One of the paradoxes of the free software ideology is its reliance on the legal institutions it was created to object to. One could argue that Free Software Foundation is using copyright to enforce their free software licenses as aggressively as the Business Software Alliance is enforcing its clients’ copyrights. We will show that the reality is more complex and that there is a significant difference: the free software community uses primarily non-legal enforcement methods and trusts on social norms. We (...) argue that free software could be used as a tool to make copyright more accepted in the less developed world because of its positive connection with copyright and community based approach. We explain why strong copyright is also in the interest of free software developers. The article concludes by suggesting that World Intellectual Property Organization should include free software into its development agenda. (shrink)

Cover -- Title -- Copyright -- Contents -- List of table -- Notes on contributors -- Acknowledgements -- Introduction: environmental human rights and political theory -- 1 The rights of humans as ecologically embedded beings -- 2 Defining the natural in the Anthropocene: what does the right to a 'natural' environment mean now? -- 3 Reconciliation of nature and society: how far can rights take us? -- 4 The foundation of rights to nature -- 5 Rights to natural resources and (...) human rights -- 6 Making sense of the human right to landscape -- 7 What's so good about environmental human rights? Constitutional versus international environmental rights -- 8 Environmental human rights - concepts of responsibility -- 9 Future people's rights: dispelling an ontological worry -- 10 Human rights-based precautionary approaches and risk imposition in the context of climate change -- Index. (shrink)

The aim of this study was to develop and validate a measure of robot use self-efficacy in healthcare work based on social cognitive theory and the theory of planned behavior. This article provides a briefing on technology-specific self-efficacy and discusses the development, validation, and implementation of an instrument that measures care workers’ self-efficacy in working with robots. The validity evaluation of the Finnish-language measure was based on representative survey samples gathered in 2016. The respondents included practical and registered nurses, homecare (...) workers, and physiotherapists. A majority of the respondents were female. The full instrument consists of a set of six task-specific self-efficacy items concerning general views of technological skills, confidence in learning robot use, and confidence in guiding others in robot use. Three items were chosen for the shorter version of the measure. The face validity, construct validity, and reliability were established to validate the instruments. Both 3-item and 6-item measures were found to be highly consistent in structure. Respondents with high levels of RUSH also reported more general self-efficacy and interest in technology, on average. A very brief instrument of three items is convenient to include in repeated employee surveys. (shrink)

New data-driven ideas of healthcare have increased pressures to reform existing data infrastructures. This article explores the role of data governing institutions during a reform of both secondary health data infrastructure and related legislation in Finland. The analysis elaborates on recent conceptual work on data journeys and data frictions, connecting them to institutional and regulatory issues. The study employs an interpretative approach, using interview and document data. The results show the stark contrast between the goals of open and Big Data (...) inspired reforms and the existing institutional realities. The multiple tensions that emerged during the process indicate how data frictions emanate to the institutional level, and how mundane data practices and institutional dynamics are intertwined. The article argues that in the Finnish case, public institutions acted as sage-guards of public interest, preventing more controversial parts from passing. Finally, it argues that initiating regulatory and infrastructural reforms simultaneously was beneficial for solving the tensions of the initiative and analysing either side separately would have produced misleading accounts of the overall initiative. The results highlight the benefits of analysing institutional dynamics and data practices as connected issues. (shrink)

Climate change compels us to rethink the ethics of our dietary choices and has become an interesting issue for ethicists concerned about diets, including animal ethicists. The defenders of veganism have found that climate change provides a new reason to support their cause because many animal-based foods have high greenhouse gas emissions. The new style of argumentation, the ‘climatic argument for veganism’, may benefit animals by persuading even those who are not concerned about animals themselves but worry about climate change. (...) The arguments about the high emissions of animal-based food, and a resulting moral obligation to abstain from eating such products, are an addition to the prior forms of argument for principled veganism grounded on the moral standing of, and concern for, nonhuman animals. In this paper, we examine whether the climatic argument for veganism is convincing. We propose a formulation for the amended version of the argument and discuss its implications and differences compared to the moral obligations of principled veganism. We also reflect upon the implications of our findings on agricultural and food ethics more generally. (shrink)

Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders, and analyses legal cases, policies, and philosophical issues relating to this development. -/- Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination (...) investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article ‘Should Trees Have Standing?’, the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. -/- Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy. (shrink)

The role of governments in business and society research has remained underexplored, and recent studies have called for further investigations of mechanisms of government intervention. In response to this call, this article studies how nation branding communication can govern businesses toward sustainability by providing qualifications for sustainable business, legitimizing these qualifications, and attaching national aspirations to business conduct that meets these qualifications. A comparative exploratory analysis of the nation branding materials of Denmark and Finland shows that while the two nations (...) qualify business sustainability in similar ways, differences exist in the legitimization of business sustainability and the national aspirations attached to sustainable business conduct. Both countries emphasize principles of efficiency and renewability in their sustainability qualifications. However, while Finland clearly seeks to attract firms to the local business environment to increase exports and improve the local economy, Denmark ascribes more heterogeneous value to sustainable business. (shrink)

Carl Schmitt sees the 1933 Nazi seizure of power as a revolution that inaugurates an entirely new era of political-legal order. Analyzing Schmitt’s rarer Nazi-texts, diaries, and correspondence, I argue that from 1933 to 1936 Schmitt attempts to theorize the Nazi revolution by developing an entirely new political language of Nazism, cleansed from non-German ways of thinking, especially nineteenth-century liberalism. I focus on three conceptual transformations through which Schmitt understands the remaking of the German state: The shift from the liberal (...) democratic neutral state to a new one-party state or a Führer-state dominated by a movement – a shift symbolized by the “death of Hegel”; the transformation of sovereign power into Führertum, represented by the symbolical deaths of Jean Bodin and Thomas Hobbes, whose thought cannot comprehend the totality of the Nazi movement, and the perversion of the liberal-democratic equality before the law to the völkisch equality of the race as the basis of all Nazi political–legal life. Criticizing previous interpretations of Schmitt’s Nazi thinking, I demonstrate that when Schmitt abandons his own decicionist thought in favor of concrete order thinking in 1933/1934 the idea of race becomes the basis of his political–legal thought. (shrink)

I will argue that Mill used the concepts tendency and intention as technical terms a proper understanding of which is vital in interpreting his moral philosophy. I examine two interpretations of tendency, offered by Brian Cupples and Fred Berger, and proceed to show weaknesses in both. I will also sketch an interpretation of my own in which tendencies have an important place in Mill's understanding of not only science but moral philosophy as well. I will then show how my interpretation (...) of tendency can help in understanding Mill's foreseeable consequences utilitarianism that relies heavily on Mill's unorthodox use of the notion of intention. (shrink)

Hurwicz (Social Choice and public decision making. Essays in honor of Kenneth J. Arrow, Cambridge University Press, Cambridge, 1986) was the first to study an approach to implementation theory based on choice functions instead of preference relations. We argue that the solution concept used by him, the generalized Nash equilibrium, is not really compatible with the idea that individual behavior is describable by a choice function. A new solution concept that better fits the choice function framework is then introduced. Using (...) this, we investigate what behavioral assumptions are needed for the full characterizations of Nash implementable social choice correspondences to still hold. We will show that a condition known as Property α is central. (shrink)

Climate change poses grave risks to food security, and mitigation and adaptation actions have so far been insufficient to lessen the risk of climate-induced violations of the right to food. Could safeguarding the right to food, then, justify some forms of geoengineering? This article examines geoengineering through the analytical lens of the right to food. We look at the components of food security and consider how the acceptability of geoengineering relates to the right to food via its impacts on these (...) components. Our examination shows that results vary greatly between different forms of geoengineering: while some forms of geoengineering fail to respect the right to food, certain other forms may even become obligatory to protect the right to food. It appears that there is no support for aerosol-based solar radiation management, whereas some carbon dioxide removal methods can help protect or promote the right to food. The ethical challenges related to carbon dioxide removal methods are, we note, similar to those that will also be faced in the course of climate change mitigation. (shrink)

ABSTRACT This article offers a new reading of Carl Schmitt and his Nazi engagement by chronologically examining the changing uses of Roman law in his Weimar and Nazi thought. I argue that Schmitt’s different ways of narrating the modern reception of Roman law disclose, first, the Nazification of his thought in the spring of 1933, and second, the partial and apologetic de-Nazification of his thinking in the 1940s. While Schmitt’s Weimar-era works are defined by a positive use of Roman imagery, (...) ranging from Schmitt’s support to the Catholic Church to his endorsement of Benito Mussolini’s ‘total state’ in Italy, Schmitt’s Nazi writings from 1933 to 1936 describe the reception of Roman law as an anti-German virus that must be overcome by the Nazi movement. This shift mirrors Schmitt’s transformation from an authoritarian thinker sympathetic to Italian Fascism into a devoted Nazi. However, once Schmitt begins to see that Germany will lose World War II, he recalibrates his position. While Schmitt’s earlier Nazi writings offered a negative estimation of the historical school of Friedrich Carl von Savigny, in his 1943/44 book on European legal science, Schmitt portrays Savigny as the paradigmatic European, whose work opens the path for a renewed legal science. (shrink)

This essay argues that Carl Schmitt’s postwar writings offer an original critique of biotechnology and utopian thinking. Examining the classics of utopian literature from Plato to Thomas More and Aldous Huxley, Schmitt illustrates the rise of utopianism that aims to transform human nature and even produce an artificial “human-machine.” Schmitt discovers a counterimage to the emerging era of biotechnology from a katechontic form of Christianity and maintains that human beings must recognize their shared humanity in God, warning us that without (...) a realm of transcendence, the enemy no longer offers an existential mirror but begins to incarnate foreign values, which must be destroyed completely. By comparing Schmitt with Michel Foucault and Donna Haraway, it is also argued that Schmitt’s thinking unlocks a novel path to exploring the meaning and histories of biopolitics and posthumanism. From a Schmittian perspective, Foucault’s depiction of biopolitics appears as a mere prelude to the coming age of biotechnology that will lead us into a posthuman era. Demonstrating interesting contrasts with Haraway’s utopian vision of the cyborg, it is maintained that Schmitt’s thinking offers a distinctively conservative-Christian critique of posthumanism. (shrink)

This article explores the writings of Hugo Grotius on the law of civil war. First, the article takes a look at what Grotius wrote about the Dutch revolt, the civil war during which he himself lived and which he helped to legitimise. Second, the article notes how in legal practice the Dutch revolt also provided a valuable early precedent for the later scholars of the law of civil war, who were more concerned with questions of revolutionary prize jurisdiction and the (...) problem of recognition. Third, the article explores the elements relating to these questions of civil war in Grotius’s volitional law of nations as presented in De iure belli ac pacis. These provided Grotius’s most enduring legacy for the later scholars on the law of civil war. (shrink)

There has been little theoretical debate of why companies behave in socially responsible ways whilst descriptive analysis of corporate social responsibility is flourishing. As result, there have been few methodological debates on how to study both what responsible actions are and why companies act accordingly. This methodological and theoretical essay discusses how institutional social theory has been and could be used in explaining socially responsible corporate behaviour. It is explored what kinds of theoretical tools are needed in explaining this behaviour (...) and how various tools can be integrated into one model explaining socially responsible corporate actions. It is argued that researchers should empirically focus simultaneously on normative origins and institutional environments of responsibilities, on power relations determining the particular responsibilities, and on institutional arrangement of corporate actions. (shrink)

This essay argues that Carl Schmitt’s postwar writings offer an original critique of biotechnology and utopian thinking. Examining the classics of utopian literature from Plato to Thomas More and Aldous Huxley, Schmitt illustrates the rise of utopianism that aims to transform human nature and even produce an artificial “human-machine.” Schmitt discovers a counterimage to the emerging era of biotechnology from a katechontic form of Christianity and maintains that human beings must recognize their shared humanity in God, warning us that without (...) a realm of transcendence, the enemy no longer offers an existential mirror but begins to incarnate foreign values, which must be destroyed completely. By comparing Schmitt with Michel Foucault and Donna Haraway, it is also argued that Schmitt’s thinking unlocks a novel path to exploring the meaning and histories of biopolitics and posthumanism. From a Schmittian perspective, Foucault’s depiction of biopolitics appears as a mere prelude to the coming age of biotechnology that will lead us into a posthuman era. Demonstrating interesting contrasts with Haraway’s utopian vision of the cyborg, it is maintained that Schmitt’s thinking offers a distinctively conservative-Christian critique of posthumanism. (shrink)

En 2015, le Premier ministre finlandais commandait une étude préliminaire sur l’introduction d’un revenu de base. Cet article présente ses résultats provisoires. Il analyse les diverses options envisagées, les implications de l’introduction d’un revenu de base quant aux incitations ou désincitations à prendre un emploi, ainsi que les reconfigurations plus lointaines qu’une telle introduction entrainerait dans le fonctionnement des allocations sociales.

This important collection focuses on the nature and importance of biodiversity. The concept is clarified and its intrinsic and instrumental value are discussed. Even though the term biodiversity was invented in the 1980s to promote the cause of species conservation, discussions on biological diversity go back to Plato. There are many controversies surrounding biodiversity and a few of them are examined here: What is worthy of protection or restoration and what is the acceptable level of costs? Is it permissible to (...) kill sentient animals to promote native populations? Can species be reintroduced if they have disappeared a long time ago? How should the responsibilities for biodiversity be shared? This book will be of interest to philosophers of science and biologists, but also to anyone interested in conservation and the environment. (shrink)

This article introduces a rhetorical theory of narrative in reading Kierkegaard, comparing Kierkegaard’s praxis to Phelan’s definition of “somebody telling somebody else that something happened on some occasion and for some purpose(s).” Use of pseudonyms problematizes “the somebody” telling and makes apparent the differing purposes of author and narrator. In the early authorship, the purpose is usually a life-view. The “something happened” may seem irrelevant in Kierkegaard, but it evokes questions of lived experience and life-view. The “occasion” for telling is (...) textually mediated, and thus draws a novel connection to literary history. Finally, I examine Kierkegaard’s real and authorial readers. (shrink)

Since the establishment of the first food bank in 1995, charitable food aid has become entrenched in Finland as a seemingly irreplaceable solution to food poverty. Further, it has recently been suggested that the focus of food aid activities is shifting from food poverty and temporary hunger alleviation towards environmental sustainability through addressing food waste via organized re-distribution of expiring food from retail to charitable organizations. This potentially creates a mechanism that solidifies food poverty and fortifies the paradoxical situation where (...) charitable organizations delivering food aid are dependent on food waste rather than trying to reduce it. To understand the process that has led to this shift, a longitudinal media data analysis on the evolution of the discussion and the interpretations on CFA is presented. By conducting an inductive frame analysis, the paper answers three key questions: How was CFA framed by and through the media in Finland between 1995 and 2016? Has any single frame dominated the discussion at any given point? Finally, what are the characteristics of the frame that focuses on food surplus redistribution? The results suggest that when the practices are framed as potential receivers and redistributors of surplus, perception of CFA is mainly favourable and the root causes for food insecurity are not addressed. Thus, by focusing on environmental sustainability, food aid practices—hitherto depoliticized as a poverty problem—have gained policy relevance in the discursive space of the circular economy; perhaps at the cost of poverty policy and with unintended consequences. (shrink)

The article examines the case of springtime bird hunting in Åland from a moral point of view. In Åland springtime hunting has been a cultural practice for centuries but is now under investigation due to the EU Directive on the protection of birds. The main question of the article is whether restrictions on bird hunting have a sound basis. We approach this question by analysing three principles: The animal rights principle states that if hunting is not necessary for survival, it (...) cannot be morally justified. Therefore hunting merely to engage in a cultural custom is morally suspect. In the light of the species conservation principle the hunting is questionable due to the fact that it seems to have a diminishing effect on the species populations. The formal principle of justice makes up a more difficult question since the special position of the minorities in regard to the use of natural resources is generally recognised so that they have the right to maintain their cultural practices. We claim, however, that even though cultural practices have substantial value and can be the object of special rights, they should be coherent with other principles. The springtime bird hunt in Åland does not accord with the relevant moral principles and for this reason we conclude that the basis for its continuation is weak. (shrink)

The article examines the case of springtime bird hunting in Aland from a moral point of view. In Aland springtime hunting has been a cultural practice for centuries but is now under investigation due to the EU Directive on the protection of birds. The main question of the article is whether restrictions on bird hunting have a sound basis. We approach this question by analysing three principles: The animal rights principle states that if hunting is not necessary for survival, it (...) cannot be morally justified. Therefore hunting merely to engage in a cultural custom is morally suspect. In the light of the species conservation principle the hunting is questionable due to the fact that it seems to have a diminishing effect on the species populations. The formal principle of justice makes up a more difficult question since the special position of the minorities in regard to the use of natural resources is generally recognised so that they have the right to maintain their cultural practices. We claim, however, that even though cultural practices have substantial value and can be the object of special rights, they should be coherent with other principles. The springtime bird hunt in Aland does not accord with the relevant moral principles and for this reason we conclude that the basis for its continuation is weak. (shrink)

The field of weather and climate ethics is a novel branch of applied ethics, based on environmental sciences and philosophy. Due to recent scientific findings concerning climate change, intentional weather and climate modification schemes have become even more relevant to finding feasible ways to moderate climate change and therefore are in need of careful analysis. When, if ever, can weather modification be deemed morally acceptable? The risks and adverse side-effects as well as indifference with regard to the limits of intervention (...) in natural processes present a case for calling weather modification proposals into question. This review article presents the central ethical research questions of weather ethics from a multidisciplinary perspective. (shrink)

The field of weather and climate ethics is a novel branch of applied ethics, based on environmental sciences and philosophy. Due to recent scientific findings concerning climate change, intentional weather and climate modification schemes have become even more relevant to finding feasible ways to moderate climate change and therefore are in need of careful analysis. When, if ever, can weather modification be deemed morally acceptable? The risks and adverse side-effects as well as indifference with regard to the limits of intervention (...) in natural processes present a case for calling weather modification proposals into question. This review article presents the central ethical research questions of weather ethics from a multidisciplinary perspective. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women (...) involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

Environmental problems are a legion, and of radically differing kinds. Yet the notion of a unified environmental crisis persists. Such unification has a solid basis, firstly because all areas of the world are interwoven into a global system of extraction, production, trade and consumption. Secondly, diverse environmental problems interact in many ways. However, too often this slips into problematic totalization, ignoring the important local socio-ecological specificities. The search for environmental master metrics, the attempt to find common units of measurement for (...) diverse environmental impacts, is a consequential example of this. A path must be found between problematic master metrics that lack contextual understanding and can lead to perverse outcomes, and addressing environmental problems in a piecemeal fashion that overlooks a systemic view. One set of tools can never suffice when we are dealing with the complex and multifarious field of environmental issues. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women (...) involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

Learning penetrates religion in many ways. Primary religious socialisation – sometimes referred to as religious nurture – is the process by which children are explicitly and purposefully taught to do things religiously or they learn implicitly by following what their families and other people around them do, speak and feel. In secondary religious socialisation one sets about learning something additional to or different from what was learned and internalised in one’s religious or non-religious childhood home and surroundings. Secondary socialisation may (...) also entail processes of unlearning something previously learned in order to grasp and master the skills, ways of thinking and feeling, and discursive habits of the new worldview and context of life. Learning in both primary and secondary socialisation can in some cases turn into a thoroughly religiously informed way of life. Alternatively, religious learning may not always be sufficiently lengthy and committed to result in full socialisation. Many people engage in religion merely in special situations or turning points in life, and after that particular need is over, religion loses its acute significance. Furthermore, religious learning may also have intended or unintended effects and consequences beyond the more strictly bounded religious sphere and may come to be reflected in personal and relational life much more widely. (See Long and Hadden 1983; Sherkat 2003; Collet Sabe 2007; Berliner and Sarró 2008; Erricker, Ota and Erricker 2012; Scourfield et al. 2013; Klingenberg, Sjö and Broo 2019.). (shrink)

The European Union Commission’s whitepaper on Artificial Intelligence proposes shaping the emerging AI market so that it better reflects common European values. It is a master plan that builds upon the EU AI High-Level Expert Group guidelines. This article reviews the masterplan, from a culture cycle perspective, to reflect on its potential clashes with current societal, technical, and methodological constraints. We identify two main obstacles in the implementation of this plan: the lack of a coherent EU vision to drive future (...) decision-making processes at state and local levels and the lack of methods to support a sustainable diffusion of AI in our society. The lack of a coherent vision stems from not considering societal differences across the EU member states. We suggest that these differences may lead to a fractured market and an AI crisis in which different members of the EU will adopt nation-centric strategies to exploit AI, thus preventing the development of a frictionless market as envisaged by the EU. Moreover, the Commission aims at changing the AI development culture proposing a human-centred and safety-first perspective that is not supported by methodological advancements, thus taking the risks of unforeseen social and societal impacts of AI. We discuss potential societal, technical, and methodological gaps that should be filled to avoid the risks of developing AI systems at the expense of society. Our analysis results in the recommendation that the EU regulators and policymakers consider how to complement the EC programme with rules and compensatory mechanisms to avoid market fragmentation due to local and global ambitions. Moreover, regulators should go beyond the human-centred approach establishing a research agenda seeking answers to the technical and methodological open questions regarding the development and assessment of human-AI co-action aiming for a sustainable AI diffusion in the society. (shrink)

Jacques Derrida: Law as Absolute Hospitalityãeepresents a comprehensive account and understanding of Derridaâe(tm)s approach to law and justice. Through a detailed reading of Derridaâe(tm)s texts, Jacques de Ville contends that it is only by way of Derrida's deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger - that the reasoning behind his elusive works on law and justice can be grasped. Through detailed readings of texts such as To speculate (...) âe" on Freud, Adieu, Declarations of Independence, Before the Law, Cogito and the history of madness, Given Time, Force of Law and Specters of Marx, De Ville contends that there is a continuity in Derridaâe(tm)s thinking, and rejects the idea of an âe~ethical turnâe(tm). Derrida is shown to be neither a postmodernist nor a political liberal, but a radical revolutionary. De Ville also controversially contends that justice in Derridaâe(tm)s thinking must be radically distinguished from Levinasâe(tm)s reflections on âe~the otherâe(tm). It is the notion of absolute hospitality - which Derrida derives from Levinas, but radically transforms - that provides the basis of this argument. Justice must on De Villeâe(tm)s reading be understood in terms of a demand of absolute hospitality which is imposed on both the individual and the collective subject. A much needed account of Derrida's influential approach to law,ãeeJacques Derrida: Law as Absolute Hospitalityãeewill be an invaluable resource for those with an interest in legal theory, and for those with an interest in the ethics and politics of deconstruction. (shrink)

This article addresses the boundaries of law and historiography in scrutinizing some rarely analyzed aspects of the works of Reinhart Koselleck. The article studies the significance of the tradition of ‘politico-juridical’ concepts in Koselleck’s thought, by tracing the intellectual history and biographies of some notable legal historians that for the large part defined the legal historical discourse after the Second World War. It is argued that a research of the connections between Koselleck and these legal historians provides an insight into (...) the themes of the temporality of law and the universality of legal concepts in Koselleck’s articles. In contextualizing the thinking and texts of Reinhart Koselleck, this article benefits from previously unused primary sources and illuminates the reference group and intellectual atmosphere in which Koselleck worked in and around 1968. (shrink)

Though the term ‘biodiversity’ is a neologism, the many ideas behind it are timeless. Classifications of place, species, and landraces occur across cultures and have facilitated human survival. The...

In this article I will develop the first steps of a wholly general theory of how indexical and reflexive pronouns function in propositional attitude ascriptions. This will involve a theory of ascriptions of de se beliefs and de se utterances, which can probably be also generalized so as to apply to ascriptions of other attitudes. It will also involve a theory about the ascriptions of beliefs or other attitudes a person has at a time about what happens then (attitudes de (...) praesente, as they are sometimes called) and the beliefs of a person concerning the one whom he is addressing (which I might call beliefs de recipiente) etc.. The most distinctive aspect of the theory will be that I will argue that many phenomena associated with such ascriptions that are nowadays most often viewed as pragmatic are semantic. I will use a system of symbolic logic to formalize such ascriptions. I will start from David Kaplan’s Logic of Demonstratives and generalize it into a logic I call Doxastic Logic of Demonstratives, DLD. Crucial to the semantics of the logic will be an exact definition of the adjustments of a character from one context to another. (shrink)