Philosophy &Public Affairs, Volume 51, Issue 3, Page 294-326, Summer 2023.

This article considers the implications of jus in bello for jus post bellum by exploring the relevant differences between victims of different sides in World War II: the Jewish Holocaust victims and the German civilians bombed by the Allied air forces. Some assert a moral equivalence between the catastrophes these two groups endured [Appleyard, Bryan. (2017). “I’m a Holocaust Sleuth.” The Weekend Australian Magazine, April 8–9: 27–28]. Although we do not dispute that German civilians suffered as victims of Allied aerial (...) bombings, we do question the depiction of their suffering as morally equivalent to the Holocaust of European Jewry. Much of the German war effort was directed at exterminating Jews. Likewise, much of the Allied war effort was directed at bombing German civilians. Both were wicked acts. But they embody very different goals, which were achieved by employing very different means. We present three factors that consider those different goals and means, thereby demonstrating that the Nazis’ victimisation of Jews was far worse than the Allies’ victimisation of German civilians. We conclude by urging military ethicists to learn from the past and to recognise that the treatment of the victims of war has implications for later generations. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister's formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. © Springer Science + Business Media B.V. 2009. (shrink)

Over the years, there have been increasing intersections between religious claims and nationalism and their power to frame and govern world politics. When Politics Are Sacralized interdisciplinarily and comparatively examines the fusion between religious claims and nationalism and studies its political manifestations. State and world politics, when determined or framed by nationalism fused with religious claims, can provoke protracted conflict, infuse explicit religious beliefs into politics, and legitimize violence against racialized groups. This volume investigates how, through hegemonic (...) nationalism, states invoke religious claims in domestic and international politics, sacralizing the political. Studying Israel, India, the Palestinian National Movement and Hamas, Sri Lanka, Saudi Arabia, Serbia, Iran, and Northern Ireland, the thirteen chapters engage with the visibility, performativity, role, and political legitimation of religion and nationalism. The authors analyze how and why sacralization affects political behaviors apparent in national and international politics, produces state-sponsored violence, and shapes conflict. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister’s formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. (shrink)

In The Case for Animal Rights, Tom Regan argues that although all subjects-of-a-life have equal inherent value, there are often differences in the value of lives. According to Regan, lives that have the highest value are lives which have more possible sources of satisfaction. Regan claims that the highest source of satisfaction, which is available to only rational beings, is the satisfaction associated with thinking impartially about moral choices. Since rational beings can bring impartial reasons to bear on decision (...) making, Regan maintains that they have an additional possible source of satisfaction that nonrational beings do not have and, consequently, the lives of rational beings turn out to have greater value.. (shrink)

We argue that all comparative expressions in natural language obey a principle that we call Comparability: if x and y are at least as F as themselves, then either x is at least as F as y or y is at least as F as x. This principle has been widely rejected among philosophers, especially by ethicists, and its falsity has been claimed to have important normative implications. We argue that Comparability is needed to explain the goodness of several (...) patterns of inference that seem manifestly valid, that the purported failures of Comparability would have absurd consequences, and that the influential arguments against Comparability are less compelling than they may have initially seemed. (shrink)

In a comparative study of karma theodicy and atonement theodicy, as developed by some Hindu and Christian theologians, this article argues that they present teleological visions where individuals become purged, purified, and perfected in and through their worldly suffering. A karma theodicy operates with the notion that there is some form of proportionality between past evil and present suffering, even if such correlations can only be traced by an enlightened sage or are known to the omniscient God. Christian mystics (...) too seek not so much to explain suffering as to identify suffering with the agony of Christ on the cross, and they envision such suffering as part of a unitive journey where their love of Christ is purified. In these ways, both styles of theodicy use rational resources towards the goal of explanation, while reminding their adherents that the faltering intelligibility that they seek is to be seen as an integral component of their active participation in a sense of theological mystery that enfolds, and yet transcends, their finite existences. (shrink)

It has historically been assumed that comparative and superlative quantifiers can be semantically analysed in accordance with their core logical–mathematical properties. However, recent theoretical and experimental work has cast doubt on the validity of this assumption. Geurts & Nouwen have claimed that superlative quantifiers possess an additional modal component in their semantics that is absent from comparative quantifiers and that this accounts for the previously neglected differences in usage and interpretation between the two types of quantifier that they (...) identify. Their semantically modal hypothesis has received additional support from empirical investigations. In this article, we further corroborate that superlative quantifiers have additional modal interpretations. However, we propose an alternative analysis, whereby these quantifiers possess the semantics postulated by the classical model and the additional aspects of meaning arise as a consequence of psychological complexity and pragmatic implicature. We explain how this model is consistent with the existing empirical findings. Additionally, we present the findings of four novel experiments that support our model above the semantically modal account. (shrink)

This reissue of an American philosophical classic includes a new preface by Cavell, in which he discusses the work's reception and influence. The work fosters a fascinating relationship between philosophy and literature both by augmenting his philosophical discussions with examples from literature and by applying philosophical theories to literary texts. Cavell also succeeds in drawing some very important parallels between the British analytic tradition and the continental tradition, by comparing skepticism as understood in Descartes, Hume, and Kant with philosophy of (...) language as practiced by Wittgenstein and Austin. (shrink)

Recently, many philosophers and psychologists have claimed that the explanation that grounds both passivity phenomena in the cognitive domain and passivity phenomena that occur with respect to overt actions is, along broad lines, the same. Furthermore, they claim that the best account we have of such phenomena in both scenarios is the “comparator” account. However, there are reasons to doubt whether the comparator model can be exported from the realm of overt actions to the cognitive domain in general. There is (...) a lingering worry concerning such explanations of thought insertion: the "What is compared to what?" problem. Here I examine two ways to tackle this problem. First: thought insertion consists of the misattribution of strings of inner speech which are not attenuated (thought insertion is thus another name for auditory verbal hallucinations). Second: thought insertion is misattributed inner speech which exhibits the same phenomenological characteristics as normal inner speech. After explaining the types of problem that each of these potential solutions faces, I conclude with a set of open questions that the comparator theorist has to tackle. (shrink)

In this opinion piece, I briefly argue, against certain recent claims, that the Non-Identity Problem is indeed a significant problem for any comparative personal view – views on which the moral status of an act (at least partly) depends on the comparative relation between a property F of some person P as a consequence of that act and F of P as a consequence of the relevant alternative(s).

This article explores the main similarities and differences between Derek Parfit’s notion of imprecise comparability and a related notion I have proposed of parity. I argue that the main difference between imprecise comparability and parity can be understood by reference to ‘the standard view’. The standard view claims that 1) differences between cardinally ranked items can always be measured by a scale of units of the relevant value, and 2) all rankings proceed in terms of the trichotomy of ‘better (...) than’, ‘worse than’, and ‘equally good’. Imprecise comparability, which can be understood in terms of the more familiar notions of cardinality and incommensurability, rejects only the first claim while parity rejects both claims of the standard view. -/- I then argue that insofar as those attracted to imprecise comparability assume that all rankings are trichotomous, as Parfit appears to, the view should be rejected. This is because imprecise equality is not a form of equality but is a sui generis ‘fourth’ basic way in which items can be ranked. We should, I argue, understand imprecise equality as parity, and imprecise comparability as entailing ‘tetrachotomy’ – that if two items are comparable, one must better than, worse than, equal to, or on a par with the other. Thus those attracted to the idea that cardinality can be imprecise should abandon trichotomy and accept parity and tetrachotomy instead. -/- Finally, I illustrate the difference between Parfit’s trichotomous notion of imprecise comparability and parity by examining how each notion might be employed in different solutions to the problem posed by the Repugnant Conclusion in population ethics. I suggest that parity provides the arguably more ecumenical solution to the problem. (shrink)

Substructural theories of truth are theories based on logics that do not include the full complement of usual structural rules. Existing substructural approaches fall into two main families: noncontractive approaches and nontransitive approaches. This paper provides a sketch of these families, and argues for two claims: first, that substructural theories are better-positioned than other theories to grapple with the truth-theoretic paradoxes, and second—more tentatively—that nontransitive approaches are in turn better-positioned than noncontractive approaches.

The paper discusses the notion of reasoning with comparative moral judgements (i.e judgements of the form “act a is morally superior to act b”) from the point of view of several meta-ethical positions. Using a simple formal result, it is argued that only a version of moral cognitivism that is committed to the claim that moral beliefs come in degrees can give a normatively plausible account of such reasoning. Some implications of accepting such a version of moral cognitivism are (...) discussed. (shrink)

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the (...) theory of justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)

Comparative pride—that is, pride in how one compares to others in some respect—is often thought to be warranted. In this paper, I argue that this common position is mistaken. The paper begins with an analysis of how things seem when a person feels pride. Pride, I claim, presents some aspect of the self with which one identifies as being worthy. Moreover, in some cases, it presents this aspect of the self as something one is responsible for. I then go (...) on to argue that when the focus of one's pride is comparative, things are never as pride makes them seem. The core problem is that if the performance in which one takes pride is really valuable, the fact that it is superior to the performance of others does nothing to contribute to that value. I conclude with a discussion of why so many are inclined to validate comparative pride and a response to those who claim that comparisons are essential to pride because they must be used to set standards of excellence. (shrink)

This article analyses the rationality of the principle of proportionality as a justificatory method for solving cases involving conflicts of constitutional principles. It addresses the “problem of comparability”: a set of arguments claiming that proportionalists fail to understand what happens when constitutional principles collide. The problem of comparability suggests that balancing cannot be done if some conflicts of constitutional principles are, in reality, cases of noncomparability, incommensurability, incomparability, or vagueness. In this article, I challenge the views of both proportionalists and (...) their skeptics. Against the skeptics, I argue that proportionality can survive the challenge posed by the problem of comparability. Against the proportionalists, I submit that proportionality cannot be understood as a system of tradeoffs between degrees of satisfaction of principles. If comparison among constitutional principles is to be rational, we need a different approach to normativity—one that allows for the possibility of parity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethnophilosophy, Comparative Philosophy, Pragmatism:Toward a Philosophy of EthnoscapesThorsten Botz-Bornstein, Associate ResearcherIn this essay I would like to reflect on the place of philosophy within a "globalized" world and reconsider its status as a phenomenon that is potentially linked to a "local" culture. Whenever we question the authority of "general" truths and we look for ways of integrating "local discourses" into the overall construction called "global philosophy," we come (...) across the old idea of "ethnophilosophy." Far from suggesting ethnophilosophy as a model for the philosophy of the future, I intend to rethink certain themes of ethnophilosophy and contrast them with disciplines such as "comparative philosophy" and pragmatism. I will sketch an approach that I believe to be appropriate for the development of philosophy in times of globalization.One of the negative undertones of the term "globalization" is that it is seen as a uniformizing and flattening power that eliminates existing cultural differences. On the other hand, there is an important side effect of globalization represented by those movements acting against it, stressing the importance of "localization" or "regionalization." Ethnophilosophy, in spite of its outdated origin and its potential dangers, remains interesting as an intellectual model as long as it is not formulated in a radical fashion. When it is formulated in a radical fashion it has to face the reproach of relativism and of enclosing itself in a cultural sphere that it declares to be inaccessible to others.Ethnophilosophy: A Renaissance?Ethnophilosophy was developed in Africa in the 1960s, although its origin can be traced back to a book on Bantu philosophy by the Belgian missionary Placide Tempels. In this book, published in 1946, Tempels tried to conclude with the view that primitive peoples have neither ontology nor logic and are unable to recognize the nature of being or even of reality as such. Tempels was looking for an ontology colored by "local" cultural components but also by language,1 and he made a serious attempt to build a philosophical system based on Bantu thought.What followed were endless controversies about the nature of African philosophy that made of "ethnophilosophy" a stream of thought much richer than its name might allow one to suppose. A part of its stimulating power can perhaps be traced to the ambiguity of Tempels' approach: on the one hand it could easily be dismissed as paternalism or the attempt to force African philosophy into the straightjacket of European concepts, while on the other hand the expressed desire to give "ethnic" [End Page 153] philosophy a new role within the international hierarchy of the philosophies was immensely attractive. Be that as it may, Tempels' book became the real manifest of "ethnophilosophy."Another point at issue that spurned internal ethnophilosophical discussions was the question whether African philosophy is advanced by an entire people (that is, by a collective) or by individual philosophers. This question (which does not arise in Tempels' book) was first taken up by the Beninese philosopher Paulin Hountondji,2 who claimed that ethnophilosophy is no philosophy at all because it remains indifferent toward individually critical, that is, typically philosophical, approaches. Related debates touch upon fundamental questions concerning the meaning of "collective thinking" or the nature of philosophy as such.3However subtle the points may be that emerge from these discussions, for the outside observer ethnophilosophy appears to be a kind of anthropology (whose premises it continues to share) with an incorporated interest in metaphysical questions. Its opposite is "conventional" Western philosophy, which persistently explores truth with the help of a single, individual mind, aiming at the crystallization of a truth relevant for everybody. What matters for ethnophilosophy is the truth brought forward by a certain way of life of a group of people that can be found on the "inside" of a culture and that can exist independently of any considerations of those things that exist on the outside. Ethnophilosophy is radical in the sense that it not only aims to reestablish, through its opposition to the all-intruding "international" philosophy, its own philosophy within the borders of a certain nation; going much further than many of today's opponents of globalization would dare to go, ethnophilosophy thinks of philosophy... (shrink)

This paper offers a new argument for compatibilism about moral responsibility by drawing attention to some overlooked implications of incompatibilism. More specifically, I argue that incompatibilists are committed to some unsavory claims about pairs of agents in deterministic worlds. These include comparative claims about moral responsibility, blameworthiness, desert, punishment, and the fittingness of reactive attitudes. I argue that we have good reasons to reject such comparisons because they fail to account for key differences between deterministic agents. This (...) provides us with reason to embrace compatibilism and reject incompatibilism. (shrink)

Owen Flanagan's The Bodhisattva's Brain represents an ambitious foray into cross-cultural neurophilosophy, making a compelling, though not entirely unproblematic, case for naturalizing Buddhist philosophy. While the naturalist account of mental causation challenges certain Buddhist views about the mind, the Buddhist analysis of mind and mental phenomena is far more complex than the book suggests. Flanagan is right to criticize the Buddhist claim that there could be mental states that are not reducible to their neural correlates; however, when the mental states (...) in question reflect the embodied patterns of moral conduct that characterize the Buddhist way of being-in-the-world, an account of their intentional and normative status becomes indispensable. It is precisely this synthesis of normativity and causal explanation that makes Buddhism special, and opens new avenues for enhancing, refining, and expanding the range of arguments and possibilities that comparative neurophilosophy can entertain. (shrink)

The author's concept of incommensurability is explicated by elaborating the claim that some terms essential to the formulation of older theories defy translation into the language of more recent ones. Defense of this claim rests on the distinction between interpreting a theory in a later language and translating the theory into it. The former is both possible and essential, the latter neither. The interpretation/translation distinction is then applied to Kitcher's critique of incommensurability and Quine's conception of a translation manual, both (...) of which take reference-preservation as the sole semantic criterion of translational adequacy. The paper concludes by enquiring about the additional criteria a successful translation must satisfy. (shrink)

Recent research, especially with functional brain imaging, demonstrated cases where the administration of a placebo produces objective effects in tissues that are indistinguishable from those of the real therapeutic agents. This phenomenon has been shown in treatments of pain, depression, Parkinsonism, and more. The main ethical complaint against placebo treatment is that it is a kind of deception, where supposedly we substitute what works just psychologically for a real drug that actually works on the tissue level. We claim that the (...) scientific findings bring to a new level the seeming deconstruction of the distinction between “placebo” and “real” drugs, and that instances of placebo treatment which fulfill this criterion should be recognized as a unique category—we call it “comparable placebo treatment” (CPT). The paper uses an analysis of the notion of deception to argue that CPT does not amount to deception; that it can preserve patient autonomy; and that it is therefore morally legitimate. (shrink)

In "The Value of Vagueness," Timothy Endicott argues that vague law can be better than precise law. I think he is in many respects correct, but will suggest that we modify and supplement his framework in order to get a firmer grip on what I call the Lawmakers' Challenge: the scenario in which lawmakers find themselves when they must determine whether the consequences of precision are worse than the consequences of vagueness. This will allow us to identify several points of (...) actual and possible disagreement regarding the value of vagueness for law, each of which could affect Endicott's claim that vagueness is sometimes preferable to precision. The framework will also allow us to compare positions that seem - on the face of it - hard to compare, due to the fact that they rest on different theories of value and/or different theories of law. (shrink)

This essay challenges the claim that fusion philosophy is the successor to comparative philosophy. Comparative philosophy should find itself deeply at odds with the approach to various philosophical problems and traditions that fusion philosophy is taking, and comparative philosophers will surely deny Mark Siderits’1 claim that they have been superseded. The manner then in which fusion philosophy dismisses comparativist concerns and objections is to admit that such objections are valid in some case but to deny that they (...) are intrinsic to good fusion philosophy. Comparativists however generally do not claim that fusion philosophy is necessarily or inherently bound to make the mistakes and contribute to misunderstandings that they claim it often does. Their claim is that from the start such philosophy often does make just these kinds of problematic errors and assumptions, and that this is what comparativist philosophy must seek to avoid. By the time fusionists are done defending – actually 'sanitizing' – fusion philosophy from comparativist objections, one is left not with fusion philosophy but with what is – from the comparativist perspective – comparative philosophy. There is no succession from comparative philosophy to fusion philosophy and no segue from one to the other. (shrink)

Barresi & Moore (B&M) provide a useful tool for the comparative study of social cognition that could, however, be improved by more subtle analysis of first person information about intentional relations. Knowledge of misrepresentation also needs to be better handled within the theory. I urge skepticism about B&M's sweeping phylogenetic claims.

Over the course of the past few decades, comparative political theory has acquired a measure of institutional legitimacy and intellectual recognition as part of the ongoing, interdisciplinary challenge to prevailing academic categories, coordinates, and borders. This arrival has been accompanied by a conspicuous focus on methodology both by those who claim the mantle of comparative political theory and those who reject it. The following reflections read this focus symptomatically, as revealing intellectual, institutional, and professional exigencies rather than as (...) distinct to any particular scholar, argument, or publication. Neither a “state of the field” nor a proprietary defense of what comparative political theory is or should be, these observations toggle back and forth between reflections on my own engagement and disengagement with the topic of comparative political theory on the one hand and, on the other, concerns about how this preoccupation with method simultaneously expresses and exacerbates the displacement of politics in the very field that aims to understand it. Among the questions I raise are: What might be driving this disproportionate focus on methodological arguments in and about comparative political theory? What are the stakes of such a focus, particularly for younger scholars in political science departments decreasingly hospitable to political theory? Finally, what does this augur for the future of the study of politics broadly understood within disciplines dedicated to the scientific study of human behavior? (shrink)

As an application of his Material Theory of Induction, Norton (2018; manuscript) argues that the correct inductive logic for a fair infinite lottery, and also for evaluating eternal inflation multiverse models, is radically different from standard probability theory. This is due to a requirement of label independence. It follows, Norton argues, that finite additivity fails, and any two sets of outcomes with the same cardinality and co-cardinality have the same chance. This makes the logic useless for evaluating multiverse models based (...) on self-locating chances, so Norton claims that we should despair of such attempts. However, his negative results depend on a certain reification of chance, consisting in the treatment of inductive support as the value of a function, a value not itself affected by relabeling. Here we define a purely comparative infinite lottery logic, where there are no primitive chances but only a relation of ‘at most as likely’ and its derivatives. This logic satisfies both label independence and a comparative version of additivity as well as several other desirable properties, and it draws finer distinctions between events than Norton's. Consequently, it yields better advice about choosing between sets of lottery tickets than Norton's, but it does not appear to be any more helpful for evaluating multiverse models. Hence, the limitations of Norton's logic are not entirely due to the failure of additivity, nor to the fact that all infinite, co-infinite sets of outcomes have the same chance, but to a more fundamental problem: We have no well-motivated way of comparing disjoint countably infinite sets. (shrink)

In this paper I criticize the standard argument for deontological egalitarianism, understood as the thesis that there is a moral claim to have an equal share of well-being or whatever other good counts. That argument is based on the idea that equals should be treated equally. I connect the debate over egalitarianism with that over comparative justice. A common theme is a general skepticism against comparative claims. I argue (i) that there can be no claim to equality (...) based simply on the fact of equal worth as that fact itself does not have any value for the supposed claim holder; and (ii) intuitions that suggest otherwise can be explained away without appealing to comparative claims. (shrink)

This paper argues for the validity of inferences that take the form of: A is more X than B; therefore A and B are both X. After considering representative counterexamples, it is claimed that these inferences are valid if and only if the comparative terms in the inference are taken from no more than one comparative set, where a comparative set is understood to be comprised of a positive, comparative, and superlative, represented as {X, more X (...) than, most X}. In all instances where arguments appearing to be of this form are invalid, it is the case that the argument has fallaciously taken terms from more than one comparative set. The fallacy of appealing to more than one comparative set in an inference involving comparative terms is shown to be analogous to the fallacy of equivocation in argumentation. The paper concludes by suggesting a conflation of logical issues with grammatical issues is the core difficulty leading some to consider inferences in the form of A is more X than B; therefore A and B are X to be invalid. (shrink)

The House of Lords majority decision in Matthews v. Kent and Medway Towns Fire Authority overturns the narrow interpretation given to key aspects of the Part-Time Workers (Protection of Less Favourable Treatment) Regulations’ core comparator mechanism in the lower tribunals and the Court of Appeal. It is a contextually astute judgment, which recognises the reductionist implications of an overly narrow approach to establishing comparability for the purposes of a less favourable treatment claim on the grounds of part-time work. The positive (...) aspect of this decision remains overshadowed, however, by the fact that this interpretation provides little consolation to the large majority of part-time women workers whose disadvantage and inequality remains outside the scope of the Regulations’ protection. (shrink)

The ability to evaluate scientific claims made in various media sources is a critical component of scientific literacy. This study compares how a group of 12th grade students and a group of specialists, including scientists and policy analysts with expertise in global warming, evaluated an editorial about global warming published by an oil company on the World Wide Web. Participants were asked to read the editorial and were asked a set of interview questions about it. Examples from the specialists’ (...) interviews indicate the kinds of responses that are possible with in-depth scientific knowledge. In comparison, although some examples from the students’interviews illustrate competent performance for a nonexpert, other student responses illustrate possible pitfalls. The approach of the present study affords a constructive route for formulating goals for scientific literacy. The approach permits identifying examples of students evaluating scientific claims in more or less competent ways—claims that are in the context of an important socioscientific issue and an actual media source. (shrink)

Qutayba ibn Muslim al-Bāhilī is one of the leading soldier-bureaucrats of the Umayyads period. During the time he served as the governor of Khurāsān, he consolidated the Umayyad’s rule in Tokharistan and Transoxiana provinces, and expanded the borders of the state to China by conquering the Kashgar region. His activities for conversion of the people of the conquered regions have great importance in the history of Islam since the intense relations of the Turkish people with Islam fell upon the time (...) of his governorship. It is possible to argue that by introducing the religion to these people Qutayba had played an important role in their conversion to Islam. It is also known that he had sent a delegation to the emperor of China for the same purpose. However, despite all his achievements, it is seen that the academic studies about Qutayba in our country are very rare. Besides, some of the recent studies about him claim that he was a fraud, a trickster, and an untrustworthy person in his military activities; and had committed mass murders and massacres, persecuted innocent people, destroyed and burned the cities of conquered lands. In this article, it is examined that whether these claims and accusations have their justifications or not by consulting the main sources. In fact, what is expected from constructive criticism in this subject and every other area is to clarify the matter and make it more comprehensible of its context. However, it should not be forgotten that some conclusions over Qutayba in these studies might have been drawn to quickly in order to manipulate the conquest movements of the Umayyad period.Summary: The religious interaction and change taken place in the Arabian Peninsula with the emergence of Islam and with the political, military and cultural activities of the Muslims performed during the periods of Prophet Muhammad and the Rāshidūn (rightly guided) Caliphs had significant effects upon the lands of Iraq, Syria, Egypt and Khurāsān where the ancient civilizations located.The success made by the Muslim-Arabs in such a short time is accepted of course as one of the important events of world history. The message of Islam spread rapidly with their extraordinary efforts, and reached quickly in the early days of Islam to the Amu Darya/Oxus River, which is considered to be the natural border between the Iranians and the Turks (Iran and Turan).Although the Turks who had been struggling to dominate the region for centuries gained an opportunity with the disappearance of the Sasanian Empire from history, they could not take advantage of this new situation because of their lack of political unity and a strong state, and the power held by the regional Turkish Sultans were not enough to make their dominance happen. In this conjuncture, the Muslim-Arabs who appeared in the stage of history in a relatively late period but had the ideal of being a regional and a global power had rapidly realised their political and military activities called “conquest” in the Islamic historical sources. When it comes to the period of Caliph ʿUthmān, it is seen that the conditions were very suitable for passing to the east of the Oxus River where the Turkish elements lived intensively. At the time, the absence of a strong Turkish state in the region, and China’s occupation with its own internal problems made an important contribution for the Muslim-Arab capture of the region. In this region, which is called as “Transoxiana” in the Arabic sources, it is seen that the Turks organized their political structures as city-states and regional sultanates. In the north-eastern parts of this region, there was a strong Turkish State called the Turgish State and it provided political and military support to the people of the region who rebelled occasionally the Umayyads.After solving the internal problems of the state largely and suppressing some dangerous revolts, the Umayyad Caliph ʿAbd al-Malik ibn Marwān became capable of initiating military activities beyond the borders of the state. Nevertheless, the period when the actual conquests were made was the period of his son Walīd (86/705-96/715). It is seen that the conquests made in his time were permanent, and the people who lived in the conquered lands accepted Islam to a large extent. The conquest made during Walīd’s time which extended from Kashgar to the Pyrenees, realised at an unprecedented pace. The most important name for the eastern side of the conquests is undoubtedly Al-Ḥajjāj ibn Yūsuf. Ḥajjāj (75/694-95/714) who acted as the supreme governor of Iraq for nearly twenty years, had achieved important successes in the regions of Transoxiana and Sindh located in the eastern part of the country by the hands of his appointed governors. However, many governors appointed by him to Khurāsān from 75/694 to 86/705 with the hope of reaching his goals in the east could not meet his expectations because of the political, social and economic problems that existed throughout the country, and because of the resulting rebellions in the regions that these problems caused.These unwanted conditions continued to be seen in the region until he appointed Qutayba ibn Muslim as the governor of Khurāsān (86 / 705-96 / 715) who was one of the young commanders and administrators educated by Ḥajjāj personally. Qutayba known as having a close relationship with Ḥajjāj and consulting him when taking important decisions acted in this direction throughout the time he stayed in this position.It is known that the internal conflicts in the region continued during the time when Qutayba was appointed as the governor of Khurāsān. However, he had brought together northern and southern Arabian tribes living in the region with religious, political and economical suggestions and had succeeded in persuading them for military activities that he decided to operate beyond the Oxus. For the Umayyads, these military operations were justified, because the regional sultans who ruled in the western and eastern sides of the Oxus repeatedly violated the agreements they had made before. The tendency of the people of Turkic, Iranian, and Tajik origin who were the real owner of these lands and lived in both sides of the rich Oxus basin for many centuries to violate these agreements was in fact result of a great concern. They now realized that the Muslim-Arabs who followed a systematic settlement policy in the region came to their lands this time without any intention of going back. Even though Qutayba followed a fair and reasonable policy towards them, they violated their agreements with him, formed alliances among themselves and waged military campaigns against Qutayba not to be the subjects of any change in their religion, worldview, and perception of existence.Qutayba, who is believed to have spent his its utmost efforts to make the religion of Islam and the Umayyad political cause permanent in the region under these unfavourable conditions, has been recently criticized by some researchers. The criticisms intensify around the claims that he persecuted people, committed massacres, and behaved unfaithfully by breaking his promises that he made with people. From the perspective of our own times, it is possible to think that sometimes he had taken extreme measures in punishing the sultans and the persons who raised armed struggles against him and caused riots by violating the agreements. However, when the period is compared with the others, it can be easily said that the Umayyads showed in these and other remote areas a considerable amount of tolerance that they had never shown it in their internal conflicts. It is a known fact that he generally clashed with the ones who disrupted agreements, sought help from external forces, established alliances against them, and refused to pay taxes. Based on historical sources, it does not seem to be possible to say that while doing these activities in the region, Qutabya did not behave entirely in a way that his behaviour could be classified as massacres committed against innocent civilians. On the contrary, it is known that Qutayba had given many chances to the people of the region in administrative and military affairs. As a matter of fact, he ruled the city of Bukhara for 20 years with a Turkish ruler whom he appointed and supported, and he included in his army a union of twenty thousand cosmopolitan soldiers assembled from the people of Bukhara, Baykend, Chach and Samarkand and paid a regular salary to them.The fact that his grave known as the “Imam Shaykh Qutayba Tomb” was turned later into a shrine and visited by the people even today despite the passage of long centuries after his death shows that he has been loved by the people of the region and that they have always considered him as a conqueror-bureaucrat who spent his life for the ideals of his religion. (shrink)

Sydney Shoemaker has reconciled a broadly functionalist and materialist conception of the mind with what he calls “the common-sense view‘ of the inverted spectrum. This paper explores Shoemaker’s articulation and defence of the common sense view, and the conception of the content of qualitative experience the lies behind it. It examines the Frege-Schlick view, and a counterargument that Shoemaker uses to raise a prima facie problem for the view he is defending. It is argued that when Shoemaker’s account of qualia (...) is developed in response to the paradox, it loses its intuitive appeal and its claim on the label “common-sense view‘. (shrink)

In this article I discuss the justification of scientific change and argue that it rests on different sorts of invariance. Against this background I consider notions of observation, meaning, and regulative standards. I sketch an account of the rationale of scientific change which preserves the merits and avoids the shortcomings of the approach of Feyerabend, Hanson, Kuhn, Toulmin, and others. Each of these writers would hold that transitions from one scientific tradition to another force radical changes in what is observed, (...) in the meanings of the terms employed, and in the metastandards involved. They would claim that "incommensurable" replacement is what does, and should, occur during scientific "revolutions." Such writers, however, have trouble in comparing different scientific theories. My account permits different theories to be compared in various ways. These comparisons, I argue, are possible through appeal to "first-level" and "second-level" invariance. In this connection I argue that observation, meaning, and regulative standards should be, and in fact usually are, nontrivially invariant with respect to scientific change. (shrink)

In the recent book The Geometry of Desert, Shelly Kagan explores, with a rare degree of precision, how best to cash out two fundamental and widely shared intuitions. The first intuition says that virtuous people deserve to be doing well, and that less virtuous people deserve to be doing less well – and thus, that it’s good if virtuous people are doing well and if less virtuous people are doing less well. The second intuition says that the distribution of the (...) satisfaction of people’s desert claims across persons matters: that it’s good if people’s desert claims are satisfied in accordance with the demands of interpersonal fairness. The former intuition states the basis of what Kagan calls ‘absolute desert’. The latter articulates the basis of what he calls ‘comparative desert’. I advance an internal critique of Kagan’s conception of comparative desert; I argue that it contravenes the demands of interpersonal fairness in the domain of desert, and so fails on its own terms. (shrink)

Contextualists about knowledge ascriptions perceive an analogy between the semantics they posit for “know(s)” and the semantics of comparative terms like “tall” and “flat”. Jason Stanley has recently raised a number of objections to this view. This paper offers a response by way of an alternative analogy with modified comparatives, which resolves most of Stanley’s objections. Rather than being ad hoc, this new analogy in fact fits better with platitudes about knowledge and facilitates a better understanding of the semantics (...) of gradability, such that an explanation of most of Stanley’s disanalogies becomes available. In addition, I argue that there are reasons to doubt Stanley’s claim that “knows(s)” cannot switch its content within a discourse, due to what may happen when we ascribe knowledge of more than one proposition. (shrink)

The vision and mission statements of 24 environmental organisations were analysed under the premise that the language used in these statements reflects and influences the priorities of their operation. A dominant perspective, hinging on the concept of 'sustainable development', merged the profile of government agencies and non-governmental groups. The language reflected an utilitarian ethics: the environment was more generally portrayed as resources than as nature. Aesthetic remarks were exceptional, even among groups focusing on wildlife. Despite a broadly claimed link between (...) human welfare and habitat viability, environmental issues were not broadly referred to by humanitarian organisations, while conservation groups comply with societal priorities and needs. Organisational statements seem more concerned about political legitimation by audiences with specific expectations than about articulating purposes with internal structural consequences or goals that advocate change or reflect organisational uniqueness. (shrink)

Many of the most influential theorists of linguistic justice make arguments on the basis of comparisons between language and religion. They claim either that (1) language, by contrast with religion, cannot be separated from the state or that (2) unequal official linguistic recognition, just like unequal official religious recognition, is morally problematic. This article argues that careful attention to debates about liberalism and the place of religion in public life invites us to question the two above-mentioned liberal assumptions about religion (...) underlying many arguments concerning linguistic justice based on (dis)analogies between language and religion. The hope is that such critical scrutiny is likely to shed some light on normative questions of linguistic justice, more precisely on questions about the legitimacy of granting more recognition to certain languages, usually those of national native groups (as opposed to groups resulting from more or less recent immigration). (shrink)

Stanley Cavell's unique contributions to the study of epistemology, ethics, aesthetics, film, Shakespeare, and American philosophy have all received wide acclaim. But there has been relatively little recognition of the pertinence of Cavell's work to our understanding of political philosophy. The Claim to Community fills this gap with essays from a wide range of prominent American, English, French, and Italian philosophers and political theorists, as well as a lengthy response to the essays by Cavell himself. The topics covered include Cavell's (...) understanding of political community, philosophical anthropology, moral perfectionism, the positivist distinction between fact and value, political friendship, the differences between political and aesthetic disagreement, political romanticism, “the pursuit of happiness,” tragedy, and race. There are also evaluations of the ways Cavell's positions on these and other matters compare with those of Plato, Aristotle, Montaigne, Kant, John Stuart Mill, Thoreau, Nietzsche, Michel Foucault, Hannah Arendt, Carl Schmitt, Peter Winch, Wittgenstein, and Fred Astaire. This volume will be of great interest to political theorists and political philosophers, as well as to students of literature and film. (shrink)

In this paper, I discuss the legitimacy of using the term “to know” in morality and I develop an approach based on Kantian morality. In my analysis, I take the notion “to know” in the sense that Timothy Williamson does. That is to say, I regard it in opposition to the perspectives that claim “knowledge is jus-tified true belief”. Therefore, in the first part, I briefly introduce “knowledge first epistemology”. In the second part, I build a perspective pointing to the (...) strong correlation between acting and knowing. After that, I provide an analysis of Kantian morality in connection with my discussion. I show how Kant argues for a lawful certainty in morality that allows us to use the verb “know” (in the sense that is evaluated in the first part of this paper). In the next part, I comment on the un-analyzability of knowing in the practical sphere with reference to free will. In my conclusion, upon a general review of the paper, I introduce very briefly an alternative epistemology from Islamic thought regarding the theoreti-cal and practical sphere distinctions. (shrink)

In this paper, we analyse the fruitfulness of Ronald Giere’s comparative model for causation in populations. While the original model was primarily developed to capture the meaning of causal claims in the biomedical and health sciences, we want to show that the model is not only useful in these domains, but can also fruitfully be applied to other scientific domains. Specifically, we demonstrate that the model is fruitful for characterizing the meaning of causal claims found in classical (...) genetics, epidemiology and electoral sociology. Additionally, we propose an adapted comparative model which is needed to get a grip on higher level causal claims. We show that such claims are present in population genetics, epidemiology and electoral systems research. We conclude with some reflections on the implications of our findings for the issue of causal pluralism. (shrink)

This article attempts to compare the theories of life between Søren Kierkegaard and Feng Youlan. It will focus specifically on the identity of the self in Kierkegaard's “stages of life” and Feng's “realms of life” (rensheng jingjie 人生境界). Whereas Kierkegaard subscribes doctrinally to the Christian understanding of the self and claims that the highest stage of life is achievable only for the God-centered self, Feng draws his insights from the Confucian, Daoist, and Buddhist traditions, which, by imposing human values (...) onto the universe, runs the danger of rendering the self the very center of the “great whole” (daquan 大全). Moving beyond a descriptive comparison, I will argue that the Kierkegaardian stage theory includes a critique of Feng's realm doctrine, the latter appearing to be overly idealistic, missing the dark side of the human essence so succinctly pointed out by former and, consequently, falls short of offering a more realistic description of the self. (shrink)

_Taking Religious Claims Seriously_ is a systematic, critical, and comprehensive study of the fundamental questions of the philosophy of religion: religious experience, the existence and nature of God, religious knowledge and truth, good and evil, immortality of the soul, religious diversity, religious claims about the person, faith, and the religious way of life. In this study the author seeks to capture the reality and meaning of the religious as such: What is the foundation of religion? Under what conditions (...) is an authentic religious way of life possible? His method of inquiry is phenomenological. The author begins his discussion with a general characterization of the basic features of all the literate and illiterate religions of the world. He then identifies the ideas, beliefs, and concerns which are common to these religions: What are the central claims of these religions? How did the various religions understand these claims? The author makes a serious attempt to clarify these claims and explore the possibility for a reconcilation between them. For him, the foundation of religion is the religious experience, and the essence of this experience consists in a serious, cognitive, and meaningful encounter with the Ultimate Being. This being is the ground of the world and human life. This book is a comparative, pluralistic study of the philosophy of religion. (shrink)

When we make public policy choices, is it helpful to know how utopia would look? Amartya Sen argues that it is neither necessary, nor sufficient, nor even contributory. He claims that before making a policy choice one should compare several feasible institutional designs to see which promotes justice most, and that it is misleading to use the perfect design as a standard in those comparisons. Principles of justice are the proper standard. The present article contends that the perfect design (...) has nevertheless an important role to play in the prior task of identifying and refining our principles of justice. It also shows that the perfect design—in at least one sense of this term—may be a legitimate long-term goal for present policy choices. (shrink)

Among the different approaches to comparative tax law the one adopted here views comparative taxation as a descriptive tool conducive to tax design, a tax policy approach grounded in an evolutionary concept of tax change. Comparative taxation should be based on the functions of tax rules, with the goal of identifying similarities and differences between domestic tax systems, and should indicate potential alternative solutions to common policy issues by looking at how the basic elements of tax law-in-action (...) interact. The Article develops a theoretical framework for comparative tax research and uses examples drawn from a comparative study on the General Anti-Avoidance Rule in Canada and China, thus endeavouring to provide a crosscultural inquiry into tax transplants across the divide of Western and non-Western legal traditions. It is claimed here that a common model of tax systems should be adopted for the purpose of comparing them, and that legal theory is needed to pursue this task. The use of legal theory as a critique of municipal tax ideas is discussed in Part I, while Parts II and III deal with how legal theory can be used to describe the structure and evolution of tax systems by relying on concepts of legal hierarchies and chains of productions of tax rules. Part IV concludes with practical applications of legal theory in comparative tax research in respect to tax transplants and tax design issues by providing an explanatory framework of General Anti-Avoidance Rules in Canada and China. (shrink)

One of the many senses of the word spirituality—surely one of the vaguest words in the modern English language—is that of a special quality of life, a sublime fulfillment that somehow transcends the vicissitudes of fortune. According to this sense, spiritual people experience life as having such abundance of value or meaning that they can endure great hardship and tragedy without coming to despair. This abiding fullness and the equanimity it provides are perhaps the greatest prize of the spiritual life.Spiritual (...) fulfillment was once claimed as the special reward of religion, but no longer. In late modernity "spiritual but not religious" has become a commonplace self-description, and presumably this concept of .. (shrink)

Smooha argues that Joppke's thesis in his paper on comparative citizenship in Europe—there is no restrictive turn in citizenship and immigration laws and practices in Europe—is questionable. This is true not only for the pre-enlargement 15 EU countries during the years 1980-2006 under Joppke's study, but also for the post-enlargement 27 EU countries. When the time range is broadened to the post-1945 period, it is clear that the historical trend of liberalization has come to an end in Europe and (...) this is in spite of Europe's dire need of immigrants and the great desire of non-Europeans to immigrate to Europe. Europe is particularly fearful of Moslems, Arab Moslems, and Black Africans. Nevertheless, the comparison between Israel and the EU countries can put the discussion on Europe in perspective. Israel can be representative of non-European countries that claim to be Western or European countries that are latecomers to the West. When these countries are compared to the 15 EU countries, as described and analyzed by Joppke, it is evident that the EU core is liberal and Israel and non-core European countries are not liberal in their laws and practices. EU laws on immigration and naturalization are motivated only partially by ethnicity while those of other countries are more shaped by ethnic considerations and those of Israel are mainly determined by ethnicity and ethnicity-based fear. According to Smooha the EU might move in Israel's highly restrictive direction when it feels that its Western civilization, national cultures, and internal security are more significantly and increasingly threatened by non-European immigrants and their descendants. (shrink)