Little attention has been paid to the role of strangers in the social division of labor that is otherwise a key concept in sociological theory. Partly drawing upon Simmel, this article develops a general framework for analyzing the "uses" of "the stranger" throughout history. Four major domains in which strangers have often been employed are identified: (1) circulation (of goods, money, and information); (2) arbitration; (3) management of secret/sacred domains; and (4) "dirty jobs." The article also explores how these activities (...) relate to the characteristics of stranger-relations. It is suggested that such an inquiry, in addition to helping us to understand how the presence of strangers in a society affects the processes of social differentiation, might equip us with a conceptual framework often lacking from purely political and ethical considerations of stranger-relations. (shrink)

Advances in artificial intelligence, as well as its increased presence in everyday life, have brought the emergence of many new phenomena, including an intriguing appearance of what seems to be a variant of body dysmorphic disorder, coined “Snapchat dysmorphia”. Body dysmorphic disorder is a DSM-5 psychiatric disorder defined as a preoccupation with one or more perceived defects or flaws in physical appearance that are not observable or appear slight to others. Snapchat dysmorphia is fueled by automated selfie filters that reflect (...) unrealistic sociocultural standard. In this paper, we discuss how body dysmorphic disorder and related body image distortions could arise, using the conceptual resources provided by the active inference framework. We suggest that these disorders involve dysfunctional self-modelling which entails maladaptive internalization of sociocultural preferences during adolescent identity formation. Identity formation is hereby described as cycles of interpersonal active inference that arbitrate between identity exploration and commitment. We propose that impaired self-modelling is unable to reduce interpersonal uncertainty during identity exploration, which, over time, degenerates into uncontrollable epistemic habits that isolate the body image from corrective sensory evidence. In light of these insights, we subsequently explore some of the consequences of image-centered social media platforms on the identity formation process. We conclude that heightened interpersonal uncertainty in this novel context could precipitate the onset of body dysmorphic disorder and related body image distortions, particularly when selfie filters are involved. (shrink)

Advances in artificial intelligence, as well as its increased presence in everyday life, have brought the emergence of many new phenomena, including an intriguing appearance of what seems to be a variant of body dysmorphic disorder, coined “Snapchat dysmorphia”. Body dysmorphic disorder is a DSM-5 psychiatric disorder defined as a preoccupation with one or more perceived defects or flaws in physical appearance that are not observable or appear slight to others. Snapchat dysmorphia is fueled by automated selfie filters that reflect (...) unrealistic sociocultural standard. In this paper, we discuss how body dysmorphic disorder and related body image distortions could arise, using the conceptual resources provided by the active inference framework. We suggest that these disorders involve dysfunctional self-modelling which entails maladaptive internalization of sociocultural preferences during adolescent identity formation. Identity formation is hereby described as cycles of interpersonal active inference that arbitrate between identity exploration and commitment. We propose that impaired self-modelling is unable to reduce interpersonal uncertainty during identity exploration, which, over time, degenerates into uncontrollable epistemic habits that isolate the body image from corrective sensory evidence. In light of these insights, we subsequently explore some of the consequences of image-centered social media platforms on the identity formation process. We conclude that heightened interpersonal uncertainty in this novel context could precipitate the onset of body dysmorphic disorder and related body image distortions, particularly when selfie filters are involved. (shrink)

This study examined influential factors of newspaper corporation social responsibility and evaluated corporate social responsibility using a newspaper corporate social responsibility index. Results of this study, which was conducted by survey, showed that arbitrative, essential, and cultural activities were influential factors comprised of newspaper corporate social responsibility. In addition, the findings indicated that higher corporate social responsibility index was not accompanied by Korean newspaper corporations with larger circulations.

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

Context: Immunity includes cognitive concepts: the organism is thought to specifically recognize foreign materials and develop a memory of these encounters. Vaccines are thought to work by enhancing this immunological memory. Lymphocytes are key cells and specific antibodies are key molecules in immune recognition. Antibodies are blood proteins called “immunoglobulins.” Spontaneously formed immunoglobulins are seen as “natural” antibodies to dietary components and commensal bacteria. Immune cognition is used simply as a didactic metaphor. Problem: Do the cognitive aspects of immunology stem (...) from the activities of cells and molecules, or are they ascribed by the immunologist operating as a human observer? (1) An immense variety of immunoglobulins may bind to the same antigen with different binding energies. It is the immunologist who arbitrates the boundary between those that are specific (and declared antibodies) and those that are not. Specific antibodies serve as functional labels pasted onto natural immunoglobulins, as if they were recognizing elements. Is this “arbitration” the true cognitive event ascribed to immunoglobulins and lymphocytes? (2) A major impasse exists between progress in experimental immunology and its translation into clinical results. A proper understanding of immunological activity demands a wider view of an organism’s biology and, also, of the interference of human observers in delineating experimental realities, such as the specificity of immune recognition. Maturana’s biology of cognition and language provides one such approach. Method: Use of Maturana’s biology of cognition and language concepts to describe immunological activity. Results: A whole new understanding of immunological activity is suggested. Implications: A major change in the way of seeing is proposed that may eventually help the translation of this knowledge into clinical results. Furthermore, the immune system may also become a proper model for cognitive analyses. (shrink)

Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods in the inception of Islam, which have (...) similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on Shari’ah law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples. (shrink)

One of the most important issues that distinguishes the Baghdādī branch of the Muʿtazila from the Baṣran branch is their view on ʿAlī b. Abī Ṭālib (d. 40/661). Basra branch accepts the order of virtue of the first four caliphs as their order of coming to office, while the Baghdad branch considers the first three caliphs legitimate, but considers Ali more virtuous than them. The Baghdādī Muʿtazilīs who outspokenly defended this idea were Abū Jaʿfar al-Iskāfī (d. 240/854), Abū al-Qāsim al-Kaʿbī (...) (d. 319/931) and Ibn Abī al-Ḥadīd (d. 656/1258). Among them, Ibn Abī al-Ḥadīd was renowned as “the greatest scholar of the Muʿtazila” and was considered one of the last representatives of this school. He ardently defended ʿAlī's superiority in his commentary on Nahj al-Balāgha, the famous collection of Ali’s sermons, letters and wisdom sayings. In his defense, he rebutted some criticisms about ʿAlī’s political decisions from his school’s point of view. Many items of Ibn Abī al-Ḥadīd’s rebuttal are worthy of analysis in terms of their content, style and approach. This article aims to present a detailed account of Ibn Abī al-Ḥadīd’s aforementioned refutations. In addition to the descriptive method, the interpretative method was also employed in the article. Although Ibn Abī al-Ḥadīd did not consider Ali's infallibility necessary (wājib), unlike Imamiyya, he accepted it. Therefore, he responded to the criticisms directed at Ali, starting from the point of Ali's innocence. According to Ibn Abī al-Ḥadīd: (a) After the death of the Prophet, ʿAlī insisted on becoming the new leader of the Muslim community. He did not act hastily to assume the caliphate because he was not expecting any opposition to that. However, when the events took a different turn, he did not escalate the situation, rather accepted the status quo. (b) ʿAlī also did the right thing by participating in ʿUmar b. Al-Khaṭṭāb’s (d. 23/644) electoral shūrā. This was an opportunity for him to become the next caliph, and reinstitute a system in accordance with the Qurʿānic principles and sunna of the Prophet. (c) It was also not an error when ʿAlī decided to stay in Medina during the events of ʿUthmān’s murder (d. 35/656). He played an active role in dissuading the rebels from their attempt to kill ʿUthmān, but he was in no position to know that his activity would be used against him later by the Umayyads who accused ʿAlī of being complicit in ʿUthmāns’s murder. (d) ʿAlī took the caliphate after ʿUthmān because of his popularity among the people. In this way, he managed to prevent an unqualified person to occupy the seat of the caliphate. (e) When the Battle of Camel broke out, those who demanded justice and opposed ʿAlī were in error. (f) When ʿAlī became the new caliph, his decision to remove Muʿāwīya (d. 60/680) from the governorship of Syria was correct. This is because Muʿāwīya would have refused to accept ʿAlī’s leadership even had he stayed in office as a governor. ʿAlī understood that the conflict would end only through fighting, so he did not lose time in marching against Muʿāwīya. (g) During the battle he abided by the sharīʿa and allowed the Syrian army to access water. (h) It was not ʿAlī, but those defectors in his army who obliged him to end the fighting through arbitration. (i) When ʿAlī agreed to sign the Ṣiffīn ceasefire agreement and did not use his title amīr al-muʾminīn, he followed the Prophet's example since the latter also refrained from using his title during the Ḥudaybiyya agreement. (j) ʿAlī also cannot be blamed for those among his supporters, such as the poet al-Najāshī, who defected and joined the ranks of Muʿāwīya. The motivations for the defectors were either to attain worldly gains or to escape from punishment for the crimes which they had committed. (k) When Muʿāwīya managed to conquer Egypt, ʿAlī’s governors of the province, Qays b. Saʿd (d. 60/680) or Muḥammad b. Abī Bakr (d. 38/658), did nothing for which they could be blamed. (l) And finally, ʿAlī never had guards to protect him because he was never afraid of being assassinated. Although Ibn Abī al-Ḥadīd took Ali's innocence as a basis while presenting these views, he did not make inconsistent comments in general and did not say things contrary to historical facts. Therefore, it is necessary to acknowledge historical value of his views in question. (shrink)

Literary theory, newly conscious of its own historicism, has recently turned its attention to the history of interpretation. For midrash, this attention has arrived none too soon. The activity of Biblical interpretation as practiced by the sages of early Rabbinic Judaism in late antiquity, midrash has long been known to Western scholars, but mainly as either an exegetical curiosity or a source to be mined for facts about the Jewish background of early Christianity. The perspective of literary theory has (...) placed midrash in a decidedly new light. The very nature of midrash has now come to epitomize precisely that order of literary discourse to which much critical writing has recently aspired, a discourse that avoids the dichotomized opposition of literature versus commentary and instead resides in the dense shuttle space between text and interpreter. In the hermeneutical techniques of midrash, critics have found especially attractive the sense of interpretation as play rather than as explication, the use of commentary as a means of extending a text’s meanings rather than as a mere forum for the arbitration of original authorial intention. Some theoreticians have gone so far as to invoke midrash as a precursor, in a spiritual if not a historical sense, to more recent post-structuralist literary theory, in particular to deconstruction with its critique of logocentrism and the metaphysics of presence David Stern is assistant professor of medieval Hebrew literature in the department of Oriental Studies at the University of Pennsylvania. He is the author of Parables in Midrash: The Intersection of Narrative and Exegesis in Rabbinic Literature and coauthor, with Mark Jay Mirsky, of Rabbinic Fantasies: Imaginative Narratives from Classical and Medieval Hebrew Literature. (shrink)

L’émergence des marchés en Europe de l’Est, en Asie et celle du cyber-espace ne se fait pas avec la rapidité que beaucoup d’observateurs voudraient. La lenteur de ce développement provient de l’environnement institutionnel : les systèmes législatifs ne soutiennent pas les droits de propriété privée et ne font pas plus respecter les contrats. Ainsi, beaucoup soutiennent que les Etats doivent intensifier leurs efforts pour établir un droit commercial. En réalité, il faut réclamer un désengagement de l’Etat dans le droit commercial. (...) Tout au long de l’histoire, le recours efficace de l’activité commerciale est toujours provenu d’un système polycentrique de droit coutumier avec des querelles résolues par le biais de cours de commerce ou d’arbitrage eux-mêmes appuyés par des sanctions d’ostracisme imposées de façon privée, et il en est de même pour le droit commercial international aujourd’hui. Nous proposons une description des institutions et des processus du droit commercial international, suivie de discutions sur la nécessité d’un droit polycentrique et des caractéristiques du droit coutumier. Finalement, nous expliquons pourquoi nous devrions compter sur un système de droit coutumier polycentrique sans Etat pour l’émergence récente des marchés.The emergence of markets in Eastern Europe, Asia, and cyberspace is no occurring as rapidly as many observers would like. Slow development is a function of the institutional environment: legal systems do not support private property rights or enforce contracts. Thus, many contend that states must step up their efforts to establish commercial law. In reality, less state involvement in commercial law is called for. Throughout history effective recourse for commercial activity has been produced through a polycentric system of customary law with disputes resolved through merchant courts or arbitration backed by privately imposed ostracism sanctions, and the same is true for international commercial law today. A description of the institutions and processes of international commercial law is provided, followed by discussions of the desirability of polycentric law and the characteristics of customary law. Finally, an explanation is provided for why a stateless system of polycentric customary law should be relied upon in modern emerging markets. (shrink)

Political protests involving clashes with police are often delegitimized by governments for using “uncivil” and “violent” means. Drawing on a creative video clip made by a group of Gezi protestors, this paper theorizes an alternative response, which refuses the dichotomy between peaceful and violent struggles and instead seeks to transform the field of judgement. The protestors in the clip, by echoing a verse originally written by poet Cemal Süreya, reconstruct destructive activity – breaking billboards – playfully and detached from (...) its presumed ends. Placing their performances in conversation with Giorgio Agamben’s theory of mediality – means without end – I argue that the clip reconstructs political action in play-form, corroding the significance of the means-ends relationship. In doing so, it frustrates the usual grounds of judgement within which the meaning and value of protest activities are arbitrated. (shrink)

Since Descartes “separation” of the Soul from the Body, we observe a complete confusion in their causal, functional, and semiotic relationships. However, in modern knowledge (about the informational activity of the human brain, the functional and causal properties of its neural networks, the functions of psychic phenomena during the processing of information in it, about the causal “ability” of information) it is time to put an end to this problem. Here, in order to explain what I am talking about, (...) I will use the notion of “information” (which had been unknown by Descartes) regarding the “dispute” between Mind & Body (the Physicality and the Mentality) for “the right” to be a more fundamental ontology of Reality. I will do this by introducing an “arbitrator” — the Objective Reality. This goal is achieved through the study of information activity of the human brain. In the process of this study, it turns out that the information activity of the brain in principle cannot be carried out without mental phenomena. That is, it turns out that the classical physical causality, which operates in the neural networks of the brain, is not able, by itself, without mental phenomena, to implement the information operations that the human brain actually performs. It also turns out that the functional inclusion of mental phenomena (at least, the phenomena of subjective evaluation and mental images) in the neurophysiologic (by and large, physical) activity of the brain explains the possibility and necessity of functional inclusion in this information processing the phenomenon of freedom of choice. After all, the processing information in the brain through mental phenomena allows more than one degree of freedom than it is “allowed” by any physical process. (shrink)

After two years of discussions and revisions, the World Anti-Doping Agency (WADA) published the 2021 World Anti-Doping Code on June 16, 2020. Among the most significant additions to this iteration of the Code was the inclusion of new categories of athletes subject to differential treatment by WADA, including the “protected person” category. In this paper, we examine the recent case of figure skater Kamila Valeryevna Valieva, the first athlete given differential treatment due to her being categorized as a “protected person.” (...) We apply a relational justice framework to the case to provide a nuanced, descriptive analysis of the case generally, and the application of the “protected person” category in particular.We first describe details of the athlete, her performances and anti-doping rule violation, and the “protected person” category, to provide context. We then describe and analyze the relations between several institutional actors, principally WADA and the International Court for the Arbitration of Sport (CAS), the athlete and her team, and other figure skating athletes at the Beijing Winter Olympic Games. To do so, we use two concepts of justice, conservative and ideal, and their component parts, entitlement, desert, and need.Our description and analyses demonstrate that (1) WADA’s notions of justice are essentially conservative, while CAS acted toward more ideal notions, creating a fundamental disagreement in what was owed and to whom. We show (2) that CAS’ decision may have nonetheless caused harm to the athlete, raising questions about the efficacy and capability of the “protected person” category. Finally, (3) our analyses show the influence that notions of justice necessarily have these actors shape each other, thus change the sporting institutions and activities themselves. (shrink)

Egalitarians sometimes analogize socioeconomic opportunities to starting gates, playing fields, and the results of a lottery. A fair game is one in which all have an equal opportunity to succeed; egalitarians propose that the same is true of a fair society. A second type of argument for egalitarianism appeals to intuitions about the distribution of found resources. A just division of manna discovered on a strange planet seems to be an equal one. Both types of argument share a crucial feature: (...) they concern the once-off division of a fixed sum of goods. I argue that the most compelling reasons to depart from an equal division of goods derive from the economic activity involved in producing more of those goods, e.g., Pareto improvements due to efficiency gains that result from incentives that encourage production. We cannot conclude that game analogies and found resources cases arbitrate in favour of equality against non-egalitarian principles because they exclude precisely those considerations that provide the strongest reasons to reject equality. (shrink)

Ceux qui affirment que le libre arbitre est une illusion n’ont pas raison. Ils fondent leur affirmation sur une preuve scientifique établie à un niveau impropre de description de l’activité intentionnelle. Le libre arbitre ne s’exerce pas sur les processus neuronaux sub-personnels, l’activation musculaire ou les mouvements élémentaires du corps, mais sur des activités contextualisées au sein d’un système qui est nettement plus grand que ne le pensent bon nombre de philosophes de l’esprit, de psychologues et de neuroscientifiques contemporains. Dan (...) cet article, je décrit ce genre d’intentionnalité qui va avec l’exercice du libre arbitre. (shrink)

Previous work in the agri-food tradition has framed food auditing as a novelty characteristic of a shift to neoliberal governance in agri-food systems and has tackled the analysis of food “quality” in the same light. This article argues that agri-food scholars’ recent interest in the contested qualities of food needs to be situated alongside a much longer history of contested cultural attributions of trust in food relations. It builds on an earlier discussion suggesting that, although neoliberalism has undoubtedly opened up (...) new spaces for audit activity, older political and social dynamics operating around food audits were established long before the neoliberal historical moment. Breaking new ground (as far as is known) by looking further back than the early history of the organic social movement, it examines intersections of religious food auditing, migrant food culture, and commercial dynamics in food systems. Based on secondary sources, two contrasting case studies are presented to illustrate the flux and complexity for: New World Diaspora migrants to New York City of assuring food was kosher; and more recent Maghrebi migrants to southwest France of assuring food is halal. The article concludes by noting that the neoliberal moment stands not as the unique progenitor of a new style of food authority, but rather as the latest response to a wider rupture in the historically contingent arbitration of new forms of trust in food. (shrink)

Financial services have a very significant impact on and meaning to the daily life and welfare of consumers. The spectrum of these types of services is very broad, and their regulation is also changing both at EU and national (Member State) level. In order to implement the main or the most relevant EU level goals, such as high level consumer rights protection, consumer trust in business sector, proper and effective functioning of the EU internal market it is essential to ensure (...) clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote, seek for the more effective, faster and cheaper ways of solving consumer and business sector disputes. The authors of this article support the idea that the abovementioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups, committees or EUwide networks, such as FIN-NET. This article reflects general ideas about the problems arising in the financial consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, analysis of alternative dispute resolution (hereinafter – the ADR) methods and the good practice of their application in the EU Member States. This article highly supports the application of alternative, nonjudicial procedures and broader application of the means of selfregulation, such as codes of conduct. (shrink)

Manifest Activity presents and critically examines the model of human power, the will, our capacities for purposeful conduct, and the place of our agency in the natural world of one of the most important and traditionally under-appreciated philosophers of the 18th century: Thomas Reid. For Reid, contrary to the view of many of his predecessors, it is simply manifest that we are active with respect to our behaviours; it is manifest, he thinks, that our actions are not merely remote (...) products of forces that lie outside of our control. Reid holds, instead, that actions are all and only those events that spring from active power and he produces insightful and imaginative arguments for the claim that only a creature with a mind is capable of having active power. He believes that only human beings, and creatures 'above us', are capable of directing events towards ends, of endowing them with purpose or direction, the distinctive feature of action. However, he also holds that all events, and not merely human actions, are products of active power, power possessed either by human beings or by God. This collection of theses leads Reid to the view that human behaviour and the progress of nature are both essentially teleological. Patterns in nature are the products of laws of which God is the author; patterns in human conduct are the products of character and the laws that individuals set for themselves. Manifest Activity examines Reid's arguments for this view and the view's implications for the nature of character, motivation and the special kind of causation involved in the production of human behavior. (shrink)

In Canada, much media attention has recently been focused on the formation of arbitration tribunals that would use Islamic law or Sharia to settle civil matters in Ontario. In fact, the idea of private parties voluntarily agreeing to arbitration using religious principles or a foreign legal system is not new. Ontario's Arbitration Act has allowed parties to resolve disputes outside the traditional court system for some time. This issue has been complicated by the fact that Canada has a commitment to (...) upholding both a policy of multiculturalism and an international obligation towards women's rights. Although these values need not necessarily conflict, in this context, they have carried a tension that must be reconciled. This paper will examine the legal implications of faith-based arbitration tribunals in family law, with a particular emphasis on the impact that Sharia could have on Muslim women in Ontario. (shrink)

The purpose of this paper is to provide an overview of the most recent public policy and ethical issues as they relate to the growing usage of nonunion employment arbitration particularly in relation to financial services firms and professional firms. In this era of increasing employment-related litigation, it is wise from an employer’s point of view to find alternative procedures that offer assurances of fairness yet provide expeditious means for resolving disputes. From an employee’s vantage point, however, it is essential (...) that the fundamental issue of procedural and substantive due process be maintained and guaranteed. Therefore, a number of strategic ethical issues arise: How should employment arbitration procedures be designed following the Due Process Protocol of the Task Force on Alternative Dispute Resolution in Employment? How should arbitration procedures follow the national rules for the resolution of employment disputes of the American Arbitration Association? Do recent court decisions shed light on these issues? What ethical principles can be gleaned from these public policy pronouncements? A final objective of this paper is to study some of the current initiatives on this topic. (shrink)

Papers presented by three scholars from Asia, Africa and Europe, at a seminar held at the Hague Academy of International Law, Netherlands.

Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all “contract[s] evincing a transaction involving commerce,” including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures (...) that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness in the near future more medical contracts containing arbitration provisions. As a consequence, all manner of tort claims might be hashed out in the sequestered universe of arbitration. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state (...) arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

The psychology of reasoning uses norms to categorize responses to reasoning tasks as correct or incorrect in order to interpret the responses and compare them across reasoning tasks. This raises the arbitration problem: any number of norms can be used to evaluate the responses to any reasoning task and there doesn’t seem to be a principled way to arbitrate among them. Elqayam and Evans have argued that this problem is insoluble, so they call for the psychology of reasoning to dispense (...) with norms entirely. Alternatively, Stupple and Ball have argued that norms must be used, but the arbitration problem should be solved by favouring norms that are sensitive to the context, constraints, and goals of human reasoning. In this paper, I argue that the design of reasoning tasks requires the selection of norms that are indifferent to the factors that influence human responses to the tasks—which aren’t knowable during the task design phase, before the task has been given to human subjects. Moreover, I argue that the arbitration problem is easily dissolved: any well-designed task will contain instructions that implicitly or explicitly specify a single determinate norm, which specifies what would count as a solution to the task—independently of the context, constraints, and goals of human reasoning. Finally, I argue that discouraging the use of these a priori task norms may impair the design of novel reasoning tasks. (shrink)

François-Xavier Amherdt La constellation sémantique autour de la notion d’arbitrage paraît paradoxale : d’un côté, le terme d’« arbitre » désigne celui ou celle qui, en sport par exemple, permet, par son impartialité et sa mise en oeuvre des lois du jeu, qu’une rencontre se déroule sans heurts. D’un autre, des décisions sont dites « arbitraires » précisément lorsqu’elles ne correspondent pas à l’observation des règles établies. À travers son expérience personnelle de 45 années d’arbitrage de football, l’auteur, prêtre diocésain (...) et professeur de théologie, propose une exégèse de la figure de Dieu comme « arbitre des nations » selon Isaïe, qui valorise la fonction arbitrale en tant que servante de la réconciliation, à condition d’échapper à tout arbitraire. Sur le terrain comme dans l’existence, si le premier est comme le reflet de la seconde. (shrink)

Les textes -- Tiédeur et laxisme d'Érasme -- Rigueur et sobriété de Luther -- Les prédécesseurs de Luther -- Lignes do force du débat -- Que reste t-il de nos prières et de nos efforts? -- La doctrine des deux règnes -- La liberté le traite de la liberté du chrétien de M. luther -- Serf arbitre et nouvelle théologie -- L'oeil et le regard -- L'exigence de vérité -- La justification -- Essai de résumé du Traite du serf arbitre (...) de Martin Luther. (shrink)

The COVID-19 pandemic has led to the widespread use of online hearings in arbitral proceedings, raising questions about the impact of such proceedings on the determination of facts underlying a dispute. This article explores the extent to which online hearings may hinder arbitrators’ ability to assess witness credibility by drawing upon the cognitive psychology literature on truthfulness determination and lie detection. A survey of the literature suggests that the ability to differentiate truthful from dishonest statements through verbal and nonverbal cues (...) is limited, leading to the notion that observing behaviors like fidgeting, gaze aversion, vocal pitch, or body posture is not particularly relevant in assessing the credibility of a witness. Instead, focusing on the content of what is reported appears to be the most relevant strategy to determine credibility. Therefore, research does not support the idea that face-to-face contact with witnesses is essential to determine the facts of a dispute. Still, the use of in-person hearings may, in practice, continue to be preferred due to underlying cultural assumptions regarding the nature of hearings, the facilitation of communication between parties, counsel, and the tribunal, and a general sense of _Zoom fatigue_. (shrink)

This article is currently available as a free download on ingentaconnect.

Les recherches récentes sur la plasticité neuronale ouvrent à une nouvelle compréhension des liens entre structures nerveuses et comportement humain. Selon les perspectives développées par Kandel et Edelman, le concept de libre arbitre a toute sa pertinence. Une confrontation avec les expériences de Libet et l’interprétation qu’en propose Wegner conduisent tout d’abord à l’analyse du problème du déterminisme en lien avec les traditions scientifiques et philosophiques. Les relations au langage sont ensuite étudiées en référence aux travaux de Habermas et Davidson. (...) Dans la mesure où l’activité langagière s’intègre à la dynamique de la plasticité neuronale, un modèle explicatif est proposé où, à distance de Wegner, le langage peut avoir un impact effectif sur le comportement humain. Un libre arbitre effectif de l’humain parait pensable. (shrink)