The phenomenon of Public Interest Litigation [PIL] is a judicially crafted one and primarily consists of the constitutional court’s expansion of fundamental rights on the one hand, and procedural innovations to create better opportunities for disadvantaged groups to gain access to the legal system on the other. It has created a renewed conception of justice, and has enabled the court to augment and validate its own authority as the “guardian” of the public welfare, and as the constitutionally appointed branch of (...) the state to enforce the rights of the “public”. PIL at one level appears to have enabled the justice system and laws to define and shape social and political interactions and to channelize democratic pressures for gaining a response from the state. But it has also been a process by which law and justice emerge from social and political interaction. This new interaction between the realm of judicial decision making and state governance has created adjustments and adaptations and the creation of new legal acts, as well as systemic tensions and conflicts. The paper concludes by looking at broader questions that PIL generates for processes of civic participation, representative democracy and democratic polity under the constitution. (shrink)

The phenomenon of Public Interest Litigation [PIL] is a judicially crafted one and primarily consists of the constitutional court’s expansion of fundamental rights on the one hand, and procedural innovations to create better opportunities for disadvantaged groups to gain access to the legal system on the other. It has created a renewed conception of justice, and has enabled the court to augment and validate its own authority as the “guardian” of the public welfare, and as the constitutionally appointed branch of (...) the state to enforce the rights of the “public”. PIL at one level appears to have enabled the justice system and laws to define and shape social and political interactions and to channelize democratic pressures for gaining a response from the state. But it has also been a process by which law and justice emerge from social and political interaction. This new interaction between the realm of judicial decision making and state governance has created adjustments and adaptations and the creation of new legal acts, as well as systemic tensions and conflicts. The paper concludes by looking at broader questions that PIL generates for processes of civic participation, representative democracy and democratic polity under the constitution. (shrink)

Amartya Sen has recently leveled a series of what he alleges to be quite serious very general objections against Rawls, Rawlsian fellow travelers, and other social contract accounts of justice. In The Idea of Justice, published in 2009, Sen specifically charges his target philosophical views with what calls transcendentalism, procedural parochialism, and with being mistakenly narrowly focused on institutions. He also thinks there is a basic incoherence—arising from a version of Derek Parfit’s Identity Problem—internal to the Rawslian theoretical apparatus. Sen (...) would have political philosophy pursue intersocietal comparisons of relative justice more directly and in the manner of social choice theory. Yet the positive argument he develops in support of this method is quite thin. That aside, Sen’s polemical strategy of inflicting death by a thousand cuts is ineffective against the Rawlsian paradigm. For, as I show herein, none of these criticisms have the force we might be led to expect. (shrink)

In The idea of justice (2009), Amartya Sen builds on his previous work on capabilities to develop a theory of comparative justice which he contrasts to the contractarian approach. The theory has two parts: the proper materials of justice (capabilities); and, a procedure for assessing those materials. The procedure that Sen advocates is one of open impartial deliberation operationalised through Adam Smith's impartial spectator, which he contends is superior to contractarian view operationalised by Rawls’ original position. In this paper we (...) argue that Sen's open impartiality is too open and defend a more bounded version as more workable regardless of the operationalising device used. Moreover, we demonstrate that Sen's own arguments against the possibility of agreement, though aimed at the contractarian tradition, undermine his own attempts to generate a contentful account of justice by driving a wedge between the materials and procedures. Sen's attempt to provide an alternative approach to political philosophy, we conclude, fails. (shrink)

Ingolf U. Dalferth studies the complexity of this procedure in three thought processes which deal with the central concepts in the Christian understanding of malum as privation (a lack of good), as evil-doing and as a lack of faith.

In this paper we argue that Sen's defence of liberal democracy suffers from a moralistic and pro-liberal bias that renders it unable to take pluralism as seriously as it professes to do. That is because Sen’s commitment to respecting pluralism is not matched by his account of how to individuate the sorts of preferences that ought to be included in democratic deliberation. Our argument generalises as a critique of the two most common responses to the fact of pluralism in contemporary (...) (i.e. post-Rawls) liberalism: a broadly procedural understanding of autonomy and the idea of deliberative democracy. That is to say, the difficulties with pluralism we identify can be traced back to the particular version of Kantian deontology prevalent in contemporary liberalism, and to the equally prevalent aspiration to ground political legitimacy in a moralised consensus. (shrink)

Fundamental questions in value sensitive design include whether and how high-tech products/artefacts could embody values and ethical ideals, and how plural and incommensurable values of ethical and social importance could be chosen rationally and objectively at a collective level. By using a humanitarian cargo drone study as a starting point, this paper tackles the challenges that VSD’s lack of commitment to a specific ethical theory generates in practical applications. Besides, it highlights how mainstream ethical approaches usually related to VSD are (...) incapable of solving main ethical dilemmas raised by technological design for well-being in democratic settings. Accordingly, it is argued that VSD’s ethical-democratic import would substantially be enhanced by the espousal of a procedural ethics stance and the deliberative approach to value and welfare entailed by Amartya Sen’s capability approach. Differently from rival ethical–political theories, its normative and meta-ethical foundations better handle human diversity, value-goal pluralism, conflicting vested interests as well as the epistemic-moral disagreements typical of contemporary complex democracies. Particularly, Sen’s capability approach procedural-deliberative tenets result in an “objective-impartial” choice procedure selecting a “hierarchy” of plural incommensurable values and rational goals thus, suitable to validate an applied science such as welfare-oriented technological design in concrete social environments. Conclusions suggest that refining VSD with a capability-based procedural approach to ethics fosters the concern for democracy and social justice while preserving vital scientific-technical standards. Major advantages are at an applied level to delivering ethically and socially justified, but yet highly functional technologies and high-tech products/artefacts. (shrink)

Vivons-nous dans un monde " désenchanté " ? Constater l'emprise de la rationalité instrumentale, voire procédurale, ne devrait pas nous faire oublier que modernité et processus de rationalisation ne se sont imposés, au travers de changements lexicaux notables, qu'après avoir remplacé par d'autres les plus anciennes représentations relatives à la condition humaine. D'hier à aujourd'hui, l'imaginaire n'est donc pas moindre. En revanche, nos capacités d'imaginer se sont dangereusement amenuisées, en même temps que l'imagination est devenue suspecte, sinon coupable, de nous (...) détourner de l'action responsable. Do we live in a " disenchanted " world ? Once we note the ascendancy of instrumental and even procedural rationality, we should not forget that modernity and the process of rationalisation have prevailed only after having replaced the oldest representations of the human condition, and moreover through important lexical changes. This implies that the imaginary has not decreased overnight. On the other hand, our capacities of imagination have diminished dangerously, whereas in the same time imagination is suspected or even accused of turning us away from responsible action. (shrink)

Gary Becker and others have done important work to broaden the content of self interest, but have not departed from seeing rationality in terms of the exclusive pursuit of self-interest. One reason why committed behavior is important is that a person can have good reason to pursue objectives other than self interest maximization (no matter how broadly it is construed). Indeed, one can also follow rules of behavior that go beyond the pursuit of one's own goals, even if the goals (...) include non-self-interested concerns. By living in a society, one develops possible reasons for considering other people's goals as well, which takes one beyond an exclusive concentration on one's own goals, not to mention the single-minded pursuit of one's own self interest. The recognition of other people's goals may be a part of rational thought. If rational behavior may depart from the relentless pursuit of one's own goals, commitment has to be important in a theory of rationality. Furthermore, seeing the role of commitment in human behavior can have explanatory importance in allowing us to understand behavior patterns that are hard to fit into the narrow format of contemporary rational choice theory. Commitment is, thus, important both for practical reason and for causal explanation. (shrink)

And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...

本书是王森先生的遗作,如1989年出版的《中国逻辑史·唐明卷》中的《藏传因明》一章;梵文汉译的《胜论经》;梵文古写本《七句义论》校注;《正理滴论》、《中论》、《辨中边论》梵藏汉文会勘;贝叶本《俱舍论颂 》梵藏汉文索引;以及《正理滴论》梵汉对照索引等.

Sen’s “The Impossibility of a Paretian Liberal” was meant to crystallize his fundamental criticism against the welfaristic basis of welfare economics in general, and social choice theory in particular. This paper vindicates Sen’s criticism, arguing that its logical relevance is not lost in light of recent criticisms against his method of articulating individual rights in terms of a person’s decisive power in social choice. We show that some recent proposals that Sen’s articulation failed to capture a strong libertarian tradition of (...) free contract and that an appropriate formulation of this tradition wipes off the Sen impossibility cannot be sustained. We then show that the game form articulation of rights casts serious doubts on the Sen articulation of liberty, but the Sen impossibility strenuously comes back in the context of realizing conferred game form rights as well as in the context of initial conferment of game form rights. (shrink)

Colloquially, episodic memory is described as “the memory of personally experienced events”. Even though episodic memory has been studied in psychology and neuroscience for about six decades, there is still great uncertainty as to what episodic memory is. Here we ask how episodic memory should be characterized in order to be validated as a natural kind. We propose to conceive of episodic memory as a knowledge-like state that is identified with an experientially based mnemonic representation of an episode that allows (...) for a mnemonic simulation thereof. We call our analysis the Sequence Analysis of Episodic Memory since episodes will be analyzed in terms of sequences of events. Our philosophical analysis of episodic memory is driven and supported by experimental results from psychology and neuroscience. We discuss selected experimental results that provide exemplary evidence for uniform causal mechanisms underlying the properties of episodic memory and argue that episodic memory is a natural kind. The argumentation proceeds along three cornerstones: First, psychological evidence suggests that a violation of any of the proposed conditions for episodic memory amounts to a deficiency of episodic memory and no form of memory or cognitive process but episodic memory fulfills them. Second, empirical results support a claim that the principal anatomical substrate of episodic memory is the hippocampus. Finally, we can pin down causal mechanisms onto neural activities in the hippocampus to explain the psychological states and processes constituting episodic memory. (shrink)

This book develops some of the most important themes of Sen's works over the last decade. He argues in a rich and subtle approach that we should be concerned with people's capabilities rather than their resources or welfare.

Commodities and Capabilities presents a set of inter-related theses concerning the foundations of welfare economics, and in particular about the assessment of personal well-being and advantage. The argument presented focuses on the capability to function, i.e. what a person can do or can be, questioning in the process the more standard emphasis on opulence or on utility. In fact, a person's motivation behind choice is treated here as a parametric variable which may or may not coincide with the pursuit of (...) self-interest. Given the large number of practical problems arising from the roles and limitations of different concepts of interest and the judgement of advantage and well-being, this scholarly investigation is both of theoretical interest and practical import. (shrink)

Leśniewski is known for his pedantry and idiosyncratic notation, which make it extremely difficult to read and follow. As reading comes before understanding, this paper therefore attempts only one...

Investor recommendation is a critical and challenging task for startups, which can assist startups in locating suitable investors and enhancing the possibility of obtaining investment. While some efforts have been made for investor recommendation, few of them explore the impact of startups’ features, including partners, rounds, and fields, to investor recommendation performance. Along this line, in this paper, with the help of the heterogeneous information network, we propose a FEatures’ COntribution Measurement approach of startups on investor recommendation, named FECOM. Specifically, (...) we construct the venture capital heterogeneous information network at first. Then, we define six venture capital metapaths to represent the features of startups that we focus on. In this way, we can measure the contribution of startups’ features on the investor recommendation task by validating the recommendation performance based on different metapaths. Finally, we extract four practical rules to assist in further investment tasks by using our proposed FECOM approach. (shrink)

Based on the 1972 Radcliffe Lectures, this book presents a systematic treatment of the conceptual framework as well as the practical problems of measurement of inequality.

This paper is about three distinct but interrelated problems: (1) the role 0f rights in moral theory, (2) thc characterization 0f agent relative values and their admissibility in consequ<—:ncc—bascd evaluation, and ( 3) the nature 0f moral evaluation 0f states 0f aihirs.

Name der Zeitschrift: Das Mittelalter Jahrgang: 20 Heft: 1 Seiten: 115-138.

17. yy. da Osmanlıların bir eyaleti olan Trablusgarb’da doğup büyüyen Ahmed b. Huseyn el-Behlûl, Mısır’ın önemli ilim adamlarından eğitim almış sonra memleketine dönmüştür. Osmanlı dönemi şairi Ahmed el-Behlûl, şairlik yönünün yanı sıra Akâid sahasında Durretu’l-‘Akâi’d, Fıkıh sahasında el-Mu‘ayyene ve el-‘Izziyye ve Arap Dili ve Edebiyatı sahasında el-Makâmetu’l-Vitriyye gibi eserleri telif ederek çeşitli sahalarla ilgilenmiş bir âlimdir. Behlûl, ed-Durru’l-Asfâ ve’z-Zebercedu’l-Musaffâ fî Medhi’l-Mustafâ ismiyle meşhur divânını tamamıyla Hz. Muhammed’i medhe tahsis etmiştir. Başta Libya olmak üzere Kuzey Afrika’da meşhur olan Divan, Kâdî ‘İyâz’ın (...) el-‘Iyâdiyye isimli manzumesine yazılmış bir tahmis olup Arap alfabesinin 29 harfinin her biriyle başlayıp beşlemelerin sonlarını da yine aynı harfle bitirdiği 29 kasideden oluşur. Şair, divanında Hz. Peygamber’in doğumu, nesebi, güzel ahlakı ve şemâili, mucizeleri, şirkin onunla ortadan kalktığı, şefaati, peygamberler arasındaki üstünlüğü, yaşadığı kutsal mekânlar, O’na duyulan özlem, O’na, Ehli Beytine ve Ashabına salavât getirmenin önemi, O’nun günah ve hatadan kurtarıcı olması ve ümmeti olmanın ayrıcalığı konularına değinmiştir. (shrink)

I am embarrassed at being placed in the dizzying company of one of the truly great thinkers in the world. The similarities between Mill's ideas and mine partly reflect, of course, his influence on my thinking. But I also discuss some difficulties in taking Mill's whole theory without modification, since there are internal tensions within it. In a paper I published in 1967, I tried to discuss how Mill's willingness to hold on to some contrary positions depended on the nature (...) of his empirical reading of the world. I draw on that diagnosis in commenting on some of the articles here. There are some serious issues of misinterpretation in one of the articles, which I try to clarify. I also comment on Arrow's interpretation of what is involved in the idea of autonomy and on his own way of assessing freedom, and acknowledge the seriousness of the questions he raises about the value of freedom in normative political philosophy. (shrink)