Although retribution for past human rights violations has its place in post-conflict processes of transition and reconciliation, there are many present and foreseeable circumstances in which the case may be made for immunity, amnesty, or sheer forbearance.

Roth argues that much of the current discourse on the diffusion of democratic norms is misleading and that only a realistic assessment of the progress of societies in transition will focus attention on the problems that remain to be solved.

When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference in (...) matters `essentially' within a state's domestic jurisdiction. Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism', with some expansively proclaiming the emergence of an international `right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy. This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy. The inquiry establishes that the category of `illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficient determinacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of `democratic governance,' nor would such a norm serve the purposes of the scheme of sovereign equality of states embodied in the United Nations Charter. (shrink)

This commentary suggests that there is more continuity in pre- and post-demographic transition populations with respect to grandparental investments than is assumed by Coall & Hertwig (C&H). Recent research employing high-quality data supports the claim that sex-biased grandparental investments are likely to exist in industrialized societies, and that the economic status of grandparents is related to their long-term fitness.

Prior to the end of the Cold War, the word 'democracy' was rarely used by international lawyers. Few international organisations supported democratic governance, and the criteria for recognition of governments took little account of whether regimes enjoyed a popular mandate. But the events of 1989–1991 profoundly shook old assumptions. Democratic Governance and International Law attempts to assess international law's new-found interest in fostering transitions to democracy. Is an entitlement to democratic government now emerging in international law? If so, what are (...) its normative foundations? How have global and regional organisations encouraged transitions to democracy, and are their efforts consistent with their constitutional frameworks? How should international law react to elections in which profoundly anti-democratic parties win the vote? In this volume, leading legal scholars grapple with these and other questions to assess the future of international law on this most domestic of questions. (shrink)

Martin Heidegger, 1889-1977, German philosopher and Sri Aurobindo, 1872-1950, Indian philosopher and nationalist.

Socioeconomic inequality is perpetuated and exacerbated by an overlooked yet serious epidemic of time theft: the act of causing others to lose their time without adequate cause, compensation, or consent. We explain why time theft goes unnoticed, how it drives socioeconomic inequality, and what businesses and policymakers can do to address it.

The United States is at a crossroad in its treatment of Chapter 11 of the Bankruptcy Code, which deals with reorganization of bankrupt organizations. It is vital that the issues surrounding the debate be properly framed. This paper attempts to do just that by reviewing the evolution of bankruptcy law, assessing the impact of Chapter 11 leniency on societal stakeholders, considering bankruptcy as a strategic option, and addressing the ethical and societal issues that arise from the use of Chapter 11 (...) to avoid massive litigation or to abrogate labor contracts. Serious threats to the underlying fibers of the American system of enterprise are exposed and an assessment of these threats is offered. (shrink)

This study sought to identify content on the federal budget, national debt, and budget deficit in the 12 most commonly used high school and college-leveleconomics textbooks. Our systematic review of these sources leads to two key findings: (1) Textbooks are similar in how they represent fiscal policy yet treatthe federal budget, deficit, and debt differently across the sample, and (2) Textbooks treat the federal budget, budget deficit, and national debt as theoretical, without an examination of values and systemic electoral and (...) budgetary politics. These findings lead us to argue that curriculum is needed that will permit a careful examination of how everyday citizens can gain knowledge, acknowledge values, and work towards a reasoned and realitybased view of what is at stake with regard to these issues in the 21st Century. (shrink)

It is widely held that the influence of risk on rational decisions is not entirely explained by the shape of an agent’s utility curve. Buchak (Erkenntnis, 2013, Risk and rationality, Oxford University Press, Oxford, in press) presents an axiomatic decision theory, risk-weighted expected utility theory (REU), in which decision weights are the agent’s subjective probabilities modified by his risk-function r. REU is briefly described, and the global applicability of r is discussed. Rabin’s (Econometrica 68:1281–1292, 2000) calibration theorem strongly suggests that (...) plausible levels of risk aversion cannot be fully explained by concave utility functions; this provides motivation for REU and other theories. But applied to the synchronic preferences of an individual agent, Rabin’s result is not as problematic as it may first appear. Theories that treat outcomes as gains and losses (e.g. prospect theory and cumulative prospect theory) account for risk sensitivity in a way not available to REU. Reference points that mark the difference between gains and losses are subject to framing, many instances of which cannot be regarded as rational. However, rational decision theory may recognize the difference between gains and losses, without endorsing all ways of fixing the point of reference. In any event, REU is a very interesting theory. (shrink)

In recent years, the full text of papers are increasingly available electronically which opens up the possibility of quantitatively investigating citation contexts in more detail. In this study, we introduce a new form of citation analysis, which we call citation concept analysis (CCA). CCA is intended to reveal the cognitive impact certain concepts—published in a highly-cited landmark publication—have on the citing authors. It counts the number of times the concepts are mentioned (cited) in the citation context of citing publications. We (...) demonstrate the method using three classical highly cited books: (1) The structure of scientific revolutions by Thomas S. Kuhn, (2) The logic of scientific discovery—Logik der Forschung: Zur Erkenntnistheorie der modernen Naturwissenschaft in German—, and (3) Conjectures and refutations: the growth of scientific knowledge by Karl R. Popper. It is not surprising—as our results show—that Kuhn’s “paradigm” concept seems to have had a significant impact. What is surprising is that our results indicate a much larger impact of the concept “paradigm” than Kuhn’s other concepts, e.g., “scientific revolution”. The paradigm concept accounts for about 40% of the concept-related citations to Kuhn’s work, and its impact is resilient across all disciplines and over time. With respect to Popper, “falsification” is the most used concept derived from his books. Falsification is the cornerstone of Popper’s critical rationalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Cambridge Companion to Greek and Roman PhilosophyBrad InwoodDavid Sedley, editor. The Cambridge Companion to Greek and Roman Philosophy. New York: Cambridge University Press, 2003. Pp. xiv + 396. Cloth, $65.00, Paper, $24.00.Readers of this journal are familiar with the Cambridge Companions. What is striking about this one is its broad sweep. A Companion to all of ancient philosophy will necessarily present the reader with a somewhat shallow (...) overview. Is this really such a good idea? What is its role, when there are already Companions to Early Greek Philosophy, Plato, Aristotle, The Stoics, and Plotinus? The editor answers this by aiming also to provide a "book to accompany survey courses on the history of ancient philosophy." It is challenging to provide an overview of the first millennium and more of Western philosophy, but this pedagogical goal is tougher. David Sedley has managed both tasks well. Although some chapters are not suitable hors d'oeuvres for beginners, all will nourish the hungry and whet the appetite for more. Even those chapters which amount to substantial entrées too rich for novices are excellent meat. There are no reheated leftovers. From beginning to end this is a feast of reason.The book makes abundant use of tables to present large amounts of complex material economically—lists of Plato's dialogues indicate topics, speakers and lengths; Roman philosophers are displayed with biographical notes, school affiliations, and major works; philosophical commentators are given with date and the author and work commented on; nineteen Presocratics are adorned with birthplace, date, key ideas and thumbnail comments. Many of the chapters cultivate an elegant but economical style which must be due in part to editorial encouragement and example. Though it is bound to skip over much, it avoids even the appearance of superficiality. Jill Kraye's chapter on "The legacy of ancient philosophy" to the medieval and modern world is a masterpiece of clarity and compression as well as a superb piece of intellectual history.Kraye's survey concludes the volume. Sedley's substantial introduction begins it by motivating the study of ancient philosophy through two characteristic questions, "What is a good human life?" and "Why isn't the earth falling?" and culminates in a highly informative guide to our various textual sources and a compact demonstration of how they become the editions and translations we use.Jonathan Barnes opens (ch. 1) with a homily on "Argument in ancient philosophy"; splendid stuff, but for all its lucidity, not an ideal appetizer for the survey course students I teach—it's a dessert better served later in the volume. Similarly thematic chapters on "Philosophy and literature" (ch. 8, Martha Nussbaum), "Philosophy and science" (ch. 10, R.J. Hankinson) and "Philosophy and religion" (ch. 11, Glenn Most) set ancient philosophy in broader context. Hankinson splendidly communicates the scientific agenda of the ancient world, perhaps over-emphasizing the mathematical sciences, Galen and scientific epistemology at the cost of "scientific" writers like Strabo, Pliny, and Vitruvius. Nussbaum concentrates on the fourth century B.C. at the expense of later centuries, but gives excellent value on the canonical texts, the Republic and the Poetics. Most's essay explores the interpenetration of religious themes with the philosophical (emphasizing how differently pagan religion interacted with philosophy than does any modern faith) and adds an acute though exaggerated set of observations on the religious quality of the ancient philosophical way of life. It would be hard to locate the saintly sages Most presents as typical in the logical landscape evoked by Barnes.The remaining chapters cover periods and major figures. Malcolm Schofield on the Presocratics (ch. 2), Sarah Broadie on the Sophists and Socrates (ch. 3), Christopher Rowe on Plato (ch. 4), John Cooper on Aristotle (ch. 5), Jacques Brunschwig and David Sedley on Hellenistic philosophy, A.A. Long on Roman (ch. 7), and Frans de Haas on Late ancient philosophy. The authors are all eloquent authorities and it's a menu with no bad choices—though I'm sure my undergraduates will find Cooper's treatment of the figures of Aristotle's syllogisms indigestible. I found Rowe's careful balance of old and new in his introduction to... (shrink)

Book Reviews R. Bracht Branham and Marie-Odile Goulet-Caz6, editors. The Cynics: The Cynic Move- merit in Antiquity and Its Legacy. Berkeley: University of California Press, x996. Pp. ix + 456. Cloth, $55.oo. The ancient philosophical biographer, Diogenes Laertius, included the Cynics in his array of philosophical schools despite their loose organization and lack of fixed doc- trine. He begins Book Six of his Lives of the Philosophers with the Socratic Antisthenes, lavishes more than half the book on Diogenes of Sinope, (...) includes minor figures such as Monimus and Onesicritus, tells us most of what we know about Crates of Thebes, his wife Hipparchia and her brother Metrocles, and concludes with short entries on Menippus and Menedemus. This only takes Cynicism down to the third century B.C., a point which marks the beginning of a slight lull in its visibility. But as this comprehensive and.. (shrink)

A critical examination of James Brown's Who Rules in Science?

Dr. K. Wray (2022) questioned my suggestion that T. W. Richards should be included as one of the scientists who contributed to the discovery of isotopes. This article provides additional support for inclusion of Richards as a contributor to the discovery.

Writing in 1999, legal ethics scholar Brad Wendel noted that “[v]ery little empirical work has been done on the moral decision making of lawyers.” Indeed, since the mid-1990s, few empirical studies have attempted to explore how attorneys deliberate about ethical dilemmas they encounter in their practice. Moreover, while past research has explored some of the ethical issues confronting lawyers practicing in certain specific areas of practice, no published data exists probing the moral mind of health care lawyers. As signaled (...) by the creation of a regular column “devoted to ethical issues arising in the practice of health law” in the Journal of Law, Medicine & Ethics, the time to address the empirical gap in the professional ethics literature is now. Accordingly, this article presents data collected from 120 health care lawyers. Presenting this population with a number of hypothetical scenarios relating to how they would respond when confronting an ethical dilemma without an obvious solution or when facing a situation in which their personal values were in tension with their professional obligations, this article represents a first step toward better understanding how lawyers who practice in health care settings understand and resolve the moral discomfort they encounter in their professional lives. (shrink)

In Faculty Misconduct in Collegiate Teaching, higher education researchers John Braxton and Alan Bayer address issues of impropriety and misconduct in the teaching role at the postsecondary level. Braxton and Bayer define and examine norms of teaching behavior: what they are, how they come to exist, and how transgressions are detected and addressed. Do faculty members across various collegiate settings, for example, share views about appropriate and inappropriate teaching behaviors, as they share expectations regarding actions related to research? (...) And what mechanisms are utilized to correct inappropriate behavior on the part of college and university teachers? The authors' work is based on survey results obtained from faculty members at research universities, liberal arts colleges, and two-year community, junior, and technical colleges. Braxton and Bayer's focus is on undergraduate teaching in four disciplines: biology, history, mathematics, and psychology. In their analyses, the authors examine how individual, disciplinary, and institutional differences influence professorial behavior. In contrast to the more explicitly understood and enforced rules of conduct in research, the authors find that teaching norms are informally defined and observed. They argue that a formal code of ethics for undergraduate teaching would serve the dual purpose of improving undergraduate education and elevating the status of college teaching. A groundbreaking study of contemporary academe, Faculty Misconduct in Collegiate Teaching is required reading for all university and college instructors and administrators. (shrink)

This paper starts by characterising moral requirements and everyday thought. Then ways in which moral requirements shape everyday thought are identified, including the way internalised moral requirements prevent some possible actions from even being considered. The paper then explains that everyday moral thought might be structured by dispositions to which there are corresponding principles even if these principles do not usually appear in the conscious thoughts of agents while they are engaged in everyday moral decision-making. Nevertheless, especially when conflicts between (...) moral considerations arise, alternative possible resolutions are typically framed in terms of principles. The paper pushes on to discuss how everyday moral thought is pushed to consider principles, engage in moral theorising, and even consider abstract moral theories. (shrink)

This book reconstructs in detail the older Stoic theory of the psychology of action, discussing it in relation to Aristotelian, Epicurean, Platonic, and some of the more influential modern theories. Important Greek terms are transliterated and explained; no knowledge of Greek is required.

The problem of the man who met death in Damascus appeared in the infancy of the theory of rational choice known as causal decision theory. A straightforward, unadorned version of causal decision theory is presented here and applied, along with Brian Skyrms’ deliberation dynamics, to Death in Damascus and similar problems. Decision instability is a fascinating topic, but not a source of difficulty for causal decision theory. Andy Egan’s purported counterexample to causal decision theory, Murder Lesion, is considered; a simple (...) response shows how Murder Lesion and similar examples fail to be counterexamples, and clarifies the use of the unadorned theory in problems of decision instability. I compare unadorned causal decision theory to previous treatments by Frank Arntzenius and by Jim Joyce, and recommend a well-founded heuristic that all three accounts can endorse. Whatever course deliberation takes, causal decision theory is consistently a good guide to rational action. (shrink)

A timely and penetrating investigation, this book seeks to transform moral philosophy. In the face of continuing disagreement about which general moral principles are correct, there has been a resurgence of interest in the idea that correct moral judgements can be only about particular cases. This view--moral particularism --forecasts a revolution in ordinary moral practice that has until now consisted largely of appeals to general moral principles. Moral particularism also opposes the primary aim of most contemporary normative moral theory that (...) attempts to show that either one general principle, or a set of general principles, is superior to all its rivals. (shrink)

Розкрито сутність поняття «рейтинг». Доведено значущість рейтингової оцінки для суб’єктів фінансового ринку, зокрема для страхових компаній, потенційних страхувальників, інвесторів та кредиторів.

Consider the following causal exclusion principle: For all distinct properties F and F* such that F* supervenes on F, F and F* do not both cause a property G. Peter Menzies and Christian List have proven that it follows from a natural conception of causation as difference-making that this exclusion principle is not generally true. Rather, it turns out that whether the principle is true is a contingent matter. In addition, they have shown that in a wide range of empirically (...) ordinary cases, it follows that F* causes G and F does not. These cases plausibly include instances where F* is a mental property and F and G are physical properties. If this is the right conception of causation, it therefore turns out that the physical world is not causally closed. In this paper I show that there is an alternative conception of causation as difference-making that does not have the same consequences. Whether the physical world is causally closed therefore turns out to depend, inter alia, on which conception of difference-making is correct. I give a number of arguments for the alternative conception of difference-making. (shrink)

I argue against the claim, advanced by David Albert and Barry Loewer, that all non-fundamental laws can be derived from those required to underwrite the second law of thermodynamics.

Possible-worlds talk obscures, rather than clarifies, the debate about haecceitism. In this paper I distinguish haecceitism and anti-haecceitism from other doctrines that sometimes go under those names. Then I defend the claim that there are no non-tendentious definitions of ‘haecceitism’ and ‘anti-haecceitism’ using possible-worlds talk. That is, any definition of ‘haecceitism’ using possible-worlds talk depends, for its correctness, on a substantive theory of the nature of possible worlds. This explains why using possible-worlds talk when discussing haecceitism causes confusion: if the (...) parties to the discussion presuppose different theories of the nature of possible worlds, then they will mean different things by ‘haecceitism’. (shrink)

One guide to an argument's significance is the number and variety of refutations it attracts. By this measure, the Dutch book argument has considerable importance.2 Of course this measure alone is not a sure guide to locating arguments deserving of our attention—if a decisive refutation has really been given, we are better off pursuing other topics. But the presence of many and varied counterarguments at least suggests that either the refutations are controversial, or that their target admits of more than (...) one interpretation, or both. The main point of this paper is to focus on a way of understanding the Dutch Book argument (DBA) that avoids many of the well-known criticisms, and to consider how it fares against an important criticism that still remains: the objection that the DBA presupposes value-independence of bets. (shrink)

Loyal Rue suggests that religion is not about God as such but about the cultivation of personal and social well-being. Religion may employ cultural resources that include concepts of supernatural agencies, but religion's essential functionalities are not dependent on that particular resource. I largely endorse Rue's view of religion and employ Rue as a guide to thinking through its consequences for the future of Christianity. For Rue, two challenges face Christianity: the erosion of confidence in personal-god concepts and the ecological (...) crisis engulfing the planet. In the face of these twin momentous changes, I suggest ways in which certain cultural tropes in the Christian matrix will rise to the fore and others will erode. (shrink)

The earliest philosophers thought deeply about ethical questions, but Aristotle founded ethics as a well-defined discipline. Brad Inwood focuses on the reception of Aristotelian ethical thought in the Hellenistic and Roman worlds and explores the thinker's influence on the philosophers who followed in his footsteps from 300 BCE to 200 CE.

Is the common cause principle merely one of a set of useful heuristics for discovering causal relations, or is it rather a piece of heavy duty metaphysics, capable of grounding the direction of causation itself? Since the principle was introduced in Reichenbach’s groundbreaking work The Direction of Time (1956), there have been a series of attempts to pursue the latter program—to take the probabilistic relationships constitutive of the principle of the common cause and use them to ground the direction of (...) causation. These attempts have not all explicitly appealed to the principle as originally formulated; it has also appeared in the guise of independence conditions, counterfactual overdetermination, and, in the causal modelling literature, as the causal markov condition. In this paper, I identify a set of difficulties for grounding the asymmetry of causation on the principle and its descendents. The first difficulty, concerning what I call the vertical placement of causation, consists of a tension between considerations that drive towards the macroscopic scale, and considerations that drive towards the microscopic scale—the worry is that these considerations cannot both be comfortably accommodated. The second difficulty consists of a novel potential counterexample to the principle based on the familiar Einstein Podolsky Rosen (EPR) correlations in quantum mechanics. (shrink)

This paper looks at the debates between internalism and externalism in mind and epistemology. In each realm, internalists face what we call 'The Connection Problem', while externalists face what we call 'The Problem of Opacity'. We offer an integrated account of thought content and epistemic warrant that overcomes the problems. We then apply the framework to debates between internalists and externalists in metaethics.