When discussing the extinction of humanity, there does not seem to be any clear agreement about what ‘humanity’ really means. One aim of this paper is to show that it is a more slippery concept than it might at first seem. A second aim is to show the relationship between what constitutes or defines humanity and what gives it value. Often, whether and how we ought to prevent human extinction depends on what we take humanity to mean, which in turn (...) depends on what we value about humans. Finally, I will offer a definition of humanity that I argue offers a plausible account of when we might say humanity has gone extinct, and reflects what we value about humans, and relatedly, what many actually care about in terms of why we should be preserved. (shrink)

Cognitive values are the characteristics that are constitutive of good theories, the criteria to which we appeal when choosing among competing theories. I argue that, in order to count as a cognitive value, a characteristic must be needed to explain actually made theory choices, and its cognitive significance must be well defended especially in view of considerations derived from the objective of science. A number of proposed objectives of science are entertained, and it is argued that adopting a par-ticular (...) objective is dialectically intertwined with commitment to certain social values.Then, the ways in which science is, and is not value free is explored briefly, leading to the identification of a level of analysis where values may influence theory choice without causing paradox or threatening the impartiality of soundly-made scientific judgments. (shrink)

Values-based recruitment is used in England to select healthcare staff, trainees and students on the basis that their values align with those stated in the Constitution of the UK National Health Service. However, it is unclear whether the extensive body of existing literature within the field of moral philosophy was taken into account when developing these values. Although most values have a long historical tradition, a tendency to assume that they have just been invented, and to (...) approach them uncritically, exists within the healthcare sector. Reflection is necessary. We are of the opinion that selected virtue ethics writings, which are underpinned by historical literature as well as practical analysis of the healthcare professions, provide a helpful framework for evaluation of the NHS Constitution values, to determine whether gaps exist and improvements can be made. Based on this evaluation, we argue that the definitions of certain NHS Constitution values are ambiguous. In addition to this, we argue that ’integrity' and ’practical wisdom', two important concepts in the virtue ethics literature, are not sufficiently represented within the NHS Constitution values. We believe that the NHS Constitution values could be strengthened by providing clearer definitions, and by integrating ’integrity' and ’practical wisdom'. This will benefit values-based recruitment strategies. Should healthcare policy-makers in other countries wish to develop a similar values-based recruitment framework, we advise that they proceed reflectively, and take previously published virtue ethics literature into consideration. (shrink)

South Africa is experiencing an HIV/AIDS epidemic of enormous proportions. The workplace, like all the other sectors, is adversely affected. The tendency of a significant proportion of employers has been to discriminate against employees and job applicants living with HIV/AIDS through use of HIV testing to exclude those that are HIV‐positive. In the case of Hoffmann v South African Airways, the Constitutional Court was asked to determine the constitutionality of excluding a job applicant on account of an HIV‐positive status. (...) The Court ruled in favour of the applicant and ordered instatement. Through an analysis of Hoffmann v South African Airways, the article examines how constitutional values are impacting on HIV/AIDS‐related ethics in the workplace. (shrink)

John Dewey conceived democracy as a cooperative problem-solving practice in which actors try out provisional solutions by means of social communication. His notion of experimental democracy as a specific form of life and an ethical enterprise rather than simply a form of government implies the constitution of a polity as a practical and complex process of exchanging and sharing experiences. The aim of this paper is to test the feasibility of using a Deweyan theoretical basis for democracy to assess the (...) potential for a European process of political integration. The historical-conceptual presuppositions of the European Union’s institutional project preclude both a narrow local perspective and an illusory globalist scheme. To redirect Europe’s democratic vocation, a process of political and institutional communication must be developed that transcends the existing national paradigm. (shrink)

Note on Lacey's "The Constitutive Values of Science".

This article is an attempt to understand “Bounds of Ethics in a Globalized World”, the hiatus between principles, norms and values and how they are codified on the one hand and the risks that follow when the actualisations of regulative principles fail in political reality on the other hand. Considering the political, economic and social reality, it is frequently diagnosed that reality is lagging far behind the potential of constitutionally guaranteed rights and duties. A variety of constitutionally guaranteed (...) class='Hi'>values suffers from devaluation. Taking examples from Bavaria in Germany, questions concerning whether the Bavarian society is at the borders of ethical capacities, or whether the limits of possible ethical regulation have been reached are dealt with. Important parallels in the genesis of the Bavarian and the Indian constitution are highlighted in this context. Through an understanding of the ideas of Ludwig Erhard, a pragmatic approach and an innovative model is proposed for cultivating values in a sustainable way. The importance of values of virtues is discussed and an emphasis is put on the importance of practiced virtues. (shrink)

The Bavarian and the Indian constitutions were developed in almost the same period of time. Because of historic experiences the prospect of legal certainty was the determining factor for the representatives of the people in India and Bavaria. They elaborated functioning constitutions and integrated their fundamental ideological principles quite naturally. The Indian and the Bavarian constitution are characterized by their aspirations to balance social injustice, particularly by striking a balance between individual liberty and social need.The history of political economy demonstrates (...) a broad variety of interpretations regarding the meaning and function of value concepts. When we review all these value concepts we identify two poles of the value-concept that still lack compatibility with each other in economical and philosophical schools to this day. Value systems have to be applied situation-sensitive and are in need of a frequent critical reflection; they need to be refused or changed if necessary.Examining some examples of the Bavarian Constitution, we indicate some concordances with regard to contents of the Indian Constitutional Law. The equivalences in the Bavarian and the Indian Constitution incorporate entitlements which should protect citizens against an unjustified economical assault upon their existence. The social value conflicts that occur more and more because of the hiatus to the constitutionally warranted values, and that cannot be solved simply by law or political adjustment, are therefore up for discussion. We then examine the disparity between entitlements and reality and discuss the hierarchy of our values. (shrink)

India has produced several drafts of data policies. In this work, they are referred to [1] JBNSCR 2018, [2] DPDPR 2018, [3] NSAI 2018, [4] RAITF 2018, [5] PDPB 2019, [6] PRAI 2021, [7] JPCR 2021, [8] IDAUP 2022, [9] IDABNUP 2022. All of them consider Artificial Intelligence (AI) a social problem solver at the societal level, let alone an incentive for economic growth. However, these policy drafts warn of the social disruptions caused by algorithms and encourage the careful use (...) of computational technologies in various social contexts. Hence, the emerging data society and its implications in India's social contexts demand immense social science attention, which needs to be improved in the policy drafts, primarily because they are creations of industry stakeholders, technocrats, bureaucrats, and experts from tech schools. In the larger social milieu of digital infrastructure emerging, the fundamental question is whether India's national philosophy envisioned in the Indian constitution is reflected in the policy papers. The paper enquires whether the national data policy upholds the core values dispersed through the philosophy of the Indian constitution, which, among other things, is not confined only to inclusion, diversity, rights, liberty, justice and equality. By focusing on constitutional values, the paper seeks to offer a broader and more critical understanding of India's approach to AI policy by bringing together analyses of a wide array of policy documents available in the public realm. (shrink)

The research presented in this article aims to contribute both quantitatively and qualitatively to the discussion on family versus non-family businesses' differences in ethical core values, culture and ethical climate. The purpose of our article is to better understand the association between the degree of involvement of a family in an enterprise and its influence on the enterprise's core values, culture and ethical climate as the constitutional elements of enterprise ethical behaviour. The research indicates that family as (...) well as non-family enterprises maintain positive attitudes towards the core values with ethical content. Regarding the type and strength of culture as well as the type of ethical climate, our research results indicate significant differences between family and non-family enterprises. (shrink)

A central question of environmental ethics remains one of how best to account for the intuitions generated by the Last Man scenarios; that is, it is a question of how to explain our experience of value in nature and, more importantly, whether that experience is justified. Seeking an alternative to extrinsic views, according to which nonhuman entities possess normative features that obligate us, I turn to constitutive views, which make value or whatever other limits nonhuman nature places on action dependent (...) on features intrinsic to human beings and constitutive of them or their obligations. After examining two kinds of constitutive views—environmental virtue ethics and Korsgaard’s Kantianism—I suggest an alternative that takes up the strengths of both while avoiding their shortcomings. On this view, we have an indirect obligation to experience nature as obligating us, although we have direct obligations only to human beings. (shrink)

In two decisions delivered inFebruary and March 2001, the German FederalConstitutional Court voided the maritalagreements struck between a man and a pregnantwoman on the grounds that they were the productof an inequality of bargaining power betweenthe parties. These findings, involving anapplication of the fundamental rightsprovisions of the German Basic Law to privateagreements, demonstrate the creeping competenceof the F.C.C. into the sphere of contractualrelations and an ongoing questioning ofthe traditional public/private law divide. Exploring some of the implications of applyingpublic values (...) and constitutional reviewstandards to private agreements, this notecontextualises the decisions within the debateupon competing (and ultimately colliding)social systems of the family and the market. (shrink)

This article provides an analysis of the phenomenology of affectivity underlying the work of Edith Stein. Taking as point of departure two of her works, The problem of Empathy (1917) and Philosophy of Psychology and the Humanities (1922), the paper focuses on the idea that emotions fulfil a cognitive function: they make us accessible the realm of values. The argument of the paper is developed in two sections. The first section offers an overview of Stein’s main theses about emotions, (...) feelings, moods and sentiments and places them within the larger framework of the early phenomenological accounts on affectivity. The second section examines the claim that emotions are responsible for grasping values concentrating on two facets of this thesis: the first regards the epistemological question according to which values are grasped by affective phenomena, while the second regards the ontological question about the nature of these grasped values. (shrink)

The present paper is an attempt to study the acts and intentions which set up for the subject, and for the community of subjects, a set of values and disvalues which impose themselves as valid upon everyone, and which everyone must tend to prescribe, or to warn against, for everyone. The acts which set up a formal apophantic and ontology have been studied by Husserl in his Formal and Transcendental Logic , but he has not set out a comparable (...) theory of the acts which set up a universally valid system of values and disvalues. He has not done so because he does not believe in such a system, because his thought goes no further than the values set up for and felt to hold in a given group or society. It is my view that there is an ineluctable progress from these relativistic group-values to a set of values and disvalues holding for everyone, and that moreover in their relation to everyone, and that these values and disvalues have definite and undeniable shapes and locations, even if these shapes also have somewhat nebulous contours. The views I am expounding on this occasion are not new: they are fully set out in my Values and Intentions and my Axiological Ethics and in other writings. Ideas, however, require restatement at intervals, with a suitable change of idiom and emphasis. And I feel my views on this topic to have a claim to truth simply because, quite differently from my views on other topics, and despite constant reflection, they have hardly changed over the last two decades. The inspiration for these views was only in part Husserlian, as I do not think that the emotional and the axiological are really Husserl's strong suit. Strangely enough, that dry thinker Meinong would seem to have had a much richer emotional life and the ability to frame a theory to fit it, than the much easier and at times effusive thinker Husserl. Meinong's 1917 Austrian Imperial Academy treatise, On Emotional Presentation , recently translated for the Northwestern Phenomenology series, is a much more systematic investigation of the presuppositions of value-theory than any writing of a professed phenomenologist. What I have to say will build considerably on Meinong, always a major influence in my thought. But I have also been much influenced in my approaches to value-theory by the transcendental methods of Kant. Kant, I think, could very well have worked out a transcendental deduction of the heads of value and disvalue, a deduction much more illuminating than the dogmatic intuitionism of Scheler and Hartmann, instead of producing the arid triad of categorical imperatives that were all that he actually deduced. Imperatives, I consider, are secondary structures in value-constitution: the primary structures are the ultimate objects of necessary, rational pursuit and avoidance which Kant wrongly thought of as involving heteronomy and a corruption of pure form by matter. There is, I shall argue, nothing more free from extraneous, pathological material than the objects of the pursuits and avoidances in question. (shrink)

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and (...) the balance of power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

This paper argues for the value of philosophers in a school of social sciences within a university, for fixing what I call disciplinary constitutions. A disciplinary constitution is a statement of “How our discipline works: how we achieve the ends of our discipline.” A lot of people depend on a constitution, but such a thing usually runs into problems and philosophers can identify these problems and propose solutions. I suggest that it is essential for the autonomy of an ambitious school (...) to be able to do such work internally. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

Reason and Value collects 15 new papers by leading contemporary philosophers on themes from the work of Joseph Raz. Raz has made major contributions in a wide range of areas, including jurisprudence, political philosophy, and the theory of practical reason; but all of his work displays a deep engagement with central themes in moral philosophy. The subtlety and power of Raz's reflections on ethical topics make his writings a fertile source for anyone working in this area. Especially significant are his (...) explorations of the connections between practical reason and the theory of value, which constitute a sustained and penetrating treatment of a set of issues at the very center of moral philosophy as it is practiced today. The contributors to the volume acknowledge the importance of Raz's contributions by engaging critically with his positions and offering independent perspectives on the topics that he has addressed. The volume aims both to honour Raz's accomplishments in the area of ethical theorizing, and to contribute to an enhanced appreciation of the significance of his work for the subject. (shrink)

The boundary problem on defining the conceptual scope and limits of a mental disorder may be tackled at either side of the boundary. On one side, philosophers and philosophically minded clinicians tried clarifying the concept of mental disorder and its related concepts of mental illness and dysfunction in their use and definition. On the other side, Mohammed Rashed's article gives a substantive and refreshing account of this neglected side in terms of social recognition. Thereby the boundary is clarified from the (...) outside through the limits set by the epistemic status of identity claims and the diachronic and synchronic unity of the self-conceptions that make up a person's identity.Stimulated by and building... (shrink)

Drawing on work in International Relations, International Law and Global Governance, this book aims to provide a clear and wide-ranging introduction to the ...

Several authors have recently argued that intelligibility, rather than value, constitutes life’s meaning. In this paper I criticize the intelligibility view by offering examples of cases in which i...

A range of stakeholders are interested in organisational values, with demands from consumers, trade unions and pressure groups. Organisations face the challenge of integrating employees from several cultures and overcoming value differences. Coupled with this emphasis on organisational values there is increasing interest in the role of discourse in constituting meaning. This research shows how texts constitute organisational values. Hermeneutics is used to analyse the texts of the Open University and UK FTSE4good companies. The research shows that (...) organisational values are constituted through three hermeneutic circles — fragmentation/integration, conceptuality/contextuality and temporality — that provide an integrated medium for interpreting values. The three hermeneutic circles are mediated by a fourth: the tropological circle, where metaphor and homonymy fuse horizons, and synecdoche and metonymy relate parts and whole. Both texts and tropes mediate the transvaluation of organisational values across time. In recontextualising its values the organisation becomes a metaphor of itself. (shrink)

PurposeThe purpose of this paper is to add one further value to the previously articulated “universal values” and to describe the constituent components of three universal values.Design/methodology/approachThis interpretive/constructivist study of Australia's largest online community of seniors involved a 30‐month ethnographic investigation. After an initial period of 11 months of observing social interaction on the entire site, in‐depth, semi‐structured interviews were conducted with 30 participants, selected according to criterion sampling, a form of purposive sampling.FindingsFour key moral values were (...) identified: equality, freedom, respect and trust. All of them had been found in other studies, with equality and respect (as human dignity) identified as universal values. The findings from this study suggest that freedom is another universal value.Originality/valueThis study extends the understanding of universal values to include freedom. Further, it demonstrates the constituent components for freedom, and those of two other universal values previously identified in the literature, equality and human dignity, as well as revealing linkages between these three values. (shrink)

The relationship between aesthetic value and other moral and cognitive values has been a key theme within contemporary aesthetic discussion. In this article, I explore once again the implications of this relationship, but from what I think might be a different angle. With few exceptions, notably Dominic Lopes, most of the contributions to this issue have dealt with the impact that moral or cognitive values could possibly have on the overall aesthetic value of a work of art. In (...) this article, I explore instead how aesthetic properties or merits could play a role in explaining moral and cognitive properties. To do so, I first offer some examples that I think may reasonably exemplify the phenomenon we are considering. Second, I argue that a proper account of interactionism should meet at least two constraints: the relevance constraint and the autonomy constraint. Finally, I try to clarify how it is possible that aesthetic properties substantially contribute to other values by appealing to the notions of expression and the affective character of aesthetic properties. (shrink)

In his Ideas I (1913), with his thought experiment of world-annihilation, Husserl becomes persuaded that the beings of which we are conscious do not simply lie ‘out there’ in themselves, enjoying an independent (realistic) existence. Our experience of beings in a world, qua total horizon of beings, is the achievement of our intentional consciousness, which unfolds its overall constitutive possibilities. It is because of this that in our everyday meaningful comportments, we are always intentionally correlated with what is “Vorhanden” for (...) us. In what we know as Ideas II, Husserl sought to offer concrete analyses of such intentional constitutions. He distinguished three fundamental spheres of intentional objectities: inanimate material nature, animate or psychic nature, and spirit or culturality. These constitute, as Husserl puts it, three different regions of Being, comprising beings that are meaningfully given in the three corresponding kinds of intentional correlation. Thus, he divided the problem of intentional constitution into three corresponding sub-problems. Now, according to Husserl’s Phenomenology, some intentional interdependence holds between these three regions of Being. In the way the matter was approached in Chap. 5 of the present book, the region of inanimate material nature, which comprises the nature-things (Naturdinge), is presented as being the most fundamental. The constitution of animate-psychic nature is, in its turn, thought of as presupposing inanimate nature-thinghood as its intentional foundation. Spirit and culturality, finally, presupposes the first and, somehow, the second region. It is generally thought that Husserl was of the view that, for us, primordial consciousness is the perceptual experience of nature-things; simple sensory perceptual things. That is, on the lowest level of our conscious life, we are intentionally correlated with simple perceptually appearing things. Our experience of cultural beings or, more broadly speaking, things of value (goods) like tools, books, etc., is intentionally derivative and founded upon the former. In his Being and Time (1927), Heidegger, who had already been influenced by Husserl’s discussion of the aforementioned ontological regions, claimed that primordially, intentional experience presents us with a world where equipment and other beings like us appear. Moreover, the givenness of beings as nature-things, or simply as sensory perceptual beings, is the result of a theoretical construction. In what I would like to call “standard” or “received” Heideggerian criticism of Husserl’s Phenomenology, it is held that Husserl starts his analysis at a high level of theoretical intentionality. What Husserl takes as primordial intentionality, the story goes, is an experience that is possible only as attentive-observational and thematic givenness of beings; nature-things can appear only in ‘elaborate’ derivative experience of such a kind. In addition, in this judgmental constitution of nature-things, the properties attributed to them appear to belong to science. This thesis, Heidegger maintains, makes Phenomenology unfaithful to its very dictum that calls us to remain close “to the things themselves.” If Phenomenology were to stay close to how things indeed are, it would discover that primordially, we are not correlated with theoretically constituted vorhanden nature-things, but with zuhanden equipment of different kinds. Positing nature-things or perceptual things as the ultimate fundament of intentional givenness moves us away from the original sense of Phenomenology and accepts phenomenologically unjustified prejudices. (shrink)

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with (...) the principle of intergenerational justice. Recurring constitutional reform commissions in fixed time intervals would give each generation of citizens a say without leaning too much to the side of flexibility. (shrink)

This chapter contains sections titled: The Enlightenment and Its Antecedents Equal Rights and American Constitutional Law Liberty and Equality under the Constitution The Radical Critique and the Radical Dilemma Rawls Dworkin Equality of Capabilities Equality Unmodified or Spheres of Justice Is Equality a Value? References.

The question of what constitutional constraints should apply to government efforts to regulate scientific speech is frequently contrasted to the question of what constitutional constraints should apply to government efforts to regulate scientific research. This comment argues that neither question is well formulated for constitutional analysis, which should instead turn on the relationship to constitutional values of specific acts of scientific speech and research.

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule (...) of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

‘Constitutive luck’ refers to luck that affects the sort of person one is. This article demonstrates that it is a philosophically troubling sort of luck, causing problems in, at least, ethics and political philosophy. Some, notably Susan Hurley, Nicholas Rescher, and Daniel Statman, have argued that such trouble can be avoided, by pointing out that the notion of constitutive luck is incoherent. The article examines this claim by means of a discussion of the idea of luck in general, settling on (...) an account of luck in terms of the notions of chance, value, and (lack of) control. This account is then used to show that the notion of constitutive luck is not incoherent. We are stuck with the problems made by constitutive luck. (shrink)

Article 14 Chapter I ‘The State of Lithuania’ of the Constitution of the Republic of Lithuania of 1992 reads as follows: ‘Lithuanian shall be the State language’. This principle is not new in the Lithuanian history of constitutionalization, as Lithuanian was the official language of the State in the interwar period but lost this status during the Soviet occupation. After 1988, when many political, economic and social changes crucial for further development of the State took place in Lithuania, linguistic issues (...) re-emerged. It was recognized back then that language played a vital role in the life of the State and the society, and the Lithuanian language was given back its status of the official language by the Constitution. The principle that Lithuanian is the official language of the State, enshrined in Article 14 of the Constitution of the Republic of Lithuania, was further elaborated by the Constitutional Court of the Republic of Lithuania in its rulings and judgments. According to its official constitutional doctrine, the Lithuanian language should be treated as a very specific constitutional value, as it forms the basis of the ethnic and cultural identity of the Lithuanian nation and is the guarantor of the national identity and survival. The status of Lithuanian as the official language means that the Lithuanian language must be used in all spheres of public life. The Court also holds that having this principle enshrined in Chapter I ‘The State of Lithuania’ of the Constitution implies that the Lithuanian language enjoys particular protection since the provisions of this Chapter may be amended only by a referendum. (shrink)

Manufacturing and industry practices are undergoing an unprecedented revolution as a consequence of the convergence of emerging technologies such as artificial intelligence, robotics, cloud computing, virtual and augmented reality, among others. This fourth industrial revolution is similarly changing the practices and capabilities of operators in their industrial environments. This paper introduces and explores the notion of the Operator 4.0 as well as how this novel way of conceptualizing the human operator necessarily implicates human values in the technologies that constitute (...) it. The design approach known as value sensitive design (VSD) is used to explore how these Operator 4.0 technologies can be designed for human values. Expert elicitation surveys were used to determine the values of industry stakeholders and examples of how the VSD methodology can be adopted by engineers in order to design for these values is illustrated. The results provide preliminary adoption strategies that industrial teams can take to Operator 4.0 technology for human values. (shrink)

In this paper I defend and develop Bernard Williams’ claim that the ‘constitutive thought’ of regret is ‘something like “how much better if it had been otherwise”’. An introductory section on cognitivist theories of emotion is followed by a detailed investigation of the concept of ‘agent-regret’ and of the ways in which the ‘constitutive thought’ might be articulated in different situations in which agents acknowledge casual responsibility for bringing about undesirable outcomes. Among problematic cases discussed are those in which agents (...) have caused harm through no fault of their own, or have been constrained to choose the lesser of two evils or to act against their moral values. R. Jay Wallace’s ‘bourgeois predicament’ and related cases, in which we recognize that our present advantages have flowed from regrettable antecedents, further show that regret is often not a simple emotion, and it is argued that conflicted regrets are sometimes unavoidable. Finally, the paper looks at Descartes’ account of regret as a form of sadness engendered by the recollection of irrecoverable happy experiences, to which the ‘constitutive thought’ does not readily apply. It is suggested that what Descartes is discussing is a different genre of emotion for which ‘nostalgia’ might be a better name. (shrink)

Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether the meaning of (...) the constitution is given solely by its words, or also by additional evidence of underlying intentions, purposes or values. The second question is whether, in either case, its meaning is determined by the original meanings, intentions, purposes or values of the founding generation, or by contemporary meanings, intentions, purposes or values. This question divides so-called 'originalists' from 'non-originalists'. This article discusses all these alternatives, and the main arguments for and against them. It is subtitled 'Originalism' because it defends a moderate version of that position; however, it is argued that this is equivalent to a moderate version of non-originalism. (shrink)

Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or (...) animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. (shrink)

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to (...) complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu). (shrink)

In this paper I develop a framework for environmental philosophy on the ground of what I call a radical relationalism based on Whitehead’s thought. Accordingly, relations are ontologically prior to and constitutive of entities rather than being conceived as external link(ing) between them. On this ground an alternative, relational axiology can be developed that challenges the current environmental ethics debate and its dichotomy between intrinsic and instrumental values. In the last section, I show how such an axiology can become (...) an important ally for global environmental justice struggles and help support what the anthropologist Arturo Escobar calls a “decolonial view of nature.”. (shrink)

In epistemology, the concept of knowledge is of distinctive interest. This fact is also reflected in the discussion of epistemic value, which focuses to a large extend on the value problem of knowledge. This discussion suggests that knowledge has an outstanding value among epistemic standings because its value exceeds the value of its constitutive parts. I will argue that the value of knowledge is not outstanding by presenting epistemic standings of checking, transferring knowledge, and proving in court, whose values (...) exceed the value of knowledge in certain contexts. Moreover, the values of these other epistemic standings do not always rely on the value of knowledge. In terms of value, knowledge is not an outstanding epistemic concept. Hence, in terms of value we cannot find support for the privileged position that knowledge enjoys in epistemology. (shrink)

What is it to "value" something, in the semi-technical sense of the term that Gary Watson establishes? I argue that valuing something consists in caring about it. Caring involves not only emotional dispositions of the sort that Agnieszka Jaworska has elaborated, but also a distinctive cognitive disposition – namely, a (defeasible) disposition to believe the object cared about to be a source of agent-relative reasons for action and for emotion. Understood in this way, an agent's carings have a stronger claim (...) to "speak for" her as her values than do other attitudes that have been proposed for this role. In particular, an agent's carings establish more robust psychological continuities and cross-temporal connections than do self-governing policies of the sort that Michael Bratman has described; and they forge diachronic coherence not just in her deliberation and action, as self-governing policies do, but also in her cognitive and emotional life. An agent's carings thus help to constitute her identity as a temporally persisting subject . Self-governing policies are at best ersatz -values, which an agent may choose to adopt when she finds that her proper values – her cares – leave her course underdetermined. (shrink)

Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS’s interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are (...) discerned: the first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades. (shrink)

According to tradition, aesthetic value is non-contingently connected to a certain feeling of liking or pleasure. Is that true? Two answers are on offer in the field of aesthetics today: 1. The Hedonist answers: Yes, aesthetic value is non-contingently connected to pleasure insofar as this value is constituted and explained by the power of its possessors to please (under standard conditions). 2. The Non-Affectivist answers: No. At best, pleasure is contingently related to aesthetic value. The aim of this paper is (...) to point to a blind spot in the dialectic between these two standard positions by defending a third neglected answer to the question above, the answer of the Value-Meriting-Pleasure [VMP] advocate. According to this answer, a certain kind of (cognitive and responsive) pleasure is connected to aesthetic value non-contingently, but also non-hedonically. VMP is the view that objects of aesthetic value are non-contingently related to pleasure insofar as they merit a certain kind of pleasure. But, pace the hedonist, those objects are valuable (those that are to be engaged with etc.) neither on account of their capacity to give pleasure nor on account of the hedonic value of the attitude they merit. (shrink)

Ontological dualism is energetically resisted by a range of Christian scholars including philosophers such as Baker and Corcoran who defend accounts of human persons based on material constitution. Whilst Baker’s view fails to account for diachronic identity, Corcoran’s account of life after death makes use of Zimmerman’s problematic “Falling Elevator Model.” It is argued that Zimmerman’s recent reassessment of the model overestimates its value for materialists. In fact, the model generates either a fatal encounter with the nature of identity, or (...) absurdity. A lack of alternatives is illustrated by anticriterialist proposals. Thus it seems materialism and resurrection belief remain incompatible. (shrink)