. The purpose of this essay is to argue that considerations of fairness play an essential role in the justification of democratic decision procedures. The first part argues that considerations of fairness form part of a practical authority's legitimacy, and that in the political context, those considerations of fairness entail a principle of equal distribution of political power. Subsequently, the article elaborates on the kind of equality which is required in democratic procedures, arguing that different principles of equality should apply (...) to the deliberation and the decision stages of democracy. Finally, the article concludes with a few sketchy remarks on the possible relations between considerations of fairness and soundness of democratic procedures. (shrink)

In this article I want to support a certain conception of legal authority. The question I want to address is this: Is it possible to attribute legal authority to a given norm if its authority does not derive from the authority of someone who has issued that norm? Basically, I will try to defend here a negative answer to this question, espousing a personal conception of authority.

The Franciscan Geraldus Odonis (d. 1349) presented his indivisibilist theory of continua in Paris at a time when similar theses were advanced in the studia across the Channel. The Chancellor of the University of Oxford, Henry of Harclay (d. 1317), caused considerable stir among his colleagues by endorsing a mathematical atomism, and his most famous follower, Walter Chatton, O. F. M., developed his brand of atomism in the early 1320s. The present article focuses on one of the five different redactions (...) of Odonis’s famous question De continuo, preserved in his commentary on Book ii of Peter Lombard’s Sentences (d. 44, q. 4). The first part of the article examines the main differences between the various redactions of the question De continuo. The second part explores the philosophical content and the circumstances surrounding the redaction found in Book ii of Odonis’s Sentences commentary. While acknowledging that Odonis’s atomism is similar to Harclay’s, it is argued that Odonis’s theory is a significant departure from the type of atomism espoused by Harclay. The Appendix provides the first complete critical edition of the said redaction of Odonis’s question De continuo. (shrink)

Although the idea of constitutionalism has been widely discussed and in fact, most countries in the world have a written Constitution, it is still an in- teresting question whether Constitutions are legitimate, topic that is ad- dressed in this study. The article, through a detailed analysis of the main arguments in favor and against constitutionalism, examines the main moral concerns regarding legitimacy of Constitutions.

The normal way to establish that a person has authority over another requires a rulegoverned institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a (...) two-stage affair: the special, practical import of an authority can only be explained on the background of an institutional setting which constitutes the authority’s power and the corresponding obligation to comply. However, this obligation is not an all things considered obligation, it is conditioned on reasons to participate in the relevant institution or practice. A complete account of the reasons to regard authoritative decisions as binding must also rely on the reasons for having the institution or practice in question and the kind of authoritative structure that it has. This argument is presented here on the background of a critique of two alternative accounts, Joseph Raz’s service conception of authority and Stephen Darwall’s second personal standpoint account. (shrink)

In our paper, ‘Escaping hell: divine motivation and the problem of hell’, we defended a theory of hell that we called ‘escapism’. We argued that, given God's just and loving character, it would be most rational for Him to maintain an open-door policy to those who are in hell, allowing them an unlimited number of chances to be reconciled with God and enjoy communion with Him. In this paper we reply to two recent objections to our original paper. The first (...) is an argument from religious luck offered by Russell Jones. The second is an argument from Kyle Swan that alleges that our commitments about the nature of reasons for action still leaves escapism vulnerable to an objection we labelled the ‘Job objection’ in our original paper. In this paper we argue that escapism has the resources built into it needed to withstand the objections from Jones and Swan. (shrink)

According to traditional Judeo-Christian-Islamic theism, God is an omniscient, omnipotent, and morally perfect agent. This volume shows that philosophy of religion needs to take seriously alternative concepts of the divine, and demonstrates the considerable philosophical interest that they hold.

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David (...) Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal (...) domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. (shrink)

We propose that human reasoning relies on an inherence heuristic, an implicit cognitive process that leads people to explain observed patterns (e.g., girls wear pink) in terms of the inherent features of their constituents (e.g., pink is an inherently feminine color). We then demonstrate how this proposed heuristic can provide a unified account for a broad set of findings spanning areas of research that might at first appear unrelated (e.g., system justification, nominal realism, is–ought errors in moral reasoning). By revealing (...) the deep commonalities among the diverse phenomena that fall under its scope, our account is able to generate new insights into these phenomena, as well as new empirical predictions. A second main goal of this paper, aside from introducing the inherence heuristic, is to articulate the proposal that the heuristic serves as a foundation for the development of psychological essentialism. More specifically, we propose that essentialism—which is the common belief that natural and social categories are underlain by hidden, causally powerful “essences”—emerges over the first few years of life as an elaboration of the earlier, and more open-ended, intuitions supplied by the inherence heuristic. In the final part of the paper, we distinguish our proposal from competing accounts (e.g., Strevens' K-laws) and clarify the relationship between the inherence heuristic and related cognitive tendencies (e.g., the correspondence bias). In sum, this paper illuminates a basic cognitive process that emerges early in life and is likely to have profound effects on many aspects of human psychology. (shrink)

Generic statements (e.g., “Birds lay eggs”) express generalizations about categories. In this paper, we hypothesized that there is a paradoxical asymmetry at the core of generic meaning, such that these sentences have extremely strong implications but require little evidence to be judged true. Four experiments confirmed the hypothesized asymmetry: Participants interpreted novel generics such as “Lorches have purple feathers” as referring to nearly all lorches, but they judged the same novel generics to be true given a wide range of prevalence (...) levels (e.g., even when only 10% or 30% of lorches had purple feathers). A second hypothesis, also confirmed by the results, was that novel generic sentences about dangerous or distinctive properties would be more acceptable than generic sentences that were similar but did not have these connotations. In addition to clarifying important aspects of generics’ meaning, these findings are applicable to a range of real-world processes such as stereotyping and political discourse. (shrink)

In his article Evgeny Borisov offers an original solution to Kripke’s sceptical problem of meaning. Its conceptual core is the point of view of the participant of speech acts. He believes that first-person statements of speech act participants like “I know for certain that the expression ‘e’ is used by me in the meaning of m” cannot carry any epistemic fallacies. As a criticism, I propose to point out that non-factual Cartesian semantics have serious epistemic flaws that make it vulnerable (...) to sceptical attacks and accusations of petitio principii. (shrink)

The paper deals with the questions of whether naturalization of ethical theory is possible and how radical it should be. The answer to these questions depends largely on the scientific explanations of the process of moral evaluation. The author concentrates on a moderate version of naturalization, which involves merely correcting the conclusions of normative ethics by appealing to scientific evidence. A good example of moderate naturalization is the project of debunking deontological moral principles of J. Green. From J. Green’s point (...) of view, the most important of such principles (“it is impermissible to harm other people as a means of achieving a utilitarian goal, but it is permissible to cause such harm as a side-effect of its achievement”) reflects the functioning of the emotional alarm system, which in the early ages of human history protected small groups from internal violence using contact means of harm. The means of harm have since expanded, but the inflexible emotional part of our psyche still dictates the limits of permissibility. This dictate has no reasonable grounds, and the abovementioned principle cannot claim to be objective and universal. The author shows that the data used by J. Green is different from the results of studies by Yu.I. Aleksandrov and K.R. Arutyunova on the impact of alcohol intoxication on making deontological and utilitarian moral evaluations. These results indicate that both the deontological and the utilitarian principles are partly based on the emotional subsystem. Accordingly, a normative ethicist is forced to choose as the scientific basis of his or her research some of the opposing scientific models that explain the process of making moral evaluations. Some of the models are consistent with the moderate naturalization project, others are not. The choice between models depends exclusively on already taken metaethical and normative preferences. (shrink)

The article analyzes the possibilities and limitations of artificial intelligence. The article considers the subjectivity of artificial intelligence, determines its necessity for solving intellectual problems depending on the possibility of representing the real world as a deterministic system. Methodological limitations of artificial intelligence, which is based on the use of big data technologies, are stated. These limitations cause the impossibility of forming a holistic representation of the objects of cognition and the world as a whole. As a tool for deterministic (...) description of the universe it is proposed to use empirical-metaphysical general theory of systems, which is an extension of existing general theories of systems due to ontological justification of the phenomenon of isomorphism and definition of a limited set of laws, rules, patterns and primitives of forms and relations of objects in the universe. The distinction of natural (human) and artificial intelligence is considered, including the realization of multisystem integration of intelligence in physical, biological, social and spiritual systems. A philosophically grounded approach to ensuring the evolutionary properties of artificial intelligence is formulated, based on the inclusion of non-equilibrium mechanisms through which stability is realized. (shrink)

The article is devoted to the study of the nature of consciousness within the framework of the information concept. The paper proposes a definition of consciousness as an informational environment in which an extended model of reality is realized. The process of realization of this extended model is defined as thinking. The result of thinking is information objects that form a system in the form of information environment. Information objects are reflections of the real world properties, not directly, but by (...) means of translation through a special object – a carrier of consciousness. In the case of human consciousness, such a carrier is a human being (represented in the form of his nervous system). As a result, consciousness can be qualified as a simulacrum of reality, i.e., a model of a model: an information model of the carrier of consciousness, which in turn is a means of physical modeling of the real "big" world. Possible mechanisms mediating thinking are considered. For this purpose, two new concepts are introduced: neural circuit and neurophysical pattern. An approach to the study of self-consciousness based on the localization of the consciousness carrier in the multidimensional space of states of initial real objects, as well as their reflections in the form of information objects is proposed. This localization is ensured by the presence of feedbacks. Summarizing the results of the study, the article states the following connection between consciousness, self-consciousness and subjectness: under certain conditions (when consciousness is localized in the state space of the carrier of consciousness), consciousness acquires the property of self-consciousness, a special case of which (when the initiator of changes determining localization is the carrier of consciousness) is self-consciousness endowed with subjectness. (shrink)

The author of the article turns to the modern discourse about man and his place in the humanities system. A retrospective analysis of the modern discourse about man allows us to distinguish three stages in its development: anti-humanism, anti-anthropology and post-anthropology. Despite the fact that the main topics around which he is focused are concentrated on criticism of "anthropocentrism" and "eurocentrism", the author concludes that the anti-anthropological narrative retains all the features of cultural and epistemological "narcissism". The anti-anthropological narrative continues (...) to function as a system of "recognizing oneself", as a system of "differentiating oneself and the other" and as a system of "justifying oneself through the other". (shrink)

The following study presents some considerations on different subjects regarding the field of art, from the art of using sounds in theatre and the importance of the Greek tragedy to the subtle differences between opera and theatre. The sound experiment is to be approached knowing that the audience is, in some way, deaf. The renewal of the sounds, even of those coming forth from the remote ages, is part of the author’s lust for a theater that celebrates real contact and (...) real feeling, with a unique expression of force, of intense colors and sharp energies. The main goal is to discover the actor’s or the opera singer’s work with the sounds, with the vibration of the words in his body, thus investigating the “meanings” of the pure sound. (shrink)

Chaque fois que les hommes parlent du temps, ils le connotent d'une valorisation typiquement humaine : "Prendre du bon temps", "perdre son temps", "la fuite du temps". Cette expérience immédiate, affective et bouleversante favorise un discours quasi simpliste ou nostalgique sur ce temps considéré comme ce qui enferme le tragique ou le pathétique de la condition humaine, vouée à la finitude. Le paradoxe réside donc, en ce fait qu'il paraît complexe de dire l'essence du temps, d'autant que souvent chacun en (...) est réduit à n'en faire qu'une description mesurable, chronologique ou phénoménologique. Toutefois cette conception d'un temps essentiellement linéaire ne semble pas rendre compte de l'aspect cyclique ou rythmé de certaines manifestations (notamment naturelles), ni même des résurgences du passé par l'intermédiaire de la mémoire, ou encore des projets et des anticipations envisagés en prévention d'un "à-venir". L'embarras réside, spécifiquement, dans cette aporie à donner une consistance au temps typiquement humain face à la perfection ontologique d'une éternité : Ontologie qu'il importe de situer en l'homme par opposition à une entité extérieure rendue visible par l'instrument de mesure, mais qui ne peut coïncider avec l'intériorisation du temps intuitionné au coeur de l'être en plein étance. Ontologie à distinguer notamment d'un Etre suprême qui échappe à toute temporalité et présuppose son immuabilité et dont l'homme, dans son statut d'être livré au temps, est coupé. Au regard de cette complexité, nous pouvons réitérer la question : Qu'est-ce que le temps et comment le penser? Comment égrener une philosophie du temps comparable à la saisie de l'écoulement de grains de sable dans un sablier et palper au coeur même de la vie, dans son efflorescence la puissance de l'instant? L'ouvrage de Laurence Vanin fournit un ensemble d'éléments susceptibles d'orienter le lecteur vers des réponses... (shrink)

A knowledge argument is offered that presents unique difficulties for Christians who wish to assert that God is essentially omniscient. The difficulties arise from the doctrine of the incarnation. Assuming that God the Son did not necessarily have to become incarnate, then God cannot necessarily have knowledge de se of the content of a non-divine mind. If this is right, then God’s epistemic powers are not fixed across possible worlds and God is not essentially omniscient. Some options for Christian theists (...) are discussed, including rejecting traditional theism in favour of some version of pantheism or panentheism. (shrink)

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)

Nishi Shah has argued that the norm of truth is a prescriptive norm which regulates doxastic deliberation. Also, the acceptance of the norm of truth explains why belief is subject to norms of evidence. Steglich‐Petersen pointed out that the norm of truth cannot be prescriptive because it cannot be broken deliberatively. More recently, Pascal Engel suggested that both the norms of truth and evidence are deliberately violated in cases of epistemic akrasia. The akratic agent accepts these norms but in some (...) cases he is not motivated by them. In this paper I will argue that Shah cannot use Engel's suggestion because, given his definition of doxastic deliberation, epistemic akrasia is impossible in the context of deliberation about belief. Furthermore, epistemic akrasia is in conflict with the phenomenon of doxastic transparency that Shah tries to explain. (shrink)

We obtain an equivalent implicit characterization of Lp Banach spaces that is amenable to a logical treatment. Using that, we obtain an axiomatization for such spaces into a higher order logical system, the kind of which is used in proof mining, a research program that aims to obtain the hidden computational content of mathematical proofs using tools from mathematical logic. As an aside, we obtain a concrete way of formalizing Lp spaces in positive-bounded logic. The axiomatization is followed by a (...) corresponding metatheorem in the style of proof mining. We illustrate its use with the derivation for this class of spaces of the standard modulus of uniform convexity. (shrink)

I argue that an affirmative answer to the question whether entailments could figure as contents of CI is warranted. In particular, the two features of CI that could rule out entailments from the class of contents that could be conversationally implicated are cancellability and non-conventionality. Entailments are non-cancellable, but this is a reason to conclude that they cannot be CIs only if cancellability is a universal property of CIs; alternatively, one might accept CIs that are entailed by what is said (...) and, on this basis, reject the claim that all CIs are cancellable. I see no compelling reason to go one way or another. So, this criterion does not lead to a principled answer to our question. Turning to non-conventionality, this is a defining feature of CIs, according to Grice. I explore the reasons given in the literature for taking non-conventionality to be a defining feature of CI, and argued that none of them are compelling: lexicalization of dead metaphors does not lead to overgeneration of CIs, and calculability is sufficient to distinguish conventional from conversational implicatures. I propose a definition of CI in terms of calculability alone, which does not rule out entailments. So, the answer to our initial question is, eventually, a tentative ‘yes’. A notable consequence of this definition is that the argument against the cancellability test based on cases of CIs the content of which is entailed by what is said seems a good one after all. This means that CIs are not necessarily cancellable. However, that does not mean that the test is a bad one, inasmuch as non-entailed CIs are still expected to be cancellable. (shrink)

The author attributes the social evils of present-day Russia to a distorted "pseudoliberal" understanding of freedom as a condition unlimited by internal or external constraints.

Las éticas tradicionales ya no bastan para satisfacer las demandas de los poderes que el ser humano posee mediante la técnica. El desarrollo de la tecnología ha despertado en la humanidad una serie de preocupaciones que demandan reflexiones éticas sobre lo que es realmente valioso: la vida. La humanidad necesita con urgencia sabiduría para emplear responsablemente el poder que viene de la técnica. Kant propone como base de la moralidad la autonomía de la voluntad libre. Con el fin de saber (...) si existe una razón pura capaz por sí sola de determinar la voluntad sin recurrir a la sensibilidad y a la experiencia, formula una ética del deber. La propuesta de una ética de la responsabilidad de Hans Jonas contiene un nuevo imperativo: las características del principio de responsabilidad. Mostrando que el sujeto ético en la civilización tecnológica es aquel que actúa con cuidado y precaución, la ética de la responsabilidad agrega toda la naturaleza, por lo que el principio de responsabilidad consiste en que asumamos la responsabilidad de la precaución y el cuidado con comportamientos éticos que nos hagan virtuosos preocupándonos por la vida y en búsqueda de un vivir mejor. (shrink)

This article discusses the poem written by Joseph Brodsky shortly after the proclamation of Ukrainian independence in the early 1990s. It compares this poem with other pieces by the same author that deal with the paradigm of “independence vs. imperial unity.” These poems present a difference, which is striking at first glance: Brodsky welcomes Lithuanian independence, while simultaneously denying the same rights to Ukrainians and Aztecs. As for Afghanis … his disdain is even more palpable. The proposed explanation is the (...) concept of “Cultural Empire,” which the poet considers to be the ultimate good. This article briefly mentions the general problem of de-imperializing classical Russian literature in the context of post-colonial studies. (shrink)

We propose a qualitatively new kind of governance for the emerging need to efficiently guide the densely interconnected, ever more complex world development, which is based on explicit and openly presented problem solutions and their interactive implementation practice within the versatile, but unified professional analysis of complex real-world dynamics, involving both the powerful central units and the attached creative worldwide network of professional representatives. We provide fundamental and rigorous scientific arguments in favour of introduction of just that kind of governance (...) at the modern development stage, after the complexity threshold in the real world dynamics evolution (sometimes intuitively designated as "globalisation"), where the traditional spontaneous-empirical kind of development and related administrative governance lose dramatically and inevitably their efficiency and the necessity of explicit consistent understanding and guidance of complex real-world dynamics becomes evident. (shrink)

This paper examines the ability of countries in Central and Eastern Europe to ensure appropriate protection of research participants in the field of increasingly globalizing biomedical research. By applying an analytical framework for identifying gaps in policies and programs for human subjects protection to four countries of CEE—Belarus, Latvia, Lithuania, and Poland, substantial gaps in the scope and content of relevant policies and major impediments to program performance have been revealed. In these countries, public policies on the protection of research (...) participants lack consistency and reliable mechanisms for their implementation. Impediments to program performance most often relate to inadequacies in the national research ethics systems with regard to organizational structure, budgetary support, supervision, and training. The level of research ethics capacity varies from country to country and depends on socio-economic and political factors of post-communist transition. The breadth and depth of the problems identified suggest that the current level of protection for research participants in CEE might be inadequate to the challenges posed by the globalization of biomedical research. In CEE countries, there is a need for strengthening research ethics capacity through modification of relevant policies and improvement of program management. The differences among the countries call for further research on identifying the best approaches for filling the gaps in the policies and programs aimed at ensuring effective protection of research participants. (shrink)

ABSTRACTThe aim of this paper is to show that general jurisprudence is in no need of reinvention. The sentiment shared by many contemporary legal philosophers that theories about the nature of law...