En el ámbito del derecho procesal penal, particularmente en el contexto del tránsito, existe una carencia de disposiciones legales que regulen el aspecto probatorio para demostrar infracciones por parte de las autoridades competentes. Específicamente, la falta de regulación sobre el uso de fotografías o videos como evidencia dificulta el proceso de aplicación de la ley, ya que ni el COIP ni la LOTTTSV ni sus reglamentos abordan adecuadamente cómo deben obtenerse pruebas mediante medios digitales. Esta laguna normativa plantea interrogantes sobre (...) qué aspectos pueden capturarse en contenido digital, cómo llevar a cabo dicho proceso y qué requisitos deben cumplir los dispositivos utilizados. Ante esta situación, se justifica la necesidad de realizar una investigación exhaustiva para determinar qué aspectos deben incorporarse en la normativa de tránsito con el fin de garantizar un debido proceso. El objetivo principal de esta investigación fue identificar las deficiencias en la regulación del aspecto probatorio en casos de infracciones de tránsito, así como proponer recomendaciones para mejorar el marco normativo existente. Se buscó determinar qué aspectos deben ser incorporados en la normativa de tránsito para garantizar un debido proceso y una aplicación justa de la ley. Para abordar esta problemática, se llevó a cabo una investigación cualitativa con un enfoque descriptivo. Se empleó el método dogmático-jurídico analítico-sintético para analizar en detalle la legislación existente y las lagunas normativas relacionadas con la obtención de pruebas digitales en casos de infracciones de tránsito. Además, se realizaron entrevistas a expertos en derecho procesal penal y se recopiló información de jurisprudencia relevante. Este enfoque metodológico permitió una comprensión profunda de los desafíos y las posibles soluciones en este ámbito. Los resultados de la investigación revelaron importantes lagunas en la regulación del aspecto probatorio en casos de infracciones de tránsito. Se identificaron problemas relacionados con la falta de claridad en los procedimientos de obtención de pruebas digitales y la ausencia de criterios específicos para la admisibilidad de dichas pruebas en los procesos legales. Además, se destacó la necesidad de establecer estándares claros y procedimientos adecuados para garantizar la integridad y fiabilidad de la evidencia digital en el contexto del tránsito. Esta investigación resalta la importancia de abordar las deficiencias en la regulación del aspecto probatorio en casos de infracciones de tránsito. Se recomienda la implementación de medidas específicas para mejorar la recopilación y admisibilidad de pruebas digitales, así como la revisión y actualización de la normativa existente. Esto contribuirá a garantizar un proceso legal justo y transparente en el ámbito del tránsito, fortaleciendo así el Estado de derecho y la confianza en el sistema judicial. (shrink)

This paper investigates the regulation of ethical behavior of professionals. Ethical perceptions of South African professionals operating in the business community (specifically accountants, lawyers and engineers) concerning their need for and awareness of professional codes, and the frequency and acceptability of peer contravention of such codes were sought. The existence of conflict between corporate codes and professional codes was also investigated. Results, based on 217 replies, indicated that the professionals believe that codes are necessary and are relatively aware of the (...) contents of such codes. Despite these ethical tendencies, respondents (particularly lawyers) believe that their peers contravene their professional codes relatively often. No significant differences in ethical tendencies between professionals consulting to and those working in business were found. Many respondents were regulated by more than one code of ethics, but few experienced conflict between such codes. In the events of conflict occurring professionals chose to adhere to their professional code above others. (shrink)

This book by one of the world's foremost philosophers in the fields of epistemology and logic offers an account of suppositional reasoning relevant to practical deliberation, explanation, prediction and hypothesis testing. Suppositions made 'for the sake of argument' sometimes conflict with our beliefs, and when they do, some beliefs are rejected and others retained. Thanks to such belief contravention, adding content to a supposition can undermine conclusions reached without it. Subversion can also arise because suppositional reasoning is ampliative. These two (...) types of nonmonotonic logic are the focus of this book. A detailed comparison of nonmonotonicity appropriate to both belief contravening and ampliative suppositional reasoning reveals important differences that have been overlooked. (shrink)

I find it more than merely suggestive that we call many different kinds of pictures "realistic." As a category label, "realistic" is remarkably elastic. We cheerfully place into the category pictures that are made in strict accordance with the rules of linear perspective, pictures that are at slight variance with those rules but that nonetheless look perfectly "correct" , and pictures made in flagrant contravention of perspective geometry . We accept as realistic pictures that are made in strict accordance with (...) the rules of perspective construction that we could never judge as being similar to anything we might or could ever see . We accept as realistic pictures that are in sharp disagreement with what we now take to be the facts of vision . . . There is something charming and yet nasty about the belief in the special relation of picture to world. It is charming because it allows us to "enter" with ease into pictures and allows them to "extend" into our world. It allows us to think of pictures as "true to life," to use [Ernst] Gombrich's beguiling term, to look at a picture and ask questions of it, as if we were looking at the world through a window. It allows us to treat pictures as substitutes for the objects they represent and so, for example, to buy clothing from an illustrated catalogue, or to analyze architectural styles from pictures of buildings. In brief, it allows us to feel proximity to what is depicted and urges us to conclude that in certain important respects looking at a picture is equivalent to looking at what is pictured. Joel Snyder, associate professor of humanities and of art and design at the University of Chicago, teaches aesthetics, and theory and history of photography. A practicing photographer, he is currently completing a monograph on the photographer Timothy H. O'Sullivan. His contributions to Critical Inquiry include "Photography, Vision, and Representation" and "Reflexions on Las Meninas: Paradox Lost", written with Ted Cohen in the Winter 1980 issue. (shrink)

Predatory grooming is a form of abuse most familiar from high-profile cases of sexual misconduct, for example, the Nassar case at Michigan State. Predatory groomers target individuals in a systematic effort to lead them into relationships in which they are vulnerable to exploitation. This is an example of a broader form of epistemic misconduct that Leydon-Hardy describes as epistemic infringement, where this involves the contravention of social and epistemic norms in a way that undermines our epistemic agency. In this chapter, (...) Leydon-Hardy looks at the distinctive epistemic harm caused by epistemic infringement. She argues that this harm cannot be understood simply as the victim’s having a false belief, or even as her being alienated from her belief-forming mechanisms. A deeper understanding of the harm caused by infringement shows that it stems from damage to one’s epistemic agency, and indeed, to one’s personhood. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and human (...) rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

Under the present judicial interpretation of federal securities law, an individual is prohibited from trading on non-public information that has been misappropriated in contravention of a fiduciary duty. Trades made using non-pubIic information that has not been misappropriated are not prohibited by Rule 10b-5, promulgated under the Securities and Exchange Act of 1934. The current requirement of misappropriation to trigger Rule 10b-5 liability creates a gap that permits transactions that are both ethically and economically undesirable. Judicial or legislative reforms are (...) recommended to close the gap and help ensure the fairness and efficiency of securities markets. (shrink)

William Paley's Natural Theology has experienced a resurgence in popularity in recent decades with the continuing controversies over the teaching of evolution and the emergence of a new "intelligent design" movement. But while both the movement's supporters and detractors agree that Paley is an intellectual forefather of the present-day movement, this agreement is forged at the expense of historical accuracy. Paley's intelligent design has almost nothing in common with the present day movement and, in fact, suggests theological arguments against the (...) type of reasoning used by the modern movement. Paley wrote in reaction to Hume and in response to the evolutionary theories of Buffon and Erasmus Darwin. In this light, the Natural Theology suggests a different reading than it is usually given. Paley's narrowly-argued theology relies upon the ability to detect the presence of "purpose" in nature without relying upon knowing what those purposes are. His empirically-argued theology leads him to a God who operates through natural law, not in its contravention, and his concern goes far beyond proving the existence of a deity to undertaking the theological project of determining the attributes and characteristics of the deity. Though not himself an evolutionist, Paley put forth a theological worldview consistent with evolution. In fact, given his arguments that the observation of great contrivance increases the testimony of nature to God's power, Paley's philosophy might be more consistent with a theistic Darwinian evolution than with special creation. (shrink)

The ideals that gave rise to Daesh are not so much those of pre-modern Sunni Islam, including Salafism, as they are the ideals that post-colonial Arab states have propagated since the collapse of the Ottoman Empire. In contravention to long-established ideals of Islamic law, post-colonial Arab states have attempted to legitimate their own despotisms through a formal commitment to a certain kind of Islamic normativity. Inasmuch as Islam provides a ready political discourse to resist despotism, it is unsurprising that pan-Arab (...) “Islamist” movements have made resistance to despotism their central concern. Daesh, however, rejects the anti-despotic politics of modern pan-Arab and “Islamist” political movements and instead offers a despotic and apocalyptic religious conception of the political that is as far from the Sunni mainstream as the political despotisms of the post-colonial Arab states. In this respect, there is a deep synergy between Daesh and the despotisms of the modern Arab state, both of which portray themselves as the only alternative to the murderous tyranny of the other. The only long-term solution to Daesh, therefore, is reform of the despotisms of the post-colonial Arab states. (shrink)

Many liberal democracies have large populations of “unauthorized” migrants, who entered in contravention of immigration laws. In this paper, I will offer a new argument for allowing long-resident unauthorized migrants to transfer to “legal” status, which would allow them to live and work legally in their country of residence, without fear of deportation. I argue that legalization is required to secure the autonomy of these migrants, and that only by securing their autonomy can the state exercise authority over them legitimately. (...) I also respond to popular objections to legalization and illustrate the distinctive policy implications of my approach. (shrink)

Many liberal democracies have large populations of “unauthorized” migrants, who entered in contravention of immigration laws. In this paper, I will offer a new argument for allowing long-resident unauthorized migrants to transfer to “legal” status, which would allow them to live and work legally in their country of residence, without fear of deportation. I argue that legalization is required to secure the autonomy of these migrants, and that only by securing their autonomy can the state exercise authority over them legitimately. (...) I also respond to popular objections to legalization and illustrate the distinctive policy implications of my approach. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global justice. Moreover, (...) the bureaucratization of lethal force is seen to dissolve democratic ideals from within. The bureaucracy isolates the citizens from lethal force applied in their name. People are killed, in the name of the State, but without conspicuous justification, or judicial review, and without informed public debate. This article gives an account of the risk associated with the bureaucratization of the State’s lethal power. Exemplified by the covert drone, this is power with formidable reach. It is power as well, which requires great moral sensitivity. Considering the drone program, this article identifies challenges, which will become more prominent and pressing, as technology advances. (shrink)

In the Garden of Eden, the serpent convinces Eve to eat fruit from the Tree of Conscience, which she does and shares with Adam. Adam and Eve act in contravention to God’s orders against eating fruit from the tree. Traditional interpretations have suggested that this event—commonly referred to as “the Fall”—is an event where the serpent lied to Eve and that it was entirely negative. Instead, I argue that the serpent was correct to say, in fact, that in eating thisfruit (...) we would become closer to God. The Fall reveals a new mystery to us of God’s love for us and a blessing in disguise. (shrink)

On February 21, 1860, on the eve of Southern secession, Lucius Quintus Cincinnatus Lamar II gave an impassioned speech in defense of American slavery on the floor of the U.S. House of Representatives. Nearing the climax of his argument, Lamar proposed to read from a book he described as “an imperishable monument of human genius.” According to this author, and here Lamar quoted at length, “The ‘natural condition’ itself is one of absolute and thorough injustice, contravention of the right and (...) just. Every intermediate grade between this and the realization of a rational State retains, as might be expected, elements and aspects of injustice; therefore we find slavery, even in the Greek and Roman States, as we do... (shrink)

In this essay, I first demonstrate that Beth Dixon’s central arguments challenging Karen Warren’s “logic of domination” do not succeed. Second, I argue that the logic of domination not only connects the oppression of women and animals—a possibility that Dixon disputes—but it in fact plays a significant role in connecting these oppressions, and many others besides, in its capacity as a component of a larger oppressive conceptual framework. My negative arguments against Dixon provide a foundation for the positive arguments in (...) the second half of the paper, wherein, in contravention of her project, I establish that humans and animals clearly share emotions in a philosophically interesting sense, that this affective similarity allows us to draw conclusions about the oppression of animals from situations oppressive to humans, and, the main thesis, that the suffering of women, animals, and other oppressed groups is the symptom of a ubiquitous mindset morally untenable, psychologically dysfunctional, and characterized by an ideology of superior/inferior-dominator/dominated thinking. (shrink)

Amid undulating conceptions of the role and prowess of federalism emerges its central constitutional role: protecting American liberties against unwarranted governmental intrusions. To the extent that federalism is used as a guise for withdrawing fundamental rights to abortion by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, individual rights are sacrificed in contravention of constitutional structural norms.

In lieu of an abstract, here is a brief excerpt of the content:Colonial Figures and Postcolonial ReadingSuvir Kaul (bio)Jenny Sharpe. Allegories of Empire: The Figure of Woman in the Colonial Text. Minneapolis: U of Minnesota P, 1993.Sara Suleri. The Rhetoric of English India. Chicago: U of Chicago P, 1992.Biologists tell us that racialism is a myth and there is no such thing as a master race. But we in India have known racialism in all its forms ever since the commencement (...) of British rule. The whole ideology of this rule was that of the herrenvolk and the master race, and the structure of government was based upon it; indeed the idea of a master race is inherent in imperialism. There was no subterfuge about it; it was proclaimed in unambiguous language by those in authority. More powerful than words was the practice that accompanied them....—Jawaharlal Nehru, The Discovery of India (1946)Sara Suleri begins The Rhetoric of English India with a critique of “some of the governing assumptions” of the field of colonial cultural studies, which she sees as subject to a debilitating “concept-function”: “While the representation of otherness has long been acknowledged as one of the must [sic] culturally vexing idioms to read, contemporary interpretations of alterity are increasingly victims of their own apprehension of such vexation. Even as the other is privileged in all its pluralities, in all its alternative histories, its concept-function remains too embedded in a theoretical duality of margin to center ultimately to allow the cultural decentering that such critical attention surely desires” [1]. Suleri enumerates some of the problems attendant upon “alteritist” methods of reading: “While alteritism begins as a critical and theoretical revision of a Eurocentric or Orientalist study of the literatures of colonialism, its indiscriminate reliance on the centrality of otherness tends to replicate what in the context of imperialist discourse was the familiar category of the exotic.” In its single-minded devotion to the analysis of difference, alteritism runs the risk of “representing ‘difference’ with no attention to the cultural nuances that differentiation implies. Instead, alteritism reads to reify questions of cultural misapprehension until ‘otherness’ becomes a conceptual blockage that signifies a repetitive monumentalization of the academy’s continuing fear of its own cultural ignorance” [12].In her account of academic processes, Suleri is surely right in claiming that, “in contravention of the astounding specificity of each colonial encounter... contemporary critical theory names the other in order that it need not be further known” [13], thus providing theoretical models and vocabularies whose easy portability and schematic applicability become the reasons for their institutional success. Now that a loose affiliation of texts, revisionary reading practices, and literary histories are being institutionalized (particularly in departments of English) under the disciplinary rubric of colonial and postcolonial discourse studies, such a questioning of the protean versatility [End Page 74] and analytical usefulness of notions of “otherness” or alterity is timely. 1 In much academic writing, the critique of colonial discourses ends where perhaps it should begin, by positing the many forms of alterity that are invoked in the writing of the imperial, nationalist, or even subaltern subject. Particularly in the work of literary theorists, this dynamic of self and other proves entirely compelling when charted in and through textual representation, and the metropolitan archive, both literally and figuratively open in our moment of decolonization, provides ample opportunity to think about the reiterated motifs of “civilization” and “barbarism,” modernity and its antecedents, trade and empire, warfare and conquest.Yet what is to make such intellectual work “postcolonial” in any significant sense? Today, “postcolonial studies” in the Anglo-US academy often suggests simply the opening up of a new archive or a bringing together, in different ways, of various interpretative or reading techniques developed by poststructuralist theorists. There is little evidence that such intellectual work derives any of its critical functions and polemical urgencies from the present-day cultural and intellectual life of the “postcolonial” nation or nations whose historical legacy is under study. Metropolitan concerns and agendas dictate the nature and process of inquiry, rather than a more appropriate sense of the pressing issues that have priority in the national debates of once-colonized countries. What is required is a different... (shrink)

" C'est pas juste!": combien de fois un enfant ne prononce-t-il pas - tout haut ou en silence - cette exclamation indignée? Combien de fois n'a-t-il pas le sentiment de ne pas avoir la place qui lui revient? Mais un adulte aussi trouve injuste, selon les cas, une contravention, un licenciement, une guerre, la réussite du voisin. Ce qui est juste, pensons-nous, doit l'être pour tous. Or nous pensons aussi qu'il doit y avoir ce qui est juste pour chacun, comme (...) un vêtement bien ajusté, ou comme le droit de faire "juste ce que je veux". Y a-t-il donc deux justices? L'une égale pour tous, l'autre différente pour chacun? Mais chacune ne risque-t-elle pas d'être injuste à sa manière, en s'opposant à l'autre? Qu'est-ce donc qui est juste? Et de qui peut-on dire que "c'est un juste"? (shrink)

During the imperial period, French colonial law developed regimes of exception for indigenous peoples in contravention of the principles of the Declaration of the Rights of Man and the Citizen. These were justified by the need to secure order and by the claim that ‘natives’ were too ‘backward’ for the juridical principles upheld by the Declaration to apply to them. Introduced as temporary measures in Algeria in the 1840s, these measures, which discriminated between the French settler ‘citizens’ and the native (...) ‘subjects’, became firmly entrenched by the Third Republic, supported by the emergence of the ‘colonial sciences’ and the International Colonial Institute in the late 19th century. The exception became the rule. The colonial juridical regimes were derogatory of principle in two major ways: they subsumed universality to territoriality and defined the personhood of indigenous peoples according to racial, cultural or religious affiliations rather than as part of a shared humanity. Two particularly exorbitant measures of wide application were administrative internment without right of review and collective responsibility of a group for individual actions. Such regimes of exception persisted in French colonies until after World War II. (shrink)

Homeopathy has been the subject of intense academic, media and public debate in recent months. Those opposed to the practice, which treats like with like by using ultra-dilute remedies, argue that it is an ineffective non-treatment that is not supported by evidence and should not be funded on the National Health Service. Its proponents claim that it is effective (although they disagree about whether it is more effective than placebo) and argue its use is appropriate for certain conditions. This paper (...) examines homeopathy from the perspective of the four principal principles of medical ethics and two example cases. It transpires that homeopathic practice is in contravention of all four of these principles, and is by its very nature unethical. (shrink)

We propose a test based on the theory of algorithmic complexity and an experimental evaluation of Levin's universal distribution to identify evidence in support of or in contravention of the claim that the world is algorithmic in nature. To this end statistical comparisons are undertaken of the frequency distributions of data from physical sources--repositories of information such as images, data stored in a hard drive, computer programs and DNA sequences--and the output frequency distributions generated by purely algorithmic means--by running abstract (...) computing devices such as Turing machines, cellular automata and Post Tag systems. Statistical correlations were found and their significance measured. (shrink)

Stimulated by Hugh Upton's recent article in this journal, in which he argues that there can be a moral duty to cheat in games, I attempt to examine his claims. Much of what he writes revolves around examples from two sports, cricket and rugby, and with differing connections to those games' rules. While the example from cricket is said to involve a breach of the spirit of that game, it is contravention of the written rules of rugby on which the (...) latter part of Upton's case focuses. Given limited space I concentrate on the cricketing example, but several of the points I make about that apply also to when rule-breaking itself is involved. My conclusions express doubts about whether a case for a moral duty to cheat in games has been established. (shrink)

How can anyone be opposed to private philanthropy? Such philanthropy consists in persons freely giving of their wealth or other goods to benefit individuals and groups they consider worthy of support. As private persons, they act apart from – although not, of course, in contravention of – the political apparatus of the state. In acting in this beneficent way, the philanthropists are indeed, as their name etymologically implies, lovers of humanity; and their efforts are also justified as exercises of their (...) right to freedom, including the free use of the resources they own, which they have presumably acquired by their own free efforts or by the efforts of other persons who have freely transferred these resources to them. Thus, private philanthropy combines two of the highest values of individual and social morality: personal freedom and interpersonal beneficence. I. Moral Problems of Private Philanthropy Many questions about moral, and especially human, rights arise from private philanthropy as thus briefly characterized. These questions may be divided into three sets, which focus respectively on the agents of philanthropy, on the recipients of philanthropy, and on the objects for which philanthropic awards are given. First, regarding the agents: Do they have a right to all the wealth they possess? Have they accumulated this wealth in a way that has respected the moral rights of other persons? If the answer is negative, even in part, then in what morally valid sense is all the wealth in question theirs to give away, even if they use it for philanthropic purposes: Do they have a right to give it away as they choose? (shrink)

This paper aims to argue against the resolute reading, and offer a correct way of reading Wittgenstein'sTractatus. According to the resolute reading, nonsense can neither say nor show anything. The Tractatus does not advance any theory of meaning, nor does it adopt the notion of using signs in contravention of logical syntax. Its sentences, except a few constituting the frame, are all nonsensical. Its aim is merely to liberate nonsense utterers from nonsense. I argue that these points are either not (...) distinctive from standard interpretations or incorrect. Instead, the Tractarian elucidations help to shed light on the nature of language and logic, and introduce the correct method in philosophy. Philosophy deals with philosophical utterances and Tractarian elucidations by pointing out that they are nonsensical. By doing this, one is helped to see that what they appear to be saying is shown by significant propositions saying something else. (shrink)

Martin Gustafsson: Quine's Conception of Explication – and Why It Isn't Carnap's: This chapter clarifies Quine's conception of explication and identifies its place in his overall view of the aims and methods of philosophy. It does so by way of comparing his conception with Carnap's, Carnap being the philosopher from whom Quine got the notion of explication to begin with. In contravention of Quine's own suggestion, and against the view of some commentators, it is argued that Quine's and Carnap's conceptions (...) are importantly different, especially with regard to how explication can help us dissolve verbal philosophical confusions and disputes. (shrink)

Standard language, which follows rules of dictionary and grammar, undergoes various changes when it is the subject of literature, especially poetry. These changes, called linguistic deviation, are due to the poet’s expression of his feelings and thoughts by forcing the possibilities of language. In this direction, language deviations can be defined as the dispositions where the author goes out of the standard language, as in the examples of changes in the pronunciation (ṣavt), form (ṣarf) or spelling (kitābet) of the words, (...) the derivation of new words that are not used in the language (irticāl) and the deterioration of the syntax (naḥv). According to many literary critics such as Ibn Hishām al-Ansārī (d. 761/1360) and ʿAbd al-Qādir al-Baghdādī (d. 1093/1682), this language used by Arab poets who were not influenced by foreign languages, namely the Cāhilī, Muḥaḍram and Islāmī poets (ḳudemâ), was acceptable and it is considered as ḍarūrātuş-şiʿriyye (poetry necessities). In this context, deviations that do not comply with the standard language are tried to be explained with dialect differences, different variants of the couplet or various interpretations. However, some scholars such as Ibn Fāris (d. 395/1004) and Abū al-Ḥasan al-Jurjānī (d. 392/1001-1002) argue that these usages are laḥn (linguistic mistakes). According to these names, it is not correct to explain the poets’ use, which are contrary to the standard language rules, with excessive interpretations (takalluf). Assuming that linguistic deviations are laḥn, they cannot represent a superiority in terms of literary value, but when considered as a necessity, they represent a superiority within the framework of certain criteria. But any specific criteria have been determined before about which linguistic deviations represent the superiority. Therefore, in our study, the theories put forward about the accuracy of linguistic deviations that exceed the standard language rules will be examined and the necessary criteria for them to represent a superiority will be determined. In this direction, the difference in meaning and form that this deviation adds to the expression becomes important. If the language deviation, which is contrary to the standard sentence structure, does not comply with the language rules in any aspect and does not add any superiority to the poem in terms of meaning and form, it does not seem possible for such uses to represent a more fluent and persuasive language (al-Balāgha). However, the language deviation reveals a new meaning or form that is not found in the standard expression, and if this usage complies with the standard language rules, it represents a more eloquently language. The degree of violation of the purity and perfection of language (faṣāḥa) of a statement is related to the violation of qiyās (analogy?) and grammatical incongruity mentioned in the rhetoric books. The contravention of common language rules of these uses, which are not considered faṣīḥ, varies. As a matter of fact, some of these were seen as minor mistakes that could be ignored, while others were considered as major mistakes. For this purpose, a conceptual framework about linguistic deviations is drawn at the introduction of the article, and the literary theories on the subject are examined in the first chapter. In the second part, it is argued that linguistic deviations represent a superiority depending on certain criteria by giving examples from the poems of the period of Jāhilīyah. (shrink)

This paper starts by discussing Alan Brudner's overall project: the project of inclusivity. It argues that the idea of inclusivity is problematic both conceptually and normatively, for three reasons. First, it is not clear that Brudner's aim to provide a unified theory of the liberal constitution is either possible or desirable. Second, Brudner assumes but does not adequately demonstrate the need for public justification of the liberal constitution. Third, Brudner does not sufficiently explain who should have a veto over his (...) final theory. The paper then turns to Brudner's analysis of sex and family, and argues that his position on these matters is one that liberals would reject. In the case of marriage, Brudner’s conclusions may be compatible with liberalism but the arguments supporting them are not. In the case of abortion, neither argument nor policy is compatible with liberalism. Either his position requires that we attribute differential status to human persons, in direct contravention of the fundamental equality of moral worth that liberalism accords to all individuals. Or it requires that we override the rights of individuals by asserting that their own self-authorship is less important to them than a symbol of their personal relationship, a judgment that profoundly undermines individual autonomy. (shrink)

It is argued that, despite its considerable virtues, Jon Elster's approach to counter-factual reasoning in history misfires in a number of ways. First, his classification of the various approaches to the problem among logicians and philosophers is inadequate and confusing: he claims to follow the meta-linguistic approach, uses the idiom of the possible worlds approach but would be better advised, given his own intuitions and purposes, to adopt the condensed argument approach. This would not only make his argument clearer and (...) less confusing: it would also improve it. It is argued, secondly, that Elster makes exaggerated claims for his own 'branching worlds' theory, which he does not show to be the 'correct' account of counterfactuals; this only serves to relocate the central problem, since everything hinges on the identification of branching points. Thirdly, it is argued that Elster is therefore led into a mistaken account of when counterfactuals are illegitimate: he does not prove that historical counterfactuals must be about real possibilities in the past, and that we are not permitted to suppose, in contravention of our actual beliefs, that the laws we accept are suspended in some specified sphere but otherwise applicable. (shrink)

Les rédacteurs du Code pénal, lorsqu'ils ont décrit l'élément matériel des crimes et des délits, ont pris grand soin de distinguer entre l'omission et la commission punissables, et les juges s'interdisent scrupuleusement de les confondre, même quand elles ont le même résultat dommageable. Pourtant, les personnes investies d'une autorité publique ou privée sont, par la jurisprudence, rendues responsables d'un grand nombre de délits commis sous leur autorité, par le seul motif qu'elles n'ont pas mis tout en oeuvre pour les empêcher. (...) Cet article explique l'origine historique de ce paradoxe. La responsabilité des décideurs était primitivement confinée à la matière des contraventions, conçues comme des violations de règles de police administrative, et sanctionnées de peines faibles précisément dites "de police". Les lois modernes ont peu à peu détruit la spécificité des contraventions et leur lien avec la police administrative. Le mode d'imputation jadis caractéristique des contraventions est passé dans la matière des délits et concerne tous ceux dont l'élément moral est fait d'une intention faiblement caractérisée ou d'une imprudence. (shrink)

Introduction:Despite being considered as a contravention under some countries’ legislation, the therapeutic use of Cannabis sativa has been growing in Brazil, due to the promising results observed in many pathologies. Such a scenario has fostered the need to deepen discussions on the subject and possibly revise legislation governing the substance use and access.Objectives:Identify the types of stigma related to the therapeutic use of Cannabis and describe the strategies people use to overcome stigma.Methods:This integrative review was carried out in the databases (...) PubMed, Scopus, CINAHL, MEDLINE, PsycINFO, Web of Science, and Cochrane Library, with 565 articles being retrieved. Triads’ cross-check were done, first maintaining the “cannabis” and “therapeutic use” pair, added by “stigma,” “bioethics,” “ethics,” “social consequences,” and “legal consequences.” The final selection resulted in six articles.Ethical Consideration:However, the ethical issues that pervade and regulate decisions on this subject must be considered.Results:Different dimensions and types of stigma related to the therapeutic use of Cannabis have been identified. The bioethical principle of autonomy was an expression of citizenship and human rights, mitigating internal conflicts related to self-stigma and the effects of external stigma on the person’s life.Conclusion:It was possible to identify the types of stigma related to the therapeutic use of Cannabis is an internal dimension represented and an external dimension, represented and to identify strategies adopted to face this stigma: skills training group for users, elaboration of laws and specific programs to clarify the therapeutic use of Cannabis with a greater social scope, and support for family members. Thus, contributing to the building of people’s autonomy in a broader context of decision-making autonomy and executive autonomy will provide the development of people’s capacity to perform complex tasks of self-management and, consequently, to continue promoting and preserving their decision-making process and their capacity to plan and perform tasks associated with managing their lives and their treatments. (shrink)

The furor which greeted David Friedrich Strauss's The Life of Jesus upon its publication in 1835 has always been something of a mystery. This essay argues that the ferocity of the reaction can be traced to the contravention of a widely shared expectation in nineteenth-century Germany that theological scholarship would and should be read exclusively by theologians. The reception of the book in the 1830s and subsequent decades shows that this expectation increasingly conflicted with the liberal vision of a public (...) sphere governed by universal reason. By the end of the century, the formerly controversial Strauss had become a venerated figure in Germany, which suggests the extent to which the liberal vision of the public sphere ultimately triumphed. (shrink)

?On or about XX1100XXX2009? I arrived at Compound XX, TIF Defender, Camp Bucca Iraq and discovered that SFC XXXX and CPL XXXX had, in contravention of standard operating procedure and the requirements of Combined Joint Task Force 134 General Orders, entered Compound XX without first securing all detainees in the Salat, and walked to the rear fenceline through the occupied Compound, many times within deadspace [outside the] guard force's line of sight, and back through the sally port.1 SFC XXXX and (...) CPL XXXX were unmolested during this entry. No prior coordination was performed with the other members of the guard force, other than PFC XXXX who was ordered by SFC XXXX to open the sally port to allow entry. SFC XXXX and CPL XXXX were in a Compound occupied at the time by approximately 1038 Iraqi Security Detainees, and could have been harmed or taken hostage with little warning, leaving the guard force few options other than to attempt to defend SFC XXXX and CPL XXXX by lethal means, as these were the only weapons available that had the range and accuracy required? (shrink)

During the imperial period, French colonial law developed regimes of exception for indigenous peoples in contravention of the principles of the Declaration of the Rights of Man and the Citizen. These were justified by the need to secure order and by the claim that ‘natives’ were too ‘backward’ for the juridical principles upheld by the Declaration to apply to them. Introduced as temporary measures in Algeria in the 1840s, these measures, which discriminated between the French settler ‘citizens’ and the native (...) ‘subjects’, became firmly entrenched by the Third Republic, supported by the emergence of the ‘colonial sciences’ and the International Colonial Institute in the late 19th century. The exception became the rule. The colonial juridical regimes were derogatory of principle in two major ways: they subsumed universality to territoriality and defined the personhood of indigenous peoples according to racial, cultural or religious affiliations rather than as part of a shared humanity. Two particularly exorbitant measures of wide application were administrative internment without right of review and collective responsibility of a group for individual actions. Such regimes of exception persisted in French colonies until after World War II. (shrink)

This paper critically reviews the judgment of the United States Court of Appeals for the Ninth Circuit In re: Jayson Reynoso: Frankfort Digital Services et al., v. Sara L. Kistler, United States Trustee et al. (2007) 447 F.3d 1117. The appellants, who were non-lawyers, were indicted with unauthorised practice of law for offering bankruptcy petition services via online legal software or expert systems in law configured for filing bankruptcy petition forms. The United States Court of Appeals for the Ninth Circuit (...) found inter alia that appellants were bankruptcy petition preparers, and not being lawyers, had exceeded their clerical remit by offering legal advice and legal services in contravention of California law regulating legal practice and 11 U.S.C. Sect. 110 of the Bankruptcy Code (2002). While examining the legal ramifications of the use of legal software by non-lawyers in the preparation of legal documents, the paper critically reviews the factual circumstances of the Reynoso decision in the context of juridical and statutory constructs of unauthorised practice of law in the United States. The paper poses the question whether Reynoso should be viewed as a one-off decision bound by its peculiar facts, or good law for the broad proposition that non-lawyers cannot use legal software in legal documents preparation. The paper also notes the possible legal barriers to an unconditional ban on the design, sale, distribution, and uses of legal software by non-lawyers. These range from the First Amendment right to free speech, constitutional right to pro se legal representation, interstate commerce doctrine, to antitrust provisions of the Sherman Act. A regime of best practices for the use of legal software or expert systems in law by non-lawyers is proffered. (shrink)