The state, by V.I. Lenin.--The revolutionary part played by law and the state; a general doctrine of law, by P.I. Stuchka.--The theory of Petrazhitskii: Marxism and social ideology. Law, our law, foreign law, general law, by M.A. Reisner.--The general theory of law and Marxism, by E.B. Pashukanis.--The right deviation in the Communist Party of Bolsheviks. Political report of the Central (Party) Committee to the XVI Congress, 1930, by J.V. Stalin.-- The Soviet state and the revolution in law, by E.B. Pashukanis.--Socialism (...) and law, by P. Yudin.--The fundamental tasks of the science of Soviet socialist law, by A.Y. Vyshinsky.--Report to the XVIII Party Congress, by J.V. Stalin.--The theory of the state and law, by S.A. Golunskii and M.S. Strogovich.--The Soviet state in the war for the fatherland, by A.Y. Vyshinsky.--The relationship between state and law, by I.P. Trainin. (shrink)

Cappelen and Dever challenge the widely accepted idea that some key aspect of intentional action is essentially indexical. They argue that the classical arguments for this coming from Perry are in fact arguments for a different phenomenon: the opacity of explanatory contexts. I agree with Cappelen and Dever that what Perry says about the ineliminability of indexical terms from explanations of intentional action fails to amount to an argument for this indexicality being essential. But this should not lead us to (...) be sceptics. In this paper, I present a different argument for the essential indexicality of intentional actions. The key premise of this argument is that intentions themselves are essentially indexical. I provide evidence for this premise and defend it against potential criticism. I also show how the essential indexicality of intentions can be used to vindicate Perry's original claims about the essential indexicality of certain beliefs and desires. (shrink)

Narratives of hope are omnipresent in democratic life, but what can they tell us about the structure and orientation of politics? While common, they are often reduced to an all-compassing understanding that overlooks hope's various forms and implications. Democratic theory, however, lacks the theoretical language to attend to these distinctions. The aim of this essay is thus to define a collective and political account of hope and recover the normative basis of a democratic theory of hope. Drawing on the literature (...) on hope and juxtaposing it with extracts from Harvey Milk's ‘The Hope Speech,’ I first distinguish its collective experience before turning to Hannah Arendt. While Arendt rejects a politics of hope that turns away from the world, exploring how she thinks with and against hope provides a theoretically fruitful approach that elevates the in-betweenness of its worldly expression. From that standpoint, I relate the work and experience of hoping with others to her notions of natality, action and promises. These three conceptual touchstones provide the normative basis of a democratic theory of hope and help situate a collective sense of possibility inherent in democratic politics. (shrink)

The separating and isolating tendencies of measuring practices can lead educators to lose sight of the aims and purposes of education. These end purposes can be used to guide and ensure that the activities of educators are educational, and therefore, Biesta recommends there is a need for educators to reconnect with them. This article. explores this notion of a ‘reconnection’ and argues that if educators are to challenge any potentially miseducative measuring practices, then this reconnection must require educators to value (...) and desire particular end purposes. Desires are recognised to be existential in character and are identified as being necessary for initiating actions. It is argued here that this aspect of desires is important for understanding the significance of a ‘reconnection’ because without it the purposes of education may remain only as abstract philosophical ideals. To make a difference and to challenge the isolating and miseducative tendencies of some measuring practices, educators must come to value particular purposes of education, and in addition, they must exercise the courage to enact them. This can be made possible because educators strongly care for and desire the actualisation of the purposes to which they are connected. (shrink)

This article pursues a Whiteheadian association of meals and cooking with an orienting concern for ecological well-being and planetary health. Process thought helps those who eat to recognize the real influences that our meals have upon the emerging world.

In lieu of an abstract, here is a brief excerpt of the content:Response to Paul Woodford, “A Liberal Versus Performance-Based Music Education?”Peter R. WebsterA study of the history of music teaching and learning in North America will likely reveal very few examples of extended and well-argued professional discourse. By "discourse" I mean a continuous expression or exchange of ideas designed to present contrasting views on important issues in the music teaching profession. Often our annual conventions are filled with presentations that (...) address a single perspective in research, pedagogy, or theory. "Special theme" issues of magazines are rarely devoted to contrasting points of view about music teaching and learning. Conferences are organized to promote single views on a subject, often speaking to a partisan audience that expects to be neither challenged to think in a contrary way nor encouraged to develop alternative perspectives.Of course there are some rare and wonderful exceptions. During my course on measurement and assessment in music, I frequently ask my students to read [End Page 208] the exchange in the pages of the Music Educators Journal during the late 1930s between James Mursell and Carl Seashore as they debated approaches to music aptitude testing.1 I recall the great exchange at the 1994 meeting of the Music Educators National Conference between Bennett Reimer and Edwin Gordon on the subject of music learning.2 In past eras, there have been notable "point-counterpoint" exchanges in the pages of the Bulletin of the Council of Research in Music Education,3 as well as interesting perspectives on completed doctoral dissertations that spawned some debate. More recently, contributions in Philosophy of Music Education Review have been notable, particularly given the recent upturn in published work and interest in music education philosophy that this very Symposium exemplifies. The formation of the MayDay group in recent years is no small example of this trend.4 I am sure that I have missed other examples. However, compare these few instances with the millions of pages that are written in our field and the hours of papers presented and conference sessions held and the examples of real discourse pale in comparison to the body of professional exchange.In his paper, especially in the early pages, Paul Woodford makes this point forcefully and effectively. He challenges us to consider just how few examples there are of real discourse within the profession. I enjoyed enormously the case made for liberal education as not defined by the teaching of a canon of great books or art works as an end but as a thoughtful discussion of ideas in light of con-temporary circumstance. The paper reminds us that the idea of criticism in our field need not be a negative concept in this current age of post-modern thought, but a positive mark of a maturing profession.I was sympathetic to Woodford's example of multiculturalism running the risk of becoming an absolutism to be imposed on children. I feel the same way at times about other trends in our field such as the rise of technology as a kind of end-experience or the encouragement of popular music in classrooms simply because it is such a dominant part of children's lives. Each of these aspects of modern music education is worthy of careful debate by intellectuals in our field in much more sophisticated ways then we see today. Woodford would have us believe that this is a major professional failure, and I tend to agree.Not to belabor this point too much, but what about the National Standards? How often do you see an article published in Music Educators Journal that actually takes issue with any aspect of the standards? Where is the national debate about the content, extension, redefinition, refocusing, and development of these standards? Are they so good that they are not the subject of at least some national debate?At core here, for me, is the notion that discourse involving critical comment leads not to a sense of competition for superiority but real understanding of complex [End Page 209] issues. Very little that is worth discussing is black and white, and nearly always there are levels of complex gray. Many of us learn this from our days on the high... (shrink)

This study examines the extent to which there has been a rise in ideologically based politics in Japan due to the decline in factionalism in the conservative Liberal Democratic Party (LDP). The study is based on two cases studies. The first is based on the notion of recruited by former Prime Minister Koizumi and his allies, who were heavily discouraged from joining a faction. The second model is based on an analysis of a junior MP groups which have played a (...) role in the internal management of the LDP independent of established party organizational structures. (shrink)

Schools in the United States have often been tasked with cultivating a political identity that is connected to the nation-state. In the civics classroom, this often means teaching a nation-state centered civic education, which can create a sense of disjuncture for some students. This year-long ethnographic study explores disenfranchised students living in the Virgin Islands’ political identities and interests and how their teachers responded to them. The findings suggest that students entered the classroom with developed and varied political interests and (...) identities that would not necessarily be recognized in a traditional nation-state centered civics class. Teachers responded by providing a culturally sustaining and humanizing civic education that honored their students’ diverse political and cultural identities and interests. (shrink)

Increasingly the body is a possession that does not belong to us. It is bought and sold, bartered and stolen, marketed wholesale or in parts. The professions - especially reproductive medicine, transplant surgery, and bioethics but also journalism and other cultural specialists - have been pliant partners in this accelerating commodification of live and dead human organisms. Under the guise of healing or research, they have contributed to a new 'ethic of parts' for which the divisible body is severed from (...) the self, torn from the social fabric, and thrust into commercial transactions -- as organs, secretions, reproductive capacities, and tissues -- responding to the dictates of an incipiently global marketplace. Breaking with established approaches which prioritize the body as 'text', the chapters in this book examine not only images of the body-turned-merchandise but actually existing organisms considered at once as material entities, semi-magical tokens, symbolic vectors and founts of lived experience. The topics covered range from the cultural disposal and media treatment of corpses, the biopolitics of cells, sperm banks and eugenics, to the international trafficking of kidneys, the development of 'transplant tourism', to the idioms of corporeal exploitation among prizefighters as a limiting case of fleshly commodity. This insightful and arresting volume combines perspectives from anthropology, law, medicine, and sociology to offer compelling analyses of the concrete ways in which the body is made into a commodity and how its marketization in turn remakes social relations and cultural meanings. (shrink)

My aim in this essay is to look back on and critically examine Tomis Kapitan’s (1949–2016) views of indexical language and indexical thought. Despite the novelty and insightfulness of Kapitan’s writings on these topics, his work has largely gone ignored. I believe this to be a tragic oversight, especially given the renewed interest in whether any of our thoughts might be essentially indexical. To be sure, there may be a reason for this oversight. In particular, Kapitan’s views are complex and (...) his writing often dense. So my hope is to do justice to his work on indexicality not only by making it more accessible but also by examining it in such a way as to demonstrate its strength and plausibility. (shrink)

An official misrepresentation of the law occurs when an official, acting as an agent of the state, represents what is legal or not in an erroneous or misleading way. Should reliance on such misrepresentations excuse one from criminal responsibility? American courts presently recognize two official misrepresentation defenses: Entrapment by Estoppel and Public Authority. However, there is disagreement about what constitutes these defenses and what their limits are. Part of the confusion surrounds why these defenses are justified at all, especially given (...) the general principle ignorantia juris non excusat. We propose an answer to this justification question: these defenses are justified because official misrepresentations preclude knowledge of the illegality of the acts in question. It is not simply that someone on the receiving end did not know; they could not know. We develop this account, linking it to due process and fairness, and then use it to clarify Entrapment by Estoppel and Public Authority and argue both should be subject to important restrictions. (shrink)

For the 15 member states of the Caribbean Community to join and to introduce a measure of equity to the emergent global information society, they must be able to manage and exploit digital communication networks, technologies, products and services in ways that nurture and advance Caribbean knowledge, culture and development. This requires a type of digital access to the new telecommunication infrastructures these small developing countries as yet have been unable to attain. As a consequence, this paper develops a six‐layered (...) model of societal access that includes physical, financial, cognitive, secure, administrative and operational components, and argues that in the absence of all of these layers functioning together, less advanced economies like those in the Caricom grouping cannot begin to build local innovation, foster knowledge creation and advocate increased equity in the evolving networked society. (shrink)

This entirely new work guides the reader through the most basic systems of modal propositional logic up to systems of modal predicate with identity, dealing with both technical developments and discussing philosophical applications.

Hugh H. Benson explores Plato's answer to Clitophon's challenge, the question of how one can acquire the knowledge Socrates argues is essential to human flourishing-knowledge we all seem to lack. Plato suggests two methods by which this knowledge may be gained: the first is learning from those who already have the knowledge one seeks, and the second is discovering the knowledge one seeks on one's own. The book begins with a brief look at some of the Socratic dialogues where (...) Plato appears to recommend the former approach while simultaneously indicating various difficulties in pursuing it. The remainder of the book focuses on Plato's recommendation in some of his most important and central dialogues-the Meno, Phaedo, and Republic-for carrying out the second approach: de novo inquiry. The book turns first to the famous paradox concerning the possibility of such an inquiry and explores Plato's apparent solution. Having defended the possibility of de novo inquiry as a response to Clitophon's challenge, Plato explains the method or procedure by which such inquiry is to be carried out. The book defends the controversial thesis that the method of hypothesis, as described and practiced in the Meno, Phaedo, and Republic, is, when practiced correctly, Plato's recommended method of acquiring on one's own the essential knowledge we lack. The method of hypothesis when practiced correctly is, then, Platonic dialectic, and this is Plato's response to Clitophon's challenge. (shrink)

While the early Platonic dialogues have often been explored and appreciated for their ethical content, this is the first book devoted solely to the epistemology of Plato's early dialogues. Author Hugh H. Benson argues that the characteristic features of these dialogues- -Socrates' method of questions and answers, his fascination with definition, his professions of ignorance, and his thesis that virtue is knowledge- -are decidedly epistemological. In this thoughtful study, Benson uncovers the model of knowledge that underlies these distinctively Socratic (...) views. What emerges is unfamiliar, yet closer to a contemporary conception of scientific understanding than ordinary knowledge. (shrink)

One challenge in providing an adequate definition of physical disability is unifying the heterogeneous bodily conditions that count as disabilities. We examine recent proposals by Elizabeth Barnes (2016), and Dana Howard and Sean Aas (2018), and show how this debate has reached an impasse. Barnes’ account struggles to deliver principled unification of the category of disability, whilst Howard and Aas’ account risks inappropriately sidelining the body. We argue that this impasse can be broken using a novel concept: marginalised functioning. Marginalised (...) functioning concerns the relationship between a person’s bodily capacities and their social world: specifically, their ability to function in line with the default norms about how people can typically physically function that influence the structuring of social space. We argue that attending to marginalised functioning allows us to develop, not one, but three different models of disability, all of which—whilst having different strengths and weaknesses—unify the category of disability without sidelining the body. (shrink)

Many firms are striving to improve their environmental positions by presenting their environmental efforts to the public. To do so, they are applying green marketing strategies to help gain competitive advantage and appeal to ecologically conscious consumers. However, not all green marketing claims accurately reflect firms’ environmental conduct, and can be viewed as ‘greenwashing’. Greenwashing may not only affect a company’s profitability, but more importantly, result in ethical harm. Therefore, this research extends past greenwashing studies by examining additional influences on (...) and outcomes of perceived greenwashing. To do so, we conducted two studies, an interview study with consumer product and consulting firms, as well as an experiment examining consumers interacting with a company website. For these studies, we used multiple methods, including interviews, questionnaires, and neurophysiological techniques. We found that perceived greenwashing relates not only to environmental and product perceptions, but also to consumers’ happiness while interacting with the website. We also found that website interactivity relates to perceived greenwashing, environmental and product perceptions, and to the amount of interaction with the website. We conclude by discussing managerial and ethical implications for research and practice. (shrink)

In the past decade, policy-makers in science have been concerned with harmonizing research integrity standards across Europe. These standards are encapsulated in the European Code of Conduct for Research Integrity. Yet, almost every European country today has its own national-level code of conduct for research integrity. In this study we document in detail how national-level codes diverge on almost all aspects concerning research integrity – except for what constitutes egregious misconduct. Besides allowing for potentially unfair responses to joint misconduct by (...) international collaborations, we argue that the divergences raise questions about the envisaged self-regulatory function of the codes of conduct. (shrink)

In Between Facts and Norms (1996) Habermas presents the more straightforward normative discourse theory of law and democracy, in terms of contemporary legal orders, and then examines, in terms of social theory, whether the theory is plausible, given the complex nature of today’s conditions. The following article focuses in particular on Habermas’ social theory. It is critical of Habermas’ idea of ‘the lifeworld’ and discusses whether the circulation-of-power model might be mapped onto the system–lifeworld model.

This article addresses the issue of love in war from the position of an officer actively engaged in the training of officers in the British army over many years. It describes the ethos which informs this training and proposes that a better analogy is with the Golden Rule.