Africa, before European colonization, knew no other form of legal system outside customary arrangements. Based on secondary sources and a primary survey conducted between 2009 and 2010 on the situation of women and land rights in anglophone Cameroon, this paper examines the grounds for discrimination in customary laws against women's rights to land in the context of legal pluralism, and discusses the implications of this custom of gender discrimination. In drawing from Cameroon as an exemplar, it concludes that the strong (...) influence and impact of customs on current land tenure systems have global implications on women's land rights, food security and sustainable development, and that gender equality in land matters can be possible only where the critical role of ethics is recognized in pursuit of the economic motive of land rights. (shrink)

In this article, we examine how the U.N. Convention on the Rights of the Child can be useful in pediatric bioethics. Adopted in 1989, the CRC reflects norms that have been deliberated upon for a long period of time and endorsed by most nations. The United States is now the only country that has not ratified the CRC.1 International human rights law shares many key moral concepts with clinical pediatric bioethics, and the CRC provides a considered language common to many (...) jurisdictions that can assist bioethicists in their daily practice and help health-care organizations in their policy development and international interactions. There may, however, be practical challenges with using the CRC in the practice of.. (shrink)

Introduction: Time and the shared world -- The "subject" of inquiry -- Mineness and the practical first-person -- Being and otherness: Sartre's critique -- Heideggerian aprioricity and the categories of being -- The temporality of care -- Fursorge: acknowledging the other Dasein -- Authenticity, inauthenticity, and the extremes of Fursorge -- Conclusion.

Written by two of the leading figures in the field, this is a lucid and systematic introduction to semantics as applied to transformational grammars of the ...

For the first time, the reader can have a synoptic view of the reception of Pythagoras and Pythagoreanism in the Middle Ages and the Renaissance, East and West, in a multicultural perspective. All the major themes of Pythagoreanism are addressed, from mathematics, number philosophy and metaphysics to ethics and religious thought.

It has often been argued that Humean accounts of natural law cannot account for the role played by laws in scientific explanations. Loewer (Philosophical Studies 2012) has offered a new reply to this argument on behalf of Humean accounts—a reply that distinguishes between grounding (which Loewer portrays as underwriting a kind of metaphysical explanation) and scientific explanation. I will argue that Loewer’s reply fails because it cannot accommodate the relation between metaphysical and scientific explanation. This relation also resolves a puzzle (...) about scientific explanation that Hempel and Oppenheim (Philosophy of Science 15:135–75, 1948) encountered. (shrink)

This book offers a major reassessment of Peter Abelard's modal logic and theory of modalities, presenting them as far more uniform and consistent than was until now recognized. Irene Binini offers new ways of connecting Abelard's modal views with other parts of his logic, semantics, metaphysics and theology. Further, the work also provides a comprehensive study of the logical context in which Abelard's theories originated and developed, by presenting fresh evidence about many 11th- and 12th-century sources that are still (...) unpublished. This analysis sheds new light on the relations between Abelard and ancient authors such as Aristotle, Boethius, and Priscian, as well as between Abelard and his contemporaries, such as Anselm of Canterbury, William of Champeaux, Joscelin of Soissons, and Alberic of Paris. (shrink)

A fascinating account of exemplarity in the context of deconstruction.

Buch 1. Geschichte des Materialismus bis auf Kant.--Buch 2. Geschichte des Materialismus seit Kant.

The automatic prediction of court case judgments using Deep Learning and Natural Language Processing is challenged by the variety of norms and regulations, the inherent complexity of the forensic language, and the length of legal judgments. Although state-of-the-art transformer-based architectures and Large Language Models (LLMs) are pre-trained on large-scale datasets, the underlying model reasoning is not transparent to the legal expert. This paper jointly addresses court judgment prediction and explanation by not only predicting the judgment but also providing legal experts (...) with sentence-based explanations. To boost the performance of both tasks we leverage a legal named entity recognition step, which automatically annotates documents with meaningful domain-specific entity tags and masks the corresponding fine-grained descriptions. In such a way, transformer-based architectures and Large Language Models can attend to in-domain entity-related information in the inference process while neglecting irrelevant details. Furthermore, the explainer can boost the relevance of entity-enriched sentences while limiting the diffusion of potentially sensitive information. We also explore the use of in-context learning and lightweight fine-tuning to tailor LLMs to the legal language style and the downstream prediction and explanation tasks. The results obtained on a benchmark dataset from the Indian judicial system show the superior performance of entity-aware approaches to both judgment prediction and explanation. (shrink)

El sistema penitenciario de Ecuador enfrenta una crisis estructural de proporciones preocupantes. Esta investigación se centra en analizar las diversas causas que han precipitado esta situación, con el objetivo de determinar la responsabilidad del Estado ecuatoriano en esta crisis. Se examina específicamente si el Estado cumple adecuadamente con su obligación de rehabilitar a los condenados y reintegrarlos a la sociedad tras el cumplimiento de sus penas. Se evidencia una ausencia significativa de programas efectivos de reinserción para las Personas Privadas de (...) Libertad (PPL), lo que directamente contribuye a la crisis carcelaria actúa. El propósito de este estudio es analizar críticamente la situación del sistema penitenciario ecuatoriano, identificando las deficiencias en los programas de rehabilitación y reinserción social ofrecidos a las PPL. Se busca determinar si el Estado es el principal responsable de la crisis carcelaria mediante el análisis de diversas fuentes bibliográficas y la evaluación de su cumplimiento de las obligaciones legales y humanitarias hacia este grupo vulnerable. Se llevó a cabo una investigación cualitativa, donde se analizaron diversas fuentes bibliográficas especializadas para abordar el problema del sistema penitenciario en Ecuador. Se examinaron informes gubernamentales, estudios académicos y documentos legales pertinentes para comprender a fondo las causas subyacentes de la crisis carcelaria. Esta metodología permitió una evaluación exhaustiva de las deficiencias institucionales y la falta de programas de rehabilitación adecuados para las PPL en el país. Los resultados de la investigación revelan una serie de factores que contribuyen a la crisis carcelaria en Ecuador. Entre ellos se destacan el hacinamiento, la sobrepoblación, el debilitamiento institucional, el tráfico de drogas y armas, entre otros. Se evidencia que el Estado no cumple adecuadamente con su obligación de rehabilitar a los condenados y reintegrarlos a la sociedad, lo que agrava la situación y hace más miserable la vida de las PPL dentro de los centros de reclusión. Este estudio confirma que el Estado ecuatoriano es el principal responsable de la crisis carcelaria existente en el país. La falta de programas efectivos de rehabilitación y reinserción social para las PPL, junto con otras deficiencias institucionales, ha exacerbado la situación. Es imperativo que el Estado tome medidas urgentes y efectivas para abordar estas deficiencias y garantizar el respeto de los derechos humanos y la dignidad de las personas privadas de libertad en Ecuador. (shrink)

Why do forces compose according to the parallelogram of forces? This question has been controversial; it is one episode in a longstanding, fundamental dispute regarding which facts are not to be explained dynamically. If the parallelogram law is explained statically, then the laws of statics are separate from and “transcend” the laws of dynamics. Alternatively, if the parallelogram law is explained dynamically, then statical laws become mere corollaries to the dynamical laws. I shall attempt to trace the history of this (...) controversy in order to identify what it would be for one or the other of these rival views to be correct. I shall argue that various familiar accounts of natural law not only make it difficult to see what the point of this dispute could have been, but also improperly foreclose some serious scientific options. I will sketch an alternative account of laws that helps us to understand what this dispute was all about. (shrink)

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, and argue (...) that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology. (shrink)

Plato and the Metaphysical Feminine offers a new interpretation of the role of the female and the feminine in Plato's political dialogues--the Republic, Laws, and Timaeus--informed by Deleuze's film theory and Irigaray's psychoanalytic feminism. Irene Han reads Plato against the grain in order to close the gap between the vitalists and Plato, instead of magnifying their differences. Han explores the ambivalence that the vitalist tradition, Irigaray, and Derrida have towards Platonism. The application of Deleuzian and Irigarayan concepts to the (...) ancient texts produces a new reading of Plato, focusing on the centrality and importance of motion, change, sensuality, and becoming to Platonic philosophy and, thereby, reinterprets Platonic philosophy in the direction of Heraclitus rather than Parmenides: as feminist rather than masculinist, and as mimetic. It therefore prioritizes Heraclitean principles of movement and flux over Form, the feminine over masculine, and materiality, feeling, or sensation over abstraction and universal essence. Han's exploration illustrates how, in Plato's thought, the feminine maps itself onto the plane of phenomena--a plane associated with vitalist themes such as motion, tactility, and change (metabolē). Platonic metaphysics is recontextualized by illustrating how Being expresses itself through processes of (feminine) becoming. With this reformulation, the resulting account of Platonic Being destabilizes any purported Platonic dualism. (shrink)

For a few decades now, debates around the effects of 'new public measures' in education have pointed to how the emphasis on increased accountability and high stakes testing has led to some worrying phenomena, thus changing teachers' practices and roles. These include narrowing of the curriculum, gaming and teaching to the test. This chapter discusses these kinds of knowledge and abilities as fundamentally depending on our understanding of the role of teachers within an educational system and in relation to educational (...) aims. The particular standpoint from which it tackles these issues revolves around asking whether the notion of autonomy is significant to teachers' roles and activities, and hence bears on our conception of teaching expertise. The chapter argues that the notion of autonomy is problematic: it conflates rather different psychological, phenomenological and normative elements. The discussion in the chapter culminates in an analysis of current policy arrangements in England. (shrink)

This paper examines the professions as examples of “moral community” and explores how professional leaders possessed of moral intelligence can make a contribution to enhance the ethical fabric of their communities. The paper offers a model of ethical leadership in the professional business sector that will improve our understanding of how ethical behavior in the professions confers legitimacy and sustainability necessary to achieving the professions’ goals, and how a leadership approach to ethics can serve as an effective tool for the (...) dissemination of moral values in the organization. (shrink)

Historically, the hypothesis driving emotion research has been that emotion’s data-base—in language, physiology, and behavior— is organized around specific mental states, as reflected in evaluative language. It is suggested that this approach has not greatly advanced a natural science of emotion and that the developing motivational model of emotion defines a better path: emotion is an evolved trait founded on motivational neural circuitry shared by mammalian species, primitively prompting heightened perceptual processing and reflex mobilization for action to appetitive or threatening (...) survival cues. As the field moves forward with increasingly sophisticated measurement technology and assessing more complex affective functioning, scientific understanding of human emotion will proceed best within the framework of this mammalian brain model. (shrink)

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economieswhere weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which the firm is a (...) resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

Abstract:Analysis of ethical conduct of business organizations has hitherto placed primary emphasis on the conduct of that corporation’s managers because ethical conduct, like all conduct, must manifest itself through individual behavior. This paper argues that in the real world corporate actions are influenced, to a considerable extent, by external market-based conditions. Therefore, a more comprehensive explanation of ethical business conduct must incorporate both corporate, i.e., internal considerations, and competitive, industry structure-based, i.e., external considerations. A framework is presented that provides a (...) systematic analysis of the interactive effect between different types of external market-based competitive conditions, institutional opportunities to engage in ethical behavior, and the likelihood that corporations would do so. The analytical framework leads to recommendations as to the types of actions that might be more effective in improving business ethical conduct under varying sets of market-based competitive conditions. (shrink)

By putting existential phenomenology into conversation with virtue ethics, this book offers a new interpretation of human flourishing. It rejects characterizations of flourishing as either a private subjective state or an objective worldly status, arguing that flourishing is rather a successfully negotiated self-world fit – a condition involving both the essential dependence of the self upon the world and others, and the lived normative responsiveness of the agent striving to be in the world well. A central argument of the book (...) is that there is an irreducible normative plurality arising from the different practical perspectives we can adopt – the first, second, and third-person stances – all of which make different kinds of normative claim that we understand ourselves as having reason to meet. Flourishing is human excellence within each of these normative domains achieved in such a way that success in one domain does not compromise success in another. Existential Flourishing provides a correspondingly transformed interpretation of the virtues as solutions to various existential problems we face in responding to these normative domains. The book also addresses traditional problems in virtue ethics and analyzes the structure of four virtues in detail: justice, patience, modesty, and courage. (shrink)

. In this paper, we consider the nature of recent corporate abuses both in the U.S. and in Europe, and how globalization has had an impact on amplifying their consequences. We discuss the rules-based and principles-based remedies that have been proposed in each region, respectively. With a focus on the U.S. Sarbanes-Oxley Act (SOA), we examine the principles forwarded by this act, and how it addresses those principles with specific rules and governance mechanisms. Invoking Integrative Social Contracts Theory (ISCT), we (...) conclude with a reconciliation of the principles and rules-based approaches to corporate governance as suggested by theory. (shrink)

As sophisticated artificial intelligence software becomes more ubiquitously and more intimately integrated within domains of traditionally human endeavor, many are raising questions over how responsibility (be it moral, legal, or causal) can be understood for an AI’s actions or influence on an outcome. So called “responsibility gaps” occur whenever there exists an apparent chasm in the ordinary attribution of moral blame or responsibility when an AI automates physical or cognitive labor otherwise performed by human beings and commits an error. Healthcare (...) administration is an industry ripe for responsibility gaps produced by these kinds of AI. The moral stakes of healthcare are often life and death, and the demand for reducing clinical uncertainty while standardizing care incentivizes the development and integration of AI diagnosticians and prognosticators. In this paper, we argue that (1) responsibility gaps are generated by “black box” healthcare AI, (2) the presence of responsibility gaps (if unaddressed) creates serious moral problems, (3) a suitable solution is for relevant stakeholders to voluntarily responsibilize the gaps, taking on some moral responsibility for things they are not, strictly speaking, blameworthy for, and (4) should this solution be taken, black box healthcare AI will be permissible in the provision of healthcare. (shrink)

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economieswhere weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which the firm is a (...) resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

A German writer's aphoristic, poetic, and difficult reflections on Heidegger's Being and Time. There is a beyond of reason and unreason. It is the human psyche. —Positive Nihilism Like many German intellectuals, Hartmut Lange has long grappled with Heidegger. Positive Nihilism is the result of a lifetime of reading Being and Time and offers a series of reflections that are aphoristic, poetic, and (appropriately, considering his object of study) difficult. Lange begins with an abyss (“There is an abyss of the (...) finite. It is temporality”) and proceeds almost immediately to extremity: “The twentieth century was governed by psychopaths. They collapsed the boundaries of moral reason and refuted Kant's analysis of consciousness.” He reflects further: “But who shall punish whom? One man's virtue is another man's crime. Thus Hitler could feel unwaveringly, as he wiped out entire populations, the starry sky above him and the moral law within him, as stipulated by Kant.” He considers the concept of civilization (“misleading”; “how should one oppose the remedies of civilization to the egomania, the murderous appetites of such outright psychopaths as Stalin or Pol Pot?”), the act of thinking (a fata morgana), the psyche, and Heidegger's Dasein. Positive Nihilism can be considered a pocket companion to Being and Time. “Heidegger's understanding of Being is nihilistic,” Lange writes, and then explains his assertion. He draws on Kant, Nietzsche, Kierkegaard, and Shakespeare's Othello for supporting arguments and illustrations. “Everyone is possessed of the courage to have angst about death. The question is whether this courage necessarily secures those vital advantages Heidegger alleges”–that “self-understanding [is] the mental anticipation of death.” Lange wrestles with Heidegger's position, calling on Tolstoy, Georg Trakl, Herman Bang, and Heinrich von Kleist to argue against it. (shrink)

Recent attempts to explain why modesty should be considered a virtue have failed. A more adequate account is that modesty involves understanding how far one's accomplishments ought to be taken as definitive of one's value. Modest people communicate this self-understanding through behaviour motivated by the desire to ensure that their accomplishments do not cause pain to others. This virtuous mode of self-awareness involves recognizing that one is both defined by social standards of success and irreducible to these assessments. Modest agents (...) do not think themselves ‘better’ than others, but recognize that they rank higher on the particular social standard in question. They thus both avoid causing pain and serve as exemplars of virtuous self-responsibility. (shrink)

Philosophical Papers, Volume 41, Issue 1, Page 129-147, March 2012.