In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and (...) individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights. (shrink)

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...) which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists. (shrink)

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's (...) central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order. (shrink)

We consider${\cal S}$, the class of finite semilattices;${\cal T}$, the class of finite treeable semilattices; and${{\cal T}_m}$, the subclass of${\cal T}$which contains trees with branching bounded bym. We prove that${\cal E}{\cal S}$, the class of finite lattices with linear extensions, is a Ramsey class. We calculate Ramsey degrees for structures in${\cal S}$,${\cal T}$, and${{\cal T}_m}$. In addition to this we give a topological interpretation of our results and we apply our result to canonization of linear orderings on finite semilattices. In (...) particular, we give an example of a Fraïssé class${\cal K}$which is not a Hrushovski class, and for which the automorphism group of the Fraïssé limit of${\cal K}$is not extremely amenable but is uniquely ergodic. (shrink)

Decisions in democracy are binding not in virtue of being true or good, but on account of being an outcome of the majority voting procedure. For some, this is a proof of an intricate connection between democracy and moral relativism. The ‘militant democracy’ model, on the other hand, is premised on the idea that certain political actors and choices have to be banned for being fatally bad for democracy. This gives rise to the claim that protected democratic fundamental values of (...) freedom and equality enjoy the status of absolute moral standards. This article dismisses the intuition that justification of ‘militant democracy’ depends on unpacking the relation between democracy and meta-ethics. Instead, following Bernard Suits’ analytical exposition of the important features of games, it demonstrates, first, how democracy is like a game and, then, it argues that a plausible justification of ‘militant democracy’ stems from its game-like character. (shrink)

A propositional logic is defined which in addition to propositional language contains a list of probabilistic operators of the form P ≥s (with the intended meaning ‘‘the probability is at least s’’). The axioms and rules syntactically determine that ranges of probabilities in the corresponding models are always finite. The completeness theorem is proved. It is shown that completeness cannot be generalized to arbitrary theories.

If one were to publish a book some hundred years ago, with the central claim that there was a necessary connection between law and coercion, one would have largely pushed on an open door. And to sa...

In this paper the author discusses the conceptions of the subject and the method of the history of philosophy by Hegel, Windelband, Dilthey, Hartmann, and other philosophers of the history of philosophy. The history of philosophy as a philosophical discipline was first connected by Hegel with the very system of philosophy. His history of philosophy was the closing and integrating part of his philosophical system. The critics have accepted the view that Hegel had determined the intrinsic regularity of the historico-philosophical (...) development, but they rejected his identification of logical determinations of the idea with the sequence of appearances of philosophical systems in history. While Hegel followed the history of philosophical systems, Windelband followed the history of philosophical problems and concepts created for the solution of the same problems. Dilthey invented the “method of understanding,” which he applied to all products of cultural creativity of mankind through history. Dilthey substituted life for the Hegelian spirit. The life of the spirit expresses itself in language, religion, morality, art, philosophy and becomes evident only through history. History became by Dilthey the decisive form of the philosophical selfknowledge of man. The aim of Dilthey's spiritual-historical method was to follow the great role of cultural-historical factors in the shaping of philosophical doctrines. Contrary to Dilthey, Hartmann supports the problem-historical method. He was of the opinion that the history of philosophical problems contains the genuine historical continuity of philosophy. The philosophical problem is by nature the linking ring between history and philosophy.The conceptions of history of philosophy by all those philosophers are functionally dependent on their conceptions of philosophy.In addition to discussing the conceptions of the history of philosophy, of those four philosophers, the author also presents his own critical comments. (shrink)

This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, (...) representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity. (shrink)

Causation is at once familiar and mysterious. Neither common sense nor extensive philosophical debate has led us to anything like agreement on the correct analysis of the concept of causation, or an account of the metaphysical nature of the causal relation. Causation: A User's Guide cuts a clear path through this confusing but vital landscape. L. A. Paul and Ned Hall guide the reader through the most important philosophical treatments of causation, negotiating the terrain by taking a set of examples (...) as landmarks. They clarify the central themes of the debate about causation, and cover questions about causation involving omissions or absences, preemption and other species of redundant causation, and the possibility that causation is not transitive. Along the way, Paul and Hall examine several contemporary proposals for analyzing the nature of causation and assess their merits and overall methodological cogency.The book is designed to be of value both to trained specialists and those coming to the problem of causation for the first time. It provides the reader with a broad and sophisticated view of the metaphysics of the causal relation. (shrink)

This review article discusses the conception of collective rights necessary to ground contemporary entrenchments of minority educational rights, Indigenous rights and collective bargaining rights, as discussed in Miodrag Jovanović’s book, Collective Rights: A Legal Theory. Jovanović argues for a role for value collectivism in elucidating a rationale for the entrenchment of rights held by what he conceives of as pre-legally existing groups with interests not reducible to those of their individual members. This approach can offer an explanation for the (...) entrenchment of minority educational rights and Indigenous rights. The article extols Jovanović’s attempt to grapple with an explanation for rights not explained within standard liberal theory, even in Will Kymlicka’s attempt to justify minority rights within liberalism. The review also critiques the argument offered by Jovanović. First, the review argues that a full-fledged adoption of value collectivism is not necessary to provide a justification for irreducibly collective rights and that the unnecessary adoption of such a theoretical construct may, in practical terms, work counter to the ongoing entrenchment of the rights it seeks to justify, thus becoming what it will categorize as a ‘self-threatening theory’. Second, the review argues that Jovanović’s stark division of rights held by pre-legally existing groups and legally constituted collective entities undermines his account’s ability to explain collective bargaining rights of trade unions that are entrenched in some jurisdictions. (shrink)

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.

The understanding of decision-making systems has come together in recent years to form a unified theory of decision-making in the mammalian brain as arising from multiple, interacting systems (a planning system, a habit system, and a situation-recognition system). This unified decision-making system has multiple potential access points through which it can be driven to make maladaptive choices, particularly choices that entail seeking of certain drugs or behaviors. We identify 10 key vulnerabilities in the system: (1) moving away from homeostasis, (2) (...) changing allostatic set points, (3) euphorigenic signals, (4) overvaluation in the planning system, (5) incorrect search of situation-action-outcome relationships, (6) misclassification of situations, (7) overvaluation in the habit system, (8) a mismatch in the balance of the two decision systems, (9) over-fast discounting processes, and (10) changed learning rates. These vulnerabilities provide a taxonomy of potential problems with decision-making systems. Although each vulnerability can drive an agent to return to the addictive choice, each vulnerability also implies a characteristic symptomology. Different drugs, different behaviors, and different individuals are likely to access different vulnerabilities. This has implications for an individual's susceptibility to addiction and the transition to addiction, for the potential for relapse, and for the potential for treatment. (shrink)

Since it was first published, Quantum Field Theory in a Nutshell has quickly established itself as the most accessible and comprehensive introduction to this profound and deeply fascinating area of theoretical physics. Now in this fully revised and expanded edition, A. Zee covers the latest advances while providing a solid conceptual foundation for students to build on, making this the most up-to-date and modern textbook on quantum field theory available. -/- This expanded edition features several additional chapters, as well as (...) an entirely new section describing recent developments in quantum field theory such as gravitational waves, the helicity spinor formalism, on-shell gluon scattering, recursion relations for amplitudes with complex momenta, and the hidden connection between Yang-Mills theory and Einstein gravity. Zee also provides added exercises, explanations, and examples, as well as detailed appendices, solutions to selected exercises, and suggestions for further reading. (shrink)

Intensional logic is the technical study of such intensional phenomena in human reasoning as modality, knowledge, or flow of time. These all require a richer semantic picture than standard truth values in one static environment. Such a picture is provided by so-called possible worlds semantics, a paradigm which is surveyed in this book, both as to its external sources of motivation and as to the internal dynamics of the resulting program. In particular, Manual of Intensional Logic presents the major classical (...) topics, including modal logic, tense logic, and conditional logic, all of which illustrate motivations coming from philosophy and linguistics. The Book also discusses recent computational applications in computer science and AI. Finally, Manual of Intensional Logic takes up recent developments in the study of language and information making themselves felt in the area. The Book examines the role of partial information--with illustrations drawn from different branches of Intensional Logic--and various influences stemming from current theories of the semantics of natural language, involving generalized quantifiers and theories of types. (shrink)

“Pick a card, any card. This has to be a completely free choice.” the magician tells you. But is it really? Although we like to think that we are using our free will to make our decisions, research in psychology has shown that many of our behaviours are automatic and unconsciously influenced by external stimuli (Ariely, 2008; Bargh & Chartrand, 1999; Newell & Shanks, 2014; Nisbett & Wilson, 1977), and that we are often oblivious to the cognitive mechanisms that underpin (...) our decision (Wegner, 2002, 2003). Magicians have exploited this illusory sense of agency for a long time, and have developed a wide range of techniques to influence and control spectators’ choices of such things as card, word, or number (Annemann, 1933; Banachek, 2002a; Jones, 1994; Turner, 2015). These techniques are instances of what is called forcing. -/- Many forces are extremely effective, illustrating various weaknesses in our sense of control over decisions and their outcomes. Researchers have started to investigate them in various ways (Kuhn, Pailh s, & Lan, 2020; Olson, Amlani, Raz, & Rensink, 2015; Pailhes & Kuhn, 2020b, 2020c; Shalom et al., 2013) and are beginning to obtain valuable insights into decision-making processes as well as a better understanding of the cognitive mechanisms that lead people to experience an illusory sense of free will and of agency. -/- Although magicians have acquired large amounts of knowledge in covertly controlling people’s choices, much of this knowledge is only discussed in the context of individual magic tricks, or in books that are not readily accessible to non-magicans. As we and others have argued elsewhere (Ekroll, Sayim, & Wagemans, 2017; Kuhn, 2019; Kuhn, Amlani, & Rensink, 2008; Kuhn, Caffaratti, Teszka, & Rensink, 2014; Macknik et al., 2008; Olson et al., 2015; Olson, Landry, Appourchaux, & Raz, 2016; Shalom et al., 2013; Thomas, Didierjean, Maquestiaux, & Gygax, 2015), a particularly effective way of making this knowledge more available is via the creation of taxonomies centered around psychological mechanisms (Rensink & Kuhn, 2015). For example, the psychologically based taxonomy of misdirection (Kuhn et al., 2014) helps draw links between misdirection and formal theories of perception and cognition. -/- Our aim here is to apply a similar process to the knowledge magicians have about forcing. The present paper develops a psychologically based taxonomy of forcing techniques with two goals in mind. Firstly, it should help uncover the various psychological mechanisms that underlie forcing techniques. Secondly, it should facilitate knowledge transfer between magicians and psychologists. Among other things, this knowledge will allow researchers to gain new insights into the mechanisms underlying decision-making, and the feeling of free will and of agency over choice. We start by defining the magician’s force and then look at some of the past classifications of forcing. (shrink)

There is long-standing disagreement among systematists about how to divide biodiversity into species. Over twenty different species concepts are used to group organisms, according to criteria as diverse as morphological or molecular similarity, interbreeding and genealogical relationships. This, combined with the implications of evolutionary biology, raises the worry that either there is no single kind of species, or that species are not real. This book surveys the history of thinking about species from Aristotle to modern systematics in order to understand (...) the origin of the problem, and advocates a solution based on the idea of the division of conceptual labor, whereby species concepts function in different ways - theoretically and operationally. It also considers related topics such as individuality and the metaphysics of evolution, and how scientific terms get their meaning. This important addition to the current debate will be essential for philosophers and historians of science, and for biologists. (shrink)

In The Law of Peoples, John Rawls does not discuss justice and the global economy at great length or in great detail. What he does say has not been well-received. The prevailing view seems to be that what Rawls says in The Law of Peoples regarding global economic justice is both inconsistent with and a betrayal of his own liberal egalitarian commitments, an unexpected and unacceptable defense of the status quo. This view is, I think, mistaken. Rawls’s position on global (...) or international economic justice is richer, more nuanced, and generally more compelling than his critics have been willing to acknowledge. My aim in this essay is to sympathetically set out, and then defend against two common families of objection to, Rawls’s position on global or international economic justice. Objections of the first sort reject Rawls’s position as inadequately attentive to the material and economic interests of individual persons worldwide. Objections of the second sort reject it as inadequately attentive to the material and economic interests of well-ordered peoples. Throughout the paper I develop several arguments implicit in The Law of Peoples but not well-developed there as well as offer some additional arguments of my own consistent with the spirit of The Law of Peoples and Rawls’s work more generally. I conclude with some brief remarks expressing two worries I have about Rawls’s position – one concerning global public goods, the other concerning the formation of a morally adequate and effective political will within the international context under contemporary conditions. (shrink)

This paper deals with the study of the nature of mind, its processes and its relations with the other filed known as logic, especially the contribution of most notable contemporary analytical philosophy Ludwig Wittgenstein. Wittgenstein showed a critical relation between the mind and logic. He assumed that every mental process is logical. Mental field is field of space and time and logical field is a field of reasoning (inductive and deductive). It is only with the advancement in logic, we are (...) today in the era of scientific progress and technology. Logic played an important role in the cognitive part or we can say in the ‗philosophy of mind‘ that this branch is developed only because of three crucial theories i.e. rationalism, empiricism, and criticism. In this paper, it is argued that innate ideas or truth are equated with deduction and acquired truths are related with induction. This article also enhance the role of language in the makeup of the world of mind, although mind and the thought are the terms that are used by the philosophers synonymously but in this paper they are taken and interpreted differently. It shows the development in the analytical tradition subjected to the areas of mind and logic and their critical relation. (shrink)

The chapter introduces and characterizes the notion of fittingness. It charts the history of the relation and its relevance to contemporary debates in normative and metanormative philosophy and proceeds to survey issues to do with fittingness covered in the volume’s chapters, including the nature and epistemology of fittingness, the relations between fittingness and reasons, the normativity of fittingness, fittingness and value theory, and the role of fittingness in theorizing about responsibility. The chapter concludes with a brief discussion of issues to (...) do with fittingness that aren’t covered extensively by the volume’s chapters in order to indicate avenues for further research. (shrink)

Michael Peters, Sonja Arndt & Marek TesarThis is a collective writing experiment of PESA members, including its Executive Committee, asking questions of the Philosophy of Education in a New Key. Co...

Proposition and sentence are two separate entities indicating their specific purposes, definitions and problems. A proposition is a logical entity. A proposition asserts that something is or not the case, any proposition may be affirmed or denied, all proportions are either true (1’s) or false (0’s). All proportions are sentences but all sentences are not propositions. Propositions are factual contains three terms: subject, predicate and copula and are always in indicative or declarative mood. While sentence is a grammatical entity, a (...) unit of language that expresses a complete thought; a sentence may express a proposition, but is distinct from the proposition it may be used to express: categories, declarative sentences, exclamatory, imperative and interrogative sentences. Not all sentences are propositions, propositions express sentence. Sentence is a proposition only in condition when it bears truth values i.e. true or false. We use English sentences governed by imprecise rule to state the precise rules of proposition. In logic we use sentence as logical entity having propositional function but grammatical sentences are different from logical sentences while the former are having only two divisions namely subject and predicate and may express wishes, orders, surprise or facts and also have multiple subjects and predicates and the latter must be in a propositional form which states quantity of the subject and the quality of the proposition and multiple subjects and multiple predicate make the proposition multiple. (shrink)

Examines how liberal society enables racism and other forms of discrimination.

This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human rights advocacy is (...) not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care. (shrink)

This article provides current Schwartz Values Survey (SVS) data from samples of business managers and professionals across 50 societies that are culturally and socioeconomically diverse. We report the society scores for SVS values dimensions for both individual- and societal-level analyses. At the individual-level, we report on the ten circumplex values sub-dimensions and two sets of values dimensions (collectivism and individualism; openness to change, conservation, self-enhancement, and self-transcendence). At the societal-level, we report on the values dimensions of embeddedness, hierarchy, mastery, affective (...) autonomy, intellectual autonomy, egalitarianism, and harmony. For each society, we report the Cronbach’s α statistics for each values dimension scale to assess their internal consistency (reliability) as well as report interrater agreement (IRA) analyses to assess the acceptability of using aggregated individual level values scores to represent country values. We also examined whether societal development level is related to systematic variation in the measurement and importance of values. Thus, the contributions of our evaluation of the SVS values dimensions are two-fold. First, we identify the SVS dimensions that have cross-culturally internally reliable structures and within-society agreement for business professionals. Second, we report the society cultural values scores developed from the twenty-first century data that can be used as macro-level predictors in multilevel and single-level international business research. (shrink)

В книге на материале психолингвистических экспериментов рассматриваются этические взгляды современных русских и японцев, причем этика русских прослеживается в динамике: на рубежах начала 1990-х гг. и начала XXI века.

Responsible Research and Innovation provides a framework for judging the ethical qualities of innovation processes, however guidance for researchers on how to implement such practices is limited. Exploring RRI in the context of nanotechnology, this paper examines how the dispersed and interdisciplinary nature of the nanotechnology field somewhat hampers the abilities of individual researchers to control the innovation process. The ad-hoc nature of the field of nanotechnology, with its fluid boundaries and elusive membership, has thus far failed to establish a (...) strong collective agent, such as a professional organization, through which researchers could collectively steer technological development in light of social and environmental needs. In this case, individual researchers cannot innovate responsibly purely by themselves, but there is also no structural framework to ensure that responsible development of nanotechnologies takes place. We argue that, in such a case, individual researchers have a duty to collectivize. In short, researchers in situations where it is challenging for individual agents to achieve the goals of RRI are compelled to develop organizations to facilitate RRI. In this paper we establish and discuss the criteria under which individual researchers have this duty to collectivize. (shrink)

В книге дается анализ основных характерных признаков русской философии, позволяющие выделить ее как нечто особенное из общего контекста философских культур.

Marianna Papastephanou University of Cyprus Since Plato’s allegory of the cave two educational-philosophical critical modes have stood out: the descriptive and the normative (rea...

Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano, or individual, level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro-orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact of social contracting on day-to-day human interaction. We then (...) articulate several potentially testable propositions that emerge from this nano-level perspective. (shrink)

Niche construction refers to the activities of organisms that bring about changes in their environments, many of which are evolutionarily and ecologically consequential. Advocates of niche construction theory (NCT) believe that standard evolutionary theory fails to recognize the full importance of niche construction, and consequently propose a novel view of evolution, in which niche construction and its legacy over time (ecological inheritance) are described as evolutionary processes, equivalent in importance to natural selection. Here, we subject NCT to critical evaluation, in (...) the form of a collaboration between one prominent advocate of NCT, and a team of skeptics. We discuss whether niche construction is an evolutionary process, whether NCT obscures or clarifies how natural selection leads to organismal adaptation, and whether niche construction and natural selection are of equivalent explanatory importance. We also consider whether the literature that promotes NCT overstates the significance of niche construction, whether it is internally coherent, and whether it accurately portrays standard evolutionary theory. Our disagreements reflect a wider dispute within evolutionary theory over whether the neo-Darwinian synthesis is in need of reformulation, as well as different usages of some key terms (e.g., evolutionary process). (shrink)