Retrospective rule-making has few supporters and many opponents. Defenders of retrospective laws generally do so on the basis that they are a necessary evil in specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ’corrective’ legislation to ’interpretive regulations’ to judicial decision making. The search for a rational justification for retrospective rule-making necessitates a reconsideration (...) of the very nature of the rule of law and the kind of law that can rule, and will provide new insights into the nature of law and the parameters of societal order. This book examines the various ways in which laws may be seen as retrospective and analyses the problems in defining retrospectivity. In his analysis Dr Charles Sampford asserts that the definitive argument against retrospective rule-making is the expectation of individuals that, if their actions today are considered by a future court, the applicable law was discoverable at the time the action was performed. The book goes on to suggest that although the strength of this ’rule of law’ argument should prevail in general, exceptions are sometimes necessary, and that there may even be occasions when analysis of the rule of law may provide the foundation for the application of retrospective laws. (shrink)
Reviewing works by James Alison, Alistair McFadyen, Andrew Sung Park, Ted Peters, and Solomon Schimmel, the author suggests that the status and function of the discourse/doctrine of sin highlight tensions between theology and ethics in ways that suggest the character, limits, and promise of religious ethics. This literature commends attention to sin-talk because it helps religious ethicists to render more adequately the dynamics of human agency, sociality, and culture and because it raises questions about the nature and task of (...) theology, faith, and morality. Yet these volumes also indicate that religious ethics should pay more attention to particular sins. (shrink)
A benchmark question in contemporary food regimes scholarship is how to theorize agriculture’s incorporation into the WTO. For the most part, it has been theorized as an institutional mechanism that facilitates the ushering in of a new, so-called ‘third food regime’, in which food–society relations are governed by the overarching politics of the market. The collapse of the Doha Round negotiations in July 2008 makes it possible, for the first time, to offer a conclusive assessment as to whether this (...) is the case. Using a broadly conceived world-historical framework, this article contends that the WTO is more appropriately theorized as a carryover from the politics of the crisis of the second food regime, rather than representing any putative successor. The Doha Round’s collapse in Geneva in July 2008 should put an end to speculation of a WTO-led transformation of global food politics towards unfettered market rule; the supposed basis for a neo-liberalized ‘third food regime’. Consequently, it is through analysis of the factors that framed the Doha Round’s collapse, rather than in the WTO itself, that provide insights into the defining elements of a new global politics of food. (shrink)
Alison Wylie is one of the few full-time academic philosophers of the social and historical sciences on the planet today. And fortunately for us, she happens to specialise in archaeology! After emerging onto the archaeological theory scene in the mid-1980s with her work on analogy, she has continued to work on philosophical questions raised by archaeological practice. In particular, she explores the status of evidence and ideals of objectivity in contemporary archaeology: how do we think we know about the (...) past? Her other key interests include feminist initiatives in Anglo-American archaeology, and ethical conflicts in current archaeological practice. Kathryn Denning recently asked about her adventures in archaeology and academia and her thoughts on archaeology’s past, present, and future. (shrink)
Aldo Leopold accorded great significance to the images he used to describe both the land and humankind’s relation to it. Focusing on three key images of Leopold’s “ecological imaginary”—the balance, the pyramid, and the round river—this article argues that the most profound of these is the round river. Contrasting this image with James Lovelock’s portrayal of the earth as Gaia, it further argues that Leopold’s round river can be interpreted as a contemporary, ecological reworking of the primordial, (...) Homeric experience of Being, according to which the foundation of the world is a round river, Oceanus. (shrink)
Three classes are introduced which are closely related to the class included in the title. It is proven that the class obtained from by replacing axiom C4 by the commutativity of single substitutions can be considered as the abstract class in the Resek–Thompson theorem, thus it is representable by set algebras. Then the class is defined and it is shown that the necessary and sufficient condition for neat embeddability of an algebra in CAα into is the validity of the merry-go- (...) class='Hi'>round properties. Finally, the class is introduced which class is a counterpart of among the polyadic like algebras. (shrink)
In this wide-ranging interview with three members of the Department of Philosophy at the University of Sao Paolo (Brazil) Wylie explains how she came to work on philosophical issues raised in and by archaeology, describes the contextualist challenges to ‘received view’ models of confirmation and explanation in archaeology that inform her work on the status of evidence and contextual ideals of objectivity, and discusses the role of non-cognitive values in science. She also is pressed to explain what’s feminist about feminist (...) research and in that connection outlines her account of feminist standpoint theory and the relevance of feminist analysis to science. (shrink)
ABSTRACTHead-to-head records are often used in round-robin contests for breaking ties between athletes or teams that are equal on points or wins. In this paper, I argue, on the one hand, that tie-breaking systems of round-robin soccer contests should give more importance to overall goal difference than to head-to-head records. On the other hand, I also argue that even the mere inclusion of head-to-head records in the tie-breaking criteria of a round-robin soccer contest is problematic.
Analects 13.18 continues to be the central focus of a prolonged debate among contemporary scholars in the mainland China. The newest stage of this debate is initiated by Liao Mingchun of Tsinghua University and Liang Tao of Renmin University of China, respectively, and responded to by Guo Qiyong and his students. There are three main issues involved in this new round of debate: whether the Chinese character yin in this passage means nondisclosure, as has been traditionally interpreted, or rectification; (...) what the precise meanings of the Chinese character zhi appearing three times in the passage are; and whether it is legitimate to supplement this passage, in light of the recently unearthed ancient Chinese texts, with something to the effect that sons take responsibility for the wrongdoings committed by their parents. (shrink)
A property modifier is a function that takes a property to a property. For instance, the modifier short takes the property being a Dutchman to the property being a short Dutchman. Assume that being a round peg is a property obtained by means of modification, round being the modifier and being a peg the input property. Then how are we to infer that a round peg is a peg? By means of a rule of right subsectivity. How (...) are we to infer that a round peg is round? By means of a rule of left subsectivity. This paper puts forward two rules of left subsectivity. The rules fill a gap in the prevalent theory of property modification. The paper also explains why the rules are philosophically relevant. (shrink)
As part of the conference commemorating Theoria's 75th anniversary, a round table discussion on philosophy publishing was held in Bergendal, Sollentuna, Sweden, on 1 October 2010. Bengt Hansson was the chair, and the other participants were eight editors-in-chief of philosophy journals: Hans van Ditmarsch (Journal of Philosophical Logic), Pascal Engel (Dialectica), Sven Ove Hansson (Theoria), Vincent Hendricks (Synthese), Søren Holm (Journal of Medical Ethics), Pauline Jacobson (Linguistics and Philosophy), Anthonie Meijers (Philosophical Explorations), Henry S. Richardson (Ethics) and Hans Rott (...) (Erkenntnis). (shrink)
Alison L. LaCroix is Assistant Professor of Law at the University of Chicago Law School, where she specializes in legal history, federalism, constitutional law and questions of jurisdiction. She has written a fine, scholarly volume on the intellectual origins of American federalism. LaCroix holds the JD degree (Yale, 1999) and a Ph.D. in history (Harvard, 2007). According to the author, to fully understand the origins of American federalism, we must look beyond the Constitutional Convention of 1787 and range over (...) the colonial, revolutionary, and founding periods including developments in the early republic. LaCroix questions both the idea that American federalism originated, all at once, at the Constitutional Convention of 1787 and the idea that republican ideology (with its strong emphasis on legislative power) was the single dominant framework of eighteenth-century American political thought. Versions and elements of federalist or con-federative ideas were also long present and in a process of development. (shrink)
In his long scholarly career, Paul Oskar Kristeller produced an extraordinary number of seminal books and articles, one of which was the 1967 monograph Le Thomisme et la pensée italienne de la Renaissance, which presented the evidence for the intellectual vitality of Thomism in the Italian Renaissance. In 2017, on the fiftieth anniversary of Kristeller's book, the collection of articles under review was presented originally as papers at the Chicago meeting of the Renaissance Society of America and brought together for (...) publication in record time by Alison Frazier. The articles pay tribute to Kristeller by offering fresh contributions on Renaissance Thomism. Paul Richard Blum, at the start, and Kent Emery... (shrink)
In the course of my efforts to distinguish and relate the methods and achievements of René Girard and James Alison, I have developed the hypothesis that a particular pair of theological terms might provide a helpful conceptual tool for carrying out this task—fides quae creditur and fides qua creditur. These terms were given their classic formulation within Protestant scholasticism at the beginning of the seventeenth century, where they were used to distinguish between two dimensions of Christian faith: the “object” (...) or “content” of faith , and the kind of activity that faith is or the form that it takes within the subject .My proposal, stated most briefly, is that Alison’s use of Girard’s .. (shrink)
Alison Jaggar, in her treatment of feminist discourse ethics, expresses worries about using “idealized and imaginary communities” as elucidatory tools for discursive ethics. In response, this paper presents the history of 924 Gilman as a case study of a non-imagined and real discursive community. While the example of 924 Gilman, with its overtly feminist agenda and democratic ethos, bolsters Jaggar’s claims about the need for “closed communities” within discourse ethics, it also challenges some of her basic assumptions and raises (...) important pragmatic and theoretical criticisms against discourse ethics. (shrink)
The passage has been an object of scholarly debate: the lack of independent sources on the mathematical construction described by Aristotle, the terseness of the formulation and the resulting syntactical ambiguities make the exact interpretation of the text quite difficult, as already noted by Philoponus. What does it mean that the gnomons are ‘placed round the one and without’ (περὶ τὸ ἓν καὶ χωρίς)? And in what sense is this an indication of the even being ‘cut off, enclosed (ἐναπολαμβανόμενον), (...) and limited (περαινόμενον) by the odd’? The aim of the present paper is to discuss the available interpretations of the passage and to propose a new one. (shrink)
Block has offered a second round of counterarguments to my criticisms of the claim that his theory of evictionism is compatible with libertarianism. In this paper I attempt to demonstrate that my critique still stands. In particular, I focus on analyzing the argumentative weight of such issues mentioned in Block’s latest response as, among others, the distinction between proper ex post punishment and proper ex ante defense, the question of whether my causal analyses of trespass imply a commitment to (...) positive obligations, Rothbard’s distinction between contracts and premises, the supposed irrelevance of the principle of pacta sunt servanda in the context of abortion, and the extent to which custom can qualify the ambit of applicability of the non-aggression principle. (shrink)
The article explores briefly some problems associated with Intellectual Property Rights (IPR) for biotechnological inventions. IPR are inadequate for the protection of new advanced technologies and particularly for biotechnology. The problem is not only legal but mainly economic, for IPR has emerged as the major competitive weapon in the world economy. In this context, the main role of IPR is as a mechanism for the appropriation of new inventions, and as an instrument to deter rivals and control markets. The current (...) debate, including the negotiations of the Uruguay Round, are not so much concerned with the search for legal mechanisms adapted to the characteristics of biotechnologies as they are for the building up of an efficient appropriability mechanism on the international level for biotechnological inventions and with mechanisms for the control of their diffusion. (shrink)
This essay concerns the theories of the sublime proposed by Alexander Gerard, Henry Home (Lord Kames), Archibald Alison, and Dugald Stewart. All four thinkers, I argue, aim to provide a philosophical account of the unity of the concept of the sublime, i.e., to respond to the question: what might all objects, art works, etc. that have been identified as sublime (or “grand”) in the philosophical, literary, art-theoretical, and rhetorical tradition have in common? Yet because they find the objects called (...) “sublime” to be so disparate, and because – contra Burke and Kant, the classical philosophical theorists of the sublime, they cannot identify one single feeling that could define the experience of the sublime, they ultimately endorse (what we would call) a “family-resemblance” view of the sublime: certain objects cause in us certain feelings (and so are classed together); other objects are then (for other reasons, i.e., not because they give us similar feelings) associated with some of the previous objects – and therefore we take these objects, and the feelings they may arouse, as sublime as well. Some – notably Gerard and Allison – take our act of appreciation of the sublime to be itself an act of free imaginative association, connecting the perceived object to other objects, memories, feelings, etc. The importance of association in aesthetic appreciation itself might also suggest that the category of the sublime must be a pluralistic and open one: because we may always find new objects sublime, via new associations. As a result, I suggest, these thinkers – by contrast to many other writers on the sublime – allow that art can be as sublime, or even more sublime, than natural objects and indeed can render natural objects sublime. (shrink)
In this paper I describe the relevance of philosopher Peter Sloterdijk's book Bubbles for social psychology. Bubbles offers the opportunity for the development of what I call a round social psychology. This is in contrast to the flatness characteristic of some of the more influential contemporary varieties of social psychology. Flat social psychology stays close to the ground, and is focused on the coordination of action. Round social psychology describes the atmosphere that surrounds and makes interaction possible in (...) the first place. It requires a theory that links intersubjectivity with spatiality. To describe flat social psychology I analyze the assumptions of three contemporary versions of social psychology: social cognition theory, Goffman's dramaturgy, and Gergen's relational psychology. I then describe in greater detail Sloterdijk's bubble philosophy and the characteristics of round social psychology. (shrink)
This article examines the relationship between the pro-imperial Round Table Society's political vision and the omnipresent historical narrative of commonwealth that characterized the group's major publications during the First World War. It pays particular attention to the way the primary author of these publications, Lionel Curtis, interpolated Alfred Zimmern's 1911 book, The Greek Commonwealth, into this historical narrative in an attempt to reconcile the contradictions inherent in the Round Table's political project. These contradictions centred on the group's desire (...) to democratize imperial politics while excluding non-European subjects from this democracy and their belief in an imperial state that demanded the ultimate loyalty of its citizens but was not 'Prussianist'. Examining the way Curtis used the Athenian polis to address this fraught political puzzle offers us insight into both the ideological power wielded by the Round Table during this transitional era and the power of historical narrative in imperial justification more generally. (shrink)
A synchrony-free, velocity-independent formulation of the Lorentz transformation is derived in a very simple manner with the help of thek-calculus. The dependence of the well-known relativistic effects on the choice of simultaneity metric is put forth, and the significance of the possibility of eliminating these effects is explored. This leads to a simple analysis of the clock paradox, or round-trip clock retardation. The doctrine of the conventionality of simultaneity is brought to bear on the interpretation of this effect. It (...) is argued that such a round-trip effect constitutes a physical realization not only of the conventionality of simultaneity but of that of temporal congruence as well. Some physics perhaps vindicates a little philosophy. (shrink)
Administrators, faculty, and parents have been weighing the pros and cons of year-round schooling for a long time. They cite a variety of reasons for this scheduling change: growing school enrollments, working parents, and shrinking budgets. Hundreds of school districts in the USA and Canada have adopted year-round school schedules and many more are considering the option. This volume provides a comprehensive, research-based explanation of the concept and practice of year-round school scheduling. It reviews a variety of (...) alternative school schedules and contrasts them with the traditional schedules by showing the effects of year-round schooling on the students, staff, and facilities. (shrink)
Simon Blackburn has argued that science finds only dispositional properties. If true, this is surprising: we think of the world as containing categorical properties too. But Blackburn thinks that our difficulties go further than this: that the idea of a world containing just dispositional properties is not simply surprising, but incoherent. The problem is made clear, he argues, when we have a counterfactual analysis of dispositions, and then understand counterfactuals in terms of possible worlds.
Ted Warfield has argued that if Ockhamism and Molinism offer different responses to the problems of foreknowledge and prophecy, it is the Molinist who is in trouble. I show here that this is not so -indeed, things may be quite the reverse.
We offer obeisances to Lord Śiva, guru of knowledge, lord of the dance, who purifies by the very utterance of his name, who transcends all dualities. May he grant us permission to argue with his devotees. May he also give us his blessings to convince them.Properly speaking, comparative philosophy does not lead toward the creation of a synthesis of philosophical traditions. What is being created is not a new theory but a different sort of philosopher. The goal of comparative philosophy (...) is learning a new language, a new way of talking. The comparative philosopher does not so much inhabit both of the standpoints represented by the traditions from which he draws as he comes to inhabit an.. (shrink)
This paper offers a close analysis of the usage of the term circulus to refer to groups of Romans gathered together for various reasons. I identify such groupings as primarily non-elite in character and suggest that examination of their representation in our sources offers insight into popular sociability and communication at Rome. While circuli and the related figure of the circulator are often associated with what is considered to be a debased popular culture, they can also be seen as part (...) of a more general culture of popular sociability which is politically threatening to a Roman governing class that desired to monopolize and control speech and communication and in whose interest it was to channel popular political participation into the official political institutions of the city. This paper also looks at some of the strategies developed by Roman elites to maintain, in response to such unauthorized activity, their moral, intellectual, and political hegemony over the rest of the population. (shrink)
Ted Warfield has argued that if Ockhamism and Molinism offer different responses to the problems of foreknowledge and prophecy, it is the Molinist who is in trouble. I show here that this is not so – indeed, things may be quite the reverse.