"The Moral Standing of States" is the title of an essay Michael Walzer wrote in response to four critics of the theory of nonintervention defended in "Just and Unjust Wars." It states a theme to which he has returned in subsequent work. Beitz offers four sets of comments.

What kinds of mental states are emotions? A common philosophical view says that they are episodic states. Some philosophers conceive of these states as bodily feelings or experiences of some sort, others as judgements or states very similar but not identical to judgements. I argue that emotions are not episodic states; like beliefs and desires, they are standing dispositional states that may manifest themselves in consciousness and behaviour. But emotions are neither beliefs nor desires; they are sui generis mental (...) states. We understand the nature of these states when we consider the role they play in ordinary folk-psychological explanations. (shrink)

Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming (...) or punishing socially deprived offenders more often or more harshly than other offenders, even when the crimes are the same. The state’s stable disposition to inconsistently hold offenders responsible undermines its standing to hold offenders responsible for the same reasons that hypocrisy undermines standing; instead of making an unfair exception of itself, the state makes an unfair exception of others. Strikingly, this means that the state lacks the standing to hold anyone responsible for a crime for which it is unfairly disposed to hold citizens responsible inconsistently, not just socially deprived offenders. Thus, it is even more urgent that the state regain its moral standing by working toward a justice system that holds offenders responsible consistently. (shrink)

Although there have been a growing number of studies focusing on dog welfare, the research field concerning dog positive emotion assessment remains mostly unexplored. This paper aims to provide a state-of-the-art review and summary of the scattered and disperse research on dog positive emotion assessment. The review notably details the current advancement in the dog positive emotion research, what approaches, measures, methods, and techniques have been implemented so far in emotion perception, processing, and response assessment. Moreover, we propose possible (...) future research directions for short-term emotion as well as longer-term emotional states assessment in dogs. The review ends by identifying and addressing some methodological limitations and by pointing out further methodological research needs. (shrink)

The theory of fiction is systematically locatedbetween different types of discourse, of which philosophy, literary criticism and psychology/psychoanalysis are perhaps the most important. Mythesis is thatempiricist, mainly British philosophical approaches provide fascinatinghistorical models for an analysis of the situation in which we seem caught today between tendencies towards panfictionalization (since Vaihinger) and towards fairly rigid distinctions between fiction and reality. In my perspective, empiricist philosophy is not so much concerned with what isgiven, but with thecontrol of distinctions between the real (...) and the imaginary under complex social conditions. In that sense, it constitutes striking anticipations of present discussions in evolutionary epistemology, cultural anthropology and psychoanalysis. Here the question is whether we can replace the semantics of fiction and reality by a series of distinctions between the experience of what might be called concrete and what might be called abstract. (shrink)

Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers and prosecutors are often thought to be counter-productive or disproportionate in their consequences. This article begins to explore whether the concept of standing to blame can provide a fresh justification for such responses. It focuses on a vice related to standing—hypocrisy—and a related vice concerning inconsistent blame. It takes seriously the point that criminal justice agencies, although all part of the (...) class='Hi'>State, are in real terms separated from each other, and analyses the so-called separation thesis (or theses). It concludes that hypocrisy and inconsistent blame arguments could plausibly justify exclusion and stays only in relation to lower-level offending, and even there only indirectly. This is in the sense that exclusion and stays are expressions of judicial frustration with other bodies for their failure to take pre-trial wrongdoing seriously. (shrink)

This chapter contains sections titled: Against Yoga Theory: A Standard Objection Some Inadequate Responses to the Standard Objection The Standard Objection and Testimony Higher Up the Scale Conclusion.

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders (...) may be punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders (...) may be punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

The distinction between occurrent and non-occurrent mental states is frequently appealed to by contemporary philosophers, but it has never been explicated in any significant detail. In the literature, two accounts of the distinction are commonly presupposed. One is that occurrent states are conscious states. The other is that non-occurrent states are dispositional states, and thus that occurrent states are manifestations of dispositions. I argue that neither of these accounts is adequate, and therefore that another account is needed. I propose that (...) occurrent states are active states. (shrink)

This chapter suggests that the state of nature is a continuum notion that lies in a segment along a larger continuum of the scope of private judgment, as does the continuum notion of civil authority. Jean Hampton saw Thomas Hobbes's state of nature as a “presocietal” condition of “isolated asocial individuals,” “stripped of their social connections.” There is plentiful evidence against Hampton's interpretation of the state of nature as an “asocial” condition in Hobbes's insistence across all his (...) political writings that men care deeply about their relative social standing and reputations, and that this is a major source of conflict in a state of nature. A potentially more promising way of understanding the state of nature is as a lawless condition. Societies exhibiting a high degree of consensus among private judgments may be able to tolerate incomplete removal from the mere state of nature, without threat to their stability. (shrink)

Das Sammelwerk legt umfassend den Stand der Staatstheorie dar und arbeitet die Beiträge der bedeutendsten Staatsdenker und der wichtigsten Strömungen des Staatsdenkens zum heutigen Staatsverständnis exemplarisch heraus.Renommierte Philosophen, Historiker, Sozial-, Kultur- und Rechtswissenschaftler aus Universitäten und Forschungseinrichtungen in ganz Europa stellen in 15 gleichgewichteten Kapiteln das Staatsdenken von der Antike bis zur Postdemokratie facettenreich heraus. Jedes Kapitel firmiert unter einem Schwerpunkt, angefangen beim klassischen und konservativen über das liberale und feministische bis hin zum anarchistischen und religiösen Staatsdenken. Einen besonderen Stellenwert (...) nimmt dabei das Staatsdenken in anderen Kulturen ein, darunter China, Indien, die arabische Welt sowie das vor- und das postkoloniale Afrika.Die Schlussbetrachtung zum "Staat der Zukunft" bilanziert die Probleme von Souveränitätsverlust, Staatszerfall und Postdemokratie vor dem Hintergrund von Globalisierung, Ökonomisierung und Individualisierung.Praktische Querverweise und ein umfassendes Literaturverzeichnis erleichtern den Zugriff, detaillierte Stichwort- und Personenregister runden das Werk ab.Mit Beiträgen von:Helga Albrecht, Andreas Anter, Olaf Asbach, Friedrich Balke, Ernst Baltrusch, Michael Becker, Hannah Bethke, Karl-Heinz Breier, Michael Brie, Norbert Campagna, Lars Distelhorst, Sabine Doyé, Dominik Finkelde, Oliver Flügel-Martinsen, Alexander Gantschow, Eva Geulen, Gerhard Göhler, Dieter Grimm, Martin Gronau, Gregor Hain, Hendrik Hansen, Leonhard Harding, Oliver Hidalgo, Wilhelm Hofmann, Frauke Höntzsch, Dana Ionescu, Matthias Jestaedt, Dirk Jörke, John Kannankulam, Stefan Koslowski, Oliver W. Lembcke, Rochus Leonhardt, Roland Lhotta, Mathias Lindenau, Marion Löffler, Gundula Ludwig, Günter Maschke, Jean-Christophe Merle, Dominique Fabian Miething, Andreas Niederberger, Claudia Opitz-Belakhal, Henning Ottmann, Gregor Paul, Thore Prien, Walter Reese-Schäfer, Claudia Ritzi, Samuel Salzborn, Stefano Saracino, Birgit Sauer, Peter Seyferth, Thomas Schölderle, Hans-Martin Schönherr-Mann, Ulrich Seeber, Veith Selk, Harald Sippel, Tine Stein, Kazuhiro Takii, Ulrich Thiele, Andreas Vasilache, Rüdiger Voigt, Christian Wendt, Stefanie Wöhl, Joachim Wurst, Holger Zapf und Barbara Zehnpfennig. (shrink)

When Einstein formulated his special relativity, he developed his dynamics for point particles. Of course, many valiant efforts have been made to extend his relativity to rigid bodies, but this subject is forgotten in history. This is largely because of the emergence of quantum mechanics with wave-particle duality. Instead of Lorentz-boosting rigid bodies, we now boost waves and have to deal with Lorentz transformations of waves. We now have some nderstanding of plane waves or running waves in the covariant picture, (...) but we do not yet have a clear picture of standing waves. In this report, we show that there is one set of standing waves which can be Lorentz-transformed while being consistent with all physical principle of quantum mechanics and relativity. It is possible to construct a representation of the Poincaré group using harmonic oscillator wave functions satisfying space-time boundary conditions. This set of wave functions is capable of explaining the quantum bound state for both slow and fast hadrons. In particular it can explain the quark model for hadrons at rest, and Feynman’s parton model hadrons moving with a speed close to that of light. (shrink)

Moral and legal philosophy are too entangled: moral philosophy is prone to model interpersonal moral relationships on a juridical image, and legal philosophy often proceeds as if the criminal law is an institutional reflection of juridically imagined interpersonal moral relationships. This article challenges this alignment and in so doing argues that the function of the criminal law lies not fundamentally in moral blame, but in regulation of harmful conduct. The upshot is that, in contrast to interpersonal relationships, the criminal law (...) cannot lose its standing to blame through institutional analogues of hypocrisy, complicity, and meddling. Rather, certain forms of structural and severe historical and contemporary injustice point to the question of the overall legitimacy of state authority. (shrink)

This chapter examines the moral justifiability of “stand your ground” laws. First, it sets forth the parameters of self-defense as understood in the philosophical literature. Next, it focuses on the necessity limitation and questions whether this limitation can be defensibly weakened to accommodate SYG laws. Finding no comfort for SYG statutes in a weakened necessity limitation, the chapter turns to the proportionality constraint and examines approaches that increase the interests that may permissibly be defended as well as approaches that abandon (...) proportionality altogether. Finally, this chapter maintains that the most perspicuous lens through which to view SYG laws is that of law enforcement because what SYG laws actually do is place citizens in the role of police. The justifiability of such enforcement authority turns, then, on two further questions. It must be appropriate for citizens to serve this function. But second, it must be appropriate for the state to stand its ground. (shrink)

Excerpt from Über den Stand der Indischen Philosophie zur Zeit Mahäviras und Buddhas: Inaugural-Dissertation Dies ist der erste bedeutende Lehrer der noch heute in Indien zahlreich vertretenen Religionsgenossenschaft der J ainas. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged (...) copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Solid state physics, the study of the physical properties of solid matter, was the most populous subfield of Cold War American physics. Despite prolific contributions to consumer and medical technology, such as the transistor and magnetic resonance imaging, it garnered less professional prestige and public attention than nuclear and particle physics. Solid State Insurrection argues that solid state physics was essential to securing the vast social, political, and financial capital Cold War physics enjoyed in the twentieth century. (...) Solid state’s technological bent, and its challenge to the “pure science” ideal many physicists cherished, helped physics as a whole respond more readily to Cold War social, political, and economic pressures. Its research kept physics economically and technologically relevant, sustaining its cultural standing and policy influence long after the sheen of the Manhattan Project had faded. (shrink)

Whatever else liberalism involves, it involves the idea that it is objectionable, and often wrong, for the state, or anyone else, to intervene, in certain ways, in certain choices. This article aims to evaluate different possible sources of support for this core liberal idea. The result is a pluralistic view. It defends, but also stresses the limits of, some familiar elements: that some illiberal interventions impair valuable activities and that some violate rights against certain kinds of invasion. More speculatively, (...) it points to two further sources of support for liberalism, each of which represents a certain kind of social standing: a self-sovereignty compromised simply by being subject to certain kinds of commands and a relational equality compromised by the condemnation of choices with which one’s group is identified. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Standing at the Intersections: Navigating Life as a Black Intersex ManSean Saifa WallAs I sit down to write this narrative, my mind is reflecting on the past year. This year has seen numerous protests against state–sanctioned violence with the declaration that “Black Lives Matter”. As a Black intersex man, I have witnessed the impact of state–sanctioned violence on my family and my community, both from the (...) police state and medical community. I charge the police state and the medical community with state– sanctioned violence: Each targets non–normative bodies—the former through incarceration and execution, and the latter by means of surgical and hormonal intervention. As a Black intersex man, I stand at the intersection bearing witness to how this violence has incarcerated my friends and loved ones as well as being subjected to medically unnecessary surgical intervention. Although this is where I stand now, both socially and politically, I have not always existed here.I was born in the winter of 1978 at Columbia–Presbyterian Hospital in New York City. I was the youngest of five children and one of three children in my family who were born with an intersex trait now known as androgen insensitivity syndrome (AIS). At the time, AIS was referred to as “testicular [End Page 117] feminization syndrome.” Upon receiving my medical records years later at the age of twenty–five, I noticed scribbling and a barrage of notes indicating the process by which the doctors assigned my gender as female. Although I had ambiguous genitalia, which caused some initial confusion among the doctors, XY chromosomes were not enough for me to be raised as male. My mother was told I would be raised as a girl and, according to the medical records, “function as such.”Unlike my sisters who were also born with AIS, my mom was not swayed by the surgical recommendations doctors made about my body. As a matter of protocol, my sisters’ gonads were removed in infancy, however, my mom made the decision that my testes would remain with me until they had to be removed.Because of intense pain in my groin area, my testicles were removed when I was thirteen years old. The pain that I felt following the surgery was perhaps the worst pain that I have experienced in my entire life. After surgery, my pediatrician prescribed estrogen and Provera as a hormonal replacement regimen. Fatty deposits changed the shape and contours of my face. Once robust and chiseled thighs now harbored cellulite. The beginnings of facial hair and prominent body hair became wispy and nonexistent. What was hard and defined became soft.At no point did anyone ask me what I wanted to do with my body.I actually missed the effects of my natural testosterone such as a deepening voice, increased hair and muscle mass; when I asked if I could take both testosterone and estrogen after surgery, my mother remarked, “You would look too weird.”The hormone therapy was coupled with intense social conditioning. I feel as if the social conditioning for young women raised with AIS is suffocating. When doctors prescribed hormones for me to take, my mother constantly reminded me how “beautiful” the little yellow pills would make me. As a means of reassurance, my pediatrician told my mom that “a lot of fashion models” have AIS and that I would most certainly be beautiful. In our dominant US culture, gender norms can already be oppressive, but for women with AIS, there is the impact of gender norms and the underlying fear that women with AIS are not really women since they have XY chromosomes. I did not succumb to the pressure to be more feminine, but actually gravitated toward masculinity. Before transitioning to live as a man, I considered myself a butch woman. When I came out of the closet at fourteen years old and presented as a masculine young woman, I never felt safe. Because I dated women who were more feminine than I, my relationship with these women seemed threatening to men who repeatedly reminded me through harassment and threats that “I was not a man.” Of course, I wasn’t trying to be a... (shrink)

The paper discusses the structure, applications, and plausibility of the much-used parallel-case argument for workplace democracy. The argument rests on an analogy between firms and states according to which the justification of democracy in the state implies its justification in the workplace. The contribution of the paper is threefold. First, the argument is illustrated by applying it to two usual objections to workplace democracy, namely, that employees lack the expertise required to run a firm and that only capital suppliers (...) should have a say over the governance of the firm. Second, the structure of the argument is unfolded. Third, two salient similarities between firms and states regarding their internal and external effects and the standing of their members are addressed in order to asses the potential and limits of the argument, as well as three relevant differences regarding the voluntariness of their membership, the narrowness of their goals, and the stiffness of the competition they face. After considering these similarities and differences, the paper contends that the the parallel-case argument provides a sound reason in favor of democracy in the workplace—a reason, however, that needs to be importantly qualified and that is only pro tanto. (shrink)

This paper constitutes a defence of an affective account of emotion. I begin by outlining the case for thinking that emotions are just feelings. I also suggest that emotional feelings are not reducible to other kinds of feelings, but rather form a distinct class of feeling state. I then consider a number of common objections that have been raised against affective accounts of emotion, including: (1) the objection that emotion cannot always consist only of feeling because some emotions - (...) for example, indignation and regret - necessarily have a cognitive component (say, the perception of a lost opportunity in the case of regret); (2) the objection that emotion cannot consist only of feeling because in order to explain how emotions have intentional objects we will have to recognise that emotion consists of cognition; and (3) the objection that emotion cannot consist only of feeling because emotion, but not feeling, can be variously assessed or evaluated. However, I demonstrate how an affective account of emotion might be successfully defended against all of the objections that are cited. (shrink)

I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The (...) examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct (...) of the state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the (...) legitimacy of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)

Moral patients deserve moral consideration and concern – they have moral standing. What factors drive attributions of moral standing? Understanding these factors is important because it indicates how broadly individuals conceptualize the moral world, and suggests how they will treat various entities, both human and non-human. This understanding has recently been advanced by a series of studies conducted by both psychologists and philosophers, which have revealed three main drivers of moral standing: the capacity to suffer, intelligence or (...) autonomy, and the nature of an entity's disposition. These studies have also revealed causal links between moral standing and other variables of interest, namely, mental state attributions and moral behavior. In this review, I consider this recent research, aiming to clarify what the balance of evidence indicates about how moral standing is judged and about its links to mind perception and behavior. I conclude by suggesting open questions for future research on this exciting topic. (shrink)

Antony Duff has argued that an important precondition of criminal liability is that the state has the moral standing to call the offender to account. Conditions of severe social injustice, if allowed or perpetuated by the state, can undermine this standing. Duff’s argument appeals to the ordinary idea that a person’s own behaviour can sometimes negate his standing to call others to account. It is argued that this is an important issue, but that the analogy (...) with individual standing is problematic. Moreover, Duff’s account of standing needs to address two interconnected issues: first, when and in what way the state can lose its standing to call offenders to account, and second, over what range of offences. Key Words: criminal liability • Duff • punishment • social injustice. (shrink)

Any appeal to a right raises the question of a corresponding duty. If one bears a right, then who bears the duty to respect, protect, and enforce that right? In this essay, I contend that human rights claims need not be oriented to or reliant on the state. I start from and conclude with lessons from the 2016 protests at Standing Rock. Standing Rock, I argue, exemplifies critical theory that organizes communities through the language of human rights.

Suppose it is foreseeable that you will soon encounter a drowning child, whom you will only be able to rescue if you learn to swim. In this scenario we might think that you have a “prospective duty” to take swimming lessons given that this will be necessary to perform the future rescue. Cécile Fabre argues that, by parity of reasoning, states have a prospective duty to build and maintain military establishments. My argument in this essay pulls in the opposite direction. (...) First, I emphasize that learning to swim is only a prospective duty under very specific circumstances. Normally there is no such duty; hence, we do not normally think that people deserve moral censure for choosing to forego swimming lessons. I then argue that, similarly, while a prospective duty to build a military can arise under some conceivable circumstances, these are not the circumstances that most states today find themselves in. I then suggest a more fitting domestic analogy to guide our thinking about this issue: Maintaining a standing army is less like learning to swim and more like keeping an assault weapon in the home “just in case.” This analogy supports a defeasible presumption against militarization. (shrink)

Whereas Western moral philosophy has mainly accounted for recurrent failed or irrational actions through the concept of weakness of will, many early Chinese texts on self-cultivation, notably the Zhuangzi, stand for a philosophical position that explains our frustrations and failures as an "excess of the will." Leaving aside external factors such as accidents or mistakes, this essay explores the sources of thwarted plans and frustrated expectations that are due to factors internal to the individual—more precisely, to the nature of intentional (...) conscience. Such a view was generally inadmissible in Western moral philosophy, which revolves around the paradigm of a causal agent endowed with a 'muscular ethics' for which all that is desired, and indeed all that is achieved, may only be a direct effect of the will. In striking contrast to this orientation, the Zhuangzi presents a variety of situations in which things do not happen as planned because we were too aware of the plan that guided us. Here, I will use Jon Elster's concept of by-product states in order to explore this contrast between two contending models of action that, far from being culturally rooted, express an inner criticism in both traditions, European and Chinese. (shrink)

The legal order of the oceans has seen rapid developments and paradigm shifts. At least one of them has been described as a textbook example of a Grotian Moment: the emergence of the customary international law on the continental shelf, stemming from increased demand for oil and gas, coupled with technological advances and the Truman Proclamation of 1945. Now, eighty years later, the law of the sea is again faced with fundamental changes as the basis for maritime limits is eroded (...) by sea level rise. State practice, going back at least a century, has demonstrated that maritime limits normally fluctuate with physical changes to the coast. This understanding has not caused significant changes to the extent or location of maritime entitlements in a historical context. However, sea level rise stands to have catastrophic impacts as the submergence of individual coastal features can cause the loss of maritime areas spanning hundreds of thousands of square kilometres. This realisation has ignited a movement to change the law on maritime limits. Around 2010, the first States began to declare that their maritime limits would be stable, notwithstanding subsequent sea level rise. Several States and a coalition of States have since made similar declarations and the study of the ila Committee on International Law and Sea Level Rise indicates that the practice is in a phase of crystallisation. That suggests that new customary international law may be developing and the events leading to these developments might justify the use of the term Grotian Moment, leading to accelerated formation of customary international law or revised interpretation of the current law. The traditional requirements of State practice and opinio juris are not satisfied at present. However, the impacts of sea level rise on maritime limits may represent a moment of discovery that unveils a hidden truth about the law, overriding the traditional interpretation that renders maritime limits ambulatory. (shrink)

My Back Is To A Life Passed. A year, maybe more, in liminal space. Waiting. For a vaccine. For better therapeutics. For a political climate to shift. All the while, the actual climate turns against us.The waters rise in the East. Fires rage in the West.My back is to a life passed. Retirement, just before the pandemic. Post-retirement and lockdown, simultaneous. A turn to a writing life—solitary, self-directed, coming at a time when my options are limited. My go-to places for (...) connection and inspiration—museums, coffeehouses, lectures, and readings—all off-limits. The natural world, my cathedral, also inaccessible. The fires rage, and the air is unbreathable.Over morning coffee, in our quiet house, the windows shut against dangerously high particulates and a darkened sky, I read an article by Julian Lucas in The New Yorker, “When a Virus Becomes a Muse.” He reviews the work of Hervé Guibert, the French writer who died from AIDS in 1991. Guibert focused on the body. His young, sexual body, with its confounding insistence. His failing body, ravaged by disease. AIDS was his muse, blasting him into a wildly creative few years, writing four books in the last three years of his life (Lucas).How will this virus, the novel coronavirus, serve as muse? The pandemic sets limits: Where can I go? Who can I see? I live within constructs and limitations imposed much like the rules of poetic form. Within those—the sonnet, the haiku—how is language wrought? How sharp, how bright, its expression? If I cannot hug you, how do I show my devotion? In my separate state, how do I live connection? I have a new expression. Mouth and nose covered, only my eyes showing, framed by glasses I need in order to see, I punctuate exchanges at the checkout counter, and with the health-check staff at the entrance to my daughter's physical therapy facility, by forcing my eyes into a warm, glad squint. I want them to beam. From people's responses—the moment of recognition, the tender mirroring, the body tilting to the side, eyes crinkled, head nodding—I can tell that the beam is working. It took time to develop this new way. I learned that I have to smile with my mouth, with my whole face, even when it can't be seen, for my feelings to show.Life, like art, requires structure, the boundaries of form. How to structure a day? It could be embodied. Filled. Wasted. Or used. My back is to a life where hours and minutes had a particular meaning. I am no longer expected at work by a certain hour, nor to put in three hours before my morning break. The collective future, where we tossed plans, goals, places we would see—again, or for the first time!—cannot be reached over the smoothed and worn stepping-stones of, say, weeks until a holiday. The broad swaths of the day become the new metric. The slow, mounting morning. A walk, or a longer one, before getting to the bulk of the day's writing. The noontime pivot, heat of the day rising, the birds quiet. Lunch, and a few chores. Essential errands. Medical appointments.The downslope of afternoon, with its nagging refrain, in the time you have left... The swirling, heated world. Greta Thunberg, 16 years old, sails from Europe to the United States to address a conference on climate change. She sails, rather than flies, so as not to add to her carbon footprint. It takes time, that voyage. She waits on deck while moving toward her future. The past recedes. The stormy Atlantic rises.Is it any clearer now that the food chain originates not in boardrooms but in hot fields, that the first essential worker drops from the back of a truck before sunup with a knife and a crate held in roughened, swollen hands?At night, sitting on the sofa, we watch television, the police procedurals that offer entertainment. Escape and relief. The day has passed. These are the rewards for getting through another day of uncertainty, managing the anxiety of risking exposure in order to get groceries and prescriptions and to bring my daughter to physical therapy. The TV detectives we favor work in teams as they interview suspects, talk to witnesses, confer with one another as they refine their theories and move photographs and bits of evidence around on the bulletin board. Our shows always tie up nicely in the end. In my life now, without the team or the interviews or the meetings that keep the detectives connected, I pretend that I am one of them, that my notebooks and plot maps and drawings and time lines are all clues to a mystery that I will solve. Despite my enervated state, I get up, I work, I look at and handle all the materials I have acquired. The day passes. Each night, a reward for getting through the day. Another day. Standing between worlds. Waiting. (shrink)

This article explores the ethics of state borrowing to fulfil global responsibilities. Although borrowing may appear attractive in the face of budgetary pressures and an increased number of crises in a changing global order, the article argues that borrowing to fulfil global responsibilities is generally morally problematic. It presents two main objections to borrowing. First, borrowing is often likely to be unfair intergenerationally, violating the ‘Just Borrowing Principle’. Second, borrowing demonstrates a lack of sufficient commitment, violating the ‘Taking a (...) Stand Principle’, and therefore weakens the expressivist justification of measures to fulfil global responsibilities. (shrink)

This paper attempts to follow the changes in the concept “state” over the last two hundred years, by tracing changes in the aims of public education. Four major stages are identified. The first is characterized by the establishment of the nation-state, when a national and civic education are fused together. The second is marked by the erosion of the identity between state and nation, and by attempts to prevent this process through the development of contradictory educational strategies: (...) ‘neutral civic education’ and nation building through the mechanism of the ‘melting pot’. At the third stage, despite the above-mentioned efforts, the awakening of national minorities demanding special national education sharpens the distinction between civic and national education. This leads to the last stage, the politics of difference, when the nationally homogenous nation-state is replaced by a consciously heterogenous state. Such a state can grant all its members equal civil and national rights only if it endorses traditional liberal values. Hence, despite the fact they firmly criticize liberalism and attempt to revive particular national education supporters of the politics of difference cannot deny that liberal values and civic education offer the best protection for their own ends. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The State by Philip PETTITSteven B. SmithPETTIT, Philip. The State. Princeton, N.J.: Princeton University Press, 2023. 376 pp. Cloth, $39.95The dust-jacket of this book announces a bold claim: “The future of our species depends on the state.” Ever since the Treaty of Westphalia, the state has been regarded as the basic unit of political legitimacy, and yet the state has never ceased to (...) have its critics. From the left, the state has been regarded as failing to realize a normatively appealing ideal of justice that, it is believed, can be achieved only in some form of post-sovereign organization. From the right, the state has been seen as an agent of collectivization that threatens individual liberty and the right to property. Philip Pettit hopes to deflect both of these [End Page 159] complaints in his defense of the state as the indispensable political institution.This is a big and complex book that defies easy summary. Its core attempts to define the nature and limits of the “modern state” even if the term modern and how this differs from other alternative forms of political association is never explored. On Pettit’s realist account, the state will acquire legitimacy, not by holding it to rigorous standards of justice, but if it is able to achieve a rough balance of power between rulers and ruled. This standard does not require equality between the rulers and the ruled or even among the ruled themselves, but it does presuppose the value of stability that is a necessary requisite for any desirable polity. Pettit is, after all, the author of a book on Hobbes, and The State may be seen as an attempt to adapt and update Leviathan.Like Hobbes, Pettit insists that the attainment of political order is a precondition for any possibility of justice. Reversing Rawls’s famous dictum, it is order, not justice, that is the first virtue of social institutions. The author insists that the “functional polity” may fall well short of absolute justice, but this is because the state is related to justice in the way that prudence is related to morality. I wish this point had been more fully developed. It suggests a sphere of political ethics that stands somewhere between Machiavellian power politics and Kantian ideal theory. It suggests that politics requires a degree of prudential flexibility and latitude that cannot be reduced to norms or laws. But how prudence is related to justice, Pettit tantalizingly holds open for another book.The state that Pettit endorses sounds above all like the modern liberal state. The state will serve its ends when it provides for the rule of law that gives each citizen the freedom to act with impunity under legal protection. Sounding like Montesquieu’s famous definition of liberty as “that tranquility of spirit which comes from the opinion each one has of his security,” Pettit suggests that “the fully functional state should give each citizen a reliable, determinate zone of legal security, however limited it may be, within which they can decide on how they want to live their lives.” Isaiah Berlin could not have said it better.The book is divided into two large sections. The first deals with what might be called the metatheory of the state focusing on the rule of law, individual and corporate agency, and a theory of “decentralized” sovereignty. The second part deals with the functions of the state proper. These include the collective power of the people to challenge the sovereign—the best part of the book in my opinion—a defense of individual rights, and the ability of the state to intervene in the economy. Each of these claims, I expect, will give rise to heated debate, but I cannot develop them here.One of the more striking claims of Pettit’s book is the statement that “there has been little work on the theory of the state in the sense in which we pursue it here.” Much may hinge on the meaning of that last phrase, but as for the first part of the sentence, it is literally head scratching. Pettit acknowledges the importance of Bodin, Hobbes, Locke, Rousseau, and [End... (shrink)

MV-algebras stand for the many-valued Łukasiewicz logic the same as Boolean algebras for the classical logic. States on MV-algebras were first mentioned [20] in probability theory and later also introduced in effort to capture a notion of `an average truth-value of proposition' [15] in Łukasiewicz many-valued logic. In the presented paper, an integral representation theorem for finitely-additive states on semisimple MV-algebra will be proven. Further, we shall prove extension theorems concerning states defined on sub-MV-algebras and normal partitions of unity generalizing (...) in this way the well-known Horn-Tarski theorem for Boolean algebras. (shrink)

A novel photon-based proton model is developed. A proton’s ground state is assumed to be coherent to the degree that all of its mass-energy precipitates into a single uncharged spherical structure. A quantum vortex, initiated by the strong force, but sustained in the proton’s ground state by the circular Unruh effect and a spherical Rindler horizon, is proposed to confine the proton’s mass-energy in its ground state. A direct connection between the circular Unruh effect, the zitterbewegung effect, (...) spin, and general relativity is proposed. Such a structure acts as an uncharged zitterbewegung fermion, and may explain neutrino mass. A ground-state proton’s central zitterbewegung fermion is assumed to be surrounded by a halo of charge shells of both signs. Virtual photon standing waves are assumed to synchronize the inner shell with the central zitterbewegung fermion. The charge shells are proposed to be associated with isospin and proton g-factor. There are only two model inputs—proton mass and quantized electronic charge—and just one adjustable parameter. The adjustable parameter, reduced only by about 0.4% from an initial estimate, provides the proton’s experimentally determined magnetic moment to arbitrary precision. The resulting modeled proton charge radius agrees very well with the 2018 CODATA value. Magnetic moment and charge radius are calculated algebraically in a manner easily understood by undergraduate physics students. This proposed ground-state proton model could be considered a low-energy approximation to a full quantum chromodynamical proton model. (shrink)