The relationship between international order and justice has long been central to the study and practice of international relations. For most of the twentieth century, states and international society gave priority to a view of order that focused on the minimum conditions for coexistence in a pluralist, conflictual world. Justice was seen either as secondary or sometimes even as a challenge to order. Recent developments have forced a reassessment of this position. This book sets current concerns within a broad historical (...) and theoretical context; explores the depth and scope of this presumed solidarism amidst the difficulties of acting on the basis of a more strongly articulated liberal position; and underscores the complexity and abiding tensions inherent in the relationship between order and justice. Chapters examine a wide range of state and transnational perspectives on order and justice, including those from China, India, Russia, the United States, and the Islamic world. Other chapters investigate how the order-justice relationship is mediated within major international institutions, including the United Nations, the World Trade Organization and the global financial institutions. (shrink)
Claims that a man-made global warming catastrophe is imminent have two major aspects: the scientific support offered for the claims, and the political proposals brought forth in response to the claims. The central questions are whether non-scientists should accept the claims themselves as true, and whether they should support the political proposals attached to them. Predictions of a coming disaster are shown to be a-historical in both the long term and the short term, to involve shifting predictions that are contrary (...) to evidence, and to be opposed by many scientists. The political proposals to alleviate this alleged problemare shown to offer no alternative to fossil fuels, and to portend a major economic decline and permanent losses of liberty. The anthropogenic global warming claims are largely motivated not by science, but by a desire for socialist intervention on a national and a global scale. Neither the claims to an impending climate catastrophe nor the political proposals attached to those claims should be accepted. (shrink)
Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...) systems for reasoning with this form of open texture can be built by integrating rule sets with neural networks trained with data collected from standard past cases. The obstacles to this approach include difficulties in generating explanations once conclusions have been inferred, difficulties associated with the collection of sufficient data from past cases and difficulties associated with integrating two vastly different paradigms. A knowledge representation scheme based on the structure of arguments proposed by Toulmin has been used to overcome these obstacles. The system, known as Split Up, predicts judicial decisions in property proceedings within family law in Australia. Predictions from the system have been compared to those from a group of lawyers with favourable results. (shrink)
The question of what constitutions should do is deeply connected to what constitutions are. In the American founding conception, a constitution was a fundamental law, hierarchically superior to the decisions of the legislature, and intended to act as a restraint on legislative action. Despite the massive gulf between the ancient Greeks and the Americans, classical Athens offers an important lesson about how the failure to recognize fundamental laws can lead to catastrophic consequences. The evidence suggests that the Athenians understood the (...) need for conceptual, procedural, and institutional distinctions between the fundamental laws and the more specific decrees of the governing institutions. The Athenian and American experiences also suggest that certain philosophical positions conditioned their understanding of their fundamental laws, and guided the practices that followed from that understanding. (shrink)
The ancient lawgiver Solon of Athens left norms of proper conduct that carry important ethical implications for all manner of human affairs, including commercial activities and the pursuit of wealth. In his extant poetry, he emphasizes the strong connections between individual virtue and its consequences in the social and political sphere. In considering the proper means of obtaining material wealth, he describes multiple ways to earn a living and connects them to proper intellectual and ethical dispositions through a concept of (...) justice. This focus on virtue establishes a long-range ethics that is based on a principle of justice, demands rational intellectual activity, and carries implications for everyone’s self-interest. Solon’s concern for matters of virtue, the proper means of attaining wealth, and the need for long-range awareness of consequences offers a valuable point of historical focus for our own examinations of business ethics today. (shrink)
The violation of the Bell inequality means that measurement-results in the two wings of the experiment cannot be screened off from one another, in the sense of Reichenbach. But does this mean that there is causation between the results? I argue that it does, according to Lewis's counterfactual analysis of causation and his associated views. The reason lies in his doctrine that chances evolve by conditionalization on intervening history. This doctrine collapses the distinction between the conditional probabilities that are (...) used to state screening off, and the counterfactuals with chance consequents that are used to state lack of causation. I briefly discuss ways to evade my argument. (shrink)
This is a classic volume in the "library of Living Philosophers" and includes a collection of essays on Dewey's work by his contemporaries at the time of the volume's publication. It also includes a biographical essay on Dewey and his replies to the assembled essays.
In The American Pragmatists (2013), Cheryl Misak casts Peirce and Lewis as the heroes of American pragmatism. She establishes an impressive continuity between pragmatism and both logical empiricism and contemporary analytic philosophy. However, in casting James and Dewey as the villains of American pragmatism, she underplays the pragmatists' interest in action.