The U.S. Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, among others. This approach, derivative of a private-law model of dispute resolution, sits in tension with the rights claims typical of a pluralistic jurisdiction with a mature (...) rights culture, in which litigants more often disagree, reasonably, about the scope of rights rather than deny that others have them at all. In order to overcome the mismatch between the nature of the rights claims the Court faces and its anachronistic technology of adjudication, it will need not only to adopt a form of proportionality analysis but it will also need to adjust the ways in which it receives and assesses empirical social facts and it will need to broaden its remedial toolkit to include, for example, suspensions of invalidity. While proportionality is far from perfect, its flaws are anticipated by the challenges of constitutional democracy itself under conditions of pluralism. (shrink)

Este ensayo aborda el curioso desdén que muchos originalistas muestran respecto de la Enmienda Decimocuarta a la Constitución estadounidense. De acuerdo a las premisas teóricas originalistas, el análisis del texto, la historia y la estructura de esta Enmienda deberían ocupar un lugar central en las discusiones sobre derechos incorporados, acción afirmativa y federalismo; sin embargo, en estas discusiones los originalistas la minimizan, como lo hacen, en general, con el período de la Reconstrucción. El artículo sugiere que tanto la Enmienda como (...) la Reconstrucción representan para ellos una historia poco útil, en comparación con la del momento de la Fundación, por varias razones: las enmiendas de la Reconstrucción fueron en gran parte fracasos en su tiempo; el lenguaje abstracto de la Enmienda XIV no facilita la resolución de las controversias actuales sobre su significado, y la Reconstrucción se asocia en la memoria nacional con un momento doloroso de división y guerra civil. Estas limitaciones, observa el autor, sugieren que el originalismo en la práctica es un proyecto moral, tanto o más que un proyecto hermenéutico. (shrink)

Taking the Hagar story as the central biblical resource to address the particular plight of Black women—a plight that reckons with patriarchal and White supremacist forces that desire its enclosure—Delores Williams challenges both the traditional understanding of atonement theory which embraces the Cross as salvific and Black liberation theologies’ apocalyptical conceptions of a mighty liberating God. This article seeks to read Delores Williams closely to take seriously her theological development through literature more broadly and her soteriological critiques of the Cross (...) specifically. A rereading of Williams will provide the grounds for continuing the debate of the Cross’s significance within Black theological thought at large. Analyzing Williams’ soteriological critiques will allow me to offer a reading of the Cross that ultimately relies on Williams’ emphatic rejection. Such a rejection of the Cross is necessary for understanding how Black Christianity centers the Cross in order to reject it, as it is intended to be. (shrink)

Accurate and reliable prediction of Perfobond Rib Shear Strength Connector is considered as a major issue in the structural engineering sector. Besides, selecting the most significant variables that have a major influence on PRSC in every important step for attaining economic and more accurate predictive models, this study investigates the capacity of deep learning neural network for shear strength prediction of PRSC. The proposed DLNN model is validated against support vector regression, artificial neural network, and M5 tree model. In the (...) second scenario, a comparable AI model hybridized with genetic algorithm as a robust bioinspired optimization approach for optimizing the related predictors for the PRSC is proposed. Hybridizing AI models with GA as a selector tool is an attempt to acquire the best accuracy of predictions with the fewest possible related parameters. In accordance with quantitative analysis, it can be observed that the GA-DLNN models required only 7 input parameters and yielded the best prediction accuracy with highest correlation coefficient and lowest value root mean square error. However, the other comparable models such as GA-M5Tree, GA-ANN, and GA-SVR required 10 input parameters to obtain a relatively acceptable level of accuracy. Employing GA as a feature parameter selection technique improves the precision of almost all hybrid models by optimally removing redundant variables which decrease the efficiency of the model. (shrink)

This article analyzes the unpublished dialogue between James Baldwin and Reinhold Niebuhr where they discussed the role of the Christian church in the wake of six child murders in Birmingham, Alabama on September 15, 1963. On that catastrophic day—one that is impossible to forget—the Ku Klux Klan bombed The Sixteenth Street Baptist Church, and two black boys were subsequently shot and killed. In the wake of that violence, this article will show that for Baldwin, the dynamite that exploded the face (...) of the “alabaster Christ” from the stained-glass window presents an opportunity for not only a new depiction of Jesus in terms of presentation—but more significantly—a brand-new Christology rooted in black liberation. Such a reading provides us with an unusual constructive theological position offered by Baldwin, especially once it is read alongside a public essay written by the Association of Artists for Freedom advocating for Black Christmas. (shrink)

Drawing on the historical insight of Emer de Vattel to build on the contemporary arguments of Michael Walzer and David Luban, this article develops a model of sufficient risk as a necessary condition for anticipatory war to be deemed self-defence. This model holds that an anticipatory war may constitute legitimate self-defence (as opposed to aggression) when it aims to forestall a threat that poses a sufficient risk to the anticipating state. This is the point where a threat is both sufficiently (...) likely to materialise and sufficiently large to pose a grave risk. Due to crucial problems with the imminence condition for self-defence, I propose that the sufficient risk condition subsume that of imminence. The power of this model lies in its ability to encapsulate all factors raised by previous authors that are morally relevant specifically for anticipatory wars and categorise them as contributing to the judgement of the likelihood of the threat materialising and/or the magnitude of the potential threat. This parsimonious categorisation increases the accuracy and clarity of the moral theory on anticipatory war, making it more robust to change in the types of threats faced by states, and less ripe for manipulation to justify immoral wars. (shrink)

The standard formulation of Newcomb's problem compares evidential and causal conceptions of expected utility, with those maximizing evidential expected utility tending to end up far richer. Thus, in a world in which agents face Newcomb problems, the evidential decision theorist might ask the causal decision theorist: "if you're so smart, why ain’cha rich?” Ultimately, however, the expected riches of evidential decision theorists in Newcomb problems do not vindicate their theory, because their success does not generalize. Consider a theory that allows (...) the agents who employ it to end up rich in worlds containing Newcomb problems and continues to outperform in other cases. This type of theory, which I call a “success-first” decision theory, is motivated by the desire to draw a tighter connection between rationality and success, rather than to support any particular account of expected utility. The primary aim of this paper is to provide a comprehensive justification of success-first decision theories as accounts of rational decision. I locate this justification in an experimental approach to decision theory supported by the aims of methodological naturalism. (shrink)

In spite of a renewed interest in the relationship between spirituality and managerial thinking, the literature covering the link between Islam and management has been sparse – especially in the area of ethics. One potential reason may be the cultural diversity of nearly 1.3 billion Muslims globally. Yet, one common element binding Muslim individuals and countries is normative Islam. Using all four sources of this religion’s teachings, we outline the parameters of an Islamic model of normative business ethics. We explain (...) how this ethics model seeks to balance the needs of multiple stakeholders, and discuss its enforcement mechanisms. This Islamic approach to business ethics is centered around criteria that are in common with stakeholder theory such as justice and balance, and includes unique additional criteria such as trust and benevolence. (shrink)

This article explores a phenomenon found in Berber whereby the extraction of dative arguments (of verbs, nouns and prepositions) gives rise to two occurrences of wh. One is a wh-word located in Spec,C and the other a wh-clitic in the dative form located in C (wh-clitic-doubling). Close examination reveals that the wh-word in Spec,C functions as an operator base-generated in its scope position and the dative wh-clitic in C provides it with a derivational link to the variable in the dative (...) position it binds (wh-Cliticisation). Wh-clitic-doubling and wh-Cliticisation amount to direct evidence for Cliticisation as a derivational interpretive mechanism of Grammar that obviates the need for indexing (Lebeaux 1983, Chomsky 1986, 1995). They also provide evidence for the conclusion in Kayne (1989) that Cliticisation is an instance of Head-Movement, more precisely, feature-based Head-Movement. (shrink)

This paper empirically investigates whether people’s implicit decision theory is more like causal decision theory or more like a non-causal decision theory (such as evidential decision theory). We also aim to determine whether implicit causalists, without prompting and without prior education, make a distinction that is crucial to causal decision theorists: preferring something _as a news item_ and preferring it _as an object of choice_. Finally, we investigate whether differences in people’s implicit decision theory correlate with differences in their level (...) of _future bias_: the preference for positively valenced events to be located in the future and not the past, and negatively valenced events to be located in the past and not the future. We find that people are overwhelmingly non-causalists. We also find that implicit causalists _do not_ make the distinction between news items and objects of choice, and that there is little to no correlation between people’s future bias and their implicit decision theory. We end by discussing the philosophical upshots of this work. (shrink)

This essay focuses on the normative teachings of Islam. Justice, honesty, and public welfare are the pillars of Islamic business ethics. These values have two major roots: (1) belief in and devotion to Allah (God), and (2) the earthly trusteeship that grounds moral accountability. The business values of productivity, hard work, and excellence are encouraged. However, at the heart of various injunctions relating to business transactions are the imperatives of lawfulness, honesty, and fair play. Products or services must be lawful, (...) and produced in lawful ways causing no undue harm to others or to the environment. Competition, distribution, and consumption must be lawful as well. Lawful behavior is enforced by consciousness of Allah, supportive social norms, and government control. Islamic norms may not be uniformly or strictly followed, yet they provide a helpful background to practitioners andresearchers. (shrink)

In this address, Mumia Abu-Jamal argues that a sustained commitment to revolutionary activity is no accident, that it depends upon an initial and irrevocable choice to change intolerable social conditions. The individual who makes such a choice, Abu-Jamal recognizes, is often aware of the suffering that his or her decision may entail. Citing the deliberately led lives of several revolutionaries, including Huey Newton, John Brown, and Ramona Africa, the author hopes that young people will draw inspiration from these (...) examples by understanding the importance and continued possibility of such a choice. (shrink)

In many areas, technology has facilitated many things, diagnosing diseases, regulating traffic and teaching students in schools rely on Intelligent systems to name a few. At present, traditional classroom-based education is no longer the most appropriate in schools. From here, the idea of intelligent e-learning for students to increase their culture and keep them updated in life began. E-learning has become an ideal solution, relying on artificial intelligence, which has a footprint in this through the development of systems based on (...) education without a teacher taking into account the individual differences of students. This study describes intelligent tutoring system for teaching the Data Manipulation Language (DML) Commands Using SQLite to non IT students to overcome the difficulties they face. The System was built as education system by using the researcher own authoring tool that based on mobile and web App. The basic idea of this system is a systematic introduction into the concept of Database and its DML query. The system presents the topic of DML Commands, help student to execute what they are learn from the system content using the practical part of the system and administers automatically adapted at run time to the student’s individual growth. The system was assessed by a group of teachers and students and the outcome showed as 91% from the database specialists, 94% from Diploma students group and 89% from the secondary school students group. (shrink)

The professions have focused considerable attention on developing codes of conduct. Despite their efforts there is considerable controversy regarding the propriety of professional codes of ethics. Many provisions of professional codes seem to exacerbate disputes between the profession and the public rather than providing a framework that satisfies the public''s desire for moral behavior.After examining three professional codes, we divide the provisions of professional codes into those provisions which urge professionals to avoid moral hazard, maintain professional courtesy and serve the (...) public interest. We note that whereas provisions urging the avoidance of moral hazard are uncontroversial, the public is suspicious of provisions protecting professional courtesy. Public interest provisions are controversial when the public and the profession disagree as to what is in the public interest. Based on these observations, we conclude with recommendations regarding the content of professional codes. (shrink)

Ce travail consiste à développer un sujet très spécial dans le corpus de la philosophie du moyen âge, plus précisément question de noétique chez un philosophe de l�occident musulman, mais l�article présent est juste la première partie de l�ensemble du travail, mais il reflète déjà la nouveauté et l�originalité de ce philosophe de l�Espagne musulmane. Le plus essentiel dans la noétique d�Ibn Bajja c�est l absence de l�intellect en puissance dans le schème des intellects, il y a juste l�intellect en (...) acte et la faculté cogitative, et la matière de la faculté cogitative ce sont les formes spirituelles intermédiaires, et là (nous pensons) un point important de l�originalité d�Ibn Bajja, ce sont des formes très proches de la nature des intelligibles grâce à la division des formes de la fantasia en deux parties: 1. par antériorité sur ce qui ressemble au sensible. 2. par postériorité sur ce qui ressemble à l�espèce. (shrink)

In articles such as “Speech Acts without Propositions?” (2006), Marina Sbisà advocates a “strong” conception of speech acts as means by which speakers modify their own and others’ deontic statuses, including their rights, obligations, and commitments. On this basis Sbisà challenges an influential approach to speech acts as typically if not universally possessing propositional contents. Sbisà argues that such an approach leads to viewing speech acts as primarily aimed at communicating propositional attitudes rather than carrying out socially and normatively significant (...) action. For this reason she advocates eschewing propositions from speech act theory’s conceptual toolkit; she also proposes a liberalization of the distinction between illocutionary force and semantic content, which are widely thought to be mutually exclusive. In this chapter we examine Sbisà’s reasoning and argue that while it does justify denying propositional attitudes a central role in communication, it does not justify dispensing with propositions or other contents in our theorizing about speech acts. In addition, we endorse Sbisà’s proposal for liberalizing the force/content distinction, and show a variety of ways in which force indicators may also possess semantic content. (shrink)

Dummett's output has been prolific and highly influential, but not always as accessible as it deserves to be. This book sets out to rectify this situation.

This is a new edition of T. H. Green's Prolegomena to Ethics (1883), a classic of modern philosophy, in which Green sets out his perfectionist ethical theory. In addition to the text of the Prolegomena itself, this new edition provides an introductory essay, a bibliographical essay, and an index. Brink's extended editorial introduction examines the context, themes, and significance of Green's work and will be of special interest to readers working on the history of ethics, ethical theory, political philosophy, and (...) nineteenth century philosophy. (shrink)

The first two seasons of Russian Doll ambitiously take on a number of topics in the Philosophy of Time. In particular, it addresses the metaphysics of time loops and time travel. The metaphysics of time are notoriously thorny and complicated, and Russian Doll provides a treatment of those issues that both does justice to their complexity as well as attempts to provide solutions to some of those issues (or at minimum, in some cases, hints at possible solutions). As is the (...) case with most enduring philosophical topics, the discussion does not happen in a philosophical vacuum. Just as a discussion of the nature of knowledge naturally leads to a discussion of the nature of truth, and so forth, discussions in the metaphysics of time naturally lead to discussions of the ethics of time travel, the nature of the universe, the nature of the reality, God, relativism, the nature of paradoxes, consciousness, and, perhaps most importantly, existential questions about how one should live. This chapter will provide a general account of the way these philosophical issues are presented in Russian Doll with an eye toward (1) explicating the ways in which the various characters in Russian Doll conceive of the issues, (2) making it clear what their responses to the issues are (in those instances in which responses are provided), and (3) where appropriate, evaluating those responses for philosophical consistency, accuracy, and plausibility. (shrink)

This paper aims at elaborating a very special topic relative to the medieval philosophy; particularly, the question of noetic as was dealt with by a philosopher of the Islamic occident. Although the article is but the first part of the whole work, it still reveals the originality and the innovative tendency brought about this philosopher. What is most essential in Ibn Bajja’s noetic is the absence of intellect in power and the presence of intellect in act, in the design of (...) intellects, in addition the substance of the cogitative faculty is the intermediate spiritual forms. It is here where shows up the most important aspect of his originality; the forms which are closer to the nature of the intelligible, by virtue of the division into two parts: 1. By anteriority with regard to who/what resembles the sensible. 2. By posteriority with regard to who/what resembles the species/the kind. (shrink)

These have been passed down from generation to generation. This book invites readers of any religion or none to drink from the wellspring of Islamic spirituality and use its wisdom to nourish their own spiritual path.

Since 9/11, citizens of all nations have been searching for a democratic public philosophy that provides practical and inspiring answers to the problems of the twenty-first century. Drawing on the wisdom of past and present pragmatist thinkers, Judith M. Green maps a contemporary form of citizenship that emphasizes participation and cooperation and reclaims the critical role of social movements and nongovernmental organizations. Starting with empowering processes of storytelling, truth and reconciliation, and collaborative vision-questing that allow individuals to give voice and (...) new meaning to their loss, anxiety, and hope, Green frames cooperative inquiries to guide transformative actions. From this "second strand" of the democratic experience, leaders and participating citizens can help to shape a more desirable democratic future. In dialogue with Richard Rorty, Judith Butler, James Baldwin, Martin Luther King Jr., Elie Wiesel, Viktor Frankl, Cornel West, and other contemporary thinkers, Green defines the need for deeper understanding and fulfillment of the potentials of the democratic ideal. Drawing insights from Thomas Jefferson, Walt Whitman, William James, John Dewey, Jane Adams, and other earlier thinkers, Green frames a pragmatist understanding of emerging realities and possibilities, growing wells of shared truths, multifaceted histories, and mutually transformative experiences of citizenship. Employing examples from America's complex history and from recent world events, Green locates four sites for effective citizen activism: government at all levels, nonprofit organizations, issue-focused campaigns and social movements, and daily urban living. Green shows how citizens can revive social hope and deepen the democratic experience by drawing on their own knowledge and developing their capabilities through inclusive civic participation. (shrink)

Cherche à mettre en évidence les principes théoriques qui peuvent être au fondement de toute recherche ou réflexion en sociologie de la musique.

As a type of evidence glass can be very useful contact trace material in a wide range of offences including burglaries and robberies, hit-and-run accidents, murders, assaults, ram-raids, criminal damage and thefts of and from motor vehicles. All of that offer the potential for glass fragments to be transferred from anything made of glass which breaks, to whoever or whatever was responsible. Variation in manufacture of glass allows considerable discrimination even with tiny fragments. In this study, we worked glass classification (...) and testing of artificial neural network model created by the JustNN. The aim of the study is help investigator in identifying the type of glass found in arena of the crime. The Neural Network model was trained and validated using the type of glass dataset. The accuracy of model in predicting the type of glass reached 96.7%. Thus neural network is suitable for predicating type of glasses. (shrink)

Consumer surveys indicate that concerns about privacy are a principal factor discouraging consumers from shopping online. The keypublic policy issue regarding privacy is whether the US should follow its current self-regulation course (where the FTC encourages websites to obtain private “privacy web-seals”), or whether a European style formal legal regulation approach should be adopted in the US.We conclude that the use of assurance seals has worked reasonably well and websites should be free to decide whether they have aprivacy seal or (...) not. Given the narrow scope and the wide variety among these seals, we do argue that the seals should commit themselves to the key features of a good privacy policy and that an opt-in provision be required. We believe that insufficient evidence exists to propose formal Government mandated Internet privacy regulation. (shrink)

Consumer surveys indicate that concerns about privacy are a principal factor discouraging consumers from shopping online. The keypublic policy issue regarding privacy is whether the US should follow its current self-regulation course, or whether a European style formal legal regulation approach should be adopted in the US.We conclude that the use of assurance seals has worked reasonably well and websites should be free to decide whether they have aprivacy seal or not. Given the narrow scope and the wide variety among (...) these seals, we do argue that the seals should commit themselves to the key features of a good privacy policy and that an opt-in provision be required. We believe that insufficient evidence exists to propose formal Government mandated Internet privacy regulation. (shrink)

Moving beyond poetry’s affective and semantic powers, south Indian rubrics of poetic analysis often examined poetry’s metaphysical dimensions. The poeticians of the Telugu country developed an especially rich body of work in this field, elaborating an analysis of auspiciousness in poetry and classifying minor genres of praise poetry called cāṭuprabandha wherein auspiciousness was particularly important. This article focuses on one witness to that tradition, the Lakṣaṇadīpikā of Gaurana. Previous scholars have cited the Lakṣaṇadīpikā as exemplifying this particular strand of thinking (...) in poetics in Andhra and contiguous regions. This paper concentrates on the metaphysical evaluation of poetry offered in the Lakṣaṇadīpikā as a way of detailing its sources and its place in the history of Sanskrit poetics more generally. Gaurana’s work is shown here to constitute an attempt at revising and reinforcing this analytical method by linking it to wider Sanskritic traditions of scholarship and ritual, specifically tantra and astrology. Ultimately, the paper argues that Gaurana’s project was meant to support a larger social argument for brahmanical prerogatives in the domain of poetic work. (shrink)

Despite the fact that Islam is one of the major religions, the frameworks of this faith are yet to be fully understood. As a consequence, it is being confused with activities contrary to its teachings. Islam has an elaborate treatment for almost every aspect of life including the affairs of business. Business is an acceptable and dignified occupation, which has to be conducted within the given frameworks. Islam encourages the creation, acquisition and consumption of wealth, and the fulfilling of certain (...) conditions in so doing. Wealth is held in trust as a gift from God. The terms of reference of this trust are to be complied with. Ethical principles do play a major role in shaping the behavior of a Muslim, in or out of business. In an era of globalization, the need for a better understanding of the premises of Islamic faith cannot be overemphasized. (shrink)

History of women philosophers in Australia delivered as part of a series of of lectures on many aspects of philosophy in Australia.

This paper argues that modern virtue ethics provides a useful background against which to read the philosophical import of Christine de Pizan’s works. By recognizing the origins of much of her thought in the Medieval tradition of virtue ethics, the paper brings out the continuity between her writing and a rich stream of contemporary ethical debate. It shows how Christine’s strand of feminism was deeply indebted to Medieval virtue ethics; both as found in Boethius and in contemporary compilations on the (...) virtues, on which Christine drew. At the same time, this tradition was subtly transformed by Christine, in order to elevate the status of women, as well as the traditional practical and worldly activities of women. Indeed, Christine’s feminism can be read as a direct application of her meditation on virtue and the good life. The paper concludes with a brief sketch of the way in which, during the three centuries subsequent to Christine, the nature of virtue and the virtues continued to provide a central focus in women’s philosophical writings. (shrink)

Despite the fact that Islam is one of the major religions, the frameworks of this faith are yet to be fully understood. As a consequence, it is being confused with activities contrary to its teachings. Islam has an elaborate treatment for almost every aspect of life including the affairs of business. Business is an acceptable and dignified occupation, which has to be conducted within the given frameworks. Islam encourages the creation, acquisition and consumption of wealth, and the fulfilling of certain (...) conditions in so doing. Wealth is held in trust as a gift from God. The terms of reference of this trust are to be complied with. Ethical principles do play a major role in shaping the behavior of a Muslim, in or out of business. In an era of globalization, the need for a better understanding of the premises of Islamic faith cannot be overemphasized. (shrink)