Ms. X is a person with cerebral palsy and schizophrenia. She has intractable bedsores that are a result of her immobility and to poor wound care related to her delusional thinking. Despite intensive community support, the wounds have worsened to the point that she has needed multiple hospitalizations to prevent systemic sepsis, a life‐threatening condition. She is capable of placement decisions and wishes for independence at home but is incapable of making wound care decisions and does not appreciate that (...) immediately returning home from the hospital, instead of going into a special care facility, would likely result in sepsis. The resulting dilemma about discharge planning highlights the complexity involved in weighing concerns around mental illness and capacity for treatment and placement of care. The extent of the care that is required and available in a community or health care system and the slow but relatively certain progression of the symptoms also make the decision challenging. Two commentaries take very different approaches in exploring the question whether Ms. X should be supported to go home or to a special care facility. (shrink)

Those who think of some aspects of the world as "physically necessary" usually think of this kind of necessity as being confined to the general law of nature, initial conditions being "contingent." Tachyon theory and general relativity provide independent but related reasons for thinking that some initial states are, however, "impossible." And statistical mechanics seems to lead us to conclude that some initial conditions are, if not impossible, "highly improbable." We are then, led from (...) these aspects of physics to wonder if initial conditions are always "freely specifiable" and in the domain of physical contingency. (shrink)

This article attacks “open systems” arguments that because constant conjunctions are not generally observed in the real world of open systems we should be highly skeptical that universal laws exist. This work differs from other critiques of open system arguments against laws of nature by not focusing on laws themselves, but rather on the inference from open systems. We argue that open system arguments fail for two related reasons; 1) because they cannot account for the (...) “systems” central to their argument (nor the implied systems labeled “exogenous factors” in relation to the system of interest) and 2) they are nomocentric, fixated on laws while ignoring initial and antecedent conditions that are able to account for systems and exogenous factors within a fundamentalist framework. (shrink)

We critically analyse the point of view for which laws of nature are just a mean to compress data. Discussing some basic notions of dynamical systems and information theory, we show that the idea that the analysis of large amount of data by means of an algorithm of compression is equivalent to the knowledge one can have from scientific laws, is rather naive. In particular we discuss the subtle conceptual topic of the initial conditions of (...) phenomena which are generally incompressible. Starting from this point, we argue that laws of nature represent more than a pure compression of data, and that the availability of large amount of data, in general, is not particularly useful to understand the behaviour of complex phenomena. (shrink)

I discuss two case studies from classical electrodynamics challenging the distinction between laws that delineate physically possible words and initial conditions. First, for many reasonable initial conditions there exist no global solutions to the Maxwell‐Lorentz equations for continuous charge distributions. Second, in deriving an equation of motion for a charged point particle one needs to invoke an asymptotic condition that seems to express a physically contingent fact even though it is mathematically necessary for the (...) derivation. (shrink)

There are several senses in which Kant’s moral law is independent of sensibility. This paper is devoted mainly to Kant’s account of ‘physical conditions independence’, or the idea that the moral law can compel us to pursue ends that might be impossible to realize empirically. Since this idea has gotten little attention from commentators, this paper addresses both its textual basis in Kant’s writings and its overall philosophical viability.

James Woodward’s manipulationist counterfactual theory of explanation offers strong tools for an adequate approach to explanation endeavours. One of these tools is the notion of intervention, which serves as a guiding principle for identifying explanations as causal, thus preserving the unidirectionality of explanatory praxis. Nevertheless, in this paper, I argue that in some cases of explanation, this notion has a rather redundant role since it is either impossible to define or it can be replaced by other types of manipulations or (...) both. I shall show these shortcomings of intervention in two particularly detailed analyses of an economic example pertaining to Okun’s law and the pendulum explanation. In analysing the former example, I contend that given the complex causal situation of economic phenomena, the notion of intervention is inept at helping explain them. In the latter example, I show that the notion of intervention is readily replaceable by other types of variation—conceptual or mathematical. Finally, I shall end this article by examining the case of pendulum explanation in light of Woodward’s new approach to explanation direction. In the end, the conclusion is that the variables of the pendulum law are in a symmetrical relationship. (shrink)

There is an old but powerful argument for the claim that exhaustive divine foreknowledge is incompatible with the freedom to do otherwise. A crucial ingredient in this argument is the principle of the “Fixity of the Past”. A seemingly new response to this argument has emerged, the so-called “dependence response,” which involves, among other things, abandoning FP for an alternative principle, the principle of the “Fixity of the Independent”. This paper presents three arguments for the claim that FI ought to (...) be preferred to FP. (shrink)

This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the (...) relation between morality and the criminal law is therefore much less direct than assumed in most theories of the criminal law. (shrink)

The theological energies released by Martin Luther in 1517 created a set of theological insights and problems that eventually led to the development of kenotic Christology. This article traces how kenotic Christology originated in the Eucharistic Controversy between Luther and Zwingli, before receiving its first extensive treatment in the debate between the Lutheran theologians of Tübingen and Giessen in,the early seventeenth century. Attention then turns to the nine-teenth century, when doctrinal tensions resulting from the enforced union of the Prussian (...) Lutheran and Reformed churches created the conditions for a new flowering of kenotic Christology in the theologies of Ernst Sartorius and, subsequently, Gottfried Thomasius. Kenotic Christology ultimately originates with Luther, however, for it owes its existence to the creative theological energies he unleashed and which remain his lasting legacy. (shrink)

It is likely that internal factors play an important role in restricting the possible avenues of evolutionary change from any starting point. Internal selective processes operating on premutational disturbances, on mutations, and on developmental phases may usefully be separated from the adaptive selection of phenotypes. The precise structural and morphological consequences of internal factors should soon become an isolable problem owing to a) the observational correlation of definite changes in hereditary specificity with particular developmental consequences; and b) the (...) progressive theoretical identification of the coordinative conditions in organisms. Increasing clarity regarding the coordinative conditions should throw light on the “mutational selection rules” and on the differentiative mutations which led to the most important steps in the past history of evolution.Die Wege der Evolution können sowohl durch innere Auslese der Genotypen wÄhrend der Entwicklung als auch durch die Äussere Darwinische Auslese der Phenotypen bestimmt werden. Seit 1949 haben sich zumindest fünf Forscher mit dieser Möglichkeit befasst. Es ist zur Zeit möglich, zwischen den beiden Arten von Zuchtwahl theoretisch und experimentell zu unterscheiden.Les chemins de l'évolution peuvent Être déterminés non seulement par la sélection extérieure Darwinienne des phénotypes mais aussi par la sélection intérieure des genotypes pendant le développement. Depuis 1949 aux moins cinq investigateurs en ont considéré la possibilité. Il est possible à présent de faire la distinction entre les deux types de sélection dans la théorie comme dans l'expérience. (shrink)

In this contribution to the Common Knowledge symposium “Fuzzy Studies,” the authors, all of whom work in the field of science, technology, and society, begin from the assumption that, as Bruno Latour has put it, “we have never been modern.” They accept the STS thesis that, while modern practices purport to be entirely rational and coherent, on closer inspection they turn out to be as much noncoherent as coherent. This article poses the question of what forms “noncoherences” take and (...) how they are managed. The basic argument is that there is a range of styles of noncoherence or “modes of syncretism.” In small case studies, the authors identify six such modes or styles, which they term denial, domestication, separation, care, conflict, and collapse. Given that consistency and coherence seem less important now than they were once taken to be — and given that the conditions of possibility for purity are, in any case, in decline — this list and its supporting case studies, while not meant to be definitive, are offered as a way of understanding how practices that do not cohere may still function and fit together admirably. (shrink)

Some of what is true about the world is thought, by some, to be true of necessity. Other truths about the world are merely contingently true, it is said. Next we get a familiar distinguishing of necessity into its various kinds. Anything whose contrary would contradict the laws of logic is logically necessary. Anything compatible with these laws is logically contingent. There are, of course, grave problems in finding a principled way of discriminating the logical truths from (...) all the others. Some propositions are not logically necessary but are metaphysically necessary. For Kant, I suppose, the alleged facts that every event had a cause, and that in any change a substance remained unchanged would be such facts. So, I suppose, would be the necessary but synthetic truths of geometry and arithmetic. For more contemporary philosophers genuine identity statements, either singular or general, might have such a status. (shrink)

Statistical learning enables humans to involuntarily process and utilize different kinds of patterns from the environment. However, the cognitive mechanisms underlying the simultaneous acquisition of multiple regularities from different perceptual modalities remain unclear. A novel multidimensional serial reaction time task was developed to test 40 participants’ ability to learn simple first‐order and complex second‐order relations between uni‐modal visual and cross‐modal audio‐visual stimuli. Using the difference in reaction times between sequenced and random stimuli as the index of domain‐general statistical (...) learning, a significant difference and dissociation of learning occurred between the initial and final learning phases. Furthermore, we used a negative and positive occurrence‐frequency‐and‐reaction‐time correlation to indicate implicit and explicit learning, respectively, and found that learning simple uni‐modal patterns involved an implicit‐to‐explicit segue, while acquiring complex cross‐modal patterns required an explicit‐to‐implicit segue, resulting in a X‐shape crossing of regularity learning. Thus, we propose an X‐way hypothesis to elucidate the dynamic interplay between the implicit and explicit systems at two distinct stages when acquiring various regularities in a multidimensional probability space. (shrink)

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...) discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract (...) and the specific form of status relations between nations. I conclude with a brief discussion of the ongoing relevance of these horizontal relations. (shrink)

Corruption is a major problem in many of the world’s developing economies today. World Bank studies put bribery at over $1 trillion per year accounting for up to 12 of the GDP of nations like Nigeria, Kenya and Venezuela. Though largely ignored for many years, interest in world wide corruption has been rekindled by recent corporate scandals in the US and Europe. Corruption in the developing nations is said to result from a number of factors. Mass poverty has been (...) cited as a facilitating condition for corruption just as an inability to manage a sudden upsurge in mineral revenues has been credited with breeding corruption and adventurous government procurement among public officials in countries like Nigeria and Venezuela. Virtually all developing nations that have serious corruption problems also have very limited economic freedom and a very weak enforcement of the rule of law. In such nations, corruption represents a regressive taxation that bears hard on the poor. It has a dampening effect on development and it could result in the production of inferior goods as companies find ways to accommodate under-the-table payments. Finally, corruption is a dangerous threat to the legitimacy of the governments of some of the developing nations themselves. It is suggested that new urgent initiatives are needed to deal with the dangers posed by corruption in the developing economies. They include making the economies of these nations more open by the withdrawal of the government from the productive sector and by the abolition of unnecessarily stringent restrictions on business conduct. The rule of law needs to be strengthened in these nations and those countries like Nigeria and Venezuela should ignore scruples over sovereignty and seek foreign assistance in the management of their oil wealth. Finally, multinationals should be made to disclose all the payments they make in developing nations to such organizations like International Chamber of Commerce or Transparency International where they can be reviewed by anyone interested. (shrink)

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can (...) be pointed out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal of freedom or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realization of the idea of law. In making these claims, the author rejects the viewpoint (...) of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection, but the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions. (shrink)

I began this study with Laudan's argument from the pessimistic induction and I promised to show that the caloric theory of heat cannot be used to support the premisses of the meta-induction on past scientific theories. I tried to show that the laws of experimental calorimetry, adiabatic change and Carnot's theory of the motive power of heat were independent of the assumption that heat is a material substance, approximately true, deducible and accounted for within thermodynamics.I stressed that results (...) and were known to most theorists of the caloric theory and that result was put forward by the founders of the new thermodynamics. In other words, the truth-content of the caloric theory was located, selected carefully, and preserved by the founders of thermodynamics.However, the reader might think that even if I have succeeded in showing that laudan is wrong about the caloric theory, I have not shown how the strategy followed in this paper can be generalised against the pessimistic meta-induction. I think that the general strategy against Laudan's argument suggested in this paper is this: the empirical success of a mature scientific theory suggests that there are respects and degrees in which this theory is true. The difficulty for — and and real challenge to — philosophers of science is to suggest ways in which this truth-content can be located and shown to be preserved — if at all — to subsequent theories. In particular, the empirical success of a theory does not, automatically, suggest that all theoretical terms of the theory refer. On the contrary, judgments of referential success depend on which theoretical claims are well-supported by the evidence. This is a matter of specific investigation. Generally, one would expect that claims about theoretical entities which are not strongly supported by the evidence or turn out to be independent of the evidence at hand, are not compelling. For simply, if the evidence does not make it likely that our beliefs about putative theoretical entities are approximately correct, a belief in those entities would be ill-founded and unjustified. Theoretical extrapolations in science are indespensable, but they are not arbitrary. If the evidence does not warrant them I do not see why someone should commit herself to them. In a sense, the problem with empricist philisophers is not that they demand that theoretical beliefs must be warranted by evidence. Rather, it is that they claim that no evidence can warrant theorretical beliefs. A realist philosopher of science would not disagree on the first, but she has good grounds to deny the second.I argued that claims about theoretical entities which are not strongly supported by the evidence must not be taken as belief-worthy. But can one sustaon the more ambitious view that loosely supported parts of a theory tend to be just those that include non-referring terms? There is an obvious excess risk in such a generalisation. For there are well-known cases in which a theoretical claim was initially weakly supported by the evidence. (shrink)

Humans excel in categorization. Yet from a computational standpoint, learning a novel probabilistic classification task involves severe computational challenges. The present paper investigates one way to address these challenges: assuming class-conditional independence of features. This feature independence assumption simplifies the inference problem, allows for informed inferences about novel feature combinations, and performs robustly across different statistical environments. We designed a new Bayesian classification learning model that incorporates varying degrees of prior belief in class-conditional independence, learns whether (...) or not independence holds, and adapts its behavior accordingly. Theoretical results from two simulation studies demonstrate that classification behavior can appear to start simple, yet adapt effectively to unexpected task structures. Two experiments—designed using optimal experimental design principles—were conducted with human learners. Classification decisions of the majority of participants were best accounted for by a version of the model with very high initial prior belief in class-conditional independence, before adapting to the true environmental structure. Class-conditional independence may be a strong and useful default assumption in category learning tasks. (shrink)

The relation between Church and state is nowadays at stake. This article concerns the relation between Church and state from an ecclesiastical and canonical point of view. It makes clear, how the ecclesiastical doctrine reacts to social developments in relation to the national state in order to safeguard the independence of the Church. The 19th century ecclesiastical doctrine on the Church as a societas perfecta reacts on doctrines on the national states, which claimed absolute sovereignty and by that (...) subordinated the Church to the civil government and civil law. With societas perfecta doctrine the Church defends its sovereignty in the domain of the spiritual good of men. In this way the Church defines and protects its divine origin and independence from the national state. In the first half of the 20th century the democratic and constitutional national states were developed, which acknowledges religious freedom on a constitutional level as a human and a civil right. Because of this progress the Second Vatican Council could formulate its doctrine on religious freedom based on the traditional ecclesiastical teaching of the freedom of the religious act. By then, the independence of the Church is founded and defended on the freedom of the Church, which is guaranteed in national states, which acknowledge religious freedom as a human and civil right. Although one can say that there is discontinuity in the ecclesiastical teaching on the Church as a societas perfecta and the ecclesiastical doctrine on religious freedom, there exists also continuity, because both ecclesiastical doctrines intend to safeguard the independence of the Church in human society. (shrink)

Standard philosophical accounts attempt to understand physical modality either in terms of special metaphysical entities and relationships or in terms of the organization of non-modal information, as in Best Systems Analysis. This paper defends an alternative to both these approaches in which invariance and various independence conditions play a central role. The methodological importance of separating law-claims from claims about initial and boundary conditions is highlighted.

Parsa-Parsi et al assert that the International Code of Medical Ethics (ICoME) provides a professional standard that overrides conflicting national legal norms.1 While this claim is made in the context of laws that require doctors to participate in ‘acts of torture, or other cruel, inhuman, or degrading practices and punishments’ (para10 of ICoME), the underlying premise that medical ethics supersedes law requires scrutiny. It is clear that medical ethics and law are linked inextricably, but there is unresolved debate about (...) the sequence of this interaction: should ethics shape law; or is it the converse? Important principles, notably respect for patients’ autonomy, have arisen from case law and subsequently been adopted into medical ethics. As pointed out by Beauchamp and Childress, it is only ‘since the mid-1970s (that) the primary justification advanced for requirements of informed consent has been to protect autonomous choice’ (pg.118).2 Whereas, the legal obligation to respect autonomy can be traced to the early 1900s, in the landmark US case of Schloendorff v Society of New York Hospital : ‘Every human being of adult years and sound mind has a right to determine what shall be done with his own body’.1 Moreover, the term informed consent was born in law: it was coined …. (shrink)

Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: (...) A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence. (shrink)

Standard philosophical accounts attempt to understand physical modality either in terms of special metaphysical entities and relationships or in terms of the organization of non-modal information, as in Best Systems Analysis. This paper defends an alternative to both these approaches in which invariance and various independence conditions play a central role. The methodological importance of separating law-claims from claims about initial and boundary conditions is highlighted.

Deterministic models in population dynamics often are really approximations to stochastic models, justified by an appeal to the law of large numbers. It is proposed to call such models pseudodeterministic. Four questions are discussed in this article: (1) What errors may be made by equating deterministically predicted values to expectations? (2) When, and in what sense, may numbers be assumed to be large? (3) How large are the variances, coefficients of variations, etc., as assigned to the variables in the stochastic (...) versions of the models? (4) What role may pseudodeterministic models play in empirical research, where problems of statistical reliability arise?As an example, a modified Nicholson-Bailey model of the interaction between insect parasitoids and their hosts is discussed; the modification consists of assigning a random (density-independent) mortality to the parasitoid population. A stochastic version of this model is discussed. The expectation of the final host density is compared with the value computed from the deterministic model. The latter value is systematically lower than the former. The magnitude of the difference depends on parameter values. The variability to be expected with the stochastic model is characterized by the coefficient of variation of the final host density; its dependence on parameter values and initial conditions is discussed. It is concluded that it is worthwhile in practical applications to estimate parasitoid mortality, and that the coefficient of variation in real situations may be far from negligible. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

This essay will survey various considerations that arise when a branch of physics requires formulation in terms of partial differential equations (or some facsimile thereof). My examples will derive almost exclusively from classical continuum (=smeared out matter) mechanics. Although the relevant formal facts are well known, it is difficult to find coherent discussions of how the underlying phenomena ought to be viewed. In this paper, I will give an introduction to some of the issues, although I will confess at (...) the outset that I am not certain how these matters should be finally adjudicated. Certainly it would be helpful if philosophy paid more attention to the underlying issues.Some of the points I will discuss bear upon some of Professor Sklar’s observations. Although my attention will be largely directed towards the status of boundary conditions (and related forms of singular surface), many of my examples can be adapted, mutatis mutandis, to initial conditions as well. (shrink)

Introduction: Interdisciplinary, transdisciplinary and action research of a city in lockdown. As we write this chapter, most cities across the world are subject to a similar set of measures due to the spread of COVID-19 coronavirus, which is now a global pandemic. Independent of city size, location, or history, an observer would note that almost all cities have now ground to a halt, with their citizens being confined to their private dwellings, social and public gatherings being almost entirely forbidden, and (...) commercial areas being nearly devoid of visitors. Striking as these apparent similarities are, closer scrutiny would reveal important differences between cities and within cities – differences that can be highly relevant to consider when scholars are assessing the responses of cities to this pandemic or trying to predict the consequences of those responses. For example, the public health systems in some cities are better prepared than in others for coping with the increasing number of patients in life threatening conditions. Multigenerational households, which are associated with a greater risk for elderly members, are not equally common in all cities. Tourist destinations have taken a more severe economic hit from the lockdown than those cities which are economically less dependent upon this particular source of income. Communal celebrations in one city will result in a higher number of contagions and perhaps even deaths in this situation, whereas that same social fabric generally does contribute to a population’s health. The pandemic has also had unprecedented effects on differences and inequalities within cities. In cities in the United States, neighborhoods primarily inhabited by African Americans have been disproportionately affected by COVID-19 due to living and health conditions, yet also due to the fact they disproportionately perform vital jobs. Parks and green spaces are crowded, while city centers like Amsterdam’s Red Light District have suddenly lost the bustle of tourism, providing opportunities for citizens to reoccupy scarce public spaces and reclaim ownership. Clearly, such differences between cities are in many cases only discernible to the eye of an expert, possessing the necessary background knowledge to interpret the perceptible local changes caused by the global pandemic. Typically, drawing upon his or her disciplinary training, the expert also knows how to further probe the impact of the pandemic in an appropriate way. However, compared to the usual application of expertise, this crisis situation might, in an unusual way, test even experts. For the pandemic has created a unique situation, imposing unfamiliar constraints on the health, economic, social, and other conditions of cities, constraints that interact in sometimes unexpected ways with each other. Such interactions in turn force experts to collaborate across the boundaries commonly associated with disciplines, their concepts, theories, methods, and assumptions (Klein, 1996). These brief observations of how a virus pandemic can have differential impacts upon various cities, and what this exceptional situation might mean for the application of city methods, allow us to draw a few consequences for the current context of this chapter on interdisciplinary and transdisciplinary research. First, whenever we are investigating a complex and dynamic phenomenon it is by no means easy to determine which disciplinary perspectives are required to do justice to it. Indeed, the choice of useful disciplines can only be made after an initial overview of the situation and a preliminary selection of what appear to be the most important features of the situation. Relevance is key in guiding this selection process and scholars must remain open to the possibility that they may need to revise their earlier assessments of what is relevant and what is not. Second, if scholars from different disciplines were to study different features of a city in isolation, their ‘multidisciplinary’ account would miss important dynamic and complex interactions, such as those between a city’s demographics and geographical situation, its governance and economy. In other words, it is the integration of the perspectives of different disciplines that is crucial, as only then are such interactions taken into account. Indeed, this integration between disciplinary perspectives is what distinguishes an interdisciplinary from a multidisciplinary account. Thirdly, in addition to checking the relevance of disciplines and aiming for their integration, the outcome of interdisciplinary and transdisciplinary research has typically limited generalizability. Since a city is sensitive to a multitude of internal and external dynamical factors, in ways that partly rest upon its socio-cultural history, its investigation will often have the nature of a case study rather than be capable of leading to law-like insights (Krohn, 2010; Menken & Keestra, 2016). As can be seen from these three characteristics of ascertaining the relevance of different disciplinary contributions, the challenge of their integration, and the limited generalizability of their results owing to the specificity of interdisciplinary (ID) and transdisciplinary (TD) research, such research into ‘real world problems’ is clearly distinct from most monodisciplinary research. A consequence of this distinction is the absence of a general ID/TD methodology that can guide specific case studies. By contrast, the collaboration implied in such research requires researchers – and stakeholders, if they are involved – to reflect upon their potential contribution and the implicit assumptions associated with that. We will elaborate on this in the next section. Next, we offer several typologies of integration that urban scholars could employ for their research projects, after which we will offer a few brief analyses of initial collaborations of urban research. Finally, we discuss in more detail the process of the interdisciplinary research project. This will include a brief reflection upon the decision-making process that is implied in such projects. In sum, we aim to provide some guidance in conducting an ID/TD project, albeit not in the form of a definite methodology. (shrink)

This article examines initial-condition dependence and initial-condition uncertainty for climate projections and predictions. The first contribution is to provide a clear conceptual characterization of predictions and projections. Concerning initial-condition dependence, projections are often described as experiments that do not depend on initial conditions. Although prominent, this claim has not been scrutinized much and can be interpreted differently. If interpreted as the claim that projections are not based on estimates of the actual initial conditions (...) of the world or that what makes projections true are conditions in the world, this claim is true. However, it can also be interpreted as the claim that simulations used to obtain projections are independent of initial-condition ensembles. This article argues that evidence does not support this claim. Concerning initial-condition uncertainty, three kinds of initial-condition uncertainty are identified. The first is the uncertainty associated with the spread of the ensemble simulations. The second arises because the theoretical initial ensemble cannot be used in calculations and has to be approximated by finitely many initial states. The third uncertainty arises because it is unclear how long the model should be run to obtain potential initial conditions at pre-industrial times. Overall, the discussion shows that initial-condition dependence and uncertainty in climate science are more complex and important issues than usually acknowledged. 1Introduction2Projections and Predictions 2.1Predictions2.2Projections3Initial-Condition Dependence 3.1Projections 3.1.1Dynamical conditions justifying independence of initial conditions?3.1.2What projections can and cannot provide3.2Predictions4Initial-Condition Uncertainty 4.1Projections4.2Predictions5ConclusionAppendix. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic (...) legitimacy is typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic (...) legitimacy is typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)

Tax law is a technical area of law which does not seem to be culturally specific. It is thus seen as easily transferable between different societies and cultures. However, tax law is also based on definitions and notions which are not universal. So, is tax law universal or particular? Is it indeed easily transferable between different societies? And in what ways does tax law reflect ethnic or cultural rather than economic differences? This Article seeks to answer these questions by analyzing (...) one specific example — the history of income tax legislation in Mandatory Palestine. This history reveals the dual nature of income taxation. On the one hand, the Income Tax Ordinance which was enacted by the British in Palestine in 1941 was based on a one-size-fits-all colonial model, and the lawyers involved in its enactment, in Palestine and in the Colonial Office in London, made relatively little effort to adapt it to local conditions. On the other hand, other actors — the officials, politicians and businessmen involved in the initial debate about the imposition of income taxation in Palestine in the 1930s, and the administrators involved in the application of the specific rules of the Ordinance after it was enacted in the 1940s — were aware of the need to adapt the law to the specific conditions of Palestine. Thus, while on a formal level the Ordinance seems to represent a process in which the tax law of Palestine converged with that of other British colonies, once we expand our framework and examine not just law in the books, but also law in action, and actors such as politicians and administrators, we discover that particular local conditions were an important factor in the enactment and application of the Palestine Income Tax Ordinance. The study of the process of transplantation, the Article concludes, should therefore focus not only on the formal norms being transplanted, but also on the role of the different non-legal actors involved in the process. (shrink)

This is a new translation of one of Plekhanov's major works on historical materialism. It is based on the Russian edition of the Institute of Philosophy of the Academy of Sciences of the USSR, edited by V. A. Fomina. The appendix contains two valuable additional essays by Plekhanov: The Materialist Conception of History and The Role of the Individual in History, both of which are reprints with some minor revisions of translations of 1940. Plekhanov's footnotes are given on the page (...) and explanatory notes by the editor have been added in the back of the book. Plekhanov is generally credited with having been the first to apply the term "dialectical materialism" to the philosophical materialism of Marx and Engels. In the opinion of many non-Marxist and some Marxist scholars, this was the crucial initial step in the elaboration of a deviationist doctrine which not only departed from Marx's and Engels' original thought, but which eventually overshadowed it. Plekhanov, in this view, served as the link between Engels and Lenin in which a tendency in Engels toward a mechanistic materialism, manifested in his Anti-Dühring and The Dialectics of Nature, was developed into a dominant theme. Dialectical materialism became the term applicable to the science of the laws of motion of man, society, and nature--of all reality. Historical materialism, or, as Marx and Engels called it, the materialist conception of history, became but a subordinate branch of dialectical materialism, dealing specifically with the laws of motion of man and society. It became a philosophy of history derived from a broader philosophy of nature, or of the cosmos. Reality became an autonomous existent--independent of the human species. And epistemology became a copy theory of man's never-ending and never-achieved struggle to know and reflect that which pre-exists outside of him. Regrettably, the introduction by the editor ignores these evaluations and interpretations and sticks to the more traditional Marxist areas of discussing Plekhanov's masterful refutation of economic determinism, his exaggeration of the importance of geographic conditions, and Lenin's criticisms of his theoretical weaknesses. Plekhanov's treatment of the materialist conception of history still stands as one of the most brilliant and coherent presentations of this seminal doctrine. It is a pity and a historical deprivation that he became so preoccupied with the polemics of the day as to never sit down to write a systematic exposition of Marxism.--H. B. (shrink)

Identity as traditionally conceived in mainstream Western thought is focused on theory, representation, knowledge, subjectivity and is centrally important in the works of Emmanuel Levinas. His critique of Western culture and corresponding notion of identity at its foundations typically raises the question of the other. Alterity in Levinas indicates existence of something on its own account, in itself independently of the subject’s will or consciousness. The objectivity of alterity tells of the impossible evasion of signs from their destiny, which (...) is the other. The implications involved in reading the signs of the other have contributed to reorienting semiotics in the direction of semioethics. In Levinas, the I-other relation is not reducible to abstract cognitive terms, to intellectual synthesis, to the subject-object relation, but rather tells of involvement among singularities whose distinctive feature is alterity, absolute alterity. Humanism of the other is a pivotal concept in Levinas overturning the sense of Western reason. It asserts human duties over human rights. Humanism of alterity privileges encounter with the other, responsibility for the other, over tendencies of the centripetal and egocentric orders that instead exclude the other. Responsibility allows for neither rest nor peace. The “properly human” is given in the capacity for absolute otherness, unlimited responsibility, dialogical intercorporeity among differences non-indifferent to each other, it tells of the condition of vulnerability before the other, exposition to the other. The State and its laws limit responsibility for the other. Levinas signals an essential contradiction between the primordial ethical orientation and the legal order. Justice involves comparing incomparables, comparison among singularities outside identity. Consequently, justice places limitations on responsibility, on unlimited responsibility which at the same time it presupposes as its very condition of possibility. The present essay is structured around the following themes: Premiss; Justice, uniqueness, and love; Sign and language; Dialogue and alterity; Semiotic materiality; Globalization and the trap of identity; Human rights and rights of the other: for a new humanism; Ethics; The World; Outside the subject; Responsibility and Substitution; The face; Fear of the other; Alterity and justice; Justice and proximity; Literary writing; Unjust justice; Caring for the other. (shrink)

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of (...) a model court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system. (shrink)

IntroductionThe meaning of conditional sentences bears an intrinsic relation to a number of central philosophical problems, like the nature of reasoning, the possibility of knowledge, and the status of laws of nature. This has incited philosophers to spend a lot of time working on conditionals and to fill countless bookshelves with inspiring and sophisticated theories on their meaning. However, the overall question of how to approach the meaning of conditionals is still open. There are many different theories on the (...) market, many central issues still need to be solved.But as a topic philosophers are interested in conditionals are special in that they are real; they can be the subject of empirical investigations. And they are actually investigated – in linguistic, in psychology, in the cognitive sciences. The goal of this paper is to illustrate how this ‘external’ information can be used to answer questions on the semantics of conditional sentences that philosophers and logicians are int .. (shrink)

As in the Doctrine of Right, Kant uses a principle in the Critique of Prac­tical Reason according to which whatever diminishes the hindrances to an activ­ity is a furthering of this activity itself. This is meant to help to determine a priori from concepts the modus operandi of the moral law, insofar as it is an incentive whose effect confers moral value on actions. I argue, first, that following a par­ticular reading of what is meant by "hindrance," "resistance," and (...) "furthering," this principle is likely to be false. This is because a hindrance obstructs an event or prevents it from taking place. By contrast, the removal of the hindrance or its absence merely permits or enables an event to occur. It does not bring it about. Preventing or disabling and furthering (in terms of "making happen") are not contradictory, but contrary opposites. Either, then, the furthering of an activity is to be understood as limited to enabling that activity by disabling its disablers or the notion of furthering presupposes a lot more than can be seen a priori, in­dependently of such a presupposition. The latter would be question-begging. Second, I point out that the pre-critical writing on the Negative Magnitudes pres­ents a Kantian solution to the motivation problem that, albeit not satisfactory, is more promising than that of the Second Critique. (shrink)

If the physical constants, initial conditions, or laws of nature in our universe had been even slightly different, then the evolution of life would have been impossible. This observation has led many philosophers and scientists to ask the natural next question: why is our universe so "fine-tuned" for life? The debates around this question are wide-ranging, multi-disciplinary, complicated, technical, and heated. This study is a comprehensive investigation of these debates and the many metaphysical and epistemological questions raised (...) by cosmological fine-tuning. Waller's study reaches two significant and controversial conclusions. First, he concludes that the criticisms directed at the "multiverse hypothesis" by theists and at the "theistic hypothesis" by naturalists are largely unsuccessful. Neither of these options can plausibly be excluded. Choosing between them seems to turn on primitive metaphysical intuitions. Second, in order to break the philosophical deadlock, Waller moves the debate from the level of universes to the level of possible worlds. Arguing that possible worlds are also "fine-tuned" in an important and interesting sense, Waller concludes that the only plausible explanation for the fine-tuning of the actual world is to posit the existence of some kind of "God-like-thing.". (shrink)

Although widely studied in other domains, relatively little is known about the metacognitive processes that monitor and control behaviour during reasoning and decision-making. In this paper, we examined the conditions under which two fluency cues are used to monitor initial reasoning: answer fluency, or the speed with which the initial, intuitive answer is produced, and perceptual fluency, or the ease with which problems can be read. The first two experiments demonstrated that answer fluency reliably predicted Feeling of (...) Rightness judgments to conditional inferences and base rate problems, which subsequently predicted the amount of deliberate processing as measured by thinking time and answer changes; answer fluency also predicted retrospective confidence judgments. Moreover, the effect of answer fluency on reasoning was independent from the effect of perceptual fluency, establishing that these are empirically independent constructs. In five experiments with a variety of reasoning problems similar to those of Alter et al., we found no effect of perceptual fluency on FOR, retrospective confidence or accuracy; however, we did observe that participants spent more time thinking about hard to read stimuli, although this additional time did not result in answer changes. In our final two experiments, we found that perceptual disfluency increased accuracy on the CRT, but only amongst participants of high cognitive ability. As Alter et al.’s samples were gathered from prestigious universities, collectively, the data to this point suggest that perceptual fluency prompts additional processing in general, but this processing may results in higher accuracy only for the most cognitively able. (shrink)

Over several decades, ethics and law have been applied to medical education and practice in a way that reflects the continuation during the twentieth century of the strong distinction between facts and values. We explain the development of applied ethics and applied medical law and report selected results that reflect this applied model from an empirical project examining doctors’ decisions on withdrawing/withholding treatment from patients who lack decision-making capacity. The model is critiqued, and an alternative “constitutive” model is (...) supported on the basis that medicine, medical law, and medical ethics exemplify the inevitable entanglement of facts and values. The model requires that ethics and law be taught across the medical education curriculum and integrated with the basic and clinical sciences and that they be perceived as an integral component of medical evidence and practice. Law, in particular, would rank as equal in normative authority to the relevant clinical scientific “facts” of the case, with graduating doctors having as strong a basic command of each category as the other. The normalization of legal knowledge as part of the clinician’s evidence base to be utilized in practice may provide adequate consolation for clinicians who may initially resent further perceived incursions on their traditional independence and discretion. (shrink)

: This essay examines Catharine Cockburn's moral philosophy as it is developed in her Defence of Mr. Locke's Essay on Human Understanding. In this work, Cockburn argues that Locke's epistemological principles provide a foundation for the knowledge of natural law. Sheridan suggests that Cockburn's objective in defending Locke's moral epistemology was conditioned by her own prior commitment to a significantly un-Lockean theory of morality. In exploring Cockburn's views on morality in terms of their divergence from Locke's, the author hopes (...) to underscore the extent of Cockburn's intellectual independence and her philosophical creativity. (shrink)

This essay examines Catharine Cockburn's moral philosophy as it is developed in her Defence of Mr. Locke's Essay on Human Understanding. In this work, Cockburn argues that Locke's epistemological principles provide a foundation for the knowledge of natural law. Sheridan suggests that Cockburn's objective in defending Locke's moral epistemology was conditioned by her own prior commitment to a significantly un-Lockean theory of morality. In exploring Cockbum's views on morality in terms of their divergence from Locke's, the author hopes to (...) underscore the extent of Cockburn's intellectual independence and her philosophical creativity. (shrink)

Described as one of the two fathers of medical law, Professor Peter Skegg has been a leading figure in the study of law and medicine. Over a 46 year academic career at the University of Auckland, University of Oxford, and the University of Otago, Professor Skegg has helped develop the field of medical law into a burgeoning academic discipline and has provided intellectual guardianship for the practice of law and medicine. This collection brings together contemporaries, colleagues, and former students of (...) Professor Skegg to celebrate his enduring contribution to the study of medical law. This edited collection contains twelve essays written by a range of internationally recognised medical lawyers. The topics cover the regulation of medical practitioners, consent, rights in bodily material, euthanasia, compensation and ethical approval for medical research, treatment orders for mental health conditions, and surrogacy laws. Whilst some of the essays return to territory that has been initially surveyed by Peter s research and analysis, others touch upon some wider medical law topics, illustrating Peter s lasting contribution to medical law as well as mapping out some of the new frontiers for the discipline of medical law. Academics, students and practitioners, from a range of jurisdictions, who are interested in how the law governs the provision of healthcare will benefit reading the various essays contained here. In addition, anyone who has had the good fortune of working with, or learning from, Professor Skegg will also enjoy the opportunity to return to the field of study that he founded. (shrink)

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and politics in Lithuania. (...) Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)