Limited research has focused on the influence of judge independence on firms' corporate social responsibility (CSR), despite extensive literature examining the impact of the legal environment on CSR. To address this gap, we analyze the staggered adoption of judicial delocalization reform in China. This reform aimed to enhance local judges' independence and our analysis shows that firms have exhibited higher CSR scores since its implementation. Our channel analysis reveals an increase in lawsuits and monetary claims against firms (...) due to the reform, indicating that firms engage in CSR activities to mitigate the negative effects of legal proceedings. The impact of the reform on CSR is stronger for high-litigation-risk firms and weaker for politically connected firms. Moreover, the positive relationship between the reform and CSR is more pronounced in regions with higher levels of government interference with judges before the reform. In summary, our findings highlight the important role of a supportive legal environment in fostering CSR, emphasizing the influence of judge independence. (shrink)

The author of the article analyzes the constitutional doctrine of the dismissal of a judge from office upon the expiration of the term of powers. The author discusses the guarantees of the independence of courts and judges, one of which is the guarantee of the inviolability of the length of powers of judges. The previously valid Law on Courts used to provide that the President of the Republic could appoint a person as a judge of a local (...) court when such an appointment is made for the first time, for a five-year term, and that upon the expiration of the five-year term, the President of the Republic could appoint such a person as a judge of a local court without examination or selection until the person reaches the age of 65. Under the Law on Courts valid at present, judges of all courts are appointed at once for the term until they reach 65 years of age. It is asserted in the article that the Constitution of the Republic of Lithuania has not established the right of a person, who was for the first time appointed as a judge of a local court for a five-year term, to be appointed as a judge until he reaches 65 years of age. (shrink)

Recently adopted international texts have given a new focus on conflicts of interests and access to information resulting from biomedical research. They confirmed ethical review committees as a central point to guarantee individual rights and the effective application of ethical principles. Therefore specific attention should be paid in giving such committees all the facilities necessary to keep them independent and qualified.

We examine the relationship between birth order and reproductive behaviors in a sample of Australian residents, accounting for personality, personal achievements, and family structure. Using generalized linear models and survival analyses we build predictive models for each reproductive measure and test those models on an independent data subset. Compared with functional firstborns (middle-borns more than 5 years younger than their next older sibling), male middle-borns and last-born females had younger ages of first sexual intercourse, and middle-born females had a younger (...) age at first pregnancy. There was no difference in females’ age at first birth. Male middle-borns tended to have an older average age at first birth. Controlling for age, both male and female middle-borns had fewer children. Overall, middle-borns differ more from functional firstborns than do last-borns. Given the significant but small effect sizes demonstrated in this study, we suggest that developmental characteristics that may facilitate middle-borns’ success within the natal family carry slight fitness costs during the reproductive years. (shrink)

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of (...) a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

The only reliable remedy against anxiety is information, and reliable information and news are of crucial value in times of crises, such as COVID-19. Contemporary social media offers almost everyone a platform to publish one’s own thoughts, opinions, political statements and others, some of which may gain significant interest of others and thereby become so called “influencers”. This role has in the past been held by news agencies primarily, but this role is increasingly adopted also by private people and among (...) them, also some who do not necessarily adhere the high standards of good journalism or scientific ethics. These give rise to fake news, spreading as unconfirmed rumors and possibly causing dramatic impacts to a society. With information available almost everywhere in the internet today, the distinction between good and bad sources has become a challenge, and highly difficult task. Even more intricate is the question of verifying information against multiple independent sources. If many people say something, does this make it true or any more plausible? Do we need to trust information in lack of better information? Is it possible to judge information and make our own opinion about its validity, quality, relevance or usefulness for our own business? This article shall provide pointers towards answers to the above questions. We discuss some technical means of judging the quality of information and what anyone, even without much technical background can do to avoid falling victim to fake information and fake news. (shrink)

Philosophical theories of causation are commonly judged by their ability to correctly determine whether there is a causal relation present in intuitively clear example scenarios. If the theories survive this test, they are then used to answer big philosophical questions about causation. This Method of Examples is attractive because it seems to allow us to determine the quality of a theory of causation independently of answering the big philosophical questions; which is good, since it means that we can then non-circularly (...) use the theories judged to be best to answer those questions. However, the current article argues that this virtue of the Method of Examples is an illusion. In particular, I argue that the necessary step of judging whether a proposed analysis of causation is reductive can only be taken after many of the most vexing philosophical questions about causation have already been answered. It is then shown that a rejection of the methodological supremacy of the Method of Examples leads to a more pluralistic method of judging theories of causation, a pluralism that benefits non-standard approaches like interventionism and agency theories. (shrink)

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of individuals (...) to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law. (shrink)

This paper reviews the claim that certain predicates, including what are called predicates of personal taste, have a sometimes-hidden element for a judge or experiencer. This claim was advanced in my own earlier work, as well as a number of other papers. My main goal here is to review some of the arguments in favor of this claim, and along the way, to present some of my earlier unpublished work on the matter. In much of the earlier literature, this claim (...) was part of a debate between relativists, contextualists, and others about the semantics of ‘subjective’ or ‘perspectival’ predicates. I shall argue here that these issues are independent. Whether we opt for experiencer or judge parameters is independent of whether we prefer relativist semantics to any other kind. (shrink)

The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model (...) court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system. (shrink)

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform (...) Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary. (shrink)

In the latter half of the twentieth century, philosophers of science have argued (implicitly and explicitly) that epistemically rational individuals might compose epistemically irrational groups and that, conversely, epistemically rational groups might be composed of epistemically irrational individuals. We call the conjunction of these two claims the Independence Thesis, as they together imply that methodological prescriptions for scientific communities and those for individual scientists might be logically independent of one another. We develop a formal model of scientific inquiry, define (...) four criteria for individual and group epistemic rationality, and then prove that the four definitions diverge, in the sense that individuals will be judged rational when groups are not and vice versa. We conclude by explaining implications of the inconsistency thesis for (i) descriptive history and sociology of science and (ii) normative prescriptions for scientific communities. (shrink)

Many hope that our values, purged of messy human contingency, could aspire to correspond with mind-independent, rationally obligatory, and eternal ethical facts. But if the arguments of this thesis are on the right track, we should reject the search for non-natural and mind-independent moral truths.

The concepts of judicial independence and the separation of powers are used more as terms of political rhetoric than legal concepts in the British constitution. Responsible government significantly merges the executive and the legislative while parliamentary sovereignty has meant that judicial independence has had a peculiar British meaning, rarely unpacked. In practice, in England, (and presumably in the other UK jurisdictions), individual judges are accorded a high degree of independence, while there is no effective independence (...) of the judiciary collectively as a branch of government. This article then asks what impact current constitutional changes will have on this state of affairs. Adherence to the EU, the growth of judicial review and other factors have already had an important impact; devolution, the Human Rights Act and the reform of the House of Lords may have impacts that will be different in both quality and degree. Coupled with other political changes the end result may well be a more effective separation of powers and more real independence for the judges as a branch of government; but that in turn may call for more open and meaningful democratic control over the appointment of judges. (shrink)

The ombudsman tradition originated in Sweden in 1809 and has spread throughout the world in less than two hundred years. An ombudsman is a public official that offers people an opportunity to have their complaints heard, evaluated, and investigated by a neutral and independent body, and offers recommendations to the involved parties. The ombudsman plays an important role in strengthening democratic governance, rule of law, and civil society. Article 73 of the Constitution of the Republic of Lithuania establishes that: ‘The (...) Seimas controllers shall examine complaints of citizens concerning the abuse of powers by, or bureaucratic intransigence of, State and municipal officials (with the exception of judges). They shall have the right to submit a motion before a court that the guilty officials be dismissed from office. The powers of the Seimas controllers shall be established by law. If necessary, the Seimas shall also establish other institutions of control. Their system and powers shall be established by law.’. (shrink)

Article III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the (...) Dutch period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review. (shrink)

Western feminists, physicians, and ethicists condemn the traditional genital surgeries performed on women in some non‐Western cultures. But coming to moral judgment is not the end of the story; we must also decide what to do about our judgments. We must learn to work respectfully with, not independently of, local resources for cultural self‐examination and change.

Judges in Street Clothes provides an historical, theoretical, and practical analysis of the ethical restrictions placed on the public lives of judges. The State’s interest in maintaining an independent and impartial judiciary is considered against a judge’s right to engage in educational, religious, charitable, civic, and professional activities.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant and the Capacity to Judge; Sensibility and Discursivity in the Transcendental Analytic of the Critique of Pure Reason by Beatrice LonguenesseMichelle GreerBeatrice Longuenesse. Kant and the Capacity to Judge; Sensibility and Discursivity in the Transcendental Analytic of the Critique of Pure Reason. Translation by Charles T. Wolfe. Princeton, NJ: Princeton University Press, 1998. Pp. xv + 420. Cloth, $59.50.Kant and the Capacity to Judge is a translation (...) of Longuenesse’s Kant et Pouvoir de juger, although Longuenesse has revised and added to the original version. The central argument seeks to demonstrate the essential role played by the logical forms of judgment in the arguments of Kant’s first Critique. Longuenesse emphasizes straight away Kant’s efforts (in the Metaphysical Deduction) to deduce a set of pure concepts from the logical forms of judgment. Against many standard readings, she aims to reveal the very “tight” connection between this attempt and subsequent arguments in the Transcendental [End Page 372] Analytic. That Kant takes the functions of judgment to be relevant to these arguments is hardly a novel claim. The originality of Longuenesse’s work, however, stems both from the central and pervasive role she assigns to the logical forms of judgment, and from the impressive, painstaking effort she makes to sustain the close connection between these forms and Kant’s subsequent arguments. According to Longuenesse, any proper understanding of the arguments of the Transcendental Analytic absolutely depends upon relating these “down to the minutest details of their proofs,” to the role of the logical forms (5).These minute details do not escape Longuenesse in her subsequent elaboration on this original thesis. Given the length and detail of her work, I can only highlight a few of the central points and strategies. One should note from the outset, however, that the detail and the scholarship evinced to support her claims constitute much of what is of value in the book. Many of these “supporting arguments” and discussions, which include efforts to trace Kantian conceptions back to their historical/philosophical origins, stand in their own right as independent contributions to Kant scholarship and interpretation.The work is divided into three parts. The first part is essentially propaedeutic. Longuenesse begins by drawing a distinction between the potential or capacity to judge and judgement itself (i.e., the “actualization” of this judgmental capacity under [externally grounded] sensory stimulation) (7). Taking this distinction as her cue, Longuenesse seeks to reveal the way in which the line of argumentation in the transcendental analytic presents an extended investigation into the formal capacity (ibid). The centrality of the logical forms of judgment is secured early on by assigning them a substantive role in the very presentation of something in intuition “as” an “object.” Insofar as she assigns this role to the logical forms themselves, her account clearly undercuts the primary function of the categories in this regard. Relevant here is Longuenesse’s construal of “appearances” as the intentional correlates of our representational capacities and activities (cf. 20–21). Given this, the problem now motivating the transcendental deduction is how to make sense of the relation between this “internalized” object of (indeterminate) empirical intuition (the appearance) and the object corresponding to intuition which concepts allow one to think in a determinate way (the phenomenon). This ability to think the object in a determinate fashion appears to be the essential contribution made by judgement.These preliminary considerations ground Longuenesse’s efforts (in Part Two) to isolate and examine the discursive activity of judgment. Longuenesse stresses the reflective (and not simply the determinative) role of judgment and its forms. Indeed, she suggests that concepts (not merely empirical concepts, but also the pure concepts of the understanding themselves) are formed by reflecting (through acts of comparison, reflection, and abstraction) on the “sensible given.” Drawing extensively from the Logic, she interestingly argues that the form of judgment itself carries with it some inherent claim to objectivity. Thus, objectivity is folded into the formal activity of judging by being identified as a “normative propensity” inherent in every judgment by virtue of its form alone (87–88). Longuenesse accordingly eschews efforts to downplay the role of the logical use of the... (shrink)

This article reconsiders how to judge judicial independence by using the Japanese judicature, one of the allegedly-most dependent judiciary branches. In their influential work, Ramseyer and Rasmusen argue that judges who once belonged to a leftist group take longer to reach a under the long-term conservative rule of Japan. Their method does not, however, deal appropriately with the possibility of judges not reaching this position because the judge dies, retires early, or is still at the early stage (...) of her career. Ramseyer and Rasmusen also mistakenly assume that all judges will eventually obtain this position. This article develops a survival analysis model of judicial careers and attempts to solve the problems of censoring, left truncation, and split population. We also offer a way to utilize a matching procedure to estimate average treatment effects on censored time-to-event as well as event occurrence. We re-analyze a corrected version of Ramseyer and Rasmusen's data using their and our methods. One of the most important findings is that, contrary to what Ramseyer and Rasmusen argue, leftist judges are not discriminated against in terms of the timing of promotion. (shrink)

In the second volume of his Wissenschaftslehre from 1837, the Bohemian philosopher, theologian, and mathematician Bernard Bolzano introduced his concept of consequence, named derivability, together with a variety of theorems and further considerations. Derivability is an implication relation between sentences in themselves, which are not meant to be linguistic symbols but the contents of declarative sentences as well as of certain mental episodes. When Schmidt utters the sentence ‘Schnee ist weiß’, and Jones judges that snow is white, the sentence (...) in itself expressed by Schmidt is the same as the one to which Jones agrees in thought. This sentence in itself is an abstract entity: in some sense, it exists; but it is unreal insofar as it lacks a position in space and time, does not stand in causal relationships, and is independent of the existence of thinking beings and languages. (shrink)

Crafted within a knowledge-first epistemological framework, Mona Simion’s engaging and wide-ranging work ensures that both the Knowledge Norm of Assertion (KNA) and Classical Invariantism (CI) can be part of a viable and productive research program.Dissatisfied with current strategies on offer in the literature, she successfully counters objections to the pair sourced in “shiftiness intuitions”—intuitions that seem to indicate that mere changes in practical context can impact the propriety of assertions and knowledge attributions. For example, in Keith DeRose’s famous pair of (...) low stakes versus high stakes bank cases, the consequences of Keith’s acting on The bank is open on Saturday if it were false change from trivial in low stakes to catastrophic in high stakes. We are to suppose that the proposition is true, and that Keith has access to the same quantity and quality of evidence for it in both cases. In low stakes, but not in high stakes, we are inclined to think that Keith can appropriately assert to his inquiring wife “The bank is open on Saturday.” In low stakes, Keith’s knowledge ascription “I know that the bank is open on Saturday” strikes us as aptly asserted and true. In high stakes only a knowledge denial on Keith’s part strikes us as aptly asserted and true.If we want to hang on to KNA, it looks like we will have to abandon CI and concede that ‘knows’ or knowledge is sensitive to changes in practical considerations. If we want to retain CI, we can try to say that, while Keith does still know that the bank is open on Saturday in high stakes, he does not have sufficient warrant to properly assert that it is. But such a move seems to run counter to KNA. We appear to be stuck in the Shiftiness Dilemma.Keen to get us out of the dilemma and to preserve the idea that epistemically good thinking and asserting are independent of practical concerns, Simion suggests a strategy that can also be used to protect other epistemic speech-act norms and notions from similar threats of practical shiftiness. She notes that having an impact on the degree of epistemic warrant required is not enough to make a norm an epistemic one. Fair enough. If I am given strong practical reason (a million dollars, or a gun to the head) not to adopt full belief until I have gathered more evidence, there is potentially some nonepistemic norm at work in the demand for further evidence. So it is a live possibility (indeed, a plausible one, as Simion would say) that our intuitions in the Shiftiness Dilemma are being misdescribed: they are tracking all-things-considered propriety of assertion, not epistemic propriety. In high stakes, practical norms override the epistemic norm KNA. Keith’s asserting “The bank is open on Saturday” would be epistemically proper but all-things-considered improper.Simion backs up her account with an etiological-function origin story and typology for the norms of assertion. Here is her characterization of etiological function for traits, artifacts, and actions. E-function.A token of type T has the e-function of type B of producing effect E in a system S iff (1) tokens of T produced E in the past, (2) producing E resulted in benefit of type B in S/S’s ancestors, and (3) producing E’s having B-benefited S’s ancestors contributes to the explanation of why T exists in S.In this schema, norms governing an action are typed by the functions or purposes of the action, which in turn are typed by the benefits the action delivers. The epistemic norm of assertion will be the one that characteristically and reliably enables participants in the practice of assertion to secure its primary epistemic good, which Simion identifies as knowledge (testimonial knowledge in hearers generated under normal conditions by the assertions of knowledgeable speakers). Moves in a practice either directly or indirectly aim at fulfilling the goal of the practice. Assertion is a move in the practice of inquiry, which has the generation of knowledge as its aim. Hence, Simion concludes, assertion aims at generating knowledge.This account helps to explain why, in cases like high stakes, Keith all-things-considered ought not to assert “The bank is open on Saturday,” even though he knows it is true. Prudential norms of assertion override the epistemic KNA, for when multiple functions come into conflict, the ones that are more important to the survival of the organism will generate weightier normative constraints.Simion then applies her account to the general category of constatives—for example, speech acts that express a speaker’s belief and the intention that the hearer form or continue to hold the like belief. Employing the taxonomy of Bach and Harnish, she argues that, as expressions of belief and hence varieties of assertion, constatives are subject to knowledge norms as well. Bach and Harnish identify fifteen different subcategories of constatives, each characterized in terms of the kind of belief and intention they express. The norms governing a species have to be at least as strong as the norms governing the corresponding type. As species of the type assertion, each subcategory, then, is subject to at least the necessary direction of KNA. Ultimately, we arrive at a knowledge norm for every speech act on the list, such as The Knowledge Norm of Conjecture (KNC):One’s conjecture that p is epistemically permissible only if one knows that there is reason, but not sufficient reason, to believe that p. Most of the proposed interpretations of various constatives are on the whole reasonable enough, though J. L. Austin would surely be unhappy to see so many different speech acts fashioned into varieties of assertion. Simion concludes with reflections on conjecturing, telling, and moral assertion.Construing the challenge of shiftiness intuitions in terms of the Shiftiness Dilemma allows Simion to declare success when the compatibility of KNA and CI with the relevant data of intuition is secured. Ensuring empirical adequacy for an explanatory framework is an important step, but pronouncements of victory by way of inference to the best explanation would be premature.Other candidates have been shown to match KNA’s familiar explanatory successes (involving lottery propositions, Moorean statements, etc.). Unlike KNA, alternatives that require only epistemically justified or rational belief or credence can allow that a subject is epistemically proper to assert what they believe when their belief is epistemically rational, even under conditions where there are defeating reasons that they are not in a position to be aware of. Furthermore, such norms seem better suited for philosophical or heated moral discussions where there is little consensus and individuals routinely fail to know that what they assert is true. Simion sounds the alarm that the Shiftiness Dilemma threatens to generalize “to epistemic normativity as a whole” (xi–xii), but norms concerning rational credence seem particularly immune.As Simion notes, the etiological-function model of norms that she proposes could be rebuilt with a different central epistemic aim at its core. Indeed, Millikan-inspired models along these lines are appealed to in other areas in philosophy where the concept of information takes center stage—a concept that may be more amenable to rigorous definition and use in dialogue with the sciences than knowledge. We can wonder, also, what special weight the etiological-function model accords to a knowledge-first perspective on epistemic normativity when the model is malleable in this way.The effectiveness of Simion’s strategy for shielding epistemically good thinking and assertion from practical shiftiness becomes less apparent when we try to apply it to Keith’s belief or judgment that the knowledge ascription/denial he asserts is true. It is unclear whether we are to suppose that, in high stakes, Keith epistemically ought to believe/judge that his asserted knowledge denial is false, but all-things-considered he ought to believe/judge that it is true. We do not have to accept that the knowledge-first, etiological function account of normativity for assertion carries over to belief, of course, but then what progress have we made in accounting for the shiftiness in Keith’s judgment that he knows the bank is open on Saturday in low stakes but not in high stakes?Furthermore, there are other ways to generate problems for fallibilist Classical Invariantists in low versus high stakes pairs of cases. Here is a simplified version of a puzzle from the debate over pragmatic encroachment. Consider low cases where you meet the invariant standards for knowing that p, but your justified confidence falls short of certainty. Among these cases, there must be some where you also meet the invariant standards for knowing that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. Say, for instance, that you have a machine with a ϕ button, and your machine, which you know to be extremely reliable, tells you what the cost or benefit will be if you push the button and p is true versus if p is false. If you ϕ (push the ϕ button) and p is true, you win one hundred dollars; if you ϕ and p is false, you lose one hundred dollars. You face the choice: to ϕ or not to ϕ. Since you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, you rationally conclude that ϕ-ing results in the best overall outcome, and hence that you ought to ϕ. If you know which choice of action has the best overall outcome, that is what you all-things-considered should do. Now consider high, where the quantity and quality of your evidence for p is the same, and you still know that your machine is extremely reliable. This time, however, the machine tells you that if you push ϕ and p is true, you win one hundred dollars, but if you push ϕ and p is false, you lose $1 million. Your rational confidence in p is not high enough to justify pushing the button, so you rationally conclude that you ought not to ϕ. Since in high nothing evidentially relevant has changed (all that has changed is the machine informing you of a new, more serious cost of acting on p if p is false), the classical invariantist will have to say that you still know that ϕ, and you still know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. So, according to CI, you should still be able to reason properly as follows: you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, so you know that ϕ-ing results in the best overall outcome, hence you ought to ϕ. Classical invariantists owe us an explanation concerning how we can avoid the paradox here without conceding that knowledge is practically shifty. (shrink)

It is not easy to find a fair balance between inappropriate speech on the one hand and the appearance of constraint and inaccessibility on the other. Also judges must deal with this difficult task. They must take care not to endanger values that are protected to secure the functionality of justice. This article deals with questions of why and how judges can fulfil this task and what might happen if they fail to do so. The article argues in (...) favour of temperate speech using arguments from the fields of judicial ethics and normative ethics. It also offers examples of intemperate speech that might be dangerous to justice. Last but not least, the article mentions the relevance of judicial temperate speech for the concept of open justice thanks to which the judiciary might seek public confidence. (shrink)

The objective of the paper is to present the differences in the grounds of appeal and the appeal proceedings against judgments issued by a court composed of representatives of the public in a criminal trial at first instance. At present, citizens are allowed to adjudicate most often in one of three forms: persons adjudicating independently without the participation of a professional factor, who are not professionals in the field of law and criminal procedure (e.g. judges of the peace in (...) the common law system); a jury composed of citizens and adjudicating mostly on guilt of the accused; or lay judges adjudicating all aspects of the case in one panel together with professional judges. However, the participation of laymen in adjudication is not a prevailing rule. Many countries legal systems do not allow the citizens to co-decide in criminal cases. The paper also indicates the arguments for the democratization of the judiciary through a wider admission of citizens to participate in criminal justice. This issue has been examined on the background of three aspects of democracy: representative, deliberative and participatory. (shrink)

A central feature of ordinary moral thought is that moral judgment is mind-independent in the following sense: judging something to be morally wrong does not thereby make it morally wrong. To deny this would be to accept a form of subjectivism. Neil Sinclair (2008) makes a novel attempt to show how expressivism is simultaneously committed to (1) an understanding of moral judgments as expressions of attitudes and (2) the rejection of subjectivism. In this paper, I discuss Sinclair’s defense of anti-subjectivist (...) moral mind-independence on behalf of the expressivist, and I argue that the account does not fully succeed. An examination of why it does not is instructive, and it reveals a fundamental dilemma for the expressivist. I offer a suggestion for how the expressivist might respond to the dilemma and so uphold Sinclair’s defense. (shrink)

This paper presents an analysis of the various dimensions of independence and impartiality. Among other things, I will argue that the two concepts, both of which are profoundly implicated in the rule of law, can be conceived as values and are perfectly distinguishable from each other. I will also propose a conception of neutrality, as a third distinct value that satisfies the requirement for non-redundancy with regard to independence and impartiality. Hence, judges and arbitrators must be independent, (...) impartial and neutral. Each of these values contributes in different ways to enabling the law to fulfil its distinctive function of facilitating social interaction in complex and plural societies. (shrink)

This paper is the result of my participation in a discussion event of Problema. Anuario de filosofía y teoría del derecho entitled “The Construction of Precedent in Civil Law: Debates, Concepts and Challenges”. Several colleagues with a vast knowledge on the subject of judicial precedent participated in this seminar, which also delved into the widely debated aspects of judicial precedent focused on the case of Chile. The entire discussion aimed at proposing solutions, as well as shedding some light on some (...) of its important aspects.Starting from such transcendental concepts as, rationality and argumentative use, it is possible to find certain problems arising from the improper use of the above concepts, which in turn leads us to stare decisis, a term that if used incorrectly may result in an act against the internal independence of judges. (shrink)

While individual differences in the willingness and ability to engage analytic processing have long informed research in reasoning and decision making, the implications of such differences have not yet had a strong influence in other domains of psychological research. We claim that analytic thinking is not limited to problems that have a normative basis and, as an extension of this, predict that individual differences in analytic thinking will be influential in determining beliefs and values. Along with assessments of cognitive ability (...) and style, religious beliefs, and moral values, participants judged the wrongness of acts considered disgusting and conventionally immoral, but that do not violate care- or fairness-based moral principles. Differences in willingness to engage analytic thinking predicted reduced judgements of wrongness, independent of demographics, political ideology, religiosity, and moral values. Further, we show that those who were higher in cognitive ability were less likely to indicate that purity, patriotism, and respect for traditions and authority are important to their moral thinking. These findings are consistent with a “Reflectionist” view that assumes a role for analytic thought in determining substantive, deeply-held human beliefs and values. (shrink)

The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and whether such (...) participation is allowed or necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case. (shrink)

Background and Aims The prevalence of religious faith among doctors and its relationship with decision-making in end-of-life care is not well documented. The impact of ethnic differences on this is also poorly understood. This study compares ethnicity and religious faith in the medical and general UK populations, and reports on their associations with ethically controversial decisions taken when providing care to dying patients. Method A postal survey of 3733 UK medical practitioners, of whom 2923 reported on the care of their (...) last patient who died. Findings Specialists in care of the elderly were somewhat more likely to be Hindu or Muslim than other doctors; palliative care specialists were somewhat more likely to be Christian, religious and ‘white’ than others. Ethnicity was largely unrelated to rates of reporting ethically controversial decisions. Independently of speciality, doctors who described themselves as non-religious were more likely than others to report having given continuous deep sedation until death, having taken decisions they expected or partly intended to end life, and to have discussed these decisions with patients judged to have the capacity to participate in discussions. Speciality was independently related to wide variations in the reporting of decisions taken with some intent to end life, with doctors in ‘other hospital’ specialities being almost 10 times as likely to report this when compared with palliative medicine specialists, regardless of religious faith. Conclusions Greater acknowledgement of the relationship of doctors' values with clinical decision-making is advocated. (shrink)

We often get reason to doubt the reliability of some of our own reasoning. The rational response to such evidence would seem to depend on how reliable one should estimate that reasoning to be. Independence principles constrain that reliability-assessment, to prevent question-begging reliance on the very reasoning being assessed. But this has consequences some find disturbing: can it be rational for an agent to bracket some of her reasons—which she may, after all, be assessing impeccably? So several arguments have (...) been offered against the very idea of an Independence principle. This paper argues that looking closely at these arguments actually strengthens the case for Independence, and yields some guidance in meeting a formidable challenge for Independence-defenders: formulating the principle in an adequate way. (shrink)

Having learned my just war theory at Michael Walzer’s figurative knee, for many years I accepted the independence of jus in bello from jus ad bellum unthinkingly. Just war theory consists of two separate parts, one concerning the legitimate grounds for going to war and the other the rules of engagement once war had begun. This two-part view, the “independence thesis,” went hand in hand with the “symmetry thesis,” or “the moral equality of soldiers”: soldiers whose cause is (...) unjust have the same rights to fight and to kill as those whose cause is just. But troubling questions sometimes crowded in. Doesn’t the justice of a country’s cause affect what actions it can legitimately take? Can’t victims of aggression legitimately do things aggressors cannot? Most fundamentally, “how can there be permissibly violent means of pursuing impermissible ends?”[1] Walzer casts glances at these problems when he proposes the idea of a “sliding scale,” in which the rules of war yield “slowly to the moral urgency of the cause: the rights of the righteous are enhanced, and those of their enemies devalued.”[2] He rejects the sliding scale in favor of the weaker qualification, “supreme emergency,” in which the rules of war are overridden “only in the face of an imminent catastrophe.”. (shrink)

The article describes the problematic spots of the court system ordained by the temporary law during the inter-war period in Lithuania and the prolonged attempts of the authority to transform it into the permanent one. It demonstrates that there has been a constant involvement in this situation among the authority representatives and the institutions until the issue of the Judiciary Act in 1933. The new legislation has been prepared, even though not all of it has been implemented. The first legislation (...) on judiciary of an independent Lithuania was enacted in 1918 as the Temporary Act on Lithuanian Courts and their Operation. It acknowledged the weak spots such as the procedure for assigning peace judges, no provision for cassation, elimination of jury as well as no limitations of guarantees during assignment and dismissal of judges, etc. Current imperfections resulted from lack of knowledge and no possibility to have an election as well as the limited financial potential of the state. It has been intended to solve these problems in the near future. The legal regulation of the fundamental points on court organization and operation, that lacked in the Temporary Judiciary Act, has been supported by the provisions incorporated into the Constitution of Lithuania of 1922. The distinct laws have let the colegially operating courts to temporary incorporate the advocate under oath as a member of the judicial board. Also, considerably transcendent salaries of the court official workers as compared to other civil servants has been established. The bill ascertaining the court system and their operation has finally been drawn and hereafter for several years it has been refined by various legal institutions and experts. This situation ended with enactment of the new Judiciary Act in 1933. Although it retained the assignment of judges and finally eliminated the institution of the jury, it solved the majority of questions related to the court organization and operation that had not been regulated by law before. (shrink)

The influence of movement skill on action representations and identification of agency was investigated. Point-light displays were created of highly skilled gestures of thirteen orchestral conductors in visual, auditory, and audiovisual versions and compared to two control conditions . In subsequent experimental sessions, participants indicated whether displays presented them or other conductors, whether the soundtrack contained their or others’ musical interpretations, and rated the quality and emotional content of the gestures. Self-recognition was more accurate in conditions presenting highly skilled conducting (...) movements as compared to other displays. Participants judged the quality of their own movements to be better than those of others, independently of whether or not they recognized movement agency. Emotional content was perceived accurately across conditions both for own and others’ actions. These results point to the influence of dynamical characteristics of motor skill, rather than merely type of movement or emotional content, on action representations and self-other identification. (shrink)

One of the gravest charges that has been brought against Hume’s essay “Of the Standard of Taste” is that of circularity. Hume is accused of defining good art in terms of “true judges,” and of defining true judges in terms of their ability to judge good art. First, I argue that Hume avoids circularity since he offers a way of identifying good art that is logically independent of the verdict of true judges. Second, I argue that this (...) clarifies an enduring puzzle in the scholarship on Hume’s essay: why he appears to offer not one but two standards of taste. Hume’s standard does not consist of general rules; however, Hume needs general rules to establish that some individuals’ tastes are more “delicate” than others’. (shrink)

This chapter is about a classical Indian debate about the Independent Check Thesis, the thesis that, if an agent is to rationally believe (or judge) that she knows that p, she must rely on some source of information that provides her independent evidence about the truth or reliability of her belief (or judgement) that p. While some Buddhists and Nyāya philosophers defended this thesis, the Bhāṭṭa Mīmāṃsakas rejected it. Here, I reconstruct the Bhāṭṭa Mīmāṃsakas’ arguments against the Independent Check Thesis. (...) I show that these arguments reveal a tension between this thesis and a plausible principle that connects knowledge and action. (shrink)

Successful innovations are deemed to be necessary requisites for enterprise success. On the other hand, works council participation and employee participation are judged differently as either fostering employee and enterprise benefits or only the former or even none. Both forms of participation have found diverging theoretical and empirical argumentations regarding innovations. Here, we argue and show empirically that both forms of participation deliver positive contributions to innovation success, economically and employee-related, substantiated with qualitative reports from 36 process innovation cases and (...) quantitative data from 44 cases. Qualitative case analyses reveal different profiles of works council participation depending on the innovation type. Independent of the innovation types, more successful innovations are marked by more intensive participation. Quantitative examinations of a causal model with path analysis specify how this is achieved: works council and employee participation further the growth of appropriate knowledge and the former also raises the coordination capability; both are essential preconditions for innovation success. A direct impact of works councils on innovation success complements the indirect effects. The slightly modified path analysis explains 53% of the innovation success variance. (shrink)

The results of three experiments suggest that pre-existing mood increases the intensity of affectively congruent emotions while dampening the intensity of incongruent emotions independent of attributional knowledge. This result was obtained using a new method for inducing mood states unobtrusively and with minimal or no cognitive concomitants. The results of Experiment 1 revealed that for participants who were exposed to positive feedback a pre-existing positive mood led to stronger feelings of pride in comparison to negative mood. The results of Experiments (...) 2 and 3 suggest that pre-existing mood directly influences the experience of subsequently elicited emotions independent of what one knows about the causes of this feeling. When participants were required to differentiate between the funniness of a cartoon and their subjective humour response, mood influenced only the latter judgement (Experiment 2). In Experiment 3, reminding participants of the mood induction resulted in a contrast effect in judging the funniness of a cartoon. However, the pre-existing mood continued to exert an assimilation effect on the overt mirth response. In conclusion, these results suggest that the feeling and knowledge component are partly independent bases of emotional responses. (shrink)

In the last 2500 years, since the beginnings in ancient Greece of the literary genre we call “history,” the relationship between history and law has been very close. True, the Greek word historia is derived from medical language, but the argumentative ability it implied was related to the judicial sphere. History, as Arnaldo Momigliano emphasized some years ago, emerged as an independent intellectual activity at the intersection of medicine and rhetoric. Following the example of the former, the historian analyzed specific (...) cases and situations looking for their natural causes; following the prescriptions of the latter—a technique, or an art, born in tribunals—he communicated the results of his inquiry.2Within the classical tradition, historical writing had to display a feature the Greeks called enargeia, and the Romans, evidential in narrtatione: the ability to convey a vivid representation of characters and situations. The historian, like the lawyer, was expected to make a convincing argument by communicating the illusion of reality, not by exhibiting proofs collected either by himself or by others.3 Collecting proofs was, until the mid-eighteenth century, an activity practiced by antiquarians and erudite, not by historians.4 When, in his Traité des differentes sortes de preuves qui servent à établir la vérité he l’histoire , the erudite Jesuit Henri Griffet compared the historian to a judge who carefully evaluates proofs and witnesses, he was expressing a still-unaddressed intellectual need. Only a few years later Edward Gibbon published his Decline and Fall of the Roman Empire, the first work that effectively combined historical narrative with an antiquarian approach.5 2. See Arnaldo Momigliano, ”History between Medicine and Rhetoric,” Ottavo contributo alla storia degli studi classici e del mondo antico, trans. Riccardo Di Donato , pp. 14-25.3. See Ginzburg, “Montrer et citer.”4. See Momigliano, “Ancient History and the Antiquarian,” Contributo alla storia degli studi classici , pp. 67-106.5. See Henri Griffet, Traité des differentes sortes de preuves qui servent à établir la vérité de l’histoire, 2d ed. . Allen Johnson, in his Historian and Historical Evidence , speaks of the Traité as “the most significant book on method after Mabillon’s De re diplomatic” . See also Momigliano, “Ancient History and the Antiquarian,” p. 81, and Ginzburg, “Just One Witness.” On Gibbon, see Momilgiano, Sesto contributo alla storia degli studi classici e del mondo antico , pp. 231-84. Carlo Ginzburg is Franklin D. Murphy Professor of Italian Renaissance Studies at the University of California, Los Angeles. His two most recent books are Ecstasies: Deciphering the Witches’ Sabbath and Il giudice e lo storico. (shrink)

Reality exists independently of human observers, but does the same apply to its structure? Realist ontologies usually assume so: according to them, the world consists of objects, these have properties and enter into relations with each other, more or less as we are accustomed to think of them. Against this view, Rein Raud develops a radical process ontology that does not credit any vantage point, any scale or speed of being, any range of cognitive faculties with the privilege to judge (...) how the world ‘really’ is. In his view, what we think of as objects are recast as fields of constitutive tensions, cross-sections of processes, never in complete balance but always striving for it and always reconfiguring themselves accordingly. The human self is also understood as a fluctuating field, not limited to the mind but distributed all over the body and reaching out into its environment, with different constituents of the process constantly vying for control. The need for such a process philosophy has often been voiced, but rarely has there been an effort to develop it in a systematic and rigourous manner that leads to original accounts of identity, continuity, time, change, causality, agency and other topics. Throughout his new book, Raud engages with an unusually broad range of philosophical schools and debates, from New Materialism and Object-Oriented Ontology to both phenomenological and analytical philosophy of mind, from feminist philosophy of science to neurophilosophy and social ontology. Being in Flux will be of interest to students and scholars in philosophy and the humanities generally and to anyone interested in current debates about realism, materialism and ontology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HUME ON FINDING AN IMPRESSION OF THE SELF 47 1 1. Introduction Descartes held that reflection on "the commonest matters", for example our recognition of a piece of wax, reveals our more fundamental awareness of ourselves. And further, if the [notion or] perception of the wax has seemed to me clearer and more distinct, not only after the sight or the touch, but also after many other causes have (...) rendered it quite manifest to me, with how much more [evidence] and distinctness must it be said that I now know myself, since all the reasons which contribute to the knowledge of wax, or any other body whatever, are yet better proofs of the nature of my mind!2 Even if I only seem to see a piece of wax, when I have no eyes to see and there is no wax before me, I still know something. I know myself. When I judge that the wax is soft I am aware of myself as so judging. When I judge that the wax is hard, I am aware that I_ judge it so. I cannot have knowledge of external bodies without having certain knowledge of myself, because even my mere beliefs reveal my self-knowledge. Descartes exploited the insight that he is more intimately conscious of his own mind than anything else to establish that he is "a mind or a soul... a thing which thinks".3 Philosophers who did not share Descartes' rationalism still held the view that we are intimately conscious of ourselves, and that our awareness of other things enhances our self-awareness, and is epistemically dependent on it. Butler claimed that our awareness of ourselves was beyond doubt, since to doubt that awareness presupposes that we already have it. Whenever we "turn our thoughts upon ourselves" we have 48 "certain conviction, which necessarily and every moment, rises within us" of our personal identity. In A Treatise of Human Nature Hume argues against both the intelligibility of the notion of immaterial substance, and the claim that we have simple awareness of our selves independently of our awareness of other objects. when Hume turns his attention squarely to the topic of personal identity in the Treatise, he has already dismissed the rationalist notion of immaterial substance or soul. He attacks the view which tempted rationalists and empiricists alike, that our awareness of ourselves is distinct from our feeling and thinking, but is often enhanced by such experience. Hume's argument has been and continues to be influential. Recent Wittgenstein interpretation suggests that the Tractatus discussion of the unencounterability of the self in experience is directly borrowed from Hume.5 Chisholm's views concerning self-awareness are motivated in part by problems he locates in Hume's negative argument. Chisholm argues that the report that he finds no impression of self commits Hume to the existence of a subject of experience.6 Most recently, Nozick suggests that Hume did not consider the possibility that our awareness of ourselves might be isolated by employing •7 special techniques, such as yoga or meditation. In this paper I will focus on the passage in the Treatise where Hume reports his failure to find an impression of the self and presents this as an argument against the theory of self-awareness which many philosophers found irresistible. Although Hume's argument has been influential and is often discussed in contemporary literature, the Treatise passage in which it occurs appears confused. The confusion is cleared up only when it is seen that Hume really presents two 49 different arguments against the view that we are intimately conscious of ourselves. Finally I suggest how Hume's actual arguments pave the way for his positive views. 2. The Difficulty Hume's discussion of personal identity in the Treatise begins with his consideration of the view of "some philosophers, who imagine we are every moment intimately conscious of what we call our SELF."8 After characterizing the view, Hume rejects it, having found that we have no idea of self "after the manner it is here explain'd". The unnamed philosophers, as Hume understands them, take the idea of the self to be a simple idea. For Hume, a... (shrink)

The function of law and of constitutional law is to make determinate what we ought to do. And in constitutional law, that is true of both structural provisions and rights provisions. It is not the function of constitutions to establish our real moral rights. We possess those independently of the constitution, which cannot affect them. And all organs of government are bound morally if not legally by those rights. I have taken no position on the relative competence of legislatures and (...) courts to ascertain the content of real moral rights, and it is possible that the judiciary is well-equipped to be our wise Platonic guardians. However, if the game is interpretation, all that can be interpreted are authored rules, and what those rules mean can only be what their authors meant by them. Anything else is reauthoring—that is, creating new rules. There is no “living tree” constitutional interpretation. The only “living trees” are the judges. So you’d better hope that they are well cultivated. And you may conclude that a bit of pruning is in order. (shrink)

How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...) in this paper. I will try to characterize the law in terms of the layered account of collective intentionality that I have introduced in some earlier writings (Schmitz 2013; 2018). In the light of this account I will then discuss a traditional question in the philosophy of law: the relation between law and morality. I begin by giving a brief sketch of the layered account in the next section. Collective intentionality should be understood in terms of experiencing and representing others as co-subjects, rather than as objects, of intentional states and acts on different layers or levels. I distinguish the nonconceptual layer of the joint sensory-motor-emotional intentionality of joint attention and joint bodily action, the conceptual level of shared we-mode beliefs, intentions, obligations, values, and so on, and the institutional level characterized through role differentiation, positions taken in role-mode, e.g. as a judge or attorney, and writing and other forms of documentation. In the third section I introduce a set of parameters for representations such as their degree of richness, of context-dependence, of density and differentiation of representational role and of durability and stability, which can be used to more precisely distinguish different layers. I also put forward the hypothesis that these properties are connected and tend to cluster, and that higher levels can only function and determine conditions of satisfaction against lower level ones. In the fourth and final section I critically discuss the sharp positivistic separation of morality and the law according to which whether something is a law is completely independent of its moral merits. I argue that this only seems plausible if we take an observational stance towards the law, but not towards morality. When we treat them the same way, it rather appears that the moral attitudes of the co-subjects of a society will determine whether and to what extent they will accept its legal order. I conclude by proposing to think of the law as being itself an institutionalized form of morality. (shrink)

The article is dedicated to determine de iure and de facto binding force of the case law of the Court of Justice of the European Union (hereinafter the ECJ) and its place in the system of legal sources in Latvia. The author concludes that the case law of the ECJ consists of legally important statements, which are included in judgements of the ECJ, namely, of an interpretation of legal norms, made by the ECJ, and of judge-made law norms, which the (...) ECJ has found in legal system by use of a further law-making. Therefore, it follows from the above that the case law of the ECJ is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia, but also other European Union (hereinafter the EU) member states of the continental Europe or Romano-Germanic legal system. (shrink)

Psychophysical scaling models of the form R = f, with R the response and I some intensity of an attribute, all assume that people judge the amounts of an attribute. With simple biases excepted, most also assume that judgments are independent of space, time, and features of the situation other than the one being judged. Many data support these ideas: Magnitude estimations of brightness increase with luminance. Nevertheless, I argue that the general model is wrong. The stabilized retinal image literature (...) shows that nothing is seen if light does not change over time. The classification literature shows that dimensions often combine to produce emergent properties that cannot be described by the elements in the stimulus. These and other effects cannot be adjusted for by simply adding variables to the general model because some factors do not combine linearly. The proposed alternative is that people initially judge the entire stimulus – the object in terms of its environment. This agrees with the constancy literature that shows that objects and their attributes are identified through their relations to other aspects of the scene. That the environment determines judgments is masked in scaling studies where the standard procedure is to hold context constant. In a typical brightness study the essential stimulus might be the intensity of the light or a difference between the light and the background. The two are perfectly confounded. This issue is examined in the case of audition. Judgments of the loudness of a tone depend on how much that tone differs from the previous tone in both pitch and loudness. To judge loudness people first seem to process the stimulus object in terms of differences between it and other aspects in the situation; only then do they assess the feature of interest. Psychophysical judgments will therefore be better interpreted by theories of attention that are based in biology or psychology than those that are based in classical physics. (shrink)

I defend my ‘one-act’ interpretation of Kant’s account of judgments of beauty against recent criticisms by Paul Guyer. Guyer’s text-based arguments for his own ‘two-acts’ view rely on the assumption that a claim to the universal validity of one’s pleasure presupposes the prior existence of the pleasure. I argue that pleasure in the beautiful claims its own universal validity, thus obviating the need to distinguish two independent acts of judging. The resulting view, I argue, is closer to the text and (...) more phenomenologically plausible than Guyer’s two-acts alternative. (shrink)

The article deals with the constitutional right of a person to apply to court. While construing this constitutionally entrenched right of a person, one analyses the doctrine of the right of a person to apply to court, which was formed in the jurisprudence of the Constitutional Court of the Republic of Lithuania. The right of a person to court is entrenched expressis verbis in Paragraph 1 of Article 30 of the Constitution whereby the person whose constitutional rights or freedoms are (...) violated shall have the right to apply to court. The doctrine of the Constitutional Court derives this right also from the constitutional principle of a state under the rule of law. The right of a person to court is inseparable from other norms and principles of the Constitution, which are equality of rights, the right to compensation of damage, the right to a proper court process, etc. (shrink)