Ovaj rad se bavi metodološkim aspektima obnovljenih pravno-filozofskih nastojanja da se preispita pojam međunarodnog prava. Posle kratkog osvrta na istoriju pravne filozofije i ključne tačke Hartovog i Kelzenovog pozitivističkog stanovišta, u radu se dalje ispituje na koji način se savremene pravne teorije, kako u pozitivističkoj, tako i u ne-pozitivističkoj tradiciji, bave međunarodnim pravom. Poslednji deo rada predstavlja pokušaj da se skiciraju određene smernice za novi početak u filozofskoj obradi međunarodnog prava. Prvo, istorija rasprava u ovoj oblasti svedoči o tome (...) da su metodološki pravni teoretičari u pravu kada tvrde da nam utvrđivanje odgovarajućeg metoda pomaže u odgovoru na pitanje šta je pravo. Drugo, imajući na umu stalno promenjivu prirodu međunarodnog prava, odgovarajući metodološki pristup zahteva „evolucionarnu epistemologiju“ (D’Amato), koja teško da se može nazvati obeležjem analitičke jurisprudencije. Najzad, takva epistemologija je na kompleksan način povezana sa našim istraživanjem šta međunarodna pravda ili, bar, šta međunarodna „unutrašnja moralnost“ zahteva. (shrink)

Der Verfasser betrachtet Adornos Deutung der Strategie der modernen Kunst in ihrem Versuch der verdinglichtenWelt zu widerstehen. Diese Strategie bezeichnet der frankfurter Denker als Mimesis der Verdinglichung,?berzeugt davon, dass die Kunst gegen den Bann opponieren kann, nur inwiefern sie sich mit diesem identifiziert. Abstraktheit, Dissonanz und Nihilismus der modernen Kunst fasst Adorno geradezu als Mimesis der Verdinglichung auf. Das Ziel der modernen Kunst sei es, dass sie mit der eigenen "H?sslichkeit" eine verborgene H?sslichkeit derWelt entlarvt, d.h. dass sie den Rezipienten (...) schockiert und ihn dadurch aus der konformistischen Schl?frigkeit auff?hrt. Nachdem der Verfasser Adornos Deutung der Strategie der modernen Kunst betrachtet hat, bemerkt er, dass auch sie sich, nach Anfangserfolgen, der Herrschaft der instrumentalen Vernunft, d.h. derWelt, die sich auf dem abstrakten b?rgerlichen Prinzip des Tausches gr?ndet, als nicht gewachsen herausgestellt hat. Autor razmatra Adornovo tumacenje strategije moderne umetnosti u njenom pokusaju odolevanja postvarenom svetu. Ovu strategiju moderne umetnosti frankfurtski mislilac oznacava kao mimezis postvarenja, uveren da umetnost moze oponirati stezi ukletosti jedino ukoliko se identifikuje s njom. Apstraktnost, disonantnost i nihilizam moderne umetnosti Adorno shvata upravo kao mimezis postvarenja. Cilj moderne umetnosti je da vlastitom ruznocom razoblici prikrivenu "ruznocu" sveta, da svojom sokantnoscu trgne recipijenta iz konformistickog dremeza. Razmotrivsi Adornovo tumacenje strategije moderne umetnosti, autor primecuje da se i ona, nakon pocetnih uspeha, pokazala nedoraslom vladavini instrumentalnog uma, tj. svetu koji pociva na apstraktnom principu razmene. (shrink)

The crisis of contemporary art is a paradigmatic example of the crisis of spiritual values in today's world. The main cause of this crisis, it is argued, lies in the spirit of modern sciences. These do not find their object as a ready given, but rather determine it themselves, from their own standpoint, and thus basically produce it. Due to enormous technological development, modern civilization has turned the whole world into the Eleatic One. In materializing the uniform spirit of technology (...) in our world the role of the new audio-visual media: cinema, radio, television, video and the internet, has been crucial. Technology has become a powerful instrument of modern power: it has enabled a concentration of power in the hands of technical, cultural and political administration, as well as automatically expanding mass production and consumption, and finally subordination of people to methodic education, control and manipulation. These are main features of the spirit of the contemporary technical civilization where technology is not understood as something technical but rather as a mode of existence, connected with science and industry. By changing the way in which human life is lived, and the way in which human community is ordered, the purpose and perception of the work of art has also changed. Beauty is not taken to be a result of subjective experience and something belonging to the object as such. The sphere of the aesthetic has become the ground for manifesting relativism and subjectivism in various forms. With the development of knowledge and human power, the contemporary world has begun to sink into nihilism, losing a sense for anything bearing the stamp of individuality. In such a world, everything, including the sphere of spiritual values, is reduced merely to what is useful and efficient.. Kriza savremene umetnosti predstavlja paradigmatican primer krize duhovnih vrednosti u savremenom svetu. Glavni uzrok te krize autor vidi u duhu modernih nauka za koje je karakteristicno da svoj predmet ne nalaze kao gotovu datost, vec ga same odredjuju sa svog stanovista i tako ga iz osnova proizvode. Zahvaljujuci ogromnom razvitku tehnike moderna civilizacija je ceo svet pretvorila u elejsko jedno. Kljucnu ulogu u realizaciji uniformnog duha tehnike u nasoj savremenosti imali su novi audio vizuelni mediji: film, radio, televizija, video i Internet. Tehnika je postala mocan instrument moderne vlasti: ona je omogucila koncentraciju moci u rukama tehnicke, kulturne i politicke uprave, masovnu proizvodnju i potrosnju koje se automatski sire, podcinjavanje ljudi metodskom skolovanju, kontroli i manipulaciji. To su najvaznija obelezja duha savremene tehnicke civilizacije u kojoj se tehnika ne shvata kao nesto tehnicko vec kao jedan nacin egzistencije povezan s naukom i industrijom. Promenom nacina vodjenja ljudskog zivota, nacina uredjenja ljudske zajednice, promenjena je svrha i percepcija umetnickog dela. Lepota se shvata kao plod subjektivnog dozivljaja i ne pripada predmetu kao takvom. Sfera estetskog postala je najsire podrucje za razlicite vrste ispoljavanja relativizma i subjektivizma. Razvojem saznanja i ljudske moci, savremeni svet poceo je da tone u no? nihilizma i da gubi smisao za sve sto ima pecat individualnosti. U takvom svetu sve se, pa i sfera duhovnih vrednosti, svodi samo na ono sto je korisno i delotvorno. (shrink)

The anthology Unpacking Normativity, edited by Kenneth Einar Himma, Miodrag Jovanović, and Bojan Spaić, follows the international conference ‘Legal Normativity and Language’ which took place at the...

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Sections R1 to R3 attempt to take the sting out of hostile commentaries. Sections R4 to R5 engage Berlin and Kay and the World Color Survey to correct the record. Section R6 begins the formulation of a new theory of colour as an engineering project with a technological developmental trajectory. It is recommended that the colour space be abandoned.

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

In this target article the following hypotheses are discussed: (1) Colour is autonomous: a perceptuolinguistic and behavioural universal. (2) It is completely described by three independent attributes: hue, brightness, and saturation: (3) Phenomenologically and psychophysically there are four unique hues: red, green, blue, and yellow; (4) The unique hues are underpinned by two opponent psychophysical and/or neuronal channels: red/green, blue/yellow. The relevant literature is reviewed. We conclude: (i) Psychophysics and neurophysiology fail to set nontrivial constraints on colour categorization. (ii) Linguistic (...) evidence provides no grounds for the universality of basic colour categories. (iii) Neither the opponent hues red/green, blue/yellow nor hue, brightness, and saturation are intrinsic to a universal concept of colour. (iv) Colour is not autonomous. (shrink)

The current resurgence of interest in cognition and in the nature of cognitive processing has brought with it also a renewed interest in the early work of Husserl, which contains one of the most sustained attempts to come to grips with the problems of logic from a cognitive point of view. Logic, for Husserl, is a theory of science; but it is a theory which takes seriously the idea that scientific theories are constituted by the mental acts of cognitive subjects. (...) The present essay begins with an exposition of Husserl's act-based conception of what a science is, and goes on to consider his account of the role of linguistic meanings, of the ontology of scientific objects, and of evidence and truth. The essay concentrates almost exclusively on the Logical Investigations of 1900/01. This is not only because this work, which is surely Husserl's single most important masterpiece, has been overshadowed first of all by his Ideas I and then later by the Crisis. It is also because the Investigations contain, in a peculiarly clear and pregnant form, a whole panoply of ideas on logic and cognitive theory which either simply disappeared in Husserl's own later writings or became obfuscated by an admixture of that great mystery which is 'transcendental phenomenology'. (shrink)

Anthony Everett has argued that fictional realism entails that some fictional characters are indeterminately identical. Benjamin Schnieder and Tatjana von Solodkoff deny that fictional realism has that entailment. But, we argue in this paper, their view is arbitrary, since there is no reason to prefer their principles to alternative ones. We don’t take this to show that fictional realism should be rejected. But we do take this to show that fictional realists who deny that some fictional characters are indeterminately identical (...) need another response to Everett’s argument. (shrink)

This paper distinguishes four major types of futility (physiological, imminent demise, lethal condition, and qualitative) that have been advocated in the literature either in a patient dependent or a patient independent fashion. It proposes five criteria (precision, prospective, social acceptability, significant number, and non-agreement) that any definition of futility must satisfy if it is to serve as the basis for unilaterally limiting futile care. It then argues that none of the definitions that have been advocated meet the criteria, primarily because (...) their proponents have not paid sufficient attention to the problematic nature of the data supporting the use of their definitions. (shrink)

Tensism holds that the present moment has a special status that sets it apart from the past and the future, independently of perceivers. One of the main objections to this view has been Einstein’s argument from special relativity, which aims at showing that absolute simultaneity is a myth. We argue that the moving observer in a causal variant of Einstein’s original thought experiment is subject to a temporal illusion. Owing to the analogy of the cases, this casts doubt on the (...) conjectures that there is no privileged frame of reference and that special relativity poses a problem for tensism. (shrink)

Prohibition on sex selection may well be unnecessary and oppressive as well as posing risks to women’s lives The urge to select children’s sex is not new. The Babylonian Talmud, a Jewish text completed towards the end of the fifth century of the Christian era, advises couples on means to favour the birth of either a male or a female child.1 The development of amniocentesis alerted the public in the mid-1970s to the scientific potential for prenatal determination of fetal sex,2 (...) and progressive decriminalisation of abortion afforded choice about continuation of pregnancy. The more recent emergence of preimplantation genetic diagnosis (PGD) obviates resort to abortion, and improved techniques of sperm sorting and diagnosis permit creation of zygotes that will ensure the sex of a future child. Growth of biomedical means to select the sex of future children has been accompanied by fear that such means will be employed to favour births of sons, and so perpetuate devaluation of girl children and women’s inferior family and social status. A reaction to this fear has been the demand for legal and medical professional prohibition of sex selection techniques. For instance, the Council of Europe’s Convention on Human Rights and Biomedicine3 provides in article 14 that: The use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future child’s sex, except where serious hereditary sex-related disease is to be avoided. Legislation has been enacted in a number of countries, and proposed in others, to prohibit sex selection on non-medical grounds, such as the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 in India. In Canada, for instance, government draft legislation introduced in May 2002 proposes to make it a crime for any person, for the purpose of creating a human …. (shrink)

In ‘Truth, Relativism, and Serial Fiction’, Andrew McGonigal presents new data that a theory of truth in fiction should account for, and argues that the data is best accounted for by his relativist view. I argue against McGonigal’s relativist view and in favour of a more metaphysical view. The key feature of this view is that it is one on which the content of a work of fiction can change over time. Along the way I also argue against Ross Cameron’s (...) contextualist view. (shrink)

We presuppose a position of scientific realism to the effect (i) that the world exists and (ii) that through the working out of ever more sophisticated theories our scientific picture of reality will approximate ever more closely to the world as it really is. Against this background consider, now, the following question: 1. Do the empirical theories with the help of which we seek to approximate a good or true picture of reality rest on any non-empirical presuppositions? One can answer (...) this question with either a 'yes' or a 'no'. 'No' is the preferred answer of most contemporary methodologists -- Murray Rothbard is one distinguished counterexample to this trend -- who maintain that empirical theories are completely free of non-empirical ('a priori') admixtures and who see science as a matter of the gathering of pure 'data' obtained through simple observation. From such data scientific propositions are then supposed to be somehow capable of being established. (shrink)

In 2007, the Ethics and Governance Council of the UK Biobank commissioned a Report on ‘Concepts of Public Good and Pubic Interest in Access Policies’. This study considered the Biobank’s role as a ‘public good’ in respect to supporting and promoting health throughout society. However, the conditions under which access by third parties to UK Biobank are justified in the public interest have not been well considered. In this article, I propose to analyse the conditions that should allow such access. (...) My argument develops UK Biobank’s function as a ‘public good’ and in terms of its responsibilities as a public health institution; both to protect the rights of the participants and in having a role in reinforcing public goals. Although these two tasks may conflict, it is possible that resolute opposition to some third-party access demands—if properly justified in terms of a public interest—will be damaging to, rather than protective of, participants’ rights. To illustrate my argument, I consider the appropriate response to an extraordinary public emergency , such as a serious criminal investigation or disaster response, in terms of an ethical access policy. (shrink)

The need to make young scientists aware of their social responsibilities is widely acknowledged, although the question of how to actually do it has so far gained limited attention. A 2-day workshop entitled “Prepared for social responsibility?” attended by doctoral students from multiple disciplines in climate science, was targeted at the perceived needs of the participants and employed a format that took them through three stages of ethics education: sensitization, information and empowerment. The workshop aimed at preparing doctoral students to (...) manage ethical dilemmas that emerge when climate science meets the public sphere (e.g., to identify and balance legitimate perspectives on particular types of geo-engineering), and is an example of how to include social responsibility in doctoral education. The paper describes the workshop from the three different perspectives of the authors: the course teacher, the head of the graduate school, and a graduate student. The elements that contributed to the success of the workshop, and thus make it an example to follow, are (1) the involvement of participating students, (2) the introduction of external expertise and role models in climate science, and (3) a workshop design that focused on ethical analyses of examples from the climate sciences. (shrink)

Episodic memory has been analyzed in a number of different ways in both philosophy and psychology, and most controversy has centered on its self-referential, autonoetic character. Here, we offer a comprehensive characterization of episodic memory in representational terms and propose a novel functional account on this basis. We argue that episodic memory should be understood as a distinctive epistemic attitude taken toward an event simulation. In this view, episodic memory has a metarepresentational format and should not be equated with beliefs (...) about the past. Instead, empirical findings suggest that the contents of human episodic memory are often constructed in the service of the explicit justification of such beliefs. Existing accounts of episodic memory function that have focused on explaining its constructive character through its role in future-oriented mental time travel do justice neither to its capacity to ground veridical beliefs about the past nor to its representational format. We provide an account of the metarepresentational structure of episodic memory in terms of its role in communicative interaction. The generative nature of recollection allows us to represent and communicate the reasons why we hold certain beliefs about the past. In this process, autonoesis corresponds to the capacity to determine when and how to assert epistemic authority in making claims about the past. A domain where such claims are indispensable are human social engagements. Such engagements commonly require the justification of entitlements and obligations, which is often possible only by explicit reference to specific past events. (shrink)

Visual research methods like photography and digital storytelling are increasingly used in health and social sciences research as participatory approaches that benefit participants, researchers, and audiences. Visual methods involve a number of additional ethical considerations such as using identifiable content and ownership of creative outputs. As such, ethics committees should use different assessment frameworks to consider research protocols with visual methods. Here, we outline the limitations of ethics committees in assessing projects with a visual focus and highlight the sparse knowledge (...) on how researchers respond when they encounter ethical challenges in the practice of visual research. We propose a situated approach in relation to visual methodologies that encompasses a negotiated, flexible approach, given that ethical issues usually emerge in relation to the specific contexts of individual research projects. Drawing on available literature and two case studies, we identify and reflect on nuanced ethical implications in visual research, like tensions between aesthetics and research validity. The case studies highlight strategies developed in-situ to address the challenges two researchers encountered when using visual research methods, illustrating that some practice implications are not necessarily addressed using established ethical clearance procedures. A situated approach can ensure that visual research remains ethical, engaging, and rigorous. (shrink)

There is currently a debate over whether cognitive architecture is classical or connectionist in nature. One finds the following three comparisons between classical architecture and connectionist architecture made in the pro-connectionist literature in this debate: (1) connectionist architecture is neurally plausible and classical architecture is not; (2) connectionist architecture is far better suited to model pattern recognition capacities than is classical architecture; and (3) connectionist architecture is far better suited to model the acquisition of pattern recognition capacities by learning than (...) is classical architecture. If true, (1)-(3) would yield a compelling case against the view that cognitive architecture is classical, and would offer some reason to think that cognitive architecture may be connectionist. We first present the case for (1)-(3) in the very words of connectionist enthusiasts. We then argue that the currently available evidence fails to support any of (1)-(3). (shrink)

We investigate computational properties of propositional logics for dynamical systems. First, we consider logics for dynamic topological systems (W.f), fi, where W is a topological space and f a homeomorphism on W. The logics come with ‘modal’ operators interpreted by the topological closure and interior, and temporal operators interpreted along the orbits {w, f(w), f2 (w), ˙˙˙} of points w ε W. We show that for various classes of topological spaces the resulting logics are not recursively enumerable (and so not (...) recursively axiomatisable). This gives a ‘negative’ solution to a conjecture of Kremer and Mints. Second, we consider logics for dynamical systems (W, f), where W is a metric space and f and isometric function. The operators for topological interior/closure are replaced by distance operators of the form ‘everywhere/somewhere in the ball of radius a, ‘for a ε Q +. In contrast to the topological case, the resulting logic turns out to be decidable, but not in time bounded by any elementary function. (shrink)

Food refusal occurs for a variety of reasons. It may be used as a political tool, as a method of exercising control over others, at either the individual, family or societal level, or as a method of self-harm, and occasionally it indicates possible mental illness. This article examines the motivation behind hunger strikes in prisoners. It describes the psychiatrist's role in assessment and management of prisoners by referring to case examples. The paper discusses the assessment of an individual's competence to (...) commit suicide by starvation, legal restraints to intervention, practical difficulties and associated ethical dilemmas. Anecdotal evidence suggests that most prisoners who refuse food are motivated by the desire to achieve an end rather than killing themselves, and that hunger-strike secondary to mental illness is uncommon. Although rarely required, the psychiatrist may have an important contribution to make in the management of practical and ethical difficulties. (shrink)

The legalisation of physician assisted suicide in Oregon and physician assisted death in the Netherlands has revitalised the debate over whether and under what conditions individuals should be able to determine the time and manner of their deaths, and whether they should be able to enlist the help of physicians in doing so. Although the change in the law is both dramatic and recent, the basic arguments for and against have not really changed since the issue was debated by Glanville (...) Williams and Yale Kamisar nearly 50 years ago. In this paper, the author argues in favour of Kamisar’s consequentialist framework. Any change in law and social policy should not be based solely on individual cases, heart wrenching though these may be. Instead, we need to assess the need for PAS, and weigh this against the risks of mistake and abuse. (shrink)

This study examines the values of American managers over time. Responses from a nationwide sample of managers are compared and contrasted with two previous surveys (1981 and 1991) of similar sample populations. Continuing and new insights are provided into the importance of managerial values on individual and organizational actions and decisions.

I give the label “ethical pluralism” to the meta-ethical view that competing moral views are valid. I assume that validity is conferred on a moral view by its satisfying the relevant meta-ethical criteria in a maximally satisfactory way. If the relevant meta-ethical criteria are based on something roughly like the wide reflective equilibrium model, then ethical pluralism is likely to be correct. Traditional moral views do not grant exemptions from their own binding rules or principles to agents – should any (...) exist – who adhere to a competing valid moral view. Given the usual conception of accepting a moral view, an ethical pluralist cannot honestly accept a traditional moral view. Consequently, I argue, an ethical pluralist is committed to the view that all traditional moral views are invalid. Given the likelihood of ethical pluralism, this conclusion is alarming. I set forth a weak conception of accepting a moral view that is designed to allow an ethical pluralist honestly to accept a traditional moral view. In particular, my conception is designed to explain how someone can (a) be guided by the view that she accepts; (b) accept her own moral view while rationally not accepting competing views that she thinks are equally valid; and (c) not be prepared to prescribe morally to those who are following other valid views. Central to my formulation are what I call a stance of modest respectful disapproval toward other people’s wrong behavior, together with acceptance of decisive moral reasons for oneself that are generated by the valid moral view that one accepts. (shrink)