Starting from a teleological understanding of the rule of law, this article argues that private power is a rule of law concern as much as public power. One way of applying the rule of law to private power would be to limit instances of ‘lawlessness’ and arbitrariness through formal requirements and procedural guarantees. However, we argue that private power is, to a significant extent, constituted by law in the first place – and that its lawful exercise is (...) no less pernicious than its unlawful exercise. Drawing on this constitutive function of law, we propose a normative core of the rule of law grounded on the moral equality of individuals. Attention to individuals’ needs, capabilities, and public autonomy points to requirements of distributive justice and democratic participation as part of the power-conferring function of law. Through a discussion of contestations of fossil fuel policy, the article shows the critical and empowering potential of a reconfigured rule of law. (shrink)

Being able to categorize objects as similar or different is an essential skill. An important aspect of learning to categorize is learning to attend to relevant features and ignore irrelevant features of the to-be-categorized objects. Feature variability across objects of different categories is informative, because it allows inferring the rules underlying category membership. In this study, participants learned to categorize fictitious creatures. We measured attention to the aliens during learning using eye-tracking and calculated the attentional focus as the ratio (...) of attention to relevant versus irrelevant features. As expected, participants’ categorization accuracy improved with practice; however, in contrast to our expectations, their attentional focus did not improve with practice. When computing the attentional focus, attention to the aliens’ eyes was disregarded, because while eyes attract a lot of attention, they did not vary across aliens. Yet, an explorative analysis of attention to eyes suggested that participants’ attentional focus did become somewhat more efficient in that over time they learned to ignore the eyes. Results are discussed in the context of the need for instructional methods to improve attentional focus in learning to categorize. (shrink)

This article reviews the field of international human rights with particular attention to the way that the International Court of Justice, the International Criminal Court, the Human Rights Committee, and local domestic courts operate to resolve human rights cases. It first notes what internationally recognized human rights there are and the sources that give rise to them. It then explains how relativism enters human rights decision-making, especially at the domestic court level, in part because a common grounding for the (...) human rights pro-pounded was never adopted. Even at the level of the International Court of Justice, its failure to include an ethical modality in the way it interprets treaties generally, and human rights treaties in particular, can leave it floundering to present any consistent framework for its own human rights decision-making. The article then presents a philosophical theory to justify the human rights that are recognized, based on an objective criterion that can be developed to assist courts in deciding conflicts of rights cases. Especially with respect to state domes-tic courts, the International Court of Justice can serve as a model to be emulated were it to adopt this theoretical framework for future hu-man rights decision-making. (shrink)

Book 6 of Eusebius’ Church History contains a fascinating fragment of Porphyry’s Against the Christians in which the latter lambasts Origen’s allegorical reading of the Jewish Scriptures. Though many aspects of this text have received abundant scholarly attention, relatively little has been written on the theory underlying the critique, that is, why exactly Porphyry thought Christian allegories were illegitimate. Furthermore, among the few scholars who have treated this topic at any length, there is no consensus about the precise nature (...) of Porphyry’s objection. In this article I will argue that Porphyry denies the legitimacy of Christian allegories because he thinks the texts they exegete are clear and simple. They are not, for Porphyry, full of the mysteries and enigmas that indicate allegorical exegesis is appropriate. Consequently, Porphyry understands Christian allegories as an attempt to save a text that is plainly immoral rather than genuinely mysterious. (shrink)

Numerous studies have found that selective attention affects category learning. However, previous research did not distinguish between the contribution of focusing and filtering components of selective attention. This study addresses this issue by examining how components of selective attention affect category representation. Participants first learned a rule‐plus‐similarity category structure, and then were presented with category priming followed by categorization and recognition tests. Additionally, to evaluate the involvement of focusing and filtering, we fit models with different attentional (...) mechanisms to the data. In Experiment 1, participants received rule‐based category training, with specific emphasis on a single deterministic feature (D feature). Experiment 2 added a recognition test to examine participants’ memory for features. Both experiments indicated that participants categorized items based solely on the D feature, showed greater memory for the D feature, were primed exclusively by the D feature without interference from probabilistic features (P features), and were better fit by models with focusing and at least one type of filtering mechanism. The results indicated that selective attention distorted category representation by highlighting the D feature and attenuating P features. To examine whether the distorted representation was specific to rule‐based training, Experiment 3 introduced training, emphasizing all features. Under such training, participants were no longer primed by the D feature, they remembered all features well, and they were better fit by the model assuming only focusing but no filtering process. The results coupled with modeling provide novel evidence that while both focusing and filtering contribute to category representation, filtering can also result in representational distortion. (shrink)

The absence of a common understanding of attention plagues current research on the topic. Combining the findings from three domains of research on attention, this paper presents a univocal account that fits normal use of the term as well as its many associated phenomena: attention is a process of mental selection that is within the control of the subject. The role of the subject is often excluded from naturalized accounts, but this paper will be an exception to (...) that rule. The paper aims to show how we might reinstate the subject into the act of attention, endorsing the ordinary notion that attention is a direction of the mind by the subject, rather than a mere occurrence or happening. To do so, it lays out the best work of phenomenology, psychology, and neuroscience on specifying the nature of attention and, in finding them individually wanting, combines them into a unified view that avoids the problems of each. (shrink)

This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and (...) philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law. (shrink)

Punctuated by joy, disappointments, and conflicts, research evaluation constitutes an intense, emotional moment in scientific life. Yet reviewers and research institutions often expect evaluations to be conducted objectively and dispassionately. Inspired by the scholarship describing the role of emotions in scientific practices, we argue instead, that reviewers actively define, display and manage their emotions in response to the structural organization of research evaluation. Our article examines reviewing practices used in the European Research Council’s (ERC) Starting and Consolidator grants and in (...) the Marie Skłodowska-Curie Action’s (MSCA) Individual Fellowships. These two European funding mechanisms offer different perspectives on the organization of grant evaluation. We conducted interviews with review panel members and analyzed various institutional documents. By drawing on the sociological concepts of feeling rules and emotional work, we demonstrate that reviewers define rules concerning how emotions should be experienced and expressed to ensure the proper functioning of evaluation, and that reviewers experience the need to actively regulate their emotions to comply with these rules. We present four feeling rules concerning the experience and expression of: (1) excitement for novelty during individual evaluation; (2) respect for others’ opinions and the absence of anger in review panels; (3) attentiveness and interest, which are seen as missing in online evaluations. Reviewers also expect ERC candidates to (4) avoid pride and manifest modesty during interviews. These rules demonstrate that proposal peer review is governed by emotional norms, and show the influence of organizational settings and moral requirements on research evaluation. (shrink)

Events in both Eastern Europe and the former USSR illustrate the intimate connection between economic and political processes. Those events also remind us that political and economic institutions are human creations, and that when those institutions are poorly designed, political-economic failure is a direct consequence. It is axiomatic, then, that the transition to stable and prosperous societies in those former Communist states requires careful attention to the design and implementation of democratic institutions.

This essay is an explication and analysis of the work of Sergei Kotliarevskii, a major Russian liberal theorist, focusing on his 1915 treatise Vlast’ i pravo. Problema pravovogo gosudarstva (Power and Law: The Problem of the Lawful State). Although the “lawful state” has long been a subject of interest and controversy (even at the definitional level) among historians and political scientists, curiously Kotliarevskii has not received the attention he deserves. His study of the concept of the lawful state, which (...) for him was integrally related to the ideal of the rule of law, is an important Russian contribution to the history and philosophy of law and the state. This essay explores the philosophical sources and contexts of his work; his understanding of the relationship among power, law, and thestate; his thesis that religious ideas and institutions were most important in the historical development of legal consciousness; his consideration of the modern constitutional state; and his conviction that personhood—the absolute value and dignity of the human person—was the ultimate justification for the rule of law. (shrink)

This essay is an explication and analysis of the work of Sergei Kotliarevskii, a major Russian liberal theorist, focusing on his 1915 treatise Vlast’ i pravo. Problema pravovogo gosudarstva (Power and Law: The Problem of the Lawful State). Although the “lawful state” has long been a subject of interest and controversy (even at the definitional level) among historians and political scientists, curiously Kotliarevskii has not received the attention he deserves. His study of the concept of the lawful state, which (...) for him was integrally related to the ideal of the rule of law, is an important Russian contribution to the history and philosophy of law and the state. This essay explores the philosophical sources and contexts of his work; his understanding of the relationship among power, law, and thestate; his thesis that religious ideas and institutions were most important in the historical development of legal consciousness; his consideration of the modern constitutional state; and his conviction that personhood—the absolute value and dignity of the human person—was the ultimate justification for the rule of law. (shrink)

Charles Sanders Peirce’s first rule of logic (EP 2.48, 1898) identifies the inception point of human inquiry. Taking a closer look at this principle, we find at its core a necessary relationship between emptiness and desire that underlies all genuine instances of human learning and adaptation. This composite relationship plays a critical role in the function or failure of learning but has received scant attention in the literature. As a result, the complexities of the first rule of (...) logic are not well understood, often being mistakenly conflated with the rule’s famous corollary, ‘do not block the way of inquiry’, or passed over with cursory definitions, including ‘wonder’, ‘doubt’ and ‘the will to learn’. Following a background discussion highlighting the nature of reflexive inquiry and fallibilism that situate human consciousness both within and beyond animal being, I draw on multiple layers of evidence from a range of disciplines to better reveal the complex dynamics intrinsic to the first rule of logic. These layers include a closer reading and exegesis of the original passage and surrounding text; a semiotic reanalysis of this reading in light of recent advances in the semiotic theory of learning; a resituation of these distinctions within broader contemporary discussions of emptiness ontology to which I contribute in part via an original semantic/rhetorical analysis of a linguistic construction in Laozi; the introduction of a closely related pedagogical tool under development in the context of my own university-level teaching in ethnography and research methods; and the dialogic situation of this diagram within discourses of psychotherapy, philosophy and literature. Building on these principles and distinctions, the paper closes with a perspective shift on obstacles and desire in human learning and an expanded reformulation of the first rule of logic. (shrink)

My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule (...) of law is adopted, there is no tension between the principled approach to hearsay and the rule of law. (shrink)

No single moral theory can instruct us as to whether and to what extent we are confronted with legal loopholes, e.g. whether or not new legal rules should be added to the system in the criminal law field. This question on the primary rules of the law appears crucial for today’s debate on roboethics and still, goes beyond the expertise of robo-ethicists. On the other hand, attention should be drawn to the secondary rules of the law: The unpredictability of (...) robotic behaviour and the lack of data on the probability of events, their consequences and costs, make hard to determine the levels of risk and hence, the amount of insurance premiums and other mechanisms on which new forms of accountability for the behaviour of robots may hinge. By following Japanese thinking, the aim is to show why legally de-regulated, or special, zones for robotics, i.e. the secondary rules of the system, pave the way to understand what kind of primary rules we may want for our robots. (shrink)

The first segment starts with a definition of two dimensions of the concept of rule of law; related to the notion of sovereignty and as a concept to control arbitrariness on the part of the ruler. The segment proceeds to give a historical account of the notion and the different stages of its epistemological configuration, from the ancient Greek notion of Eunomia and its incompatibility with the popular rule to the current notion, where the rule of law (...) has become fused with democracy and human rights. The first segment also focuses on the relation between the concept of the rule of law and other principles, such as proportionality, neutrality, and effectiveness. The second segment of the paper analyses the phenomenon of juridification of the rule of law in international treaties and domestic constitutions. It pays particular attention to the role that constitutional accommodation plays in the process of rationalization of the rule of law as a prerequisite to its idealization and mystification. It analyses the reason why this principle is an essential feature of the constitutionalism despite the inner plurality of legal systems. The next aspect, analysed in the third segment of this paper, is the messianic use of the concept of the rule of law. The paper performs a critical definition of messianic, covering a theological perspective and the different theories and concepts that go hand in hand with the idea of the Messiah, such as the “coming”, prophetical and apocalyptical messianism, the phenomena of eschatology, expiation and redemption pictured in Judaism. The segment also covers the secular transplantation of the messianic thought. The last segment is a conclusion returning to the themes identified in the paper and summarises how the messianic thought is applied in the realm of the rule of law. (shrink)

Se aborda el problema fundamental de la pragmática trascendental del lenguaje, así como también la cuestión de la ética del discurso desarrollada por K.-O. Apel y J. Habermas; asunto referido a la obligatoriedad de las reglas del discurso. La atención se centra en la objeción de Habermas, que restringe el alcance de la obligatoriedad de esas reglas. Se analiza la objeción, así como la solución que este autor propone, y se ofrece un sentido para su respuesta. The article addresses the (...) fundamental problem of the transcendental pragmatics of language, as well as the issue of the ethics of discourse developed by K.-O. Apel and J. Habermas, a matter referred to the obligatoriness of the rules of discourse. Attention is focused on the objection posed by Habermas, which restricts the scope of the obligatory nature of those rules. After analyzing the objection and the solution proposed by Habermas, we offer an interpretation of his response. (shrink)

To note that the study of Sanskrit narrative literature, in particular the Epics and Purāṇas, has been plagued with the propensity towards diachronic dissection would be little more than a truism in most scholarly circles. Yet it is with this truism we are forced to begin as we strive to shed the old skin of colonial era receptions of these texts. While there have been notable efforts made to embrace Sanskrit narrative as synchronic wholes, there isn’t much in the way (...) of a systematic methodology for doing so. This paper, therefore, is aimed at charting a methodology for synchronic study of Sanskrit narrative literature, paying particular attention to narrative frames. It advances five avenues of thematic import based on the structure of Sanskrit narrative: inception import, association import, exposition import, framing import, and impetus import. Examples are primarily drawn primarily from the Mahābhārata and the Mārkaṇḍeya Purāṇa. Note that key terms arising from the discussion in this chapter are bolded throughout and appear in a “terminology guide” appended to the end of this study for the sake of reader reference. (shrink)

Play is becoming increasingly central to our society. This is not only confirmed by the excessive attention for sports in mass media. In the corporate world also, particularly in management, the importance of play is acknowledged, as well in, for instance, role training, meeting skills, and team-building. The annual “outward bound” business retreat often includes group play. Metaphorically as well, life and professional life have come to be viewed as a game. Without batting an eyelid, speculators play their virtual (...) game in the financial markets as if they were no longer aware that their actions also affect the real economy. More and more people increasingly lose themselves in play. Since the 1950s, play has also... (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on (...) Italian case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 23 (2003) 159-161 [Access article in PDF] Benedict's Dharma: Buddhist Reflections on the Rule of Saint Benedict. By Norman Fischer, et al. Edited by Patrick Hart, with an afterword by David Steindl-Rast and a translation of the Rule by Patrick Berry. New York: Riverhead Books, 2001. xvi + 222 pp. When Buddhist and Christian monastics meet, they recognize each other as brothers and sisters engaged (...) in a similar quest, despite their doctrinal differences. The nature of this quest is explored in Benedict's Dharma, in which four Buddhists (Norman Fischer, Joseph Goldstein, Judith Simmer-Brown, and Yifa, representing the Zen, Theravadin, Tibetan, and Chinese Buddhist traditions) ruminate on their fraternal and sororal feelings.Venerable Yifa, a nun of the prominent Taiwanese monastery Fo Guang Shan, is the only one of the four in monastic vows, and the reader may wonder what the three non-monastics could offer to a discussion on the monastic life. This is not a new problem. Patrick Henry and Donald Swearer's groundbreaking study, For the Sake of the World: The Spirit of Buddhist and Christian Monasticism (1989), spends a great deal of time on Zen monks, even though there are no Zen monks, theVinaya is kept by the Zen nuns or by the monastics of the parent and sibling lineages of Chan, Son, and Thien. (See my review article, "Why Are There Monks and Nuns?" in Buddhist-Christian Studies 12.) The monastic, it seems, is not confined to the habit.Brother David Steindl-Rast, a monk of Mount Saviour Monastery, grapples with this problem in his afterword, "Conclusions about a Beginning." It was at Mount Saviour that the phrase "the monastic dimension" was coined, to refer to those of monastic bent who for one reason or another did not or could not live in the cloister. One of Brother David's books was to be called, he told me, The Monk in Us, "us" meaning laypeople, but the title had an odd sound and was dropped. So, what is the monastic dimension? Brother David suggests that it is mindfulness, and he comes close to saying that wherever there is mindfulness, there is monasticism. "If mindfulness is all that matters, the monastery is merely a most convenient environment for this kind of life, but it can be lived anywhere, by anyone" (126). He goes on to discuss the phenomenon of monasteries shrinking in size at the same time as the number of long- and short-term visitors to monasteries grows, and proposes that we are moving toward a new understanding of the terms "contemplative," "monastic," and "lay."This insight may point to the most important contribution of this book. It is not about monasticism per se, and it is not a comparative study of the Rule and the Vinaya, with practical suggestions for their mutual reform; rather, it is a meditation on how anyone, monastic or lay, might live the contemplative or mindful life. Throughout the history of the Church and the sangha, laypeople have been in the majority, but attention has been focused on the priests and monastics. Pope Pius X [End Page 159] put it bluntly: the laypeople are the sheep who are to be led, and the clergy are the shepherds who lead. The Church, he added, is not a democracy. I do not know of a Buddhist who has been quite this straightforward, but many have come close, and the history of Buddhism is not that of a democracy. Occasionally, lay movements in both traditions have arisen, basing themselves on the doctrine of the priesthood of all believers or on the teaching of universal Buddha-nature, but they have quickly been co-opted by leaders who proclaimed themselves to be more equal than their fellows. The tragedy for both Buddhism and Christianity is that the contemplative or mindful life has become restricted to a group of professionals, with the attendant belief that such a life is unattainable by most Buddhists and Christians. Now that the dharma has come to the land of the red-faced people, where democracy is... (shrink)

This paper argues that Ricœur’s philosophy operates on the basis of a more expansive conception of rhetoric than it first appears. To show this, I reread The Rule of Metaphor through the “new rhetoric” of Chaïm Perelman. First, I survey Ricœur’s understanding of rhetoric in the 1950s and 60s. Second, I examine Ricœur’s relation to Perelman within the context of the broader “rhetorical turn” of the 1970s. After examining their respective positions, I argue that Ricœur fails to appreciate the (...) full significance of Perelman’s conception of audience. In doing so, I draw attention to the central role that Ricœur himself ascribes to the audience or reader in the “work of meaning.” I conclude by proposing that the rhetorical triad of logos/ethos/pathos may serve as a conceptual matrix with which the rhetorical aspects of Ricœur’s philosophy can be interpreted. (shrink)

This article attemps to provide a good defense for battered women who kill their sleeping husbands, particularly in cases where it is judged that she was mistaken in her assumption of the need to exercise self-defense. Proceeding from the distinction between the imputation of an act to an actor and the imputation of blame to an actor for criminally prohibited conduct , the article moves on to a discussion of the relevance of mistakes as to justifying circumstances under the criminal (...) law. Although some attention is given to the theoretically sound solution to the problem raised by the unknowingly justified actor, primary emphasis is placed on the putatively justified actor. The argument is advanced that the false assumption of justifying circumstances negates the imputation of wrongful conduct to an actor, rather than negating the imputation of blame to him for his wrongful conduct. Accordingly, criminal liability can only attach to an individual acting in putative self-defense, for example, if that individual was negligent for making the mistake . The standard for judging negligence in the United States is that of the so-called "reasonable person". A great deal of discussion in the U.S. scholarly literature has been revolving around the question of whether an "objective" or "subjective" standard of reasonableness should be employed when determining whether an individual acted reasonable and thus non-negligently. This article argues for a "subjective" standard for the criminal law, as opposed to an "objective" standard, which is claimed to have more relevance for tort law . Finally, the claim is made that a battered woman who kills her sleeping husband should be given the benefit of the self-defense justification under the U.S. law approach to self-defense. If the woman is mistaken as to the need to exercise self-defense, then wrongful conduct should be imputed to her only on the basis of whether her mistake was subjectively unreasonable and thus negligent . Der Aufsatz liefert Argumente dafür, daß eine "battered woman" für die Tötung ihres schlafenden Ehemannes strafrechtlich nicht zur Verantwortung gezogen werden kann, und zwar insbesondere dann nicht, wenn sie irrig Umstände annimmt, die, wenn sie vorlägen, die Handlung der Frau unter Notwehrgesichtspunkten rechtfertigen würden. Die Unterscheidung zwischen der Zurechnung eines Vorgangs als Handlung und der Zurechnung einer rechtswidrigen Tat zur Schuld wird vorangeschickt . Dann wird die strafrechtliche Relevanz von Irrtümern über rechtfertigende Umstände besprochen. Zwar wird die theoretisch richtige Lösung auch solcher Fälle diskutiert, bei denen der Täter rechtfertigende Umstände verkennt. Doch wird die Betonung auf die Fälle der Putativnotwehr gelegt, wobei die These vertreten wird, daß die irrige Annahme von rechtfertigenden Umständen die Zurechnung des Vorgangs als Totschlagshandlung und nicht erst die Zurechnung zur Schuld ausschließt. Daraus läßt sich entnehmen, daß der Täter, der in Putativnotwehr handelt, strafrechtlich nur dann verantwortlich ist, wenn sein Irrtum auf Fahrlässigkeit beruht . In den U.S.A. wird die Frage, ob jemand fahrlässig gehandelt hat oder nicht, danach beantwortet, ob eine "reasonable person" in der gegebenen Situation genauso wie der Täter gehandelt hätte. Zur Zeit findet eine lebhafte Diskussion darüber statt, ob dieser Maßstab "objektiv" oder "subjektiv" aufzufassen sei. Anders ausgedrückt: Es wird die Frage gestellt, ob die Geschworenen die Annahmen eines Durchschnittsmenschen oder aber die eines Menschen mit den persönlichen Merkmalen und Erfahrungen des Angeklagten in ihren Überlegungen darüber heranziehen sollten, ob dieser hypothetische Mensch einem Irrtum wie dem des Angeklagten erlegen wäre. Der Aufsatz spricht sich, was strafrechtliche Urteile angeht, für den "subjektiven" und gegen den "objektiven" Maßstab aus, der statt dessen für die deliktsrechtlichen Urteile der angemessenere zu sein scheint . Die Ergebnisse dieser Argumentationen werden dann auf den Fall der "battered woman" angewandt. Es wird gezeigt, daß die geschundene Frau, die ihren schlafenden Ehemann tötet, nach dem U.S. Model Penal Code unter Notwehrgesichtspunkten gerechtfertigt sein kann. Sollte es im Einzelfall so sein, daß die Frau sich über die Erforderlichkeit der Notwehrhandlung geirrt hat, dann kann ihr die Handlung nur dann zugerechnet werden, wenn der Irrtum im "subjektiven" Sinne fahrlässig gewesen ist. (shrink)

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

At the end of the verses 44th, 45th, and 47th of the Surat al-Māʾida, it is seen that those who do not judge by what Allah has revealed are described as unbelievers, oppressors, and fāsiqs with the general expression. Especially in verse 44th of the surah, the fact that those who do not judge by Allah's revelations are characterized as misbelievers has been a subject of debate since the early period. Many different opinions have been expressed by the mufassirs about (...) who are included in this scope, who are the addressees of the verse, whether the” kufr” here is blasphemy in the form of denying Allah and leaving the religion, or is it a different type of “kufr”. As it is understood from the information in the sources regarding the asbāb al-nuzūl of these verses were revealed as the Jews destroyed the provisions set by Allah in the Torah, changed them with various ways, and discriminated between people in various ways and applied them. With the relevant verses in Sūrah al-Māʾida, all these injustices, lawlessness, and unfairness were made away and the Jews who committed them were strongly criticized. In this regard, it is seen that some commentators have devoted themselves to the reason for the verdict of the relevant verses and interpreted the characterizations in the verse as infidels, cruel, and fāsiqs as covering only the Jews who committed these acts. However, even if the information about the contents of the relevant verses shows that these verses are about the Jews, this does not mean that the scope of the verse should be limited to them. Because both the universality of the messages of the Qur'an in general and the fact that the address in the verses came in a public way do not allow these provisions to be allocated only to a certain group. In addition, according to the rules of istinbat, the fact that the reason for making a religious provision is specific does not prevent the generalization of it. When considered within the framework of the principles we have explained, it becomes clear that narrowing down the provisions of the verses by allocating them only to a certain group is not a correct approach. In this article, it is aimed to draw attention to the richness of meaning that emerges when the relevant verses are evaluated in terms of the types of indications in the fiqh method. When the verses within our subject are evaluated in terms of the types of indications, it is seen that these verses indicate that the implementation of a provision in force cannot be avoided. In the relevant verses, it's concluded that important principles and rules of law such as the realization of justice, the rule of law, equality before the law, no one's being privileged in the sight of the law, the powers of the head of state are limited, that there is no place for ijtihad where Allah's clear judgment exists. (shrink)

: This paper aims to situate the roles of attention and habit in contemporary approaches to embodied cognition with particular regard to the conceptualisation of affordances. While Chemero has argued that affordances have a relational character that rules out dispositions, Rietveld and Kiverstein have suggested that engaging with affordances amounts to exercising skills. By critically reconsidering the distinction between dispositions and abilities proposed by Chemero, as well as the standard theory of habit that underpins accounts of skilful coping, I (...) propose to disambiguate habit from skill and to reassess the phenomenology of dispositions. Dispositions are motivational factors that depend on two elements: sensitivity to context clues, which is regulated by habit and attention, and the positionality of the subject, which is inseparable from context-awareness. Drawing on Husserl’s and Merleau-Ponty’s insights, I argue that both and can accommodate a dispositional view of affordances. Keywords: Habit; Attention; Affordances; Dispositions; Phenomenology; Embodied Cognition Situare attenzione e abitudine nel panorama delle affordance Riassunto: L’articolo mira a situare i ruoli svolti dall’attenzione e dall’abitudine negli approcci contemporanei all’ embodied cognition, con particolare attenzione alla concettualizzazione delle affordance. Se, un da un lato, Chemero ha sostenuto che l’ affordance ha un carattere relazionale, che esclude le disposizioni, Rietveld e Kiverstein, dall’altro lato, mantengono che il coinvolgimento nell’ affordance corrisponde all’esercizio di abilità pratiche. Nel riconsiderare criticamente la distinzione fra disposizioni e abilità avanzata da Chemero, così come la concezione standard dell’abitudine che è alla base delle teorie di skilful coping, propongo di disambiguare l’abitudine dalle abilità e di rivalutare la fenomenologia delle disposizioni. Queste ultime sono elementi motivazionali che dipendono da due fattori: sensibilità verso il contesto, che è governata dall’abitudine e dall’attenzione, e la posizionalità del soggetto, la quale è inseparabile dalla consapevolezza del contesto. Basandosi su Husserl e Merleau-Ponty, l’articolo difende l’ipotesi che sia che possono soddisfare una concezione disposizionale dell’ affordance. Parole chiave: Abitudine; Attenzione; Disposizioni; Fenomenologia; Cognizione incarnata. (shrink)

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward, or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, (...) intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning. (shrink)

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of (...) individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law. (shrink)

One of the crucial fields of study that is getting more attention is association rule mining. It is crucial to databases' knowledge discovery (KDD). KDD and association rule mining have a very broad use. It has evolved at a rapid rate over the past fifteen years. Association Rule Mining is a novel technology, although it is still in the discovery and development stages. Video is an illustration of interactive media data since it contains text, pictures, meta-data, (...) visual, sound, and different kinds of data. It is frequently used for a variety of important likely reasons, such as security and reconnaissance, amusement, healthcare, educational endeavours, and sports. One of the main issues for the local data-mining research community is video data mining, which aims to find and comprehend fascinating examples from the large volume of video data. Video data mining is still in its infancy when compared to mining other sorts of data. It is pivotal to grasp and naturally mine the information from video databases considering the continually extending computerized libraries and video databases. Differentiating association rules between components in a significant video library is critical in the field of video data mining. As per continuous imaginative work, association rule mining is being utilized rapidly in various tasks, including perception, social affairs, broadcast news, sports, records, films, clinical data, as well as on the web and individual media assortments. This exploration tries to give a far-reaching method to association rule extraction from video databases. (shrink)

Recently, big data analytics have gained significant attention in healthcare industry due to generation of massive quantities of data in various forms such as electronic health records, sensors, medical imaging, and pharmaceutical details. However, the data gathered from various sources are intrinsically uncertain owing to noise, incompleteness, and inconsistency. The analysis of such huge data necessitates advanced analytical techniques using machine learning and computational intelligence for effective decision making. To handle data uncertainty in healthcare sector, this article presents a (...) novel metaheuristic rough set-based feature selection with rule-based medical data classification technique on MapReduce framework. The proposed MRSFS-RMDC technique designs a butterfly optimization algorithm for minimal rough set selection. In addition, Hadoop MapReduce is applied to process massive quantity of data. Moreover, a rule-based classification approach named Repeated Incremental Pruning for Error Reduction is used with the inclusion of a set of conditional rules. The RIPPER will scale in a linear way with the number of training records utilized and is suitable to build models with data uncertainty. The proposed MRSFS-RMDC technique is validated using benchmark dataset and the results are inspected under varying aspects. The experimental results highlighted the supremacy of the MRSFS-RMDC technique over the recent state of art methods in terms of different performance measures. The proposed methodology has achieved a higher F-score of 96.49%. (shrink)

What is a rule, if it appears to become confused with life? And what is a human life, if, in every one of its gestures, of its words, and of its silences, it cannot be distinguished from the rule? It is to these questions that Agamben's new book turns by means of an impassioned reading of the fascinating and massive phenomenon of Western monasticism from Pachomius to St. Francis. The book reconstructs in detail the life of the monks (...) with their obsessive attention to temporal articulation and to the Rule, to ascetic techniques and to liturgy. But Agamben's thesis is that the true novelty of monasticism lies not in the confusion between life and norm, but in the discovery of a new dimension, in which "life" as such, perhaps for the first time, is affirmed in its autonomy, and in which the claim of the "highest poverty" and "use" challenges the law in ways that we must still grapple with today. How can we think a form-of-life, that is, a human life released from the grip of law, and a use of bodies and of the world that never becomes an appropriation? How can we think life as something not subject to ownership but only for common use? (shrink)

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of (...) academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:74. RULE-UTILITARIANISM AND HUME'S THEORY OF JUSTICE One of the striking features of Hume's theory of justice is the narrowness of the range of judgments it is designed to illumine. For Hume the paradigms of judgments of justice are judgments about particular actions, not judgments about laws or institutions or states of affairs. Moreover, the characterization of actions as just or unjust is possible according to Hume only (...) in a certain kind of legal context - namely when questions arise about the conformity of conduct to a certain class of legal rules, those which comprise the law of property. In such contexts, actions are said to be just if they are in accordance with property rules and unjust if they are contrary to them. Of particular interest is the exclusion of judgments about the law - and in particular judgments about property rules - from the class of judgments of justice. Hume recognizes, of course, that we often have occasion to evaluate rules of law, including the rules which make up the law of property. When such judgments have to be made, however, it is never their justice or injustice which is in question for Hume. The fact that he often refers to the rules of property as "rules of justice" may seem to be inconsistent with this view, but it is not. When Hume refers to property rules in this way, it is not because he wishes to signify that the rules themselves satisfy some principle of justice, but rather because he conceives of them as embodying our criteria for the making of judgments about the justice of particular acts. Property rules cannot be viewed as "rules of justice" in this sense without satisfying some supralegal standard of acceptability. But the standard in quesrtion is social utility, not justice. Property rules qualify as "rules of justice", then, not because they are just but rather because they serve the public interest. Like some contemporary rule-utilitarians, Hume expressly disallows the question whether particular acts of 75. justice are socially useful. Or rather, to be more accurate, he claims that the disutility of particular acts sanctioned by property law counts neither against their being regarded as "acts of justice" nor against recognition of the obligation to perform them. Neither the characterisation of particular actions as "just" nor the stringency of the obligation to perform them is affected by the discovery that they might have to be said not to be in the public interest if attention were to be concentrated on the special circumstances of their performance. The reason is that it is a mistake, Hume thinks, for such acts to be viewed in isolation from other similar acts. Rather they must be seen as forming part of a scheme or system - a scheme or system which, taken in its entirety, serves the public interest. Hume's theory of justice thus embodies an unusually neat distinction between questions of justice and questions of social utility. When questions of justice are allowed to arise which is when the justice of particular acts is to be determined - questions of social utility do not arise. And when questions of social utility are allowed to arise - as they do when property rules have to be evaluated - questions of justice do not arise. Despite the sharp distinction he draws between justice and utility, Hume's theory of justice is clearly a utilitarian one. It is indeed a veritable prototype of the kind of theory now dubbed "rule-utilitarian". As such it has obvious attractions for would-be utilitarians, if it can be made to work. It would enable utilitarians to offer an account of judgments of justice in terms of rules enjoying the status of secondary principles of morality. Justice judgments could be represented as a special sub-class of moral judgments and the principles regulating them as subordinate to, and derivable from, the principle of utility. The vexed question of the relation between justice and utility would thereby be resolved without challenge to the assumption that they are different values and also without 76. abandonment of the claim that the principle of utility is the only underivative moral principle. By contrast, utilitarians for whom the... (shrink)

The aim of this book is to present the fundamental theoretical results concerning inference rules in deductive formal systems. Primary attention is focused on: admissible or permissible inference rules the derivability of the admissible inference rules the structural completeness of logics the bases for admissible and valid inference rules. There is particular emphasis on propositional non-standard logics (primary, superintuitionistic and modal logics) but general logical consequence relations and classical first-order theories are also considered. The book is basically self-contained and (...) special attention has been made to present the material in a convenient manner for the reader. Proofs of results, many of which are not readily available elsewhere, are also included. The book is written at a level appropriate for first-year graduate students in mathematics or computer science. Although some knowledge of elementary logic and universal algebra are necessary, the first chapter includes all the results from universal algebra and logic that the reader needs. For graduate students in mathematics and computer science the book is an excellent textbook. (shrink)

There has been increasing attention given to the way in which racial genetic clusters are constructed within population genetics. In particular, some scholars have argued that the conception of “whiteness” presupposed is such analyses is inherently problematic. In light of these ongoing discussions, this article aims to further clarify and develop this implicit relationship between whiteness, purity and contemporary genetics by offering a Foucauldian critique of the discourse of race within these genetic admixture studies. The goals of this article, (...) then, are twofold: first, to unearth some of the presuppositions operative in this genetics discourse that make possible a biological conception of race; and second, to examine some of the social and historical origins of those presuppositions. To this end, this article provides a brief genealogy of racial purity beginning with its formal legal codification in the one-drop rule. (shrink)

Harms and risks to groups and third-parties can be significant in the context of research, particularly in data-centric studies involving genomic, artificial intelligence, and/or machine learning technologies. This article explores whether and how United States federal regulations should be adapted to better align with current ethical thinking and protect group interests. Three aspects of the Common Rule deserve attention and reconsideration with respect to group interests: institutional review board (IRB) assessment of the risks/benefits of research; disclosure requirements in (...) the informed consent process; and criteria for waivers of informed consent. In accordance with respect for persons and communities, investigators and IRBs should systematically consider potential group harm when designing and reviewing protocols, respectively. Research participants should be informed about any potential group harm in the consent process. We call for additional public discussion, empirical research, and normative analysis on these issues to determine the right regulatory and policy path forward. (shrink)

Corruption in the construction industry is a serious problem in China. As such, fighting this corruption has become a priority target of the Chinese government, with the main effort being to discover and prosecute its perpetrators. This study profiles the demographic characteristics of major incidences of corruption in construction. It draws on the database of the 83 complete recorded cases of construction related corruption held by the Chinese National Bureau of Corruption Prevention. Categorical variables were drawn from the database, and (...) ‘association rule mining analysis’ was used to identify associations between variables as a means of profiling perpetrators. Such profiling may be used as predictors of future incidences of corruption, and consequently to inform policy makers in their fight against corruption. The results signal corruption within the Chinese construction industry to be correlated with age, with incidences rising as managers’ approach retirement age. Moreover, a majority of perpetrators operate within government agencies, are department deputies in direct contact with projects, and extort the greatest amounts per case from second tier cities. The relatively lengthy average 6.4-year period before cases come to public attention corroborates the view that current efforts at fighting corruption remain inadequate. (shrink)

Although much has been written on the dead-donor rule in the last twenty-five years, scant attention has been paid to how it should be formulated, what its rationale is, and why it was accepted. The DDR can be formulated in terms of either a Don’t Kill rule or a Death Requirement, the former being historically rooted in absolutist ethics and the latter in a prudential policy aimed at securing trust in the transplant enterprise. I contend that the (...) moral core of the rule is the Don’t Kill rule, not the Death Requirement. This, I show, is how the DDR was understood by the transplanters of the 1960s, who sought to conform their practices to their ethics—unlike today’s critics of the DDR, who rethink their ethics in a question-begging fashion to accommodate their practices. A better discussion of the ethics of killing is needed to move the debate forward. (shrink)

The article exposes the analysis of different socio-philosophical approaches to the fixation of a rule in contemporary praxis. It clarifies the status and role of the rule as a notion in practical philosophy. The author compares the advantages of neo-Aristotelian, neo-Kantian and socio-critical approaches to the revelation of valid forms of praxis rules. In the framework of social philosophy, the article demonstrates the interdependency and succession of these approaches to the interpretation of the essence of the practical (...) class='Hi'>rule. The renaissance of the Aristotelean definition of praxis is considered in the works by E. Stein and A. MacIntyre. The relevance of the neo-Kantian approach to the revelation of the nature of practical rule in contemporary social theory is justified on the basis of works by R. Jaeggi, E. von Redecker and J. Butler. The author traces the productive interaction between the neo-Aristotelean and the neo-Kantian approaches to defining praxis rules. Special attention is paid to the philosophy of H. Lotze and E. Lask, where is accomplished the practical turn from the Aristotelean accomplished deed itself to the Kantian judgement about a value of this or that form fulfillment. The dominance of the axiological approach to praxis in contemporary social theory is problematised by means of the neo-Aristotelean interpretation, which prevents its alienation from the essence of the virtue action. The late modern characteristic forms of the practical rule fulfillment in creative activity are considered. There is justified the necessity of turning the theory of practices to the neo-Kantian and the neo-Aristotelean traditions in order to reveal valid forms of expressing and preserving the value-normative nature of rules in contemporary society. That can partially overcome the pragmatic relativism of the theory of practices, which neglects the traditional sense of the praxis rule in its situational intersubjective interpretation. Taking into account complexity and non-linear development of social reality, as well as of the variety of approaches to its reflection, there is explicated the relevance of the determination of contextually possible and universally necessary forms of praxis rules, which are justifiable as value meaningful. (shrink)

Should we doubt the exactness of the predictive quantum rules of calculation? Although this question is sometimes raised in connection with the one on how to physically understand quantum mechanics, these two questions should not be mixed up. It is recalled here that even the first one is stil an object of controversy, and it is shown (a) that in one specific case the arguments put forward in support of such doubts are hardly cogent but (b) that, nevertheless, at least (...) in one specific other context, the question is worth attention. This is the problem of repeated imperfect measurements. Relative to it, a theoretical possibility is shown of discriminating between the thesis that the quantum rules are exact and a powerful theory of which it is proved that it cannot be reconciled with the assumption. (shrink)

The paper concerns the essential and permanent place of roles and rules in human life, or what I call ‘the dilemma of compliance.’ The paper begins with previous scholarship warning therapists and psychologists about the danger of unknowingly reinforcing violent and toxic social expectations. A distinction is drawn between conformity and compliance, with the former standing for rote and mindless following of rules, and the latter a self-conscious and flexible way of relating to rules and roles. The paper argues that (...) following rules and filling roles is unavoidable, and, consequently, a human life is always a double-life, divided between pre-existing, generic roles, and our private and unique way of relating to those roles. The crucial difficulty is learning to comply with rules and roles rather than merely conforming to them. Two extreme cases are examined to develop this problem of rules, roles, and living a double-life: schizophrenia and censorship. It is argued that schizophrenia and censorship are cases in which the place of rules and roles become overbearing and urgent. Finally, the paper argues that attention to the dilemma of compliance highlights the significance of trauma-informed care, as trauma is often connected to how one fits or does not fit into a social milieu constituted by roles, rules, and expectations. The arguments are developed primarily in historical, philosophical, and clinical terms. (shrink)

In the Hanafī madhab (school law), al-hukm al-taklifī have been determined in different categories, taking into account that the relevant evidence is conjecture-conclusive in terms of certitude-dalāla and whether the request is binding or not. In general terms, it is stated in the usūlworks that the orders and prohibitions that are fixed with definite evidence are fard and haram, and the binding provisions in which there is suspicion and doubt in their evidence are wājib and tahrīman makrūh. However, some “fards” (...) have been identified, which have stronger effects than “wājib” in the Hanafi fiqh doctrine, and which are subject to suspicion and doubt in their evidence, and therefore there is disagreement about their ruling among fiqh scholars. The Hanafī jurists of the later period adopted the concept of “al-fard al-amalī (al-zannī)” for such judgments. In addition, while examining the propositional provisions in the Hanafī Usūl literature, the wājib is generally compared with the fard. However, in some of the later usūl works and in many other issues in fiqh, wājib is compared with sunnah, and its connection with sunnah or its distinction from sunnah is considered as an important issue. In this article, it is aimed to clarify the nature of the “al-fard al-amalī”, which expresses an intermediate category in the classification of propositional provisions in the Hanafī school, and similarly, attention is drawn to the existence of some “haram” in the Hanafī school of which there is doubt. Some of the evaluations made by Hanafi jurists regarding the distinction between wajib and sunnah, taking into account the quality of the evidence, have been discussed and it has been tried to determine what is the ruling of abandoning the muakkad sunnah, which is often not explicitly included in the proposed judgment classifications made depending on the nature of the relevant evidence. In this study, it has been tried to make a comparative and chronological reading between the usūl and furū works in Hanafī school. (shrink)

In this article, through a comparative analysis of Dewey's and Laozi's relevant accounts, I examine a pragmatic insight concerning moral rules and moral experience to the effect that (i) fixed and formulated moral rules should not be taken as the final absolute moral authority, and (ii) attention needs to be paid to the moral agent's own moral experience that responds to the felt demands in concrete situations. The purpose of this paper is to enhance understanding the crucial points of (...) the pragmatic insight and to look at how, in certain complementary ways, Dewey's and Laozi's distinct approaches could contribute to the pragmatic insight and learn from each other. I endeavour to show several points: (1) The pragmatic insight has its distinct metaphysical foundations in Dewey's and Laozi's accounts, whose combination could enhance each other's visions and overcome each other's limitations; (2) Both Dewey and Laozi reject some sharp dualism to look at the nature of moral experience that responds to the felt demands in concrete situations; in so doing, their distinct focuses on different aspects, or developing stages, of such moral experience could be complementarily coordinated into a whole; (3) Their characterisations of the pragmatic insight are also based upon their distinct but related naturalistic perspectives to human moral foundation; Laozi's approach could provide some constructive insight for and due natural limitations on Dewey's account. (shrink)

This paper develops the concept of ‘creative attention’. Against classical theories that understand attention as a spotlight that brings objects into focus, I will argue that attention is a complex phenomenon structured in different layers. The most basic layer is perceptual, passive and pre-predicative: at this level, attention is creative – and this is the central claim of this paper – because it institutes meanings and rules for our behaviour.

What does everyone in the modern world need to know? Renowned psychologist Jordan B. Peterson's answer to this most difficult of questions uniquely combines the hard-won truths of ancient tradition with the stunning revelations of cutting-edge scientific research. Humorous, surprising and informative, Dr. Peterson tells us why skateboarding boys and girls must be left alone, what terrible fate awaits those who criticize too easily, and why you should always pet a cat when you meet one on the street. What does (...) the nervous system of the lowly lobster have to tell us about standing up straight (with our shoulders back) and about success in life? Why did ancient Egyptians worship the capacity to pay careful attention as the highest of gods? What dreadful paths do people tread when they become resentful, arrogant and vengeful? Dr. Peterson journeys broadly, discussing discipline, freedom, adventure and responsibility, distilling the world's wisdom into 12 practical and profound rules for life. [This book] shatters the modern commonplaces of science, faith and human nature, while transforming and ennobling the mind and spirit of its readers. (shrink)

In his justifiedly famous paper, “Elusive Knowledge” (Australasian Journal of Philosophy, 74:4, 1996), David Lewis presents a contextualist account of knowledge, which, like other contextualist accounts, depicts sceptical claims as involving application of a higher standard of knowledge than is applied in everyday ascriptions of knowledge. On Lewis’ account, the sceptic’s denials and the everyday ascriptions are made in different contexts, which allows them both to be true. His account gives detailed specification of how contexts are to be determined. My (...) paper points out that this view is unattractive to the sceptic, since it makes scepticism, even if true, completely disconnected from and irrelevant to the rest of our cognitive discourse. After arguing that the sceptic’s own ascriptions of knowledge (made outside the philosophy seminar room) can be explained in non-contextualist ways, I expound and criticise Lewis’ analysis of knowledge, taking up in particular a central component of his account, the “Rule of Attention”. In the central part of the paper I argue that the reasons given for the inclusion of the rule are all inadequate, and also that there are positive reasons for rejecting it. The final section of the paper argues that the excision of the Rule of Attention removed would leave Lewis’ account subject to serious counter- examples. (shrink)

This research explores the effect of servant leadership on prosocial rule-breaking (PSRB) and the mediating mechanism of public service motivation (PSM) between the association of servant leadership and PSRB. The said phenomenon is examined in the civil service context of Pakistan during the continuing crises of the COVID-19 pandemic, a situation where the traditional civil service policy and rule system has become highly complicated for passionate employees’ service performance and efficiency, and where servant leadership has received greater (...) class='Hi'>attention for inspiring the attitudinal and behavioral outcomes of frontline workers during the pandemic. Data were collected from 546 frontline workers of the corona relief tiger force. The findings of the study revealed that servant leadership has a significant effect on PSRB and PSM, and that PSM significantly promotes PSRB. The results also revealed that servant leadership has a significant impact on PSRBviaengendering PSM. (shrink)

The present essay addresses the conceptual structure of customary law, understood as a set of customary rules. More specifically, it deals with the core question of what opinio juris entails as a constituent element of customary law. The work will begin with an analysis of samples of common strategies in contemporary legal theory that deal with opinio juris when analyzing the structure of customary law. Subsequently, following Hart’s notion about what constitutes social rules, and introducing explanatory features from Game Theory (...) applied to social philosophy and some insights from Behavioral Economics, the goal of the present study is to propose a different conceptual path for analyzing and identifying customary law with what could be understood as “opinio juris”, given the conceptual necessity of finding the normative element that lies within the usus, or social practices. (shrink)

The majority rule has caught much attention in recent debate about the aggregation of judgments. But its role in finding the truth is limited. A majority of expert judgments is not necessarily authoritative, even if all experts are equally competent, if they make their judgments independently of each other, and if all the judgments are based on the same source of (good) evidence. In this paper I demonstrate this limitation by presenting a simple counterexample and a related general (...) result. I pave the way for this argument by introducing a Bayesian model of evidence and expert judgment in order to give a precise account of the basic problem. (shrink)