This article discusses deontic modality in the context of legal documents and its divergence from the natural, conventional, interpretation. This work demonstrates that the meaning of the performative verb is not purely linguistic. A number of non-linguistic factors cause the variation of meanings of performatives, in this case, when expressing prohibition, permission, recommendation, advice, proposal or request. These factors include: status of the addressee, type of the relationship between the author and the addressee, type of the document, possibility of control (...) and subsequent punishment for the breach of a norm, methodology of legal drafting, traditions of the Russian document processes. There is no direct association between the type of the legal norm and the meaning of the performative. To express its will, a regional law-maker, to a varying degree, uses orders, prohibition and permissions. These are dictated by the type of the document. (shrink)
Globalization is a natural process. It has a number of advantages & disadvantages, causes many questions and problems, which can hardly sometimes be solved by countries independently. These problems can only be solved by the world community. One of these problems is to maintain the concrete communities identity. Is it possible to keep the unique culture of different ethnos, language, traditions in the globalizing world? Or as some researchers consider, there is a tendency to the formation of the so called (...) super ethnos? In such conditions tolerance takes on special significance as a certain means of activity, as social behavior model, as a norm of behavior for each member of the society. Tolerance as a behavior model on one hand should be worked out by a state legislative body, from the other it should be a norm of behavior for each member of the society. The basis of the tolerant behavior is the principle of mutual understanding.It can be considered to be a moral imperative for the resolution of conflict situations. The relevance & importance of tolerance & creating tolerant relations is a characteristic feature of the democratic personality. (shrink)
Автором рассматриваются различны типы правовой рефлексии в свете смены основных исследовательских парадигм. Для специалистов в области гуманитарного знания и читателей, интересующихся вопросами философии права и теоретического правоведения.
Исследование - это попытка выявить социокультурные основания, предпосылки и условия превращения человека традиционного восточного общества в современную личность. Для специалистов.
In the article, international contacts of Soviet students and teachers of secondary schools at the regional level in the 1950-1970s are considered on the basis of the published literature and new archival sources. In the context of the formation of the socialist community, relations between the USSR and East Germany were regarded as exemplary. Their high importance was determined by the role of the German question in world politics. Socio-economic and cultural rapprochement between the USSR and the GDR over a (...) large period of time formed international cooperation at the local level. Particular attention in the article is paid to advantageous practices of creating special schools, and international friendship clubs in the southern Urals. It is proved that the development of educational relations was conditioned by focusing extracurricular activities of the Soviet school on international education, the availability of highly qualified, enthusiastic organizers of higher education and creative teachers of the German language, with regional connections of the Russian-German friendship. The author noted that the close friendship linking the international students of the Southern Urals and the GDR was considered in the USSR as a part of traditional ideological and moral education. Foreign correspondence and practical cooperation, such as the organization of short-term assignments and trainings for teachers, guided tours for students, joint vacations in summer camps, spiritually enriched students and motivated them to improve their own language skills. (shrink)
Bu kitapta, Ebû İshâk es-Saffâr’ın (öl. 534/1139) kelâmî görüşleri, Telḫîṣü’l-edille li-ḳavâʿidi’t-tevḥîd adlı eserinde Allah’ın isimlerinin anlamlarını açıklarken yaptığı yorumlar çerçevesinde ele alınmaktadır. Ebû İshâk es-Saffâr, 6./12. yüzyıl Hanefî-Mâtürîdî âlimlerinden biridir. Kelâma dair Telḫîṣü’l-edille eserinde esmâ-i hüsnâ konusuna ayrıntılı olarak yer vermektedir. İki cilt hâlinde yayımlanan bu eserin yaklaşık üçte birlik bir kısmını esmâ-i hüsnâ konusu oluşturmaktadır. Bu kısım incelendiğinde, Saffâr’ın Allah’ın varlığı, birliği ve sıfatları ile ilgili konular başta olmak üzere pek çok konuyu 175 esmâ-i hüsnâya dayanarak izah ettiği görülmektedir. (...) O, esmâ-i hüsnâ bölümünde yer vermediği bazı isimlere ise müstakil başlıklar altında değinmektedir. Örneğin el-Mütekkelim ismi kelâm sıfatını bağlamında ve halku’l-Kur’ân ile icâz’ul-Kur’ân gibi konularla ilişkili bir şekilde ele almaktadır. Bu isimler de listeye dahil edildiğinde sayı 178’e ulaşmaktadır. Bu durumda eserin yarısını esmâ-i hüsnâ konusu teşkil etmektedir. -/- Saffâr, esmâ-i hüsnâ bölümünde alfabetik bir sıra içerisinde ele aldığı ilâhî isimleri öncelikle lugavî (semantik) yönden izah etmektedir. Sonrasında ise değerlendirdiği ilahî ismi, bir kelâm konusu ile bağlantı kurarak kelâmî perspektifle açıklamaktadır Esmâ-i hüsnâ temelinde ele alınan konuların hilâfet meselesi hariç diğer kelâm bahislerini kapsadığı görülmektedir. Saffâr öncesi Hanefî-Mâtürîdî kelâm literatürü içinde esmâ-i hüsnânın bu kadar kapsamlı ele alındığı başka bir eser bilinmemektedir. -/- Bu kitap; üç ana bölümden oluşmaktadır. “Metodolojik Çerçeve” başlıklı giriş bölümünde çalışmanın konusu, önemi, amacı, yöntemi ve kaynakları hakkında bilgi verilmiştir. Birinci bölümde Saffâr’ın yaşadığı sosyokültürel çevre olan Mâverâünnehir bölgesi ile Buhara ve Merv şehirlerinin siyasî, sosyal ve dinî durumu ortaya konulmaya çalışılmıştır. İkinci bölümde esmâ-i hüsna konusunun anlaşılmasına temel oluşturan isim, tesmiye, müsemmâ, sıfat ve vasf gibi kavramlar ile esmâ-i hüsnânın sayısı ve ihsâsı gibi kelâmî tartışmalara değinilmiştir. Sonrasında Saffâr öncesi dönemde kaleme alınan esmâ-i hüsnâ litaratürü hakkında bilgi verilmiştir. Bölüm sonuna Saffâr’ın rivayet ettiği 178 ilahî isme dair ayrıntılı bir tablo eklenmiştir. Üçüncü bölümde öncelikle, Saffâr’ın esmâ-i hüsnâyı izah ederken dikkate aldığı kelâmî ilkeler tespit edilmeye çalışılmıştır. Sonrasında ise Saffâr’ın Telḫîṣü’l-edille’de ilâhî isimleri açıklarken ortaya koyduğu kelâmî görüş ve değerlendirmeler belirlenerek sistematik bir şekilde kategorize edilmiştir. Bu kapsamda ele alınan her konunun sonuna ilgili ilâhî isimleri ve bağlantılı olduğu tartışmaları içeren tablolar eklenmiştir. Sonuç bölümünde ise Saffâr’ın esmâ-i hüsnâ anlayışına dayanan kelâm yöntemine dair ulaştığımız sonuçlara yer verilmiştir. Bu kitapta onun, esmâ-i hüsnânın %75’inde kelâmî yorumlarda bulunduğu ve bilgi-varlık bahsinden âhiret hayatına kadar bütün kelâm konularını esmâ-i hüsnâ ile bağlantılı yorumladığı tespit edilmiştir. Ulaşılan bu sonuçlar, Saffâr’ın kelâm anlayışının ilâhî isimlerin yorumuna dayandığını ortaya koymaktadır. [his book discusses the theological views of Abū Isḥāq al-Ṣaffār d. 534/1139), within the framework of his comments on the meanings of Allah’s names, provided in his work titled Talkhīṣ al-adilla. Abū Isḥāq al-Ṣaffār is one of the Ḥanafite-Māturīdite scholars in the 6th/12th century. In his work titled Talkhīṣ al-adilla li-qawāʿid al-tawḥīd on kalām, he spared extensive space for al-asmāʾ al-husnā. Approximately one third of this work, published in two volumes, is devoted to al-asmāʾ al-husnā. An examination of the related section reveals that al-Ṣaffār explains many issues, particularly those related to the existence, unity and attributes of Allah, based on 175 al-asmāʾ al-husnā. He mentions some of the names that he does not include in the al-asmāʾ al-husnā section under separate headings. For example, the name al-Mutakallim is addressed within the context of the attribute of kalām and in relation to subjects, such as the khalq al-Qurʾān and i‘jaz al-Qurʾān. Upon the addition of these names to the list, the number names reaches 178. This means that half of the work deals with the subject of al-asmāʾ al-husnā. -/- al-Ṣaffār lists the divine names in alphabetical order and explains them semantically in the chapter of al-asmāʾ al-husnā. Then he goes on to clarify each divine name through a theological lens with a specific reference to the subject of kalām. In the pre-Saffar Ḥanafite-Māturīdite theological literature, there is no other work that addresses al-asmāʾ al-husnā in such an extensive way. -/- This book consists of three main sections. The first section titled “Methodological Framework”, elaborates on the focus, significance, purpose and method of the study, along with the sources used. The first part describes the political, social and religious status of Transoxiana (Mā-warāʾ al-Nahr) region and the cities of Bukhara and Marw, the sociocultural environment in which Saffar lived. The second chapter addresses various concepts, which promote the understanding of al-asmāʾ al-husnā, such as name, tasmiya, musammā, attribute and qualification in addition to the theological debates such as the number and iḥṣāʾ of al-asmāʾ al-husnā. Then, it provides information about the al-asmāʾ al-husnā literature produced in the pre- Ṣaffār period. The end of each chapter comes with a detailed table with the 178 divine names mentioned by al-Ṣaffār. In the third chapter, the author initially discusses the theological principles that al-Ṣaffār considered while explaining the essence of al-asmāʾ al-husnā. This section also determines and systematically categorizes the theological views and evaluations put forward by al-Ṣaffār while explaining the divine names in Talkhīṣ al-adilla. The tables with the divine names and the related discussions can be seen at the end of the discussion for each subject. The last section presents the conclusions reached, regarding the kalām method based on al-Ṣaffār’s understanding of the essence of al-asmāʾ al-husnā. The present study revealed that he made theological interpretations in 75% of the al-asmāʾ al-husnā and interpreted all theological issues ranging from the subjects of knowledge and existence to the Afterlife in connection with the al-asmāʾ al-husnā. These results indicate that al-Ṣaffār's understanding of kalām is based on the interpretation of the divine names.]. (shrink)
The question whether AI systems have agency is gaining increasing importance in discussions of responsibility for AI behavior. This paper argues that an approach to artificial agency needs to be teleological, and consider the role of human goals in particular if it is to adequately address the issue of responsibility. I will defend the view that while AI systems can be viewed as autonomous in the sense of identifying or pursuing goals, they rely on human goals and other values incorporated (...) into their design, and are, as such, dependent on human agents. As a consequence, AI systems cannot be held morally responsible, and responsibility attributions should take into account normative and social aspects involved in the design and deployment of the said AI. My argument falls in line with approaches critical of attributing moral agency to artificial agents, but draws from the philosophy of action, highlighting further philosophical underpinnings of current debates on artificial agency. (shrink)
: By introducing us into core concepts of Niklas Luhmann’s theory of social systems, Elena Esposito shows their relevance for contemporary social sciences and the study of unsettled times….
Here the philosopher and physicist David Z Albert argues, among other things, that the difference between past and future can be understood as a mechanical phenomenon of nature and that quantum mechanics makes it impossible to present the entirety of what can be said about the world as a narrative of “befores” and “afters.”.
This book is a consideration of Hegel’s view on logic and basic logical concepts such as truth, form, validity, and contradiction, and aims to assess this view’s relevance for contemporary philosophical logic. The literature on Hegel’s logic is fairly rich. The attention to contemporary philosophical logic places the present research closer to those works interested in the link between Hegel’s thought and analytical philosophy, Koch 2014, Brandom 2014, 1-15, Pippin 2016, Moyar 2017, Quante & Mooren 2018 among others). In this (...) context, one particularity of this book consists in focusing on something that has been generally underrated in the literature: the idea that, for Hegel as well as for Aristotle and many other authors, logic is the study of the forms of truth, i.e. the forms that our thought can assume in searching for truth. In this light, Hegel’s thinking about logic is a fundamental reference point for anyone interested in a philosophical foundation of logic. (shrink)
One of the central questions of material-object metaphysics is which highly visible objects there are right before our eyes. Daniel Z. Korman defends a conservative view, according to which our ordinary, natural judgments about which objects there are are more or less correct. He begins with an overview of the arguments that have led people away from the conservative view, into revisionary views according to which there are far more objects than we ordinarily take there to be or far fewer. (...) Korman criticizes a variety of compatibilist strategies, according to which these revisionary views are actually compatible with our ordinary beliefs. He goes on to respond to debunking arguments; objections that the conservative's verdicts about which objects that are and aren't are objectionably arbitrary; the argument from vagueness; the overdetermination argument; the argument from material constitution; and the problem of the many. (shrink)
This book is an attempt to get to the bottom of an acute and perennial tension between our best scientific pictures of the fundamental physical structure of the ...
It is widely held that the logical problem of evil, which alleges an inconsistency between the existence of evil and that of an omnipotent and morally perfect God, has been solved. D. Z. Phillips thinks this is a mistake. In The Problem of Evil and the Problem of God, he argues that, within the generally assumed framework, “neither the proposition ’God is omnipotent’ nor the proposition ‘God is perfectly good’ can get off the ground.” Thus, the problem of evil leads (...) to the problem of God. Phillips goes on to provide an alternative response to the problem of evil, expounded by means of his Wittgensteinian analyses of various concepts drawn from the Christian tradition. I argue that his criticisms of the traditional conception of God either fail outright or are at best inconclusive. I also point out that the religious concepts analyzed by Phillips are not and cannot be the same concepts as those employed in the Christian tradition from which they are supposedly drawn. For the concepts as traditionally employed presuppose the actual existence and activity of precisely the sort of being that, according to Phillips, “God cannot be.”. (shrink)
There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level harms (...) that cannot be disentangled from the goals of ongoing settler occupation and dispossession of Indigenous lands. While white feminist narratives of gender-based administrative violence in Latin America function to distance the places where such violence occurs from the ‘liberal democratic’ settler nation-states of the U.S. and Canada, we hold that administrative forms of reproductive violence against Latin American women are structurally connected to efforts in the U.S. and Canada to criminalize women of color and Indigenous women for their reproductive outcomes. The purpose of these systemically produced harms is to sustain cultures of gender-based violence in support of settler colonial configurations of power. (shrink)
This essay frames systemic patterns of mental abuse against women of color and Indigenous women on Turtle Island (North America) in terms of larger design-of-distribution strategies in settler colonial societies, as these societies use various forms of social power to distribute, reproduce, and automate social inequalities (including public health precarities and mortality disadvantages) that skew socio-economic gain continuously toward white settler populations and their descendants. It departs from traditional studies in gender-based violence research that frame mental abuses such as gaslighting--commonly (...) understood as mental manipulation through lying or deceit--stochastically, as chance-driven interpersonal phenomena. Building on structural analyses of knowledge in political epistemology (Dotson 2012, Berenstain 2016), political theory (Davis and Ernst 2017), and Indigenous social theory (Tuck and Yang 2012), I develop the notion of cultural gaslighting to refer to the social and historical infrastructural support mechanisms that disproportionately produce abusive mental ambients in settler colonial cultures in order to further the ends of cultural genocide and dispossession. I conclude by proposing a social epidemiological account of gaslighting that a) highlights the public health harms of abusive ambients for minority populations, b) illuminates the hidden rules of social structure in settler colonial societies, and c) amplifies the corresponding need for structural reparations. (shrink)
Highlighting main issues and controversies, this book brings together current philosophical discussions of symmetry in physics to provide an introduction to the subject for physicists and philosophers. The contributors cover all the fundamental symmetries of modern physics, such as CPT and permutation symmetry, as well as discussing symmetry-breaking and general interpretational issues. Classic texts are followed by new review articles and shorter commentaries for each topic. Suitable for courses on the foundations of physics, philosophy of physics and philosophy of science, (...) the volume is a valuable reference for students and researchers. (shrink)
Giorgi Lebanidze's book is a welcome contribution to the literature on Hegel's logic and metaphysics. It provides a well-grounded account of the ontologico-metaphysical relevance of Hegel's thought, and locates it within a lucid reconstruction of recent debates. As the author argues in the introduction, two lines have dominated the English-speaking literature on Hegel in the last thirty years: an epistemological reading that brings Hegel close to Kant, and a metaphysical reading that decouples Hegel from Kant. Paradigmatic for the two readings (...) are for Lebanidze Robert Pippin's groundbreaking Hegel's Idealism on the one side, and Robert Stern's Hegelian Metaphysics and Brady Bowman's Hegel and the... (shrink)
Many analyses of belief in the soul ignore the soul in the words. Dislocations of concepts occur when words are divorced from their normal implications. The ‘soul’ is sometimes the dislocated utterer of such words. Pictures, including pictures of the soul leaving the body, may mislead us by suggesting applications which they, in fact, do not have. But pictures of the soul may enter people's lives as desires for a temporal eternity. Contrasting conceptions of immortality and eternal life depend on (...) a willingness to say farewell to life. Atheistic denials of temporal eternities, do not appreciate these other possibilities. (shrink)