"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603.

This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

This article discusses the concept of constituent power and its application to the situation in Chile after the 18th October 2019. In particular, it discusses the relation between constituted and constituent powers, with a view to understanding the significance of the 15 November Agreement that opened the way for the ongoing constituent process.

This paper studies the formality of law and legal reasoning. It argues that, though the law (and its application) is indeed formal in that it does not take into account a significant number of considerations that should in principle be relevant for an all–things–considered decision, this is not to be explained on the basis of some ontology of rules (i.e., rules as exclusionary reasons), but upon the nature of legal discourse when viewed as a social practice. How the law is (...) applied to particular cases, when substantive considerations not referred to by the rules are important enough to defeat their application to the case and questions of this kind are not answered by the legal material (which includes or might include rules, principles etc.), but by beliefs that underlie legal practice, beliefs about the world and its relation to human beings and society. Insofar as these beliefs have impact upon practices we recognise as legal they are termed “images of law.” Legal reasoning cannot be understood without paying due attention to the nature and evolution of images of law. (shrink)

In recent decades, some feminists have turned to the writings of Hannah Arendt in order to propose a truly emancipatory ethic of care or to find the principles that could lead to the political institutionalization of care. Nevertheless, the feminist interpretations of Hannah Arendt are particularly contrasted. According to Sophie Bourgault, this recourse to Hannah Arendt is deeply problematic, mainly because of her strong distinction between the private and public spheres. This article discusses the relevance of using Arendt’s concepts to (...) think about the institutionalization of care by Joan Tronto. Indeed, the most recent analyses developed on the politics of care are shaped by Arendt’s concepts such as power, amor mundi or by her conception of politics as a relationship. (shrink)

Workplace spirituality deals with paradoxes. This concept has been taken on board since the late 1980s, but very few human resource managers have realised that workplace spirituality could make an essential contribution to a better understanding of workplace and corporate reality. Increasing numbers of academic papers are being published on this subject but mere remain many grey areas for researchers. The aim of this paper is to use Simone Weil’s philosophy as a reading grid to get an insight into workplace (...) spirituality as a new paradigm of management. Initial studies attempting to apply Weil’s philosophy to management highlight the necessity for all the actors within the organisation to define their job tasks and contents according to their own way of thinking. Our interpretation of Weil’s philosophy also sheds light on the impossibility of dissociating thinking and acting and reminds us that work is done to nourish both the body and the soul. By concentrating on the spirituality of work, we can establish new links between ethics and human resource management. (shrink)

Simone Weil was a sustained and trenchant critic of Marxism from 1930 till her death. In her writings as a philosopher she proposes a rereading of the Marxist analysis of the alienation of work, pointing to the inadequacies and illusions of Marx’s project. Whereas Marx locates the origins of alienation (defined as the human subject’s incapacity to comprehend its work) in the structure of the capitalist market, Weil is convinced that alienation stems from the very nature of the organization of (...) work. The points of convergence between Marx and Weil are essential to an understanding of the philosophy of Simone Weil and to a fuller grasp of its originality and current relevance. (shrink)

The growing literature on gender in armed conflict and the debates over post-conflict reparations for women, focus on the prevalence and harms of sexual violence. While this focus has recently been critiqued, there are few articulations of other types of gendered injuries. This article decentres the emphasis on sexual violence by examining the intersection between forced displacement and political insecurity. Based on extensive field research in Colombia, and using as an example a case study of an internally displaced women’s grassroots (...) organization in Cartagena, Colombia, this article examines political insecurity as a specifically gendered harm. It reflects on the concrete circumstances of insecurity, on the relevance of traditional gender roles in the constitution of insecurity, and on the challenges for court-ordered remedies. This widening of the scope of attention also invites complex reflection on the possibility of transformative reparations in post-conflict situations. (shrink)

To begin with -- Genealogy of the cerebral subject -- Disciplines of the neuro -- Cerebralizing distress -- Brains on screen and paper -- Up for grabs.

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...) eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

The study aimed to comprehensively overview the experiences encountered by public school employees during the recruitment, selection, and placement (RSP) process within the DepEd Bohol Division. Employing a qualitative-descriptive research design, the researchers utilized a phenomenological approach to delve deeply into these experiences, shedding light on the nuances and intricacies of the division's RSP process. As Lambert et al. (2013) described, qualitative- descriptive studies aim to provide a comprehensive and detailed summary of specific events experienced by individuals or groups in (...) everyday terms. To achieve this, Colaizzi's (1978) data analysis method was applied, meticulously gathering, transcribing, and analyzing recorded participant responses. The rigorous analysis revealed that an overwhelming 81% of the participants recognized significant challenges within the current RSP system of the division, underscoring the pressing need for a renewed approach to address these identified challenges. This highlighted the necessity for an RSP policy that is responsive and innovative, tailored to meet the evolving needs and expectations of applicants, schools, and the division. By implementing improvements to the RSP process, a more efficient and timely filling of vacated and newly available positions is anticipated, contributing to the seamless functioning of the educational system and ultimately enhancing the prospects of success. (shrink)

This electronic document serves as a guide on how to get a LAMP stack running on a Google Compute Engine virtual machine instance running Debian.

We present an experiment designed to investigate three different mechanisms to achieve impartiality in distributive justice. We consider a first-person procedure, inspired by the Rawlsian veil of ignorance, and two third-party procedures, an involved spectator and a detached observer. First-person veiled stakeholders and involved spectators are affected by an initially unfair distribution that, in the stakeholders’ case, is to be redressed. We find substantial differences in the redressing task. Detached observers propose significantly fairer redistributions than veiled stakeholders or involved spectators. (...) Risk preferences partly explain why veiled stakeholders propose less egalitarian redistributions. Surprisingly, involved spectators, who are informed about their position in society, tend to favour stakeholders holding the same position as they do after the initial distribution. (shrink)

The article deals with the chances of illustration of Mohammed: is it forbidden to depict Mohammed in the Islam? What the history or the religion say about it? The following sentences try to get a brief but deep approaching to that issue, underlying the importance that just a few time ago when several problems related to misunderstanding and hatred set the Muslim world in front of the Western people as violent in a behavior that no one could share. Through the (...) article we will see the lack of respect there was in some images that were published provoking all kind of reactions in the world. (shrink)

El autor expone las dimensiones y circunstancias de una investigación cualitativa realizada en un prestigioso instituto de docentes en Uruguay. Indagando en los rituales de interacción aplicados en el ámbito educativo, se observan los modelos de relación, la construcción de la identidad de docente y demás elementos propios de la institución educativa. En ese contexto, se identifican distintos contextos y situaciones cotidianas que reproducen procesos sociales en los que la finalidad está clara: la enseñanza y el aprendizaje.

The emigration is an arduous and complex process that includes practically all the aspects of the life of a human being. One is a sociological phenomenon: the challenging of the emigrant, the decision making, the election of the destination place, and so on; they are determined by the social issue, by the family, the friends and social networks. Normally the studies on the subject are of a quantitative type, as a matter of fact, the topic has a so deep meaning (...) and it affects so much the human being and its surroundings that seemed essential to me a qualitative approach to respond to the question: what desires, anxieties, fears and frustrations move the people to leave their homes and get themselves to a distant and practically unknown country? (shrink)

The war in Iraq has reignited the passionate humanitarian intervention debate. President George W. Bush surprised many observers in his second inaugural address when he promised to oppose tyranny and oppression, and this in a world not always willing or ready to join in that fight. Humanitarian intervention is again on the forefront of world politics.

Drosophila responds to a septic injury by the rapid synthesis of antimicrobial peptides. These molecules are predominantly produced by the fat body, a functional equivalent of mammalian liver, and are secreted into the hemolymph where their concentrations can reach up to 100 μM. Six distinct antibacterial peptides (plus isoforms) and one antifungal peptide have been characterized in Drosophila and their genes cloned. The induction of the gene encoding the antifungal peptide relies on the spätzle/Toll/cactus gene cassette, which is involved in (...) the control of dorsoventral patterning in the embryo, and shows interesting structural and functional similarities with cytokine‐induced activation of NF‐ϰB in mammalian cells. An additional pathway, dependent on the as yet unidentified imd (for immune‐deficiency) gene, is required for the full induction of the antibacterial peptide genes. Mutants deficient for the Toll and imd pathways exhibit a severely reduced survival to fungal and bacterial infections, respectively. Recent data on the molecular mechanisms underlying recognition of non‐self are also discussed in this review. (shrink)

This research tackled the challenges public secondary schools in Sagbayan District, Bohol, faced regarding records management. The study employed a mixed research design, combining both descriptive-qualitative and descriptive- quantitative methods. The qualitative phase involved conducting in-depth interviews and focus group discussions with relevant stakeholders involved in records management. On the other hand, the quantitative phase utilized survey questionnaires to gather data from relevant stakeholders to determine the acceptability of the proposed MIS among end-users. The first phase findings revealed various challenges (...) in records management faced by the schools, such as inefficient manual record-keeping systems, difficulties in data retrieval, and the risk of data loss due to inadequate backup procedures. These challenges highlighted the need for a comprehensive, technology-driven solution to streamline records management processes and ensure data security. The evaluation results in the second phase showed that the developed Management Information System (MIS) was well-accepted among the end users. The absence of any significant difference in the level of acceptability among the participants further validated the system's suitability for addressing their specific needs. The successful implementation of the MIS proved to be an effective solution to the records management challenges faced by the public secondary schools in Sagbayan District, Bohol. (shrink)

Abstract The article addresses three aspects of the humanitarian intervention doctrine. It argues, first, that the value of sovereignty rests on the justified social processes of the target state ? the horizontal contract. Foreign interventions, even when otherwise justified, must respect the horizontal contract. In contrast, morally objectionable social processes (such as the subjection of women) are not protected by sovereignty (intervention, of course, may be banned for other reasons). In addition, tyrants have no moral protection against interventions directed at (...) them. Second, the article addresses the internal legitimacy of humanitarian intervention. It concludes that the liberal state may only use voluntary soldiers (either the voluntary army or mercenaries) to conduct humanitarian intervention. Conscription for that purpose is not permissible. The article shows that the long-standing criticism of mercenaries stems from a romantic prejudice and is thus unfair. Third, the article makes a distinction between intention (the determination to perform an action) and motive (a further goal that the agent seeks with that action) and shows that only intention is relevant for humanitarian intervention. A justified humanitarian intervention requires the intention to liberate the victims, but not necessarily a good further motive. It shows how mainstream doctrine has impermissibly confused the two concepts. (shrink)

This book presents the first English translation of the original French treatise “La Physique d’Einstein” written by the young Georges Lemaître in 1922, only six years after the publication of Albert Einstein’s theory of General Relativity. It includes an historical introduction and a critical edition of the original treatise in French supplemented by the author’s own later additions and corrections. -/- Monsignor Georges Lemaître can be considered the founder of the “Big Bang Theory” and a visionary architect of modern Cosmology. (...) The scientific community is only beginning to grasp the full extent of the legacy of this towering figure of 20th century physics. Against the best advice of the greatest names of his time, the young Lemaître was convinced, solely through the study of Einstein’s theory of General Relativity, that space and time must have had a beginning with a tremendous “Big Bang” from a “quantum primeval atom” resulting in an ever-expanding Universe with a positive cosmological constant. -/- But how did the young Lemaître, essentially on his own, come to grips with the physics of Einstein? A year before his ordination as a diocesan priest, he submitted the audacious treatise, published in this book, that was to earn him Fellowships to study at Cambridge, MIT and Harvard, and launched him on a scientific path of ground-breaking discoveries. Almost a century after Lemaître’s seminal publications of 1927 and 1931, this highly pedagogical treatise is still of timely interest to young minds and remains of great value from a history of science perspective. (shrink)

En el terreno de la moral, el contraste entre lo ¿que el filósofo Wilfrid Sellars denominó «la ¿imagen manifiesta» y la «imagen científica» es enorme y tiene unas consecuencias prácticas ineludibles. Este libro reduce la distancia entre esa imagen manifiesta y la imagen científica, dotando al lector de referencias fundamentales, enfoques diversos y un amplio abanico de temáticas a partir de investigaciones experimentales sobre nuestra conducta moral.

In this article, I seek to present some examples of the philosophy of myth in Japan during the early Shōwa era (1926–1945), especially in works by Tanabe Hajime, Kihira Tadayoshi, Isobe Tadamasa, Kōsaka Masaaki and Miki Kiyoshi. While the concept of myth is closely linked to the question of nationality, I intend to show that the philosophical concept of myth is also related to a fundamental ambiguity that prevents an absolutisation of myth and offers specific conceptual tools for a critique (...) of nationality. (shrink)

Both questions as abstract objects and the speech acts, here called requests, by which we ask them play an enormous role in all argumentative practices. Nonetheless, there is hardly a proper systematic treatment of questions and requests in current argumentation theories. This paper is a first attempt at providing such a systematic treatment. This is achieved by following the ideal model of a critical discussion as elaborated over the years by the Amsterdam school of pragma-dialectics. After introducing the distinction between (...) questions and requests, the paper sets forth and illustrates the norms of questioning which implicitly underlie the four stages of a critical discussion in the standard order: confrontation, opening, argumentation, and conclusion. Among other things, it is shown that crucial insights of pragma-dialectics are illuminated by the questioning perspective, in particular the distinction between single and multiple differences of opinion, the duties of the antagonist and protagonist roles, the precise character of the argumentation stage, and the different ways in which a disagreement can be resolved. (shrink)

The book explores Peirce's non standard thoughts on a synthetic continuum, topological logics, existential graphs, and relational semiotics, offering full mathematical developments on these areas. More precisely, the following new advances are offered: (1) two extensions of Peirce's existential graphs, to intuitionistic logics (a new symbol for implication), and other non-classical logics (new actions on nonplanar surfaces); (2) a complete formalization of Peirce's continuum, capturing all Peirce's original demands (genericity, supermultitudeness, reflexivity, modality), thanks to an inverse ordinally iterated sheaf of (...) real lines; (3) an array of subformalizations and proofs of Peirce's pragmaticist maxim, through methods in category theory, HoTT techniques, and modal logics. The book will be relevant to Peirce scholars, mathematicians, and philosophers alike, thanks to thorough assessments of Peirce's mathematical heritage, compact surveys of the literature, and new perspectives offered through formal and modern mathematizations of the topics studied. (shrink)

This article introduces the little-studied figure of Saigusa Hiroto, a twentieth century Marxist philosopher who reconstructed the history of technical thought in Japan. The article focuses on Saigusa’s thought between 1939 and 1942, contextualizes his thinking in relation to the technology controversy of the 1930s and presents his critique of the dualism between spiritual and technological culture. Saigusa defines technology as a “means as a process” and not a skill or system of things. The author argues that Saigusa’s notion of (...) “means as a process” dislocates the idea of Western technology as superior to Eastern technology, paving the way for current debates in the field of post-European philosophies of technology. (shrink)

Research Articles Fernando R. Tesón, Social Philosophy and Policy, FirstView Article.

I propose to consider the interpersonal character of testimony as a kind of social bond created by the mutual intention of sharing knowledge. The paper explores the social mechanism that supports this mutual intention starting from an initial situation of modelling the other’s epistemic perspective. Accepting testimony as a joint action creates epistemic duties and responsibilities and the eventual success can be considered as a genuine achievement at the social level of epistemology. Trust is presented here as the symptom that (...) both parties are involved in such a social bond. (shrink)

If personhood is the quality or condition of being an individual person, brainhood could name the quality or condition of being a brain. This ontological quality would define the `cerebral subject' that has, at least in industrialized and highly medicalized societies, gained numerous social inscriptions since the mid-20th century. This article explores the historical development of brainhood. It suggests that the brain is necessarily the location of the `modern self', and that, consequently, the cerebral subject is the anthropological figure inherent (...) to modernity (at least insofar as modernity gives supreme value to the individual as autonomous agent of choice and initiative). It further argues that the ideology of brainhood impelled neuroscientific investigation much more than it resulted from it, and sketches how an expanding constellation of neurocultural discourses and practices embodies and sustains that ideology. (shrink)

Este artículo busca reconstruir en lo que consideramos sus tres momentos principales el ideal renacentista y moderno de una República literaria. Conforme a esos momentos, el trabajo se divide en tres secciones. La primera estará dedicada a la República literaria tal como la concibieron los humanistas del Renacimiento y la temprana Modernidad. La segunda, buscará comprender el peso que tuvieron los periódicos literarios en la transformación de aquella República. En la tercera, finalmente, trataremos de reconstruir la República literaria en la (...) España de mediados del siglo XVIII, la España del Padre Feijoo, quien asume buena parte del pasado erudito europeo buscando recrearlo en la medida de lo posible conforme a las circunstancias locales. (shrink)