Volume 28, Issue 2, March 2020, Page 413-415.

This paper provides a novel reconstruction of Kant’s argument for transcendental idealism in the Transcendental Aesthetic. This reconstruction relies on two main contentions: first, that Kant accepts the then-ubiquitous view that all cognition is either from grounds or consequences, a view he props up by drawing a distinction between logical and real grounds; second, that Kant, like most of his contemporaries, holds that our representations are the most immediate grounds of our cognition. By stressing these elements, the most threatening objection (...) to Kant’s argument can be avoided, namely, the claim that Kant ignores the possibility that our representations of space and time are subjective in origin, but objective as regards their applicability. My reconstruction shows that this so-called neglected alternative objection is based on a conceptual confusion about the nature of a priori cognition. (shrink)

ABSTRACT One of the core issues where interpreters of Kant disagree concerns his alleged Noumenalism—the claim that the objects of our experience, which are in space and time, are underpinned by entities that are not spatio-temporal and that non-spatio-temporally cause our representations of empirical objects. Although there is much textual evidence in favour of Noumenalism, non-Noumenalists have also gathered a significant number of philosophical and exegetical challenges to such a reading of Kant. I present a novel way of understanding the (...) Noumenalist view, which characterises the distinction between appearances and things in themselves as the distinction between referents and truthmakers. I show that, on this interpretation of Kant, the most pressing problems for the Noumenalist reading are primarily based on equivocations between features of reference and features of truthmaking. (shrink)

Existential grounding is the thesis that all existential generalizations are grounded in their particular instances. This paper argues that existential grounding is false. This is because it is inconsistent with two plausible claims about existence: the claim that singular existence facts are generalizations and the claim that no object can be involved in a fact that grounds that same object's existence. Not only are these claims intuitively plausible, but there are also strong arguments in favour of each of them.

In this article, I take on a classic objection to Kant’s arguments in the Antinomy of Pure Reason: that the arguments are question-begging, as they draw illicit inferences from claims about representation to claims about reality. While extant attempts to vindicate Kant try to show that he does not make such inferences, I attempt to vindicate Kant’s arguments in a different way: I show that, given Kant’s philosophical backdrop, the inferences in question are not illicit. This is because the transcendental (...) realists that Kant was arguing against have certain philosophical commitments about the nature of ground which, if true, warrant the inferences that Kant draws. This historical corrective not only allows us to better understand Kant’s own thinking in the Antinomies but it also has important upshots for our understanding of Kant’s transcendental idealism. (shrink)

In this chapter, my aim is to present an account of Immanuel Kant’s transcendental idealism that centers his view of propositions as mental acts. As I intend to show, Kant’s strategy in the Critique of Pure Reason is only intelligible under the assumption that the fundamental bearers of truth are mental entities.

Where does the impetus towards ethical theory come from? What drives humans to make values explicit, consistent, and discursively justifiable? This paper situates the demand for ethical theory in human life by identifying the practical needs that give rise to it. Such a practical derivation puts the demand in its place: while finding a home for it in the public decision-making of modern societies, it also imposes limitations on the demand by presenting it as scalable and context-sensitive. This differentiates strong (...) forms of the demand calling for theory from weaker forms calling for less, and contexts where it has a place from contexts where it is out of place. In light of this, subjecting personal deliberation to the demand turns out to involve a trade-off. (shrink)

I consider some of the objections that have been raised against a conceptualist solution to the “grounding problem”, I address in particular two objections that I call Conceptual Validity and Instantiation, and I attempt to answer them on behalf of the conceptualist. My response, in a nutshell, is that the first of these objections fails because it ascribes to the conceptualist some commitments that do not really follow from the view’s basic insight, while the second objection also fails because it (...) denies the conceptualist resources that the alternative positions are allowed to use. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

From climate change to fossil fuel dependency, from the uneven effects of natural disasters to the loss of biodiversity: complex socio-environmental problems indicate the urgency for cross-disciplinary research into the ways in which the social, the natural and the technological are ever more entangled. This ground breaking text moves between environmental sociology and environmental geography, political and social ecology and critical design studies to provide a definitive mapping of the state of environmental social theory in the age of the anthropocene. (...) Environments, Natures and Social Theory provokes dialogue and confrontation between critical political economists, actor network theorists, neo-Malthusians and environmental justice advocates. It maps out the new environmental politics of hybridity moving from hybrid neo-liberals to end times ecologists, from post environmentalists to cyborg eco-socialists. White, Rudy and Gareau insist on the necessity of a critical but optimistic hybrid politics, arguing that a more just, egalitarian, democratic and sustainable anthropocene is within our grasp. This will only be brought into being, however, by reclaiming, celebrating and channeling the reconstructive potential of entangled hybrid humans as inventive hominids, creative gardeners, critical publics and political agents. Written in an accessible style, Environments, Natures and Social Theory is an essential resource for undergraduate and postgraduate students across the social sciences. (shrink)

Anjan Chakravartty sostiene que – tradicionalmente - el debate realismo-antirrealismo científico ha sido eminentemente epistémico, estando en juego si debemos comprometernos o no con la creencia de que nuestras mejores teorías científicas son verdaderas o aproximadamente verdaderas y sus términos centrales refieren exitosamente a los aspectos del mundo. Sin embargo, las versiones contemporáneas del realismo científico muestran una clara tendencia hacia la profundización de los aspectos metafísicos de la ciencia, a tal punto que una de las características más prominentes de (...) estas son tesis metafísicas sustanciales. Frente a esta situación, Chakravartty afirma que, más allá de ciertos compromisos metafísicos “básicos” - basados en la práctica científica -, el realista científico puede mantener una postura más pragmática - incluso escéptica - frente a los compromisos metafísicos más “profundos”, más propios de la metafísica de la ciencia que del debate que nos compete. El presente trabajo se propone demostrar que los argumentos esgrimidos por Chakravartty no logran justificar dicha postura pragmática y ofrece un ejemplo en el cual dicha postura resulta insostenible para el realista científico. (shrink)

This paper articulates a conception of organizational justice based on the promise of a mode of organizing that does not violate the particularity of each and every other person. It argues that the decisive condition for such a form of justice resides in the realities of the cultural practices of an organization as they are apparent in the conduct of people in relation to multiple others. These are practices that can only seek justification in the primary right of each person (...) to be regarded with absolute alterity. It also argues that a degree of violence is unavoidable within any practical ordering of justice and that any consideration of ethics and justice in organizations must account for such violence and seek to negotiate its existence on ethical terms. The organizational justice that is referred to is one sensitive to the exercise of its own power and authority in the context of its unavoidable violation of its basis in ethics. This is a justice that is ethically necessary, but is never sure of itself. (shrink)

Considero la propuesta reciente de Vicente, Fraser y Castroviejo según la cual hay (al menos) dos tipos distintos de lenguaje peyorativo en español, uno de los cuales (el que apela a términos neutros usados como insultos) no ha sido, según los autores, suficientemente apreciado y estudiado. Si bien concuerdo con la importancia de la distinción, sugiero una explicación alternativa a la que ellos dan del fenómeno de los términos neutros usados como insultos, que sugiere entenderlos como un caso particular de (...) uso metafórico, y del contenido peyorativo genérico transmitido, que apela a fenómenos generales de la interpretación de metáforas y de la acomodación de presuposiciones. (shrink)

In this paper, I present an interpretation of Kant’s view that reason’s hypostasis of the idea of a sum-total of reality is dogmatic and illegitimate. In the section on the ‘Transcendental Ideal’, the second section of the Ideal of Pure Reason chapter in the Critique of Pure Reason, Kant starts by describing reason’s procedure from the affirmation of the principle of thoroughgoing determination to the hypostasis in question. According to the interpretation I defend, the argument for hypostasis deployed in this (...) section constitutes an improvement upon an argument defended by the pre-critical Kant himself in his 1673 essay “The Only Possible Argument in Support of a Demonstration of the Existence of God”. By making reference to the concept of omnitudo realitatis, the argument in the ‘Transcendental Ideal’ section presents a much more radical and convincing interpretation of the thesis that ‘possibility presupposes actuality’. Second, I present transcendental idealism and its related distinction between objects of sense and objects in general as the main dissuasive argument of the critical philosopher against hypostasis. Finally, I consider an argument against hypostasis that is independent of transcendental idealism: the threat of set-theoretical paradoxes if we hypostatize the relevant idea, intended as the concept of an absolutely comprehensive totality. (shrink)

Since its inception, donor conception practices have been a reproductive choice for the infertile. Past and current practices have the potential to cause significant and lifelong harm to the offspring through loss of kinship, heritage, identity, and family health history, and possibly through introducing physical problems. Legislation and regulation in Australia that specifies that the welfare of the child born as a consequence of donor conception is paramount may therefore be in conflict with the outcomes. Altering the paradigm to a (...) child-centric model, however, impinges on reproductive choice and rights of adults involved in the process. With some lobby groups pushing for increased reproductive choice while others emphasise offspring rights there is a dichotomy of interests that society and legislators need to address. Concepts pertaining to a shift toward a child-centric paradigm are discussed. (shrink)

The present study aimed at investigating the heavy metals concentrations in the soils around “Larga de Sus” abandoned mine, evaluating the potential ecological risk of heavy metal pollution and highlighting ethical aspects related to risk assessment, ecological restoration, and soil remediation. The results of the chemical analysis showed that the soil in the study area is highly polluted with heavy metals since the average concentrations of Pb, and Ni in soil exceed their corresponding threshold established by the Romanian legislation. The (...) potential ecological risk index method developed by Hakanson was used to assess the potential risk of heavy-metal pollution. The results indicated that Pb and Ni showed severe and considerable potential ecological risk, while Cr had lightly ecological risk. In this case, remediation should be focused only on Pb or on all heavy metals even if they have lightly ecological risk? A scientific management technique cannot logically prescribe which choices should be selected. The interaction between human activity and the environment is complicated and difficult to quantify and risk management cannot and should not be based simply on risk assessment results. What is needed to make the right choice of the most appropriate alternative that fits our personality, culture, religion, and desires? The moral and ethical implications of ecological restoration and soil remediation have to be incorporated within the decision-making process in order to make optimum sustainable decisions and to achieve real environmental protection. (shrink)

In a recent paper, Daniel Whiting has argued that there are no exclusionary reasons (i.e., second-order reasons not to act for a reason). The premise of the argument is what he calls the motivation constraint, according to which for the fact that p to be a reason for you to ϕ, it must be possible for you to ϕ for the reason that p. However, the argument goes, it is not possible to act (or not to act) for a reason (...) for a reason. Therefore, he concludes, there are no second-order reasons. In this paper, I shall argue that Whiting's argument ought to be rejected. Thus, I will argue that we should not accept the motivation constraint on which it is based. It is true that for the fact that p to be a reason for you to ϕ, it must be possible for you to ϕ guided in the right way by the consideration that p favours you ϕing. However, I shall argue that it is possible for exclusionary reasons to guide us in the right way, even if it not possible for us to not to ϕ for a reason for a reason. (shrink)

This article seeks to contribute to the history of the idea of 'middle class', an idea that was fundamental to Aristotle's philosophy but disappeared from the repertoire of political thinking for centuries, re-emerging shortly before the French Revolution to be developed by Diderot and other French liberals. The modern notion of 'middle class' is compared with that of Aristotle, and the similarities between the two contexts of emergence -- the crisis of Ancient Greek democracy and that of the French Ancien (...) Régime -- are explored to cast new light on the meaning and political function of that idea, and on the metaphorical operations it performs. (shrink)

By promising, requesting and commanding we can give ourselves and each other reasons for acting as promised, requested, and commanded. Call this our capacity to give reasons robustly. According to the triggering account, we give reasons robustly simply by manipulating the factual circumstances in a way that triggers pre-existing reasons. Here I claim that we ought to reject the triggering account. By focusing on David Enoch’s sophisticated articulation of it, I argue that it is overinclusive; it cannot adequately distinguish between (...) threats and robust reason-giving; and it cannot adequately explain why epistemic reasons cannot be robustly given. I suggest that when we give reasons robustly, we do so directly, without explanatory intermediaries. (shrink)

How should business deal with society's increasing demands for ethical and social responsibility? In plain language this book considers these and other ethical questions of direct relevance to business in the 1990s. It discusses the nature of ethics, ethical reasoning, the use of stakeholder analysis, and other central concepts used in business ethics. Using mainly, but not exclusively, Australian cases and specific examples, the book covers issues such as fairness in business dealings, advertising ethics, discrimination, and codes of ethics.

What is the primary function of consciousness in the nervous system? The answer to this question remains enigmatic, not so much because of a lack of relevant data, but because of the lack of a conceptual framework with which to interpret the data. To this end, we have developed Passive Frame Theory, an internally coherent framework that, from an action-based perspective, synthesizes empirically supported hypotheses from diverse fields of investigation. The theory proposes that the primary function of consciousness is well-circumscribed, (...) serving the 'somatic nervous system[. For this system, consciousness serves as a frame that constrains and directs skeletal muscle output, thereby yielding adaptive behavior. The mechanism by which consciousness achieves this is more counterintuitive, passive, and “low level” than the kinds of functions that theorists have previously attributed to consciousness. Passive frame theory begins to illuminate (a) what consciousness contributes to nervous function, (b) how consciousness achieves this function, and (c) the neuroanatomical substrates of conscious processes. Our untraditional, action-based perspective focuses on olfaction instead of on vision and is 'descriptive' (describing the products of nature as they evolved to be) rather than 'normative' (construing processes in terms of how they should function). Passive frame theory begins to isolate the neuroanatomical, cognitive-mechanistic, and representational (e.g., conscious contents) processes associated with consciousness. (shrink)

Mark Greenberg argues that legal obligations are those moral obligations created by the actions of legal institutions in the legally proper way. Here I defend three main claims. First, I argue that, although very often misunderstood, Joseph Raz is also a defender of MITL. Secondly, I argue that while both Greenberg and Raz are committed to MITL, they disagree about the conditions under which a moral obligation can be said to be created in the legally proper way. Finally, I argue (...) that Raz’s variant of MITL is better than Greenberg’s. It rests on a more plausible account of authority and it avoids one of the crucial defects threatening Greenberg’s view, namely, its overinclusiveness. (shrink)

Paraconsistent logics are logical systems that reject the classical principle, usually dubbed Explosion, that a contradiction implies everything. However, the received view about paraconsistency focuses only the inferential version of Explosion, which is concerned with formulae, thereby overlooking other possible accounts. In this paper, we propose to focus, additionally, on a meta-inferential version of Explosion, i.e. which is concerned with inferences or sequents. In doing so, we will offer a new characterization of paraconsistency by means of which a logic is (...) paraconsistent if it invalidates either the inferential or the meta-inferential notion of Explosion. We show the non-triviality of this criterion by discussing a number of logics. On the one hand, logics which validate and invalidate both versions of Explosion, such as classical logic and Asenjo–Priest’s 3-valued logic LP. On the other hand, logics which validate one version of Explosion but not the other, such as the substructural logics TS and ST, introduced by Malinowski and Cobreros, Egré, Ripley and van Rooij, which are obtained via Malinowski’s and Frankowski’s q- and p-matrices, respectively. (shrink)

En la tesina hemos examinado el problema de la tolerancia religiosa, a partir de los escritos de Marsilio de Padua, Thomas Hobbes y John Locke. La elección de los pensadores modernos ha respondido a la relevancia de sus contribuciones para la discusión acerca del problema que supone la tolerancia religiosa en la Modernidad.1 La interpretación que hemos propuesto en relación con los aportes de Hobbes, ha permitido considerarlo como un autor que exhortó a la diversidad como una estrategia para la (...) regulación de la religión. En cuanto a Locke, hemos señalado su defensa de la tolerancia en nombre de la racionalidad, su reivindicación de la utilidad de una actitud tolerante como medio para preservar la coexistencia pacífica. Observamos que las contribuciones de ambos pensadores trascendieron ampliamente los horizontes de su tiempo para arribar a nuestros días con una vigencia sorprendente. De allí que estos autores se convierten en lecturas obligatorias sobre esta materia al intentar buscar posibles soluciones a uno de los problemas políticos más apremiantes. Sin embargo, es importante señalar que, en la historia del pensamiento político, el principio de tolerancia fue desarrollado, no solo por autores modernos, sino asimismo por autores medievales, entre ellos, Marsilio de Padua. Este pensador tuvo una influencia decisiva en el pensamiento filosófico-político de los teóricos modernos anteriormente mencionados a raíz de sus aportes a la discusión de la tolerancia, sus contribuciones en lo que se refiere a la circunscripción del poder pontificio, su crítica a la doctrina de la plenitudo potestatis papal y sus reflexiones en torno a la relación entre el poder temporal y espiritual. Por tal motivo, dedicamos un primer capítulo a presentar y analizar los argumentos filosóficos-políticos centrales de Marsilio de Padua, con el fin de señalar los alcances de este antecedente medieval en el desarrollo de la noción moderna del principio de tolerancia religiosa. En el segundo capítulo, examinamos los argumentos de Hobbes, e intentamos señalar que su preocupación central fue, no tanto la tolerancia religiosa, sino antes bien el problema de la regulación de la religión. En el tercer capítulo, pasamos revista de los aportes de Locke en lo que respecta a esta materia desde una perspectiva liberal. Por último, en el cuarto capítulo realizamos un estudio comparativo entre Marsilio y Hobbes, por un lado, y entre este último y Locke, por otro. (shrink)

This monograph discusses the importance of A. L. Hülsen's only book for the history of early German idealism. The Wissenschaftslehre is Fichte's "response" to the objections of Schulze-Aenesidemus to Reinhold's early Elementarphilosophie. Hülsen, a Fichtean thinker, restructured many aspects of Reinhold's system which Fichte left intact. In 1797, Fichte recognized Hülsen as a partner in the development of his system, thus acknowledging his contribution to the emergence of German idealism.

This paper discusses a set of arguments launched in Salomon Maimon’s 1800 Der moralische Skeptiker against Kant’s notion of the moral law. Apart from being an almost overlooked chapter in the history of post-Kantian ethics, this work is one in which Maimon takes issue with four related aspects of the ethical thesis and methodology presented in Kant’s second Kritik. At the core of the discussion is Maimon’s emphasis on a major incongruity in the correlation of Kant’s notions of theoretical and (...) practical reason: objectively valid statements in ethics should not qualitatively diverge from those in theoretical science. It is in this context that the paper discusses the late Maimonian thesis that Kant’s factual notion of the moral law cannot be reconciled with his notion of theoretical rigor. It also shows why, for Maimon, the highest principle of Kantian ethics should reveal itself to be theoretically untenable and dogmatic, and hence lead to skepticism. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

I define two metaphysical positions that anti-physicalists can take in response to Jonathan Schaffer’s ground functionalism. Ground functionalism is a version of physicalism where explanatory gaps are everywhere. If ground functionalism is true, arguments against physicalism based on the explanatory gap between the physical and experiential facts fail. In response, first, I argue that some anti-physicalists are already safe from Schaffer’s challenge. These anti-physicalists reject an underlying assumption of ground functionalism: the assumption that macrophysical entities are something over and above (...) the fundamental entities. I call their position “lightweight anti-physicalism.” Second, I go on to argue that even if anti-physicalists accept Schaffer’s underlying assumption, they can still argue that the consciousness explanatory gap is especially mysterious and thus requires a special explanation. I call the resulting position “heavyweight anti-physicalism.” In both cases, the consciousness explanatory gap is a good way to argue against physicalism. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

This book sets out in plain language ethical questions of direct relevance to business today. This new edition expands the range of issues covered and includes a chapter on international business ethics, drawing extensively from Asian examples.

Panpsychists aspire to explain human consciousness, but can they also account for the physical world? In this paper, I argue that proponents of a popular form of panpsychism cannot. I pose a new challenge against this form of panpsychism: it faces an explanatory gap between the fundamental experiences it posits and some physical entities. I call the problem of explaining the existence of these physical entities within the panpsychist framework “the missing entities problem.” Spacetime, the quantum state, and quantum gravitational (...) entities constitute three explanatory gaps as instances of the missing entities problem. Panpsychists are obliged to solve all instances of the missing entities problem; otherwise, panpsychism cannot be considered a viable theory of consciousness. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)

Blair's account, like the intelligence field in general, treats many distinct constructs as if they were practically interchangeable – this is not self-evident. Paradigm integration and rationalization of redundant nomenclature are important for the continued development of understanding. The prior task is to demonstrate where synonymity of constructs across paradigms occurs, and where it fails. We present arguments why this is the case. (Published Online April 5 2006).