Perhaps the most fundamental principle of legal interpretation is the presumption that terms should be given their “ordinary” (i.e., general, non-technical) meanings. This principle is a central tenet of modern textualism. Textualists believe a universal presumption of ordinary meaning follows from their theory’s core commitment: A law should be interpreted consistently with what its text communicates to the ordinary public. This Article begins from this textualist premise, empirically examining what legal texts communicate to the public. Five original empirical studies (N (...) = 4,365) reveal a surprising finding: Ordinary people consider genre carefully and regularly take terms in law to communicate technical legal meanings, not ordinary ones. -/- This discovery carries implications for legal interpretation’s theory and practice. Modern textualists—especially at the Supreme Court—justify their theory through “democratic,” fair notice, and rule-of-law appeals to ordinary people. But the empirical studies reveal that fidelity to ordinary people does not imply an unwavering commitment to ordinary meaning. Instead, it requires interpreters to also look to technical meanings. On a practical level, the results support a new presumption of legal meaning and ground a new challenge to textualism’s claim to promote fair notice. As a case study, we consider Bostock v. Clayton County, Georgia, which held that both sexual orientation and gender identity discrimination are prohibited forms of sex discrimination. The Article’s empirics and theory offer a new justification of the Court’s landmark decision. (shrink)

This paper examines the role that population vulnerabilities play in insurance coverage for a representative sample of Latinos and Asians in the United States. Using data from the National Latino and Asian American Study (NLAAS), these analyses compare coverage differences among and within ethnic subgroups, across states and regions, among types of occupations, and among those with or without English language proficiency. Extensive differences exist in coverage between Latinos and Asians, with Latinos more likely to be uninsured. Potential explanations include (...) the type of occupations available to Latinos and Asians, reforms in immigration laws, length of time in the United States, and regional differences in safety-net coverage. Policy implications are discussed. (shrink)

[Holbrook's] is one of the keenest and deepest critical minds in the field of Islamic literature. She provides for the reader (scholar and lay persona alike) fascinating insights into the genre, poetic functions, mystical allegory, narrative technique, audience response, etc. Many of her analyses are scintillating.... The Holbrook volume is a landmark in Ottoman literary scholarship. --MESA Bulletin... a major contribution to Ottoman and Turkish literary study--I frankly am at a loss to describe how major.... Dr. Holbrook's book will make (...) its own category and subsequent publication in the field will be judged in relation to it. --Walter G. Andrews, professor of Near Eastern Languages and Civilization, University of Washington When the Ottoman Turkish Empire was divided into modern states after World War I, in Turkey a change of alphabet and radical linguistic reform aimed to free modern Turkish literature from intellectual ties to the East. Holbrook recuperates Ottoman debates on the existential status of language and social value of art with a poetics of Beauty and Love, the philosophical fairy tale in verse by Seyh Galib. Where does language come from? How does a poet conceive imagery? What rights to interpretive authority does Muslim law accord the individual when God's word is law? Holbrook's lively analysis ranges an intertext of genres in Arabic and Persian as well as Turkish. The romance of separated lovers is a paradigm of journeys that lead beyond discourse. A poet's quest for originality reveals an archaeology of modernism. Holbrook traces the revolutionary polemic and Orientalist philology that de-aestheticized Ottoman poetry, bringing the critique of Orientalismto bear upon the Ottoman center Orientalism suppressed. (shrink)

The introduction to the topic of this issue is an overview of the research articles authored by Russian, Lithuanian, and Indian scholars on various problems of Mahayana Buddhist philosophy. While explaining the status of the terms “Mahāyāna” and “Hīnayāna,” the author emphasizes that since they are represent the apologetic conceptualizations of Mahayanists, the appellation “Hīnayāna” (“Lesser Vehicle”, etc.) is not recognized either by those Buddhists who are supposed to be characterized by it, or by scholars striving for a neutral appellation. (...) This creates difficulties, including the need for a generally accepted designation for this Buddhist tradition. However, despite the apologetic nature of the Mahāyāna - Hīnayāna opposition, the difference between the two is captured very plausibly. The first one teaches about the individual way of achieving liberation from the cycle of endless rebirths (saṃsāra) through a personal, individual self-perfection (the path of the arhat) leading to enlightenment (bodhi) and nirvāṇa (extinction of passions). The second one develops a full-fledged religion with its own pantheon and rituals, in which nirvāṇa and individual liberation, while remaining, more or less theoretically, the ultimate goal, are pushed to a distant plane. At the same time, the idea of compassion and the ideal of bodhisattva who, having taken a vow to help all living beings to get rid of sufferings, continues to remain in saṃsāra, is put forward in the center. However, despite this major difference a Buddhist discipline known as Abhidharma which consists in analysis and classification of discrete states of consciousness (dharmas), identified in meditation, remains a reference point in both traditions. Three authors touch upon it (Helen Ostrovskaya, Pradeep Gokhale, and Vladimir Korobov). Two of them (Ostrovskaya and Gokhale) focus on the problems of murder and death, and the third one (Korobov) dwells on the methodology of Abhidharma. Vladimir Ivanov offers a new interpretation of the structure of Śāntarakṣita’s treatise “Tattva-saṃgraha” with Kamalaśīla’s “Pañjikā” commentary. Yangutov and Lepekhov explore the specificity of Buddhism reception in China, Tibet, Mongolia, and Russia. Nesterkin publishes for the first time B. Baradiin’s theses for Agvan Dordjiev’s lecture, which exemplifies the Buryat Buddhist Renovationists’ interpretation of Buddhism. Burmistrov analyzes the views of Indian historians of philosophy on the history of Buddhism, Volkova - the concepts of Buddhist ethics in contemporary analytical philosophy. (shrink)

Social and cultural contexts influence power dynamics and shape gender perceptions, roles, and decisions regarding the management of agrobiodiversity for dealing with and adapting to climate change. Based on a feminist political ecology framework and a mixed method approach, this research performs an empirical analysis of two case studies in the northern of India, one in the Himalayan Mountains and another in the Indian-Gangetic plains. It explores context-specific influence of gender roles and responsibilities on on-farm agrobiodiversity management gendered expertise and (...) knowledge related to agrobiodiversity and gendered preferences for practices and institutional arrangements for agrobiodiversity conservation linked to adaptation to climate change. In the Himalayan mountains women actively participate in crop and seed management decisions and tasks, and maintain informal institutions for seed and services exchanges in the case of crisis, which simultaneously favours high levels of agrobiodiversity and enhances women’s social status. By contrast, in the Indio-Gangetic plains, where women from better-off households are socially secluded and women from poorer households work mainly as labourer to respond to high out-migration of men, they exercise less public control over agrobiodiversity, with their role being mainly invisible at the homestead and related to post-production tasks. We finally discuss as improved understanding of the links between gendered spaces, crops, tasks, social status, and agrobiodiversity management can facilitate the design of gender-sensitive policy interventions for conservation and adaptation to climate change. (shrink)

High-level improvising musicians master idiosyncratic gesture vocabularies that allow them to express themselves in unique ways. The full use of such vocabularies is nevertheless challenged when improvisers incorporate electronics in their performances. To control electronic sounds and effects, they typically use commercial interfaces whose physicality is likely to limit their freedom of movement. Based on Jim Black's descriptions of his ideal digital musical instrument, embodied improvisation gestures, and stage performance constraints, we develop the concept of a modular wearable MIDI interface (...) to closely meet the needs of professional improvisers, rather than proposing a new generic instrument that would require substantial practice to adapt improvisational techniques already acquired. Our research draws upon different bodies of knowledge, from theoretical principles on collaboration and embodiment to wearable interface design, in order to create a digital vest called Track It, Zip It that features two innovative on-body sensors. Allowing for sound control, these sensors are seamlessly integrated with Black's improvisational gesture vocabulary. We then detail the design process of three TIZI prototypes structured by the outcomes of a performance test with Black, a public performance by a novice improviser during the 2017 International Guthman Musical Instrument Competition, and measurements of sensor responses. After commenting on the strengths and weaknesses of the final TIZI prototype, we discuss how our interdisciplinary and collective process involving a world-class improviser at the very center of the design process can provide recommendations to designers who wish to create interfaces better adapted to high-level performers. Finally, we present our goals for the future creation of a wireless version of the vest for a female body based on Diana Policarpo's artistic vision. (shrink)

Organic crosstalk or intercommunication among different organs is an interesting medical concept based on the biosemiotic perspective which considers the organism as a process maintained by the vital information flow between structural plane and biosemiotic plane, both with their different layers of biological complexity. From this point of view the organ is not merely the structure which produces crosstalk but just as much its product. The crosstalk perspective seeks two main goals: to investigate the characteristic serum biosemiotic patterns of pathogenic (...) organic crosstalk in order to achieve early diseases diagnosis, and to learn how to correct it. These achievements could allow physicians to evolve from a medical practice that focuses on misbiosemiotic effects, diagnosing and treating damaged organs, to a medical practice that focuses on misbiosemiotic processes, in this way diagnosing and treating pathogenic organ crosstalk before it culminates in organ damage. (shrink)

How the romantic displaced the rational in French thought.

Physical activity and sedentary behaviour have been linked to the mental health of children and adolescents, yet the timing of behaviours may play a role in this relationship and clarifying this could inform interventions. We explored cross-sectional associations of PA and SED in varying time segments throughout the school day with the mental health of school-aged children and adolescents from rural Northeastern Ontario, Canada. A total of 161 students wore accelerometers for 8 days and completed a self-report survey. Mental health (...) was measured using the Strengths and Difficulties Questionnaire. Accelerometer-measured SED, light PA, and moderate and vigorous PA were estimated in the time-segments before school, school time, after school, and evenings. Associations were tested with multilevel linear regressions while adjusting for confounding factors. Students spent 72.6 min in MVPA, 209.0 min in LPA, and 621.0 min in SED per day. Daily SED was associated with less conduct problems. Evening LPA was inversely associated with hyperactivity, while SED was associated with hyperactivity and with peer problems before school, and during school. No associations were observed for MVPA, emotional symptoms, or prosocial behaviour. In conclusion, displacing SED with LPA in some specific periods of the day may benefit the mental health of students; taking this into account could strengthen interventions. (shrink)

Hackles have been raised in biosemiotic circles by T. L. Short’s assertion that semiosis, as defined by Peirce, entails “acting for purposes” and therefore is not found below the level of the organism (2007a:174–177). This paper examines Short’s teleology and theory of purposeful behavior and offers a remedy to the disagreement. Remediation becomes possible when the issue is reframed in the terms of the complexity sciences, which allows intentionality to be understood as the interplay between local and global aspects of (...) a system within a system. What is called “acting for purposes” is not itself a type of behavior so much as a relationship between a dynamic system that “exists for a purpose” and its microprocesses that “serve purposes.” The “intentional object” of philosophy is recast here as the holistic self-organized dynamics of a system, which exists for the purpose of self-maintenance, and that constrains the parts’ behaviors, which serve the purpose of forming the system. (A “system” can be any emergent, e.g. an abiotic form, an adapted species, a self, a conditioned response, thought, or a set of ideas.) The self-organized whole, which is represented to the parts in their own constrained behaviors, assumes the guiding function so long attributed to the mysterious “intentional object.” If emergent self-causation is not disallowed, creative originality, as well as directionality, becomes part of the definition of purposeful behavior. Thus, key tools used here, required for understanding emergence, come from poetics rather than semoitics. In the microprocesses of self-organization, I find what I call “accidental” indices and icons — which are poetic in the sense that they involve mere metonymic contiguity and metaphoric similarity — and which are preferentially selected under constrained conditions allowing radically new connections to habituate into an “intentional” self-organized system that, not coincidentally, has some of the emergent characteristics of a conventional symbolic system. (shrink)

One of the most urgent debates of our time is about the exact role that new technologies can and should play in our societies and particularly in our public decision-making processes. This paper is a first attempt to introduce the idea of CrowdLaw, defined as online public participation leveraging new technologies to tap into diverse sources of information, judgments and expertise at each stage of the law and policymaking cycle to improve the quality as well as the legitimacy of the (...) resulting laws and policies. First, we explain why CrowdLaw differs from many previous forms of political participation. Second,we reproduce and explain the CrowdLaw Manifesto that the rising CrowdLaw community has elaborated to foster such approaches around the world. Lastly, we introduce some preliminary considerations on the notions of justice, legitimacy and quality of lawmaking and public decision-making, which are central to the idea of CrowdLaw. (shrink)

Humanist sociologists are activists rooted in the reality of history and change and guided by a concern for the 'real life' problems of equality, peace, and social justice. They view people as active shapers of social life, capable of creating societies in which everyone's potential can unfold. Alfred McClung Lee introduces this volume with 'Sociology: Humanist and Scientific' and develops the theme that a sociology that is humanist is also scientific. The other nine selections are grouped into four parts: 'The (...) Individual and Social Life;' 'Social Institutions: Technology, Science, and Formal Organization;' 'Political Structures: Issues of Justice and Equality;' and 'Methodological Critiques and Counterproposals.'. (shrink)

Although there is consensus on the fact that ionizing radiation used in radiological examinations can affect health, the stochastic nature of risk makes it difficult to anticipate and assess specific health implications for patients. The issue of radiation protection is peculiar as any dosage received in life is cumulative, the sensitivity to radiation is highly variable from one person to another, and between 20 % and 50 % of radiological examinations appear not to be necessary. In this context, one might (...) reasonably assume that information and patient consent would play an important role in regulating radiological practice. However, there is to date no clear consensus regarding the nature and content of—or even need for—consent by patients exposed to ionizing radiation. While law and ethics support the same principles for respecting the dignity of the person, in the context of radiology practice, they do not provide a consistent message to guide clinical decision-making. This article analyzes the issue of healthcare professionals’ duty to inform and obtain patient consent for radiological examinations. Considering that both law and ethics have as one of their aims to protect vulnerable populations, it is important that they begin to give greater attention to issues raised by the use of ionizing radiation in medicine. While the situation in Canada serves as a backdrop for a reflective analysis of the problem, the conclusions are pertinent for professional practice in other jurisdictions because the principles underlying health law and jurisprudence are fairly general. (shrink)

An urgent call for everyone to find inventive ways to question the ethics of sexuality.

In this article, I defend the view that conscience exemption clauses for medical practitioners (doctors, nurses, technicians, pharmacists) should be limited by patient protection clauses. This view was also defended by Mark Wicclair, in his book on conscience exemptions in medicine (Cambridge UP, 2011). In this article, I defend Wicclair’s view by supplementing it with Hegelian ethical theory and feminist critical theory. Conscience exemptions are important to support as a matter of human rights. They support an individual’s right to protect (...) their deepest value-commitments. A true understanding of conscience is dialectical, however, and it requires patient protection clauses because they, too, protect individuals in their deepest value-commitments. In this article, I show that the defense of patient protection clauses is historically supported by the theory of “conscience [Gewissen]” developed by G.W.F. Hegel in the nineteenth century (mostly in the Phenomenology of Spirit (1807)). (shrink)

Is privacy the key ethical issue of the internet age? This coauthored essay argues that even if all of a user’s privacy concerns were met through secure communication and computation, there are still ethical problems with personalized information systems. Our objective is to show how computer-mediated life generates what Ernesto Laclou and Chantal Mouffe call an “atypical form of social struggle”. Laclau and Mouffe develop a politics of contingent identity and transient articulation (or social integration) by means of the notions (...) of absent, symbolic, hegemonic power and antagonistic transitions or relations. In this essay, we introduce a critical approach to one twenty-first-century atypical social struggle that, we claim, has a disproportionate effect on those who experience themselves as powerless. Our aim is to render explicit the forms of social mediation and distortion that result from large-scale machine learning as applied to personal preference information. We thus bracket privacy in order to defend some aspects of the EU GDPR that will give individuals more control over their experience of the internet if they want to use it and, thereby, decrease the unwanted epistemic effects of the internet. Our study is thus a micropolitics in in the Deleuzian micropolitical sense and a preliminary analysis of an atypical social struggle. [Added note: the contract law specialist cited twice in this article (Jonathan R. Bruno) is a graduate of Harvard Law and is presently located at University of Michigan Law School (Ann Arbor) (not identical to the 'data scientist' of the same name that populates the first page of links brought up by a Google-search on this proper name.]. (shrink)

In this article, I will chart the development of G.W.F. Hegel’s ‘concept [Begriff]’ in the Science of Logic. I show that Hegel could not arrive at the concept until the end of Book II, after his treatment of the categories of modality, especially contingency.

This article points to the highly centralized nature of the British tax system. A first section shows how all tax law derives from Parliament, the “onlie begetter” of legally enforceable instruments. It is suggested that this system is not democratically accountable at sub-national levels of government. Reforms of the Thatcher era have resulted in the privatization of many public services, leading to the stabilization of State expenditure as a proportion of GDP. However, at the same time, both tax revenue and (...) expenditure have become increasingly centralized. Public service tasks are determined and financed by central government, and local government is for the most part merely the agent through which government policy is realized. The creation of the Scottish and Welsh Assemblies does not alter this overall assessment. Given the high level of centralization, taxes are uniform throughout the country and there is no scope for meaningful regional fiscal competition. Since regional economic development in Britain is notoriously uneven, the author notes that fiscal uniformity does not lead to economic convergence. A final section is devoted to showing why this is not surprising and why fiscal harmonisation at a European level would be a source of growing, not reduced, disparities.Cet article met l’accent sur la nature hautement centralisée du système fiscal britannique. Une première section montre comment toutes les lois fiscales proviennent du Parlement, la “source unique” des instruments légaux exécutoires. Nous considérons que ce système n’est pas démocrat- iquement defendable aux niveaux subnationaux de gouvernement. Les réformes de l’ère Thatcher ont conduit à une privatisation de beaucoup de services publics, entrainant une stabilisation des dépenses de l’Etat en pourcentage du PIB. Cependant, dans le meme temps, à la fois les recettes fiscales et les dépenses sont devenues de plus en plus centralisées. Les taches du service public sont définies et financées par le gouvernement central et le gouvernement local est dans la majeure partie des cas l’agent à travers lequel la politique du gouvernement s’exerce. La creation des Assemblées Ecossaises et galloises ne modifie pas cette evaluation d’ensemble. Etant donné le niveau élevé de centralisation, les impôts sont uniformes à travers le pays et il n’y a pas de possibilité pour une concurrence fiscale régionale significative. Alors que le développement économique regional en Grande Bretagne est notoirement inégal, l’auteur remarque que l’uniformité fiscale ne conduit pas à uneconvergence économique. Une section finale est consacrée à montrer pourquoi cela n’est en rien surprenant et pourquoi l’harmonisation fiscale à un niveau européen serait une source de disparités croissantes, et non décroissantes. (shrink)

The aim of this paper is to ofter a general view of the development of the issue about judicial reasoning and argumentation in Europe. I start with a mention to the methodological problem in law, and after that I expose the main models about the so called “legal argumentation theories”. Thirdly, I bring out some general thesis about judicial reasoning, and finally I propose some critical reflections about those theories.

In this article, I lend support to Miranda Fricker's work in social epistemology from a post-Kantian point of view. In Epistemic Injustice: Power and The Ethics of Knowing, Fricker writes that, at times, social power, rather than the actual possession of knowledge, determines whether a speaker is believed (Fricker, 2007, 1-2). I will develop Miranda Fricker's project in feminist epistemology by examining the post-Kantian linguistic sign with a view to showing how G.W.F. Hegel and Jacques Derrida transform the Kantian analytic/synthetic (...) contrast in their semiologies. Epistemic injustice arises not only from cultural stereotypes and impoverished categories of identity but, also, from the dynamic way that language generates meaning. (shrink)

G.W.F. Hegel focuses his treatment of Sophocles' drama, Antigone , in the Phenomenology of Spirit, on the ideal of mutual recognition. Antigone was punished with death for performing the burial ritual honoring her brother, Polyneices, to whose irreplaceability she attests in her well-known speech of defiance. Hegel argues that Antigone's loss of Polyneices was the irreparable loss of reciprocal recognition. Only in the brother sister relation, Hegel thought, could there be equality in mutual recognition. I argue that this equality cannot (...) be found in a marriage union with a husband or in the public sphere of civil society. Situating Hegel's account of marriage in the Philosophy of Right within the history of marriage and historical literature on the emerging market economy of Hegel's time, I demonstrate that Hegel's perception of equality in the reciprocal recognition of the brother sister relation was a function of both economic realities and his relationship with his sister, Christiane. I show desire in the Phenomenology to be the desire for dominance, and I show the brother sister relation to be free of desire. (shrink)

In the United States a rapidly increasing regulatory burden for life scientists has led to questions of whether the increased burden resulting from the Select Agent Program has had adverse effects on scientific advances. Attention has focussed on the regulatory “fit” of the Program and ways in which its design could be improved. An international framework convention to address common concerns about biosecurity and biosafety is a logical next step.

This volume of essays is both a useful introduction to the work Maurice Blanchot and an advanced and interesting study of this work. Well-known themes of Blanchot's thought are addressed: 'death as non-dialectical other', 'conversation as a (non) meeting place', 'the absence of any present', 'the worklessness of the work' (which rewrites G.W.F. Hegel's 'work as sublation of contradiction', and 'the impossibility of any origin'. The book divides Blanchot's oeuvre into three periods: criticism, fiction, and a more recent period of (...) hard-to-classify works. (shrink)

Martha Nussbaum and Seyla Benhabib have raised the question of how the Western subject might engage with the non-Western other in a non-imperialistic fashion. However, both of these feminist thinkers propose a universalist framework, consistent with Donald Davidson’s conclusions regarding the translatability of ”conceptual schemes”. Drawing upon the thought of G.W.F. Hegel and Walter Benjamin, I argue that the historically constituted subject that emerges in the wake of the Enlightenment affords an account of subjectivity that recasts the meaning of rationality (...) and thus the way in which translation should be understood. I shall argue, with Benjamin, that a linguistic conceptual scheme--in short, a world—needs translation in order to remain vital, and that genuine translation not only translates the other but transforms the self who seeks to translate. (shrink)

Hegel’s treatment of Sophocles’s Antigone exposes a tension in our own landscape between religious and civil autonomy. This tension reflects a deeper tension between unreflective, implicit norms and reflective, explicit norms that can be autonomously endorsed. The tension is, as Hegel recognizes, of particular importance to women. Hegel’s characterization of this tension in light of Antigone is, as H.S. Harris argues, both a more developed and a more fundamental moment in the Phenomenology of Spirit than the moment of Enlightenment autonomy (...) (with its powers of reflective self-critique). Indeed, George Steiner has remarked that, for the German idealists, Antigone exemplifies the very “pivot of consciousness,” so fundamental is the tension that it expresses. I argue that, while Hegel demonstrates the necessity of the modern transition to explicit norms that can be autonomously endorsed, explicit norms nevertheless depend on a background of unreflective norms for their force. Moreover, Hegel uses the conflict between Antigone and Creon to illustrate the tension and mutual dependence between these two types of norms. (shrink)

‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...) we cannot expect people to support such optimistic theories democratically, calling their feasibility into question. Taking the civic republican theory as an exemplar of optimistic theories, we argue that it does not fail this feasibility test. We review recent empirical research, including studies of our own, to support the claim that, far from being brute retributivists, human beings are generally satisfied only with punishment that delivers something other than mere retribution. And we show that this coheres very closely with the goals and policies that civic republicanism would support, as it may be expected to cohere also with other optimistic proposals. (shrink)

This narrative review summarizes the empirical literature on children's competence for consent and assent in research and treatment settings. Studies varied widely regarding methodology, particularly in the areas of participant sampling, situational context studied (e.g., psychological versus medical settings), procedures used (e.g., lab-based vs. real-world approaches), and measurement of competence. This review also identified several fundamental dilemmas underlying approaches to children's informed consent. These dilemmas, including autonomy versus best interests approaches, legal versus psychological or ethical approaches, child- versus family-based approaches, (...) and approaches that emphasize consent versus those that emphasize assent, have implications for the measurement of children's competence and interpretation of findings. Recommendations for future research in the area of children's informed consent include the use of diverse samples and control groups, development of multidimensional and standardized measures of competence, utilization of observational methods and longitudinal designs, examination of noncognitive aspects of children's competence, and comparison of children's competence for treatment and research decisions. (shrink)

In the United States a rapidly increasing regulatory burden for life scientists has led to questions of whether the increased burden resulting from the Select Agent Program has had adverse effects on scientific advances. Attention has focussed on the regulatory “fit” of the Program and ways in which its design could be improved. An international framework convention to address common concerns about biosecurity and biosafety is a logical next step. Keywords Biosafety - Biosecurity law - Biosecurity regulations - Scientist - (...) Laboratories - Research - Bioterrorism - Terrorism. (shrink)

In C. S. Peirce, as well as in the work of many biosemioticians, the semiotic object is sometimes described as a physical “object” with material properties and sometimes described as an “ideal object” or mental representation. I argue that to the extent that we can avoid these types of characterizations we will have a more scientific definition of sign use and will be able to better integrate the various fields that interact with biosemiotics. In an effort to end Cartesian dualism (...) in semiotics, which has been the main obstacle to a scientific biosemiotics, I present an argument that the “semiotic object” is always ultimately the objective of self-affirmation (of habits, physical or mental) and/or self-preservation. Therefore, I propose a new model for the sign triad: response-sign-objective. With this new model it is clear, as I will show, that self-mistaking (not self-negation as others have proposed) makes learning, creativity and purposeful action possible via signs. I define an “interpretation” as a response to something as if it were a sign, but whose semiotic objective does not, in fact, exist. If the response-as-interpretation turns out to be beneficial for the system after all, there is biopoiesis. When the response is not “interpretive,” but self-confirming in the usual way, there is biosemiosis. While the conditions conducive to fruitful misinterpretation (e.g., accidental similarity of non-signs to signs and/or contiguity of non-signs to self-sustaining processes) might be artificially enhanced, according to this theory, the outcomes would be, by nature, more or less uncontrollable and unpredictable. Nevertheless, biosemiotics could be instrumental in the manipulation and/or artificial creation of purposeful systems insofar as it can describe a formula for the conditions under which new objectives and novel purposeful behavior may emerge, however unpredictably. (shrink)

The normative approach to defining an ethic of a field, which focuses on one disciplinary field, requires modification in the consideration of a biodefense ethic to include not one discipline, but many. The consideration of an ethic in biodefense must capture issues in a multidisciplinary scope, including the ethical studies in the disciplines of medicine, sciences, technology, law, international relations, public health, environment, and war, each having their unique framework of ethical constructs.An ethic of bioterrorism and biodefense raises issues which (...) can be examined utilizing multidisciplinary ethical considerations. The disciplines of medicine, sciences, technology, law, international relations, public health, environment, and war each have a framework of ethical principles which are essential in the scope of ethics which are incident to bioterrorism and biodefense; the absence of any one of which would create a void in our understanding of the complexity of this subject. (shrink)

Neo-republicanism seems well suited to provide insight into current policies for the control and restriction of immigration. In this paper, I discuss three different accounts of domination to assess whether they can provide intuitively acceptable responses to the types of domination experienced by different groups of immigrants. First, I present and criticize an argument offered by Philip Pettit in support of the view that immigration restrictions could in principle avoid being dominating. My criticism focuses on Pettit’s account of non-arbitrary governmental (...) action that claims that laws and policies are not dominating when people have democratic control over the government’s activity. Given the failure of Pettit’s argument, I turn to the proceduralist account of non-arbitrary state action proposed by Frank Lovett, and discuss the limitations of the account in diagnosing all ways in which border controls and immigration policy can generate domination. Finally, I present and defend the view that governmental action is not dominating when there are adequate checks that protect the objective interests of individuals. (shrink)

This article discusses Philip Pettit’s neo-republicanism in light of the criterion of self-sustenance: the requirement that a political theory be capable of serving as a self-sustaining public philosophy for a pluralist democracy. It argues that this criterion can only be satisfied by developing an adequate politics of virtue. Pettit’s theory is built around the notion of freedom as non-domination, and he does not say much about the virtues of citizens or the policies the state may employ to encourage their development. (...) In order to explain the motivation to comply with republican laws that promote non-domination, Pettit relies on the phenomenon of civility and the mechanism of the intangible hand. But to understand what underlies an adequate level of robust civility one needs to focus on the more basic phenomenon of personal virtue. Policies that aim to promote non-domination should take into account the need to cultivate virtue among citizens, as well as the full range of conditions that favor its exercise. (shrink)

The normative approach to defining an ethic of a field, which focuses on one disciplinary field, requires modification in the consideration of a biodefense ethic to include not one discipline, but many. The consideration of an ethic in biodefense must capture issues in a multidisciplinary scope, including the ethical studies in the disciplines of medicine, sciences, technology, law, international relations, public health, environment, and war, each having their unique framework of ethical constructs.An ethic of bioterrorism and biodefense raises issues which (...) can be examined utilizing multidisciplinary ethical considerations. The disciplines of medicine, sciences, technology, law, international relations, public health, environment, and war each have a framework of ethical principles which are essential in the scope of ethics which are incident to bioterrorism and biodefense; the absence of any one of which would create a void in our understanding of the complexity of this subject. (shrink)