One of the reasons for many different and even opposing interpretations of Hume’s Dialogues Concerning Natural Religion is the absence of consensus concerning the question of which character in the Dialogues represents Hume. In this paper I argue that taking Philo to be his primary spokesperson provides us with the most consistent reading of the whole work and helps us better understand Hume’s religious viewpoint. I first stress the specific dialogue form of Hume’s work, which requires us to take into (...) account literary tools such as irony and double-talk when interpreting it. From there I proceed to show why I believe that my hypothesis is better supported than the other two main hypotheses concerning Hume’s presence in the Dialogues, the first one being that Cleanthes represents Hume and the other one that none of the characters consistently speaks for Hume but rather that the whole structure of the work does that. Although there is both textual and historical evidence which suggests that Hume favoured Cleanthes, I show that his opinions deviate from Hume’s well-known views on important subjects such as scepticism, morality and Christianity, while Philo’s opinions on these subjects agree with Hume’s almost verbatim. The second hypothesis is proven to be wrong by the fact that Philo actually consistently defends Hume’s opinions. Finally, I argue that Philo’s understanding of true religion as a philosophical position devoid of any religious import agrees with Hume’s religious scepticism. (shrink)

In recent years, the ethical impact of AI has been increasingly scrutinized, with public scandals emerging over biased outcomes, lack of transparency, and the misuse of data. This has led to a growing mistrust of AI and increased calls for mandated ethical audits of algorithms. Current proposals for ethical assessment of algorithms are either too high level to be put into practice without further guidance, or they focus on very specific and technical notions of fairness or transparency that do not (...) consider multiple stakeholders or the broader social context. In this article, we present an auditing framework to guide the ethical assessment of an algorithm. The audit instrument itself is comprised of three elements: a list of possible interests of stakeholders affected by the algorithm, an assessment of metrics that describe key ethically salient features of the algorithm, and a relevancy matrix that connects the assessed metrics to stakeholder interests. The proposed audit instrument yields an ethical evaluation of an algorithm that could be used by regulators and others interested in doing due diligence, while paying careful attention to the complex societal context within which the algorithm is deployed. (shrink)

One of the reasons for many different and even opposing interpretations of Hume's Dialogues Concerning Natural Religion is the absence of consensus concerning the question of which character in the Dialogues represents Hume. In this paper I argue that taking Philo to be his primary spokesperson provides us with the most consistent reading of the whole work and helps us better understand Hume's religious viewpoint. I first stress the specific dialogue form of Hume's work, which requires us to take into (...) account literary tools such as irony and double-talk when interpreting it. From there I proceed to show why I believe that my hypothesis is better supported than the other two main hypotheses concerning Hume's presence in the Dialogues, the first one being that Cleanthes represents Hume and the other one that none of the characters consistently speaks for Hume but rather that the whole structure of the work does that. Although there is both textual and historical evidence which suggests that Hume favoured Cleanthes, I show that his opinions deviate from Hume's well-known views on important subjects such as scepticism, morality and Christianity, while Philo's opinions on these subjects agree with Hume's almost verbatim. The second hypothesis is proven to be wrong by the fact that Philo actually consistently defends Hume's opinions. Finally, I argue that Philo's understanding of true religion as a philosophical position devoid of any religious import agrees with Hume's religious scepticism. (shrink)

Argument teachers and scholars have frequently invoked external justification-impressing one's viewpoint upon another-as the primary social function of argument. Pluralism and fundamental disagreement in contemporary democratic societies raise questions regarding the status of argument, including the functions argument should serve. In this essay, I suggest alternatives of agenda expansion, responsibility attribution, and identity formation as important functions of argument in diverse societies. Thesealternative functions are especially important under conditions of social inequality, since they allow less powerful individuals and groups to (...) confront more powerful actors in situations where decision making is not open to all. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.4 (2002) 345-367 [Access article in PDF] Imagining in the Public Sphere Robert Asen Contemporary public sphere scholarship has been motivated significantly by a concern to overcome historical and conceptual exclusions in public spheres. Recent theory and criticism has investigated direct and indirect exclusions. Direct exclusions expressly prevent the participation of particular individuals and groups in public discussions and debates. Prohibitions against women speaking in (...) public, for example, have served historically to inhibit women's participation in various forums (see, e.g., Landes 1998). Indirect exclusions function tacitly through discursive norms and practices that prescribe particular ways of interacting in public forums. Indirect exclusions compel participants to conform to established modes of discourse that effectively negate the perspectives and contributions of previously directly excluded individuals and groups. Calls for "objective" and "dispassionate" debate, for instance, sometimes have restricted public agendas by portraying culturally specific forms of address as universally practiced (see, e.g., Warner 1993). Indirect exclusions may regulate discourse in various forums even when direct exclusions have been counteracted. Scholarship seeking to overcome these exclusions has proceeded on two levels. On one level, scholars have recounted the efforts of excluded persons to participate in public life despite restrictions by developing alternative modes of publicity (see, e.g., Ryan 1990; Zaeske 2002). On a second level, theorists have proposed more inclusive conceptual models of the public sphere that may overcome historical exclusions of the bourgeois public sphere while retaining a commitment to critical publicity (see, e.g., Asen 1999; Benhabib 1996; Hauser 1999; Mouffe 2000).Practicing democratic discourse fairly and justly depends indispensably on enabling inclusion. Proponents of deliberative democracy argue that political legitimacy arises from processes of inclusive public debate. Seyla Benhabib asserts that "legitimacy in complex societies must be [End Page 345] thought to result from the free and unconstrained public deliberation of all about matters of common concern" (1996, 68). Others regard inclusive public discourse as crucial for the formation of affirmative individual and collective identities. Craig Calhoun faults bourgeois notions of publicity for treating "identity formation as essentially private and prior to participation in the idealized public sphere of rational-critical discourse" (1993, 274). Identity formation entails mutual recognition among members of diverse cultures, yet theorists have observed that truncated discursive processes may inhibit mutual recognition. Charles Taylor writes that practicing a politics of recognition requires an openness toward other cultures—a presumption of value tested through sustained engagement so that "what we have formerly taken for granted as the background to valuation can be situated as one possibility alongside the background of the formerly unfamiliar culture" (1994, 67). Inclusiveness is also important for individuals and groups seeking to advance self-fashioned interpretations of their interests and needs against interpretations imposed by others. Nancy Fraser explains that self-fashioning is necessary because in public debates and controversies "who gets to establish authoritative thick definitions of people's needs is itself a political stake" (1989, 164).Although inclusion is indispensable, exclusion is never total. Sometimes, people force their way into public forums and agendas. For example, participation by activists in discussions of AIDS research and treatment often has been limited by researchers' assertions of expert privilege in investigating scientific matters. Valeria Fabj and Matthew J. Sobnosky (1995) detail how AIDS activists have responded by engaging in discursive acts of redefinition and translation to gain entry into previously circumscribed forums. At other times, people surreptitiously access public arenas. Prison writing is one way that those officially banished from public view nevertheless continue to participate in oppositional discourses and movements. Gerard A. Hauser (2001) considers how dissident Adam Michnik remained a vibrant voice in Polish civil society through his writings even after his imprisonment in the 1980s by an authoritarian regime. At still other times, typically excluded people may be invited to participate in public discussions. Members of the AIDS activist group ACT UP occasionally have testified in the traditional setting of the congressional committee hearing as invited witnesses. Daniel C. Brouwer (2001) maintains that politically sympathetic committee chairs facilitated ACT UP's "official" appearances before members of Congress. Whether invited or... (shrink)

In this paper, we distinguish between different sorts of assessments of algorithmic systems, describe our process of assessing such systems for ethical risk, and share some key challenges and lessons for future algorithm assessments and audits. Given the distinctive nature and function of a third-party audit, and the uncertain and shifting regulatory landscape, we suggest that second-party assessments are currently the primary mechanisms for analyzing the social impacts of systems that incorporate artificial intelligence. We then discuss two kinds of as-sessments: (...) an ethical risk assessment and a narrower, technical algo-rithmic bias assessment. We explain how the two assessments depend on each other, highlight the importance of situating the algorithm within its particular socio-technical context, and discuss a number of lessons and challenges for algorithm assessments and, potentially, for algorithm audits. The discussion builds on our team’s experience of advising and conducting ethical risk assessments for clients across dif-ferent industries in the last four years. Our main goal is to reflect on the key factors that are potentially ethically relevant in the use of algo-rithms, and draw lessons for the nascent algorithm assessment and audit industry, in the hope of helping all parties minimize the risk of harm from their use. (shrink)

Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...) views and then defends her own account. On her view, the heinousness of the crimes is relevant, but what makes these crimes the business of the international community is that the community in fact recognizes certain norms against especially heinous crimes. If the international community fails to prosecute and punish those who perpetrate these crimes, this impunity undermines the rule of law, and thereby hinders the maintenance of peace the the protection of human rights. (shrink)

This article is a result of a unique project that brought together academics and military practitioners with a mind to addressing difficult moral questions in a way that is philosophically careful,...

The last decade of the Qing dynasty and Republican period saw intensive efforts to revise the Qing Code, promulgate modern legal codes based on Japanese and German law, establish a modern system of courts, and develop a professional corps of lawyers and jurists. These institutional reforms were implemented as part of the drive to have extraterritoriality rescinded and safeguard the sovereignty of the Qing dynasty and then Republic of China. The reforms were accompanied by new categories within civil and criminal (...) law, new conceptions of legal knowledge and expertise, and rich discussions over sources of law which took place within the legal realm as well as the readership of Republican newspapers and journals. If, as Roger Berkowitz writes in his study of scientific codification in continental Europe, “in a legal system, there must be some way that the law comes to be known,” how did ways of knowing law change during this period of legal reform and broader intellectual change? Through a survey of jurisprudence textbooks and other legal publications, this paper argues that writers in early 20th-century China came to define jurisprudence in positivistic terms, ultimately using new conceptions of science and social science to identify its place within a new ordering of modern knowledge. (shrink)

The Great Recession of 2008 underscored the precarity of housing for many people living in the United States, as well as the unequal conditions that structure housing policy and practices. Victimized by predatory lending practices, many families lost their homes as a speculative housing bubble burst. Facing tremendous uncertainty, these families joined tens of thousands of others across the country who struggle with housing for a variety of reasons—leaving an abusive partner, struggling with medical and other unforeseen expenses, coping with (...) addiction and/or mental illness, and more. Indeed, as Melanie Loehwing explains in her important new book, “housed” and “unhoused” represent not fixed categories or stable life... (shrink)

Accumulating data suggest that the eukaryotic cell originated from a merger of two prokaryotes, an archaeal host and a bacterial endosymbiont. However, since prokaryotes are unable to perform phagocytosis, the means by which the endosymbiont entered its host is an enigma. We suggest that a predatory or parasitic interaction between prokaryotes provides a reasonable explanation for this conundrum. According to the model presented here, the host in this interaction was an anaerobic archaeon with a periplasm‐like space. The predator was a (...) small (facultative) aerobic α‐proteobacterium, which penetrated and replicated within the host periplasm, and later became the mitochondria. Plausible conditions under which this interaction took place and circumstances that may have led to the contemporary complex eukaryotic cell are discussed. (shrink)

Predmet ovog rada je Vitgenštajnovo razlikovanje i novo razumevanje pojmova znanja i izvesnosti u spisu O izvesnosti iz kojih proističe i njegova inovativna kritika skepticizma. On pokazuje da čitava rasprava o skepticizmu nastaje zato što i tradicionalni epistemolozi poput Mura i skeptik pogrešno shvataju prirodu takozvanih murovskih iskaza koji predstavljaju sadržaj naših osnovnih verovanja kao i naš stav prema njima. Vitgenštajn tvrdi da ovi iskazi nisu ni istiniti ni lažni već da funkcionišu poput pravila te da stoga ne mogu biti (...) ni predmet znanja niti podložni sumnji. Naš stav prema njima nije epistemički već je odraz praktične sposobnosti učešća u jezičkoj praksi. Vitgenštajnov najubedljiviji i najoriginalniji argument protiv skepticizma pokazuje da skeptik, formulišući svoje sumnje, dovodi u pitanje sopstveno razumevanje reči kojima se pritom služi. Na kraju se tvrdi da sam Vitgenštajn zastupa jednu vrstu naturalizma hjumovskog tipa. (shrink)

I argue here that certain species of war, namely humanitarian military interventions (HMIs), can be obligatory within particular contexts. Specifically, I look at the notion of HMIs through the lens of just war theory and argue that when a minimal account of jus ad bellum implies that an intervention is permissible, it also implies that it is obligatory. I begin by clarifying the jus ad bellum conditions (such as just cause, right intentions, etc.) under which an intervention is permissible. I (...) then turn to the claim that permissibility necessitates obligation, by first showing that whenever an intervention is permissible, it is also minimally decent. Second, I show that minimally decent actions are morally obligatory by arguing that the notion of minimal decency is a conceptual bridge between negative and positive duties. Third, I argue that performing minimally decent actions is necessary for a state to be just. Ultimately, my conclusion arises from the following observation: if a humanitarian crisis is bad enough for one to hold that it is permissible to breach sovereignty of a nation, then it is bad enough to hold that there is an obligation to intervene. (shrink)

Lagrangian formulation of quantum mechanical Schrödinger equation is developed in general and illustrated in the eigenbasis of the Hamiltonian and in the coordinate representation. The Lagrangian formulation of physically plausible quantum system results in a well defined second order equation on a real vector space. The Klein–Gordon equation for a real field is shown to be the Lagrangian form of the corresponding Schrödinger equation.

Meaningful human control over AI is exalted as a key tool for assuring safety, dignity, and responsibility for AI and automated decision-systems. It is a central topic especially in fields that deal with the use of AI for decisions that could cause significant harm, like AI-enabled weapons systems. This paper argues that discussions regarding meaningful human control commonly fail to identify the purpose behind the call for meaningful human control and that stating that purpose is a necessary step in deciding (...) how best to institutionalize meaningful human control over AI. The paper identifies 5 common purposes for human control and sketches how different purpose translate into different institutional design. (shrink)

Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the ICC can play in the transitional processes (...) is undermined by attempts to muddle the criminal process with reconciliatory and restorative aims . This muddling leads to problems not only in the way the ICC is understood and the way the Rome. (shrink)

The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic (...) changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples for the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered. (shrink)

U ovom radu istražujem kako su se Hjumova gledišta o odnosu između skepticizma i filozofije razvijala i kako su sazrevala tokom njegovog filozofskog rada. Hjumovo prvo delo, Rasprava o ljudskoj prirodi, ostavlja otvoreno pitanje zašto bi se iko bavio filozofijom u svetlu otkrića da su skeptički argumenti neoborivi. Cilj mi je da pokažem da, iako se Hjumov stav o skepticizmu i njegova skeptička pozicija nisu suštinski menjali tokom godina, Istraživanje o ljudskom razumu i Dijalozi o prirodnoj religiji, kao i nekoliko (...) njegovih kraćih spisa sadrže interesantne promene, dodatke i poboljšanja kada je reč o njegovom shvatanju toga na koji način skepticizam može da utiče na filozofiju. Tek u svom poslednjem delu Hjum nedvosmisleno tvrdi da skepticizam ostvaruje trajan i pozitivan uticaj na naše bavljenje filozofijom, a ovaj uticaj se pre svega ogleda u intelektualnoj skromnosti i ograničavanju predmeta filozofskog istraživanja. (shrink)

Israeli courts were recently faced with the question whether an employer is allowed to voice objections to unionization during an organizing drive. Since the legislation fails to provide an answer to this question, it was up to the courts to come up with a solution. The National Labor Court in Histadrut v. Pelephone held that employers have no say and must refrain from any communications whatsoever with the workers regarding the decision whether or not to join the union. The Supreme (...) Court later affirmed this decision. This Article explores this legal question and examines whether this decision was justified, and whether it should be adopted in other countries as well. It first discusses the justifications for the conflicting freedoms in this scenario — the workers’ freedom of association and the employer’s freedom of speech — to appreciate their relative strength in the circumstances. It then examines whether it is possible to achieve a certain balance. To this end, the Article critically reviews the legal mechanisms adopted by other legal jurisdictions in this regard, shedding light on their effectiveness and the difficulties of organizing in practice in each jurisdiction. The main argument advanced in this Article is that the solution has to be purposive — to advance the goals of labor law, specifically freedom of association — and that the purposive analysis must be contextual. A rule prohibiting the employer from voicing opinions is surely an infringement of freedom of speech, and strong reasons are needed to justify it. Whether strong enough reasons exist depends on several contextual factors. Essentially, the question is whether it is possible, given the current context, to secure real freedom of association without such a rule. By context we mean two main things: first, the real-life current experience concerning the struggles of organizing; and second, the existence of alternative legal mechanisms that might address this problem. (shrink)

Overview of proportionality and necessity in bello; comparison between traditional and revisionist accounts of just war theory.

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad (...) international legal principle, but also a bad principle of global justice. (shrink)

War has changed so much that it barely resembles the paradigmatic cases of armed conflict that just war theories and international humanitarian law seemed to have had in mind even a few decades ago. The changing character of war includes not only the use of new technology such as drones, but probably more problematically the changing temporal and spatial scope of war and the changing character of actors in war. These changes give rise to worries about what counts as war (...) and thus what norms to use in evaluating a particular conflict. In this paper, I develop an argument that the changing character of war gives us reasons to take reductionist revisions of just war theory seriously. By reductionist theories of war I mean those revisions within the just war tradition that suggest that we can use ordinary peacetime interpersonal analyses of moral responsibility and liability to harm to decide what justice requires in times of war. (shrink)

In this paper I focus on duties we owe refugees from conflict zones. I argue that it is important to distinguish between two types of duties one might have with respect to refugees from conflict zones. Belligerents from wars that resulted in excess numbers of refugees, I argue, have a stringent duty to remedy past harms and provide for resulting refugees. Other states have a duty to aid which is context-dependent and can be in some cases as stringent as the (...) duty to remedy past harms. I argue that making a distinction between the grounds and types of duties different actors have with respect to refugees from conflict zones has significant consequences both for just war theory, but also for practical questions about how best to discharge our duties to refugees from conflict zones. (shrink)

This comment questions the relevance of the Stag Hunt model, employed by Alan Hyde in his contribution to this volume, to the context of international labor standards. Despite Hyde's insistence to the contrary, it is argued that in some cases child labor could create a comparative advantage to developing countries. This shows the difficulty with Hyde's reliance solely on market failures to justify international labor standards. The exclusion of other justifications results in an extremely diluted international labor law.

Traditionally, in deciding whether some strategy or action in war is proportionate and necessary and thus permissible both international law and just war theory focus exclusively on civilian deaths and the destruction of civilian infrastructure. I argue in this paper that any argument that can explain why we should care about collateral killing and damage to infrastructure can also explain why collateral displacement matters. I argue that displacement is a foreseeable near-proximate cause of lethal harm to civilians and is relevant (...) for proportionality and necessity calculi. Accepting my argument has significant consequences for what we are permitted to do in war and for what obligations we have towards refugees that result from our actions in war. (shrink)

(1992). Emigration and return in the zajecar region. World Futures: Vol. 33, Culture and Development: European Experiences and Challenges A Special Research Report of the European Culture Impact Research Consortium (EUROCIRCON), pp. 143-153.

Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and against (...) subsuming criminal justice aims under restorative or reconciliatory aims. When post-conflict criminal prosecutions are properly structured and practiced they can bolster respect for the international, regional and domestic rule of law and in that way limit conflict in a number of important ways. (shrink)