Kant has famously argued that monogamous marriage is the only relationship where sexual use can take place "without degrading humanity and breaking the moral laws." Kantian marriage, however, has been the target of fierce criticisms by contemporary things: it has been regarded as flawed and paradoncal, as being deeply at odds with feminism, and, at best, as plainly uninteresting. In this paper, I argue that Kantian marriage can indeed survive these criticisms. Finally, the paper advances the discussion beyond marriage. Drawing (...) on Kant's conception of friendship, I suggest that he might have overlooked the possibility of sex being morally permissible in yet another context. (shrink)
MacKinnon has famously claimed that there is a connection between objectivity and objectification. This paper examines this connection by focusing on a particular norm of objectivity, Assumed Objectivity, which is linked to women's objectification. Haslanger argues that this norm should be rejected since, under conditions of gender inequality, (a) it harms the interests of women (it is pragmatically bad), and (b) it yields false beliefs (it is epistemically bad). Langton attempts to go beyond Haslanger's critique, suggesting that this norm is (...) also epistemically bad because it yields true but unjustified beliefs (beliefs that have a wrong direction of fit). I argue that while the norm of Assumed Objectivity is epistemically problematic in yielding false beliefs, it is wrongly accused of yielding true but unjustified beliefs. (shrink)
Sexual objectification is a common theme in contemporary feminist theory. It has been associated with the work of the anti-pornography feminists Catharine MacKinnon and Andrea Dworkin, and, more recently, with the work of Martha Nussbaum. Interestingly, these feminists' views on objectification have their foundations in the philosophy of Immanuel Kant. Fully comprehending contemporary discussions of sexuality and objectification, therefore, requires a close and careful analysis of Kant's own theory of objectification. In this paper, I provide such an analysis. I explain (...) what is involved, for Kant, in the process of objectification, what it really means for a person to be an object (what Kant calls an `object of appetite'), and finally deal with his reasons for thinking that marriage can provide the solution to the problem of sexual objectification. I then proceed to some contemporary feminist discussions on sexual objectification, showing how influential Kant's ideas have been for contemporary feminist thinkers MacKinnon, Dworkin, and Nussbaum. My analysis of these feminists' work focuses on the striking similarities, as well as the important differences, that exist between their views and Kant's views on what objectification is, how it is caused, and how it can be eliminated. (shrink)
What is the relation between norms (in the sense of ?socially accepted rules?) and conventions? A number of philosophers have suggested that there is some kind of conceptual or constitutive relation between them. Some hold that conventions are or entail special kinds of norms (the ?conventions-as-norms thesis?). Others hold that at least some norms are or entail special kinds of conventions (the ?norms-as-conventions thesis?). We argue that both theses are false. Norms and conventions are crucially different conceptually and functionally in (...) ways that make it the case that it is a serious mistake to try to assimilate them. They are crucially different conceptually in that whereas conventions are not normative and are behaviour dependent and desire dependent, norms are normative, behaviour independent, and desire independent. They are crucially different functionally in that whereas conventions principally serve the function of facilitating coordination, norms principally serve the function of making us accountable to one another. (shrink)
Probabilism is committed to two theses: 1) Opinion comes in degrees—call them degrees of belief, or credences. 2) The degrees of belief of a rational agent obey the probability calculus. Correspondingly, a natural way to argue for probabilism is: i) to give an account of what degrees of belief are, and then ii) to show that those things should be probabilities, on pain of irrationality. Most of the action in the literature concerns stage ii). Assuming that stage i) has been (...) adequately discharged, various authors move on to stage ii) with varied and ingenious arguments. But an unsatisfactory response at stage i) clearly undermines any gains that might be accrued at stage ii) as far as probabilism is concerned: if those things are not degrees of belief, then it is irrelevant to probabilism whether they should be probabilities or not. In this paper we scrutinize the state of play regarding stage i). We critically examine several of the leading accounts of degrees of belief: reducing them to corresponding betting behavior (de Finetti); measuring them by that behavior (Jeffrey); and analyzing them in terms of preferences and their role in decision-making more generally (Ramsey, Lewis, Maher). We argue that the accounts fail, and so they are unfit to subserve arguments for probabilism. We conclude more positively: ‘degree of belief’ should be taken as a primitive concept that forms the basis of our best theory of rational belief and decision: probabilism. (shrink)
This article empirically investigates how Chinese executives and managers perceive and interpret corporate social responsibility (CSR), to what extent firms' productive characteristics influence managers' attitudes towards their CSR rating, and whether their values in favour of CSR are positively correlated to firms' economic performance. Although a large proportion of respondents express a favourable view of CSR and a willingness to participate in socially responsible activities, we find that the true nature of their assertion is linked to entrepreneurs' instincts of gaining (...) economic benefits. It is the poorly performing firms, or rather, firms with vulnerable indicators -smaller in size, State-owned, producing traditional goods and located in poorer regions that are more likely to have managers who opt for a higher CSR rating. Managers' personal characteristics per se are not significant in determining their CSR choice. Moreover, controlling for other observed variables, we find that managers' CSR orientation is positively correlated with their firms' performance. The better-off a firm is, the more likely its manager is to get involve in CSR activities. Firms with better economic performance before their restructuring would sustain higher postrestructuring performance. (shrink)
The paper’s target is the historically influential betting interpretation of subjective probabilities due to Ramsey and de Finetti. While there are several classical and well-known objections to this interpretation, the paper focuses on just one fundamental problem: There is a sense in which degrees of belief cannot be interpreted as betting rates. The reasons differ in different cases, but there’s one crucial feature that all these cases have in common: The agent’s degree of belief in a proposition A does not (...) coincide with her degree of belief in a conditional that A would be the case if she were to bet on A, where the belief in this conditional itself is conditioned on the supposition that the agent will have an opportunity to make such a bet. Even though the two degrees of belief sometimes can coincide (they will coincide in those cases when the bet has no expected causal bearings on the proposition A and the opportunity to bet have no evidential bearings on that proposition), it is the latter belief rather than the former that guides the agent’s rational betting behaviour. The reason is that this latter belief takes into consideration potential interferences that bet opportunities and betting itself might create with regard to the proposition to be betted on. It is because of this interference problem that the agent’s degree of belief in A cannot be interpreted as her betting rate for A. (shrink)
Norms are a pervasive yet mysterious feature of social life. In Explaining Norms, four philosophers and social scientists team up to grapple with some of the many mysteries, offering a comprehensive account of norms: what they are; how and why they emerge, persist and change; and how and to what extent they themselves serve to explain what we do. Norms, they argue, should be understood in non-reductive terms as clusters of normative attitudes that serve the function of making us accountable (...) to one another - with the different kinds of norms (legal, moral, and social norms) differing in virtue of being constituted by different kinds of normative attitudes that serve to make us accountable in different ways. The best explanations of and by norms are thoroughly pluralist in character. Explanations of norms should appeal to the ways that norms help us to pursue projects and goals, individually and collectively, as well as to enable us to constitute social meanings. Explanations by norms should recognise the multiplicity of ways in which we may be responsive to norms in the actions we perform, the attitudes we form, and the modes of deliberation in which we engage: following, merely conforming with, and even breaching norms. While advancing novel and distinctive positions on all of these topics, Explaining Norms will also serve as a sourcebook with a rich array of arguments and illustrations for others to reassemble in ways of their own choosing. (shrink)
This short article explores the relationship between transitional justice mechanisms and peacebuilding by analysing the role that reparations may play in transforming or deepening conflict. Research seeks to identify potential components of an emancipatory approach to peacebuilding through the prioritisation of ‘transformative reparations’ processes, framing this proposal within the case study of collective reparations to the trade union movement in Colombia.
The article deals with the application rationae personae of the right to selfdetermination. Relying on the existing international legal framework, decisions of the judicial bodies and doctrine, the author analyses conceivable beneficiaries of the above-mentioned right: the inhabitants of Trust and Non-Self-Governing territories, peoples under foreign occupation, the entire population of a state and subgroups within a state.
As an EU state, Lithuania has become an active member of the eEurope 2005 initiative, implementing the goals set forth in the strategic plan for the development of information society in Lithuania. Information technologies introduced into various areas of life open up new, more convenient opportunities to receive services and information. The modernization of state management becomes an integral factor for ensuring continuous social development. The objective of this paper is to study practical aspects of the application of specialized knowledge (...) in the investigation of crimes on electronic data and information systems security and to offer some recommendations for the investigation and prevention of such crimes. This article is the first of a two part study. In the next article, the authors intend to present aspects of prevention in crimes against electronic data and information systems security. The authors used statistical data, results of a survey of experts—investigators of crimes on electronic data and information system security, experts of information technology (IT) forensics. (shrink)
Protecting consumers' rights set higher standards on the rights of security compared with other participants of civil turnover, so the concept of consumer acquires not only theoretical but also practical significance. Definition of consumer must be sufficiently clear and precise as the proper subject of classification depends on what rules will apply to legal relationships arising. To this purpose, the concept of consumer is formulated as the concept of both the European Union and national legislation. Both presented the concept of (...) consumer that is defined in accordance with the formal characteristics and prejudices that individuals are the weaker party without the actual value of that person experiences and knowledge and so on. (shrink)
The aim of this paper is to present the activities and research methodologies of CTL (Centro di Elaborazione Informatica di Testi e Immagini nella Tradizione Letteraria), a laboratory of the Scuola Normale Superiore of Pisa, founded and directed by Lina Bolzoni. CTL’s objective is to investigate the complex structure of relationships between the linguistic and the figurative code in literary tradition, paying particular attention to the XVth, XVIth and XVIIth centuries and using information technologies both as an auxiliary research (...) tool and as a medium for scientific dissemination. Here I shall be discussing the Centre’s digitalization projects, and in particular the project concerned with the Orlando Furioso and its remediation into images. This project, active since 2007, is, I believe, particularly representative of the progressive implementation within CTL of both traditional and computer-related methodologies in the planning of digital collections dedicated to words and images. (shrink)
El siguiente documento es el resultado de un seminario de investigación sobre novela policíaca latinoamericana reciente, desarrollado en el curso de Novela Latinoamericana, de la Facultad de Filosofía y Letras en la Universidad de La Salle. La fundamentación teórica del seminario tuvo como marco general la Estética de la Recepción fundada en la Escuela de Constanza, Alemania, por Hans Robert Jauss y Wolfgang Iser. Para el caso concreto de la teoría literaria sobre novela policíaca vista en perspectiva sociológica, preferimos apelar (...) a las reflexiones fundacionales de Roger Caillios (1942), las que tiene un sugestivo subtítulo, a saber, La novela policíaca. –De cómo la inteligencia se retira del mundo para consagrarse a sus juegos y de cómo la sociedad introduce sus problemas en éstos. Por otra parte, elegimos la novela corta de Roberto Bolaño, La pista de hielo; y sobre esta elaboramos distintas hipótesis de trabajo, hasta lograr, al juicio de nuestros lectores, una propuesta de teoría literaria, que dé cuenta de la nueva narrativa policíaca. (shrink)
The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first 3.192 Article (...) paragraph of the Civil Code of the Republic of Lithuania, and the responsibility for avoiding to maintain a child is provided in Article 164 of the Criminal Code. The article discusses the fact that the analysis of criminal law rate is not precise enough. Article 164 of the Criminal Code does not match with the child maintenance methods specified in the CC Article 3.196 paragraph 1. Since criminal liability is only for judgment in default in civil cases, a person shall only be liable for breaking the right to maintain a child, provided in the CC 3.196 paragraph 1. This article deeply analyzes the problematic qualification aspects of the avoidance to maintain a child. Some alternative ways of child maintenance are mentioned, as can be chosen from other law instruments (bailiffs, Guarantee child support fund) and it leads to the ultima ratio principle. On the other hand, it is not required to seek alternative remedies for affected interests, and it is possible to initiate a pre-trial investigation. Therefore, this article seeks to identify specific civil and criminal law rules delimitation. Avoidance of child maintenance is an ongoing crime. The main problem in legal practice is to determine an end of this ongoing criminal conduct. The practice of the Supreme Court of Lithuania is not unanimous. In some cases, the end of this ongoing conduct is considered to be a moment when the past judgment has entered into force, in other cases – the moment of indictment. These positions are criticized by many authors and it is suggested to follow the Supreme Court’s practice, according to which the moment when a judgment of conviction for the criminal act is passed should be considered as an end of an ongoing criminal conduct. (shrink)
This paper attempts to explore the underlying nature and terms of Higher Education policy. Higher Education policy cannot be viewed outside the changing conditions of the state especially when the inquiry centres on Europe. In the European context, policy making, in order to be efficient, seems to be conducted on two levels, the supranational and the regional. This change in the structure of Higher Education policy making can be considered as an outcome of globalization and the current market economy. The (...) EU's Higher Education policy may be expected to go beyond the national into the supranational level of cooperation with the launching of new initiatives resulting from the Bologna Process and the European Higher Education Area. These initiatives are reshaping the role and responsibilities of Higher Education Institutes towards society and the market. The new role that these institutes are called upon to play indicates a clear tendency towards dissemination and the growing need for cooperation at the regional level. (shrink)