive science of religion has inspired several debunking arguments against theistic belief. Hans Van Eyghen’s book Arguing from Cognitive Science of Religion is the first monograph devoted to answering such arguments. This article focuses on Van Eyghen’s responses to two widely discussed debunking arguments, one by Matthew Braddock and another by John Wilkins and Paul Griffiths. Both responses have potential but also face problems. Even if Van Eyghen manages to show that these authors have not fully excluded the possibility of (...) noninferential theistic belief being underpinned by reliable belief-forming processes, he fails to offer convincing reasons to think the processes are in fact reliable. A positive argument for their reliability might ultimately have to be based on evidence for God’s existence, namely, theistic arguments. The question of the rationality of religious belief (de jure) thus cannot be isolated from the question of God’s existence (de facto). (shrink)

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. The (...) consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto power granted to those who control the technology, built by design to close spaces for pluralism and democratic action, in the interest of surveillance and concentrated power in private and government oligopolies. The author concludes by advocating the urgency for genuinely innovative categories, particularly in the legal education, such as the commons, capable of including sustainability into a “new ecological jurisprudence committed to inclusion and solidarity rather than exclusion and struggle”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just Revolution: A Christian Ethic of Political Resistance and Social Transformation by Anna Floerke ScheidRamon LuzarragaJust Revolution: A Christian Ethic of Political Resistance and Social Transformation Anna Floerke Scheid lanham, md: lexington books, 2015. 208 pp. $84.00Anna Floerke Scheid argues that the Christian just war and just peacemaking ethical traditions lack a comprehensive ethic for revolutionary nonviolent activity and warfare. She proposes to fill this lacuna through a (...) theological exploration of what constitutes a just revolution. While Scheid maintains a consistent [End Page 212] preference for nonviolent resistance against tyranny, she remains open to the possibility of revolutionary warfare.The author articulates four stages of a just revolution. The first stage is jus ante, nonviolent resistance against a tyrannical government. Here the opposition develops a democratic and revolutionary vision of society that respects human rights, models that vision within its organizations, and resists through nonviolent acts. Second is jus ad, the stage where a tyrannical government eliminates all avenues for negotiation and represses peaceful resistance. This forces the revolutionary opposition to consider armed resistance as a last resort. Here Scheid grapples with two limitations of traditional just war theory. The first reserves the authority to start a war with governments. She argues that the legitimacy for a just revolution comes from a revolutionary organization's ability to envision and model a just society. Because a tyrannical government's authority is illegitimate, a revolutionary movement's just vision and practices gain for it a de facto legitimate authority. This legitimacy is reinforced by a revolutionary movement's ultimate intention to effect reconciliation with their oppressors postwar. The second limitation is the reasonable hope of success. Scheid analyzes the history of this criterion and demonstrates how it supports defensive wars despite the uncertainty of success. Oppressed persons, as the subjects of their own hope of liberation, ought to decide what constitutes the probability for success in fighting tyranny. Throughout this stage, revolutionary warfare must be practiced in tandem with continuing nonviolent resistance.The third stage is jus in, the justice practiced during armed revolutionary resistance. Fighting is deemed necessary to force a tyrannical government to negotiations. Meanwhile, revolutionary military units would work to minimize violence and loss of life. The last stage is jus post, the reconciliation needed to prevent revolutionary warfare from spiraling into revenge. Here the exercise of restorative justice—where responsibility for past injustices is assumed by all sides and a just resolution developed for social reconciliation and the development of a new, democratic society that respects human rights—is all important. Throughout the book, Scheid uses the African National Congress's revolutionary struggle against the South African apartheid government as a successful example of her theory in practice.Scheid's well-argued proposal deserves careful consideration by ethicists. Students will profit from her excellent summary of just war theory, where she brilliantly recovers some of its forgotten features. On the other hand, her concluding chapter considering the Arab Spring's potential for just revolution would have been stronger if she extended beyond a comparison to South Africa to incorporate similar features found in other successful revolutions. The 1986 Philippine People Power Revolution, the 1989 collapse of Eastern European Communist regimes, and the 1974 Carnation Revolution in Portugal come to mind. Moreover, important for South Africa's success was the durability of the [End Page 213] political institutions the British left behind. These institutions provided the framework that handled the transition of power from the pro-apartheid National Party to the post-apartheid African National Congress government. This feature could have been brought to light, as many recognize this structure as contributive to the peaceful transition of power in other countries that won independence through revolution, from the United States in the eighteenth century to India and the Caribbean in the twentieth.Ramon LuzarragaBenedictine University at MesaCopyright © 2018 Society of Christian Ethics... (shrink)

The first half of the paper consists of a philosophical reflection upon a historical exchange. I discuss Buber’s famous letter, and another letter by J. L. Magnes, to Mahatma Gandhi, both challenging the universality of the principle of ahiṃsā. I also touch on Buber’s interest and acquaintance with Indian philosophy, as an instance of dialogue de-facto across cultures. Gandhi never answered these letters, but his grandson and philosopher extraordinaire Ramchandra Gandhi ›answers‹ Buber, not on the letter but about the (...) ideal of dialogue at large, and the interconnection of dialogue and ahiṃsā. The second half of the paper focuses on the work of Daya Krishna, another ›philosopher of dialogue.‹ from within Daya Krishna’s vast philosophical corpus, I underscore one of his last projects, in which he sketches the outlines of what he refers to as »knowledge without certainty,« contrary to common and traditional ways of perceiving the concept of knowledge. I argue that the pramāṇa, means and measure of knowledge, in the intriguing case of »knowledge without certainty,« depicted by Daya Krishna as open-ended, dynamic, constantly evolving, is inevitably dialogue, and I aim to disclose the meaning and salience of dialogue in Daya Krishna’s oeuvre. However, not just the content, but also the form, or the ›how,‹ matters in my paper. I use different materials across genres and disciplines to rethink, in dialogue with Buber and Daya Krishna, the possibilities and impossibilities of dialogue. These ›materials‹ include Milan Kundera and Richard Rorty, Krishna and Arjuna, Vrinda Dalmiya who works with the notion of care as bridging between epistemology and ethics, Wes Anderson on seeing through the eyes of the other, and Ben Okri on hospitality in the realm of ideas. As author of the present paper I am moderating an imagined a multi-vocal dialogue between these ›participants‹ on dialogue as concept, as craft and especially, as a great necessity in the world in which we live. (shrink)

The current state of philosophy of science is characterized by stasis in the struggle between realism and antirealism. In recent years, a number of authors have come out with a program of scientific perspectivism that claims to sublate this great collision and gain the status of a new epistemological paradigm: “perspectivism, or, better, perspectival realism, is one of the newest attempts to find a middle ground between scientific realism and antirealism” [1. P. 2]. Important milestones of the perspective movement were (...) the works of Ronald Giere, Francois Recanati, Bas van Fraassen, Michela Massimi, and others. The thesis of the article is that perspectivism has not yet realized its claims to autonomy, although it has become an important new arena for discussions between realists and antirealists who try to appropriate perspectivist concepts and arguments. The “middle ground,” when thought out consistently and thoroughly, turns out to lie not “between,” but either in the territory of realism or in the territory of antirealism, depending on the presumptions of the author of a particular perspectivist conception. This is demonstrated by the analysis of the conceptions of Giere, Massimi, and Recanati. Giere’s perspectivism is based on the metaphor of color vision, and for him only some (secondary) qualities of real objects turn out to be perspectival, i.e., subject-dependent. Massimi’s perspectivism attempts, on the basis of a visual arts metaphor, to combine the phenomenon of the plurality of scientific theories (“perspectival disagreement” about what an object is) with the general realist attitude of science (agreement about that there is an object). Recanati’s perspectivism syncretizes realism about ordinary objects and relativism about other things. The first two versions of perspectivism rely on a perceptual metaphor: perspective is conditioned by the perceptual constitution of the observer, that is, it arises at the mental or cognitive level. Recanati’s version attempts to derive perspective from contextuality, that is, it is semantic. However, it does not show exactly how perceptual categories are superimposed on theories or how scientific concepts reveal their perspectival character. The isomorphism of perception and theoretical thinking, sensibility and understanding, remains undemonstrated. On the one hand, perspectivist efforts are motivated by an important concern to account for antirealist critique (lack of access to the “view from nowhere,” factual and semantic underdetermination, difficulties with the idea of approaching the truth, the historicity of knowledge, the activeness of the constructing subject, etc.) while preserving the scientific commitment to universality, validity, and truthfulness. On the other hand, the ontological question remains fundamental and unavoidable, and perspectivism (yet?) fails to circumvent it. As we see, all three versions of perspectivism considered in this article turn out to be varieties of realism: Giere and Massimi recognize this explicitly, while Recanati de facto assumes a quite respectable and conservative position of selective realism with respect to ordinary objects. (shrink)

The paper analyzes the development of the Sokol movement in Galicia in the late 19th century - the first third of the 20th century in the context of social and cultural processes. It is proved by actual examples that Sokol societies played an important part in the moulding process of national consciousness and consolidation of the Ukrainians over the period under research against the background of anti-Ukrainian policy of Austria-Hungary and the Second Polish-Lithuanian Commonwealth. It is stated that by combining (...) the sports and national components in their activities, Sokol clubs became one of the centers round which Ukrainian youth were united. It is indicated that under the conditions of the lack of statehood Sokol organizations of Galicia, together with other national-cultural and sports societies, de facto performed a state function of physical training of the Ukrainians of the region. By uniting different social groups of the population through physical culture, the Sokols fostered patriotism, social activity and discipline, civic responsibility and morality, which doubtlessly promoted the rise of the national-cultural level of the Ukrainians, invigoration of the struggle for their rights in the context of the Austrian-Hungarian and Polish autocratic regime. It is proved that after the resolution of the Council of Ambassadors of the Entente states on the transfer of Eastern Galicia to Poland, the Polish authorities and community tried to hinder the dissemination of Ukrainian Sokol ideas in the region, which manifested itself in prohibition of registration of Sokol clubs and their statutes etc. It is stated that the attitude of the Polish authorities to the Sokols became most apparent when the Ukrainian community celebrated the tenth anniversary of the Western Ukrainian People's Republic and when the Polish government conducted a 'pacification' campaign in Galicia. In the meantime a great number of Sokol societies were liquidated. The paper places a high emphasis on Sokol ideology. It is mentioned that ideologists of the Ukrainian Sokol movement, having dismissed the idea of Pan-Slavism, adapted the activities of Sokil-Batko to the needs of the national liberation movement of the Ukrainians within the framework of the political system of Austria-Hungary and the Second Polish-Lithuanian Commonwealth. It is pointed out that the Sokols, as opposed to other national-cultural organizations, declared nonpartisanship and promoted the inter-confessional consent in Galicia. At the same time, the Sokols popularized sport in every way since they believed that "the spirit of man is hardened together with the physical strength, national consciousness growing". (shrink)

For many, Thomas Beauchamp and James Childress have elaborated moral reasoning by using the four principles whereby all substantive problems of medical ethics (and of ethics more generally) can be properly analysed and cogent philosophical solutions for the problems can be found. It seems that their ‘principlism’ gets updated, with better features being added during the course of the six editions of Principles of Biomedical Ethics. Nonetheless, Beauchamp and Childress seem to have been losing their way when it comes to (...) the common-morality justification, which is the epistemological (and perhaps metaphysical) backbone of their method, and this is shown more vividly in their most recent (2009) edition of Principles of Biomedical Ethics. The author points out what he calls the problem of ‘thick in status, thin in content’ in principlism. The problem exists because principlism cannot adequately explain how the prescriptive sense of common morality it supports is consistent with the existence of what Beauchamp and Childress call the ‘legitimate moral diversity in the world’. Because of this problem, first, the practical end that principlism allegedly accomplishes (ie, providing practical moral guidelines in a relatively ‘thick’ content, based on common morality) is frustrated, and, second, principlism makes itself the method of common morality de jure and of moral pluralism de facto. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption. Yet the market also provides a laissez-faire mechanism: when the legal authorities do not intervene, then the initial right is, in effect, assigned to the first seller and the (...) terminal liability to the last buyer. But does this mechanism satisfy the juridical principle of responsibility: assign de jure responsibility in accordance with de facto responsibility? The fundamental theorem states that if all transfers are covered by voluntary contracts and all contracts are fulfilled, then the laissez-faire mechanism satisfies the responsibility principle.Une théorie de la propriété se doit d’expliquer entièrement le cycle de vie du droit de propriété: les conditions de son émergence, de son transfert et de sa résiliation. La théorie économique s’est focalisée sur les mécanismes de transferts sur le marché et a presque totalement négligé la question de l’émergence et de la réalisation de la propriété dans les phénomènes de production et de consommation. Pourtant, le marché fournit également un mécanisme de laissez-faire: lorsque les autorités légales s’abstiennent d’intervenir, le droit initial est affecté au premier vendeur et la responsabilité terminale au dernier acheteur. Néanmoins, ce mécanisme satisfait-il le principe juridique de responsabilité? A savoir, assigner une responsabilité de jure en accord avec le principe de responsabilité de facto? En effet, le théorème fondamental exprime qui si tous les transferts s’effectuent par des contrats volontaires, et que tous les contrats sont remplis, alors le principe du laissez-faire satisfait le principe de responsabilité. (shrink)

What did kratos imply in the classical democratic context? Focusing on the two Constitutions of the Athenians traditionally attributed to Xenophon and Aristotle respectively, this article explores differences among kratos and three proximate terms: archē (de facto governance or magistracy), kuros (authority, perceived as legitimate), and dēmagōgia (leadership). With Benveniste and Loraux, it argues that kratos specifically signalled ‘superiority’ or ‘predominance’, as revealed in combat or other form of contest. Dēmokratia thereby connoted the forceful predominance of the dēmos (...) (‘assembly’, ‘collective common people’) over the rest of the community, including office-holders (archontes, archai) and political leaders (dēmagōgoi). The association of kratos with force directs attention to the martial underpinnings of classical demotic authority, incidentally highlighting a weakness in modern democracy: the dēmos’ lack of kratos over the political elite when that elite controls military and police power. (shrink)

Resumen Debido a la polisemia que la complejidad exhibe, se pretenden exponer las distintas posturas, definiciones, descripciones y debates acerca de esta, a la luz de lo descrito por Carlos Maldonado, Edgar Morin, Ilya Progogine, Murray Gell-Mann, Leonardo Rodríguez y Julio Aguirre, quienes comportan un principio dialógico y translúcido, que integraría la lógica clásica teniendo en cuenta sus límites de facto y de jure, que además llevaría en sí el principio de la Unitas Multiplex, que escapa a la unidad (...) abstracta por lo alto y por lo bajo. Luego de la presentación de las posturas de los autores mencionados se pasa a describir los encuentros y desencuentros que de estos aparecen sobre este concepto; y finalizar al proponer una definición y caracterización personal de la complejidad.Due to the polysemy of Complexity, it is intended to expose different postures, definitions, descriptions and debates about It, in the light of what was described by Carlos Maldonado, Edgar Morin, Ilya Prigogine, Murray Gell-Mann, Leonardo Rodríguez and Julio Aguirre. For them it implies a dialogical and translucent principle that would integrate classical logic considering its de facto and de jure limits, and that in addition would take in himself the principle of Unitas Multiplex that escapes to the abstract unity by the high and by the low. After the presentation of the positions of the mentioned authors the paper goes on to describe encounters and disagreements about this concept finally proposing a definition and characterization of complexity. (shrink)