Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable (...) and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality. (shrink)

In this paper, constructions of free algebras corresponding to multiplicative classical linear logic, its affine variant, and their extensions with -contraction () are given. As an application, the cardinality problem of some one-variable linear fragments with -contraction is solved.

What does it take to be subjectively free in an objectively rational social order? In this book Andreja Novakovic offers a fresh interpretation of Hegel's account of ethical life by focusing on his concept of habit or 'second nature'. Novakovic addresses two central and difficult issues facing any interpretation of his Philosophy of Right: why Hegel thinks that it is is better to relate unreflectively to the laws of ethical life, and which forms of reflection, especially critical reflection, remain (...) available within ethical life. Her interpretation draws on numerous parts of Hegel's system, particularly on his 'Anthropology' and his Phenomenology of Spirit, and also explores connections between his account and those of other philosophers. Her aim is to argue that Hegel has a compelling conception of the ordinary ethical standpoint which takes seriously both the virtues and the perils of reflection. (shrink)

In this paper, we consider multiplicative-additive fragments of affine propositional classical linear logic extended with n-contraction. To be specific, n-contraction (n 2) is a version of the contraction rule where (n+ 1) occurrences of a formula may be contracted to n occurrences. We show that expansions of the linear models for (n + 1)- valued ukasiewicz logic are models for the multiplicative-additive classical linear logic, its affine version and their extensions with n-contraction. We prove the finite axiomatizability for the classes (...) of finite models, as well as for the class of infinite linear models based on the set of rational numbers in the interval [0, 1]. The axiomatizations obtained in a Gentzen-style formulation are equivalent to finite and infinite-valued ukasiewicz logics. (shrink)

Hegel frequently identifies ethical life with a “second nature.” This strategy has puzzled those who assume that second nature represents a deficient appearance of ethical life, one that needs to be overcome, supplemented, or constantly challenged. I argue that Hegel identifies ethical life with a second nature because he thinks that a social order only becomes a candidate for ethical life, if it provides a context conducive to the development of what I call “real habits.” First, I show that a (...) criterion for a real habit can be found in Hegel's Anthropology, namely, that of liberation. Next, I explain how the state, as Hegel analyzes it in the Philosophy of Right, provides such an environment by enabling trust toward and within it. I then consider two literary examples of contexts that fail to be similarly supportive—Coates' Between the World and Me and Atwood's Handmaid's Tale—concluding with reasons for thinking that real habits are an integral part of ethical life. (shrink)

Kaj učimo, ko v sodobni slovenski gimnaziji učimo latinsko? S kakšnimi cilji vstopamo v razrede, kaj pričakujemo, da bodo naši dijaki znali? Navedena vprašanja so le na videz preprosta. V najbolj pragmatičnem smislu nanje odgovarja veljavni učni načrt za latinščino, ki niza cilje pouka in s tem pričakovane zmožnosti dijakov. V tem prispevku skušam slednje osvetliti z zornega kota prakse in sicer z vpogledom v slovensko državno tekmovanje v znanju latinščine, namenjeno di­jakom tretjega letnika gimnazije. Ob tem izhajam iz predpostavke, (...) da je tekmovalne naloge moč vsaj do določene mere imeti za »praktično« dopolnilo učnemu načrtu, za dovolj reprezentativne odgovore na vpra­šanje, kaj si pod začrtanimi cilji predstavljamo povsem pragmatično, in tako tudi za ilustrativen prikaz naših skupnih pričakovanj o tem, katere kompetence naj bi dijaki po skoraj treh letih gimnazijskega učenja imeli. Tekmovalne naloge, deloma pa tudi dileme, ki jih pred ocenjevalce postavlja točkovanje odgovorov, mi obenem služijo kot osnova za razmislek o tem, kje ležijo prednosti in didaktični izzivi sodobnega pouka latinščine. (shrink)

The paper analyses a short scene that forms part of the opening of Sophocles’ Aias : Aias, suffering from the madness that was inflicted upon him by Athena, is displayed by the goddess to Odysseus. In the corpus of extant ancient drama, this inset appears to be unique. Its expressive power is derived from the scene’s specific structure that doubles the integral elements of theatre. The paper suggests the reasons why the scene has often been labeled “a play-within-a-play,” describing and (...) illustrating the elements that can be paralleled with the structural components of theatre. Taking as basis concepts and ideas proposed by modern theatre theoreticians, the paper argues that the essence of the performative dimension of the scene is to be found in the phenomenon of the “ostentation act” first described by Umberto Eco. Tracing the meaning of the inset within the tragedy as a whole, the paper emphasizes the fact that the “ostentation” in Aias is a divine creation, and examines how Odysseus, a privileged recipient of the spectacle, reacts to the display of Aias’ shameful condition. (shrink)

Several philosophers have argued that ‘constraints’ constrain (and thereby explain) by virtue of being modally stronger than ordinary laws of nature. In this way, a constraint applies to all possible systems, for a variety of possibility that is broader (that is, more inclusive) than the variety we employ when we say that the ordinary laws of nature apply to all physically possible systems. Explanations by constraint are thus more broadly unifying than ordinary causal explanations. Philosophical examples of good candidates for (...) constraints have heretofore been drawn almost exclusively from fundamental physics. This paper argues for the existence of such constraints (even multiple levels of them) in at least one human science (linguistics), not just in physics. (shrink)

This article explores how the Slovenian women's lifestyle magazine Naša žena (Our Woman) helped the Yugoslavian socialist project construct and shape the ideal socialist woman, and argues that she became the crucial ally in implementing socialist ideas in the everyday lives of Slovenians. The article shows how texts on food preparation and consumption, as well as those touching on household management and family care, published in Naša žena from 1960 to 1991 played an important part in the ‘civilising’ process that (...) shaped behaviour, directed cultural and social practices, influenced social relations and constructed women's identities during socialism. We show how food-related texts (articles, recipes, columns, advertisements and advertorials) were never far removed from the larger political and economic socialist realities. In fact, they bore witness to changes in living standards and told stories about gender regimes, socialist ideologies and fantasies. These texts belong to a corpus of social transcripts that guide collective understandings of what it means to select, prepare, cook and eat food; what constitutes good cooking and eating; and who is responsible for preparing meals. Despite official socialist feminist rhetoric about freeing women from backward patriarchal arrangements, this article shows that texts offering food-related advice in socialist Yugoslavia contained explicit instructions for the ‘correct’ performance of the social roles of women, legitimising women's roles as worker, mother, wife and housekeeper. Above all, a woman was to be an ‘engineer’ of the private domain whose goals were to feed her family and keep the nation healthy and hence productive, and to modernise her kitchen in support of the technological and economic development of Yugoslavia. (shrink)

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

This book aims to re-think the way in which the subject is inscribed in the modern political, and does so by exploring the potentiality of Lacano-Deleuzian theoretical framework. It concerns a different ontology and a non-dualist understanding of political and legal existence, by focusing on questions such as _how to think alternative notions of political existence_ and _what kind of political, social and legal order do these come to create. _ This investigation into political appearance of subjects through concepts of (...) law, body and life is led and influenced by the thought of Gilles Deleuze and Jacques Lacan, as well as Alain Badiou, Antonio Negri and Slavoj Žižek. The book takes on various conceptualisations of life, explores the relationship between law and life and develops an alternative notion of legal and political existence in particular in the context of rights. On the back of Guantánamo’s legal and political discourses this work aims to show why and how the problems of world politics or the limitations of rights discourse require an engagement with questions such as what it means to exist as a human being, what forms of life are politically recognised, which are not, and why this distinction. By pointing to a different ontology for thinking and understanding global politics and demonstrating how a trans-disciplinary and philosophical approaches can foster the debates in world politics, this book will be of interest to postgraduates and scholars working on critical normative ideas in international politics, critical security studies and critical legal studies. (shrink)

Hegel's Science of Logic tracks the self-contained and self-generated development of what Hegel calls the concept. My question is: can the concept in the Logic surprise itself? I argue that the answer to that question is yes—the concept can surprise itself when it rediscovers itself in a place it did not expect to be. I first clarify the kind of perspective that the Logic asks us as readers to occupy and its difference from the perspective inside the ‘opposition’ of consciousness. (...) I then provide an example of the concept's self-surprise, namely, the transition from subjective to realized purpose in the Subjective Logic. I conclude by drawing out some implications of self-surprise for Hegel's method in the Logic and in the subsequent Realphilosophie. (shrink)

Williams’s attack on the ‘morality system’ in Ethics and the Limits of Philosophy was preceded by his famous but misunderstood essay ‘Moral Luck’. This essay pursues two principal aims. First and foremost, I take a fresh look at Williams’s argument in ‘Moral Luck’, to assess its defensibility. Second, I investigate how Williams’s treatment of moral luck shapes and informs the wider assault on the ‘morality system’ which reached its fullest expression in the later work. We can learn something about both (...) of Williams’s projects—his defence of moral luck, and his attack on the morality system—by seeing how each of these projects contributes to the other. Drawing on Williams’s discussion of Gauguin’s desertion of his family for a life of artistic endeavour in Tahiti, six interpretations of Williams’s argument are suggested. While some of these are better than others, none is completely satisfying or convincing. It is suggested, in conclusion, that the attack on anti-luckism does not make an indispensable contribution to Williams’s attack on the morality system. (shrink)

In this paper, we introduce connectification operators for intuitionistic and classical linear algebras corresponding to linear logic and to some of its extensions withn-contraction. In particular,n-contraction (n2) is a version of the contraction rule, wheren+1 occurrences of a formula may be contracted ton occurrences. Since cut cannot be eliminated from the systems withn-contraction considered most of the standard proof-theoretic techniques to investigate meta-properties of those systems are useless. However, by means of connectification we establish the disjunction property for both intuitionistic (...) and classical affine linear logics withn-contraction. (shrink)

In this paper, constructions of free ordered algebras on one generator are given that correspond to some one-variable fragments of affine propositional classical logic and their extensions with n-contraction (n ≥ 2). Moreover, embeddings of the already known infinite free structures into the algebras introduced below are furnished with; thus, solving along the respective cardinality problems.

In this paper, constructions of free ordered algebras on one generator are given that correspond to some one-variable fragments of affine propositional classical logic and their extensions with n-contraction. Moreover, embeddings of the already known infinite free structures into the algebras introduced below are furnished with; thus, solving along the respective cardinality problems.

This paper deals with some strengthenings of the non-directional product-free Lambek calculus by means of additional structural rules. In fact, the rules contraction and expansion are restricted to basic types. For each of the presented systems the usual proof-theoretic notions are discussed, some new concepts especially designed for these calculi are introduced reflecting their intermediate position between the weaker and the stronger sequent-systems.

The main purpose of this note is to present "difficult" embeddings of minimal and full intuitionistic logic into classical linear logic, and to prove their soundness and faithfulness. Moreover, it is also pointed out that Girard's translation of intuitionistic logic into classical linear logic is provably equivalent to one of the translations considered in this paper.

Autism Spectrum Disorder (ASD) is a neurodevelopmental condition characterized by social/communicative difficulties and perseverative behaviours. While research on autism has flourished recently, few studies have been conducted on the disorder in non‐Western contexts. In low‐ and middle‐income countries (LMICs), biomedical research on autism is required to better understand the needs of the population and to develop contextually appropriate interventions. However, autistic individuals are a vulnerable study population and LMICs present with various considerations. While the presentation of autism is heterogeneous, stigma (...) is a common social consequence affecting research. Drawing specifically on the South African context, the ethical intersections of these issues are discussed, along with the limitations of the current informed consent process. Community engagement is recommended as an adjunct to informed consent to ensure that biomedical research is conducted in a more inclusive way. Practical pointers are provided for implementing systematic support for conducting community engagement alongside biomedical research. (shrink)

This paper takes the removal of the Colston statue in Bristol in the summer of 2020 and the accompanying Black Lives Matter protest as a political setting which can help us explore the radical political potential of Ari Hirvonen’s work. In this intervention I return to some of the themes that his work continuously engages with (such as the question of the limits, transgressions of law, and ethical acts), and re-think them in the context of racial justice. This think-piece opens (...) with reconsideration of ethics and politics drawing on Hirvonen’s brilliant readings of the Antigone and his last book Ethics of Tragedy. By reading transgressions of law as forms of (productive) perversions, this intervention, explores ways in which a different kind of politics might emerge. If in most of his works, Hirvonen saw radical democracy as a vehicle for socio-political transformation, his last work, I argue, moves towards radical even revolutionary transformations. Here I propose to read actions taken by the contemporary racial justice groups as an attempt to embody ‘perversion as rebellion’ or perversion as resistance (both ideas found in Hirvonen’s work). (shrink)

A vital step to successfully orienting Deleuze with biosemiotics (and theories of biological complexity overall) is to discover a coherent scientific throughline in his work that also accounts for the aesthetic/creative dimension of his philosophy. This requires the heterodox move (from a Deleuzean point of view) of giving priority to the organism. I argue that Deleuze’s treatment of the organism does more than signal a superficial relation to biological complexity theory that, as a result of his nuanced take on the (...) matter, undermines the value of the organic body to his system. Instead, we can recognize a working theory of autopoiesis in the early Deleuze that scaffolds as well as substantiates his later ethological and biosemiotic observations and reveals a definite, albeit minimal, notion of subjectivity in his work. Most importantly, reorienting his logic of sense as a logic of sense-making, or the context-dependent signification between system and environment (Thompson, 2007), allows us to begin the work of mining a scientific throughline in Deleuze’s work akin to biological complexity theory that is of value to both Deleuze studies and biosemiotics. (shrink)

When anti-racist protestors toppled the statue of Edward Colston in Bristol in June 2020, British political elites across the left-rights spectrum, despite acknowledging that a statue of a slave trader has no place in the contemporary politics, called to firm the application of law and order. Through the example of Edward Colston, the essay examines what Lacan’s idea of perversion can reveal about the power relations between political elites and anti-racist protestors. It opens by discussing the impossibility of ethics in (...) political contexts, before turning to the question of jouissance and its role in the creation of a racialised other and political institutions (and myths of white supremacy). If jouissance of the other racialises the other as deviant, pervert’s jouissance is de-personalised and made to follow “a greater good”. In doing so, the essay argues that perversion reveals the logics of racial hierarchies, which underpin and maintain modern society. (shrink)

Hegel never wrote a treatise on the philosophy of history, though he lectured regularly on the subject between 1818 and 1831 in Berlin. The posthumously publish.

In the Preface to the Philosophy of Right, Hegel draws a favourable comparison between his project and Plato’s Republic, while making a critical comment about an example taken from Plato’s Laws. In...

Sir Ernst Gombrich and the Barber from Tuscany In the spirit of Sir Ernst Gombrich, this essay uses an anecdote—a chat between Gombrich and a barber from Tuscany—to illustrate a deeper point, namely, how cultural memory, tradition, and a canon give rise to an implied language of culture and cultural value. Gombrich staunchly defended tradition against relativism. By relativism, he meant something like "radical subjectivism." To his mind, subjectivism (in the cultural and social sense of the term) is not only (...) impossible, since meaning is conferred through culture and society, but it is also dangerous (in the cultural and ethical sense of the term), since it denies the existence of shared values. Against consensus on the one hand and radical subjectivism on the other, Gombrich advocated a middle way: criticism and self-criticism to ensure latitude; the search for "truth" to ensure a limited plurality of interpretations. (shrink)

The pattern of recourse to late medieval church courts suggests how late medieval Christians imagined their Church. Their choice of defendants, crimes, and punishments allowed them to define their communities. In the case of excommunication for debt, the use of procedural excommunications announced from the choir screen after the bidding prayers permitted the exclusion of debtors from the sacramental and economic community. Indeed, failure to pay one’s debts was as uncharitable as usury because the two communities were imperfectly distinguished – (...) until c. 1500. (shrink)

Humboldts texttheoretischer Ansatz, dessen Einfluß auf die moderne (Text-)Linguistik größer ist als bisher wahrgenommen, wird im ersten Teil dieses Bandes erstmals zusammenhängend nachgewiesen.

Our view is that fundamental appetitive and defensive motivation systems evolved to mediate a complex array of adaptive behaviors that support the organism’s drive to survive—defending against threat and securing resources. Activation of these motive systems engages processes that facilitate attention allocation, information intake, sympathetic arousal, and, depending on context, will prompt tactical actions that can be directed either toward or away from the strategic goal, whether defensively or appetitively determined. Research from our laboratory that measures autonomic, central, and somatic (...) reactions when processing emotional scenes is described which indicates that motivationally relevant cues, whether appetitive or defensive, capture attention preferentially, prompt enhanced perceptual processing and information gathering, and occasion metabolic arousal that mobilizes the organism for coping actions. (shrink)

Ethical approval must be obtained before medical research can start. We describe the differences in EA for an pseudonymous, non-interventional, observational European study. Sixteen European national coordinators of the international study on very old intensive care patients answered an online questionnaire concerning their experience getting EA. N = 8/16 of the NCs could apply at one single national ethical committee, while the others had to apply to various regional ECs and/or individual hospital institutional research boards. The time between applying for (...) EA and the first decision varied between 7 days and 300 days. In 9/16 informed consent from the patient was not deemed necessary; in 7/16 informed consent was required from the patient or relatives. The upload of coded data to a central database required additional information in 14/16. In 4/16 the NCs had to ask separate approval to keep a subject identification code list to de-pseudonymize the patients if questions would occur. Only 2/16 of the NCs agreed that informed consent was necessary for this observational study. Overall, 6/16 of the NCs were satisfied with the entire process and 8/16 were unsatisfied. 11/16 would welcome a European central EC that would judge observational studies for all European countries. Variations in the process and prolonged time needed to get EA for observational studies hampers inclusion of patients in some European countries. This might have a negative influence on the external validity. Further harmonization of ethical approval process across Europe is welcomed for low-risk observational studies. Getting ethical approval for low-risk, non-interventional, observational studies varies enormously across European countries. (shrink)