. Three logical squares of predication or quantification, which one can even extend to logical hexagons, will be presented and analyzed. All three squares are based on ideas of the non-traditional theory of predication developed by Sinowjew and Wessel. The authors also designed a non-traditional theory of quantification. It will be shown that this theory is superfluous, since it is based on an obscure difference between two kinds of quantification and one pays a high price for differentiating in this way: (...) losing the definability between the existence- and all-quantifier. Therefore, a combination of non-traditional predication and classical quantification is preferred here. (shrink)
Who Needs Stories if You Can Get the Data? ISPs in the Era of Big Number Crunching Content Type Journal Article Category Special Issue Pages 371-390 DOI 10.1007/s13347-011-0041-8 Authors Mireille Hildebrandt, Institute of Computer and Information Sciences (ICIS), Radboud University Nijmegen, Nijmegen, the Netherlands Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433 Journal Volume Volume 24 Journal Issue Volume 24, Number 4.
Mireille Hadas-Lebel shines a spotlight on the complex life and works of Philo, the illustrious Alexandrian Jewish philosopher, offering a fascinating insight into a seminal religious thinker at the crossroads of Judaism and Hellenism.
Everything about Derrida suggests that he is for a radical reform or transformation of language, whilst Wittgenstein seems to vindicate a fidelity to ordinary language and to want to 'expunge' from language the 'metaphysical use' of words. But just how opposed are they? My contention in this paper is that Wittgenstein does not 'deconstruct', as some critics have rather loosely suggested, because, as we shall see, the expunging of metaphysical use favoured by Wittgenstein does not amount to the deconstruction of (...) metaphysical appurtenance practised by Derrida. However, there are interesting parallels to be drawn between the two philosophers which I shall try to articulate in the course of this paper. The first part provides the background, in Wittgenstein's writings, to his concept of 'metaphysi cal use'; the second is an exposition of what Derrida refers to as 'metaphysical appurtenance' and attendant notions such as those of binary oppositions and of the labouring of concepts; and the third is a summing up and a defence of the thesis that Wittgenstein does not, in any full-bodied sense of the term, 'deconstruct'. Key Words: Derrida • language • meaning • metaphysics • Wittgenstein. (shrink)
Cet article prend pour objet l'injonction à la commémoration collective dont les monuments dédiés aux soldats morts au combat portent témoignage. l'article retrace la manière dont cette injonction a pu revêtir une historicité caractéristique des Temps modernes. Ce travail vise à dégager l'arrière-plan duquel émerge la volonté de commémoration politique qu'affichent les monuments aux morts. Selon son argument principal, la fonctionnalisation politique et la démocratisation croissantes de la commémoration dont témoigne l'extension des monuments aux morts depuis la Révolution française n'ont (...) été rendues possibles que par un long processus de sécularisation. The theme of this article is the injunction to collective commemoration presented by monuments raised in honor soldiers killed in combat. This article examines the way in which this injunction displays an historical movement characteristic of Modern Times. It attempts to identity the historical basis from which emerged the will to political commemoration that the war monuments express. According to the argument adopted here, the growing political functionalization and democratization of commemoration, to which the great extension of war monuments since the French Revolution attests, become possible through a long process of secularization. (shrink)
This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...) This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty (TE), which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice (ECJ) that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT (and related judgements of the ECJ) may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar. (shrink)
In this contribution I address the type of emergency that threatens a stateâs monopoly of violence, meaning that the stateâs competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...) cannot easily be determined in advance. This indeterminacy raises two interrelated issues. Firstly, the issue of whether it makes sense to speak of criminal jurisdiction when the existing jurisdiction is challenged as such. To what extent does the indeterminacy call for inherently unlimited powers of the state, implying there can be no such thing as criminal jurisdiction during a state of emergency? Secondâif criminal jurisdiction is not in contradiction with the state of emergencyâthe issue of what criminal liability could mean in such a state needs to be confronted. To what extent does the indeterminacy inherent in the state of emergency jeopardise criminal liability because such indeterminacy engenders severe legal uncertainty regarding the standards against which the relevant actions are to be judged? Both issues will be discussed from the perspective of constitutional democracy, assuming that what is at stake in times of emergency is both the competence to sustain the monopoly of violence and the possibility to constrain the powers of the state. (shrink)
Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does (...) not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)
In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to (...) an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance. (shrink)
In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation of the environment to a personâs inferred preferences. Such an environment depends on distributed human and non-human intelligence that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing the vision of AmI we will present relevant research (...) in the field of philosophy of technology, inspired by the post-phenomenological position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human distributed intelligence for criminal liability. (shrink)
Des lecteurs dune récente livraison de Monist, The Relevance of Charles Peirce, pourraient chercher l'actualité de Peirce chez des philosophes contemporains influencés par lui. J'essaie de montrer que Peirce est actuel parce que son apport principal, le pragmatisme, se rattache profondément à des sujets qui nous sont familiers. Formé dans la tradition cartésienne et kantienne de l'epistemologie, l'oeuvre de Peirce intéresse les héritiers de cette tradition.Cependant, son pragmatisme fait apparaître les hésitations de cette tradition qui offre à ses héritiers une (...) incertitude epistemologic ue générale dont l'effet est de les engager vers un fondationalisme égocentrique qui isole plusieurs philosophes de l'actualité. Readers of the recent Monist publication, The Relevance of Charles Peirce (La Salle, Illinois, 1983) may seek to locate Peirce's « relevance » in the number of contemporary philosophers influenced by any aspect of his work.I argue, instead, that Peirce is relevant because his central work, pragmatism, relates deeply to matters immediately at hand. Since he is trained in Cartesian-Kantian tradition of epistemology, Peirce's work interests disciples of that tradition. In the end, however, his pragmatism discloses the errent tendency of that tradition : to offer its disciples over-generalized epistemological uncertainty and, therefore, the compensatory need to engage in egocentric foundationalisms. These foundationalisms isolate many contemporary philosophers from « mutters immediately at hand ». (shrink)
How to conceive the place of the brain in the specification of the animal environment relation? Reality is a continuum between external physical energies and brain energy. The global array concept linked to the physical world and its physical energies could be transposed to the brain as a physical object and a dynamical system.
Within science technology and society studies the focus has long been on descriptive micro-analyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does (...) not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'. (shrink)
Both corporate and global governance seem to demand increasingly sophisticated means for identification. Supposedly justified by an appeal to security threats, fraud and abuse, citizens are screened, located, detected and their data stored, aggregated and analysed. At the same time potential customers are profiled to detect their habits and preferences in order to provide for targeted services. Both industry and the European Commission are investing huge sums of money into what they call Ambient Intelligence and the creation of an ‘Internet (...) of Things’. Such intelligent networked environments will entirely depend on real time monitoring and real time profiling, resulting in real time adaptation of the environment. In this contribution the author will assess the threats and opportunities of such autonomic profiling in terms of its impact on individual autonomy and refined discrimination and indicate the extent to which traditional data protection is effective as regards profiling. (shrink)