The constitutional freedom of the individual is a specific legal permission to perform certain act-types by virtue of the constitution. Legal and constitutional permissions are either negative permissions, consisting of the lack of obligation or prohibition to perform a conduct, or positive permissions rendering the performance of certain acts possible. Further, a distinction is proposed between legal systems containing their constitution and those not containing their constitution. In the former, constitutional freedom is the freedom to perform any conduct, i.e. any (...) conduct neither obligatory nor prohibited by the law. In legal systems containing their constitution constitutional freedom includes all the act-types obligatorily permitted in the constitution as denominated freedom-rights. The final section contends that the “general right to freedom” is but a special case of the constitutional principle of equality. (shrink)

This essay provides a critical discussion of Philip Pettit’s book A Theory of Freedom: From the Psychology to the Politics of Agency (Oxford: Oxford University Press, 2001). It evaluates the general prospeets of a ‘global theory of freedom’ of the kind advocated by Pettit, i.e. one that seeks explicitly to link a metaphysical theory of free agency to a distinct conception of political liberty. Pettit’s in many ways innovative views concerning ongoing debates in metaphysics and political theory (e.g. compatibilism, republicanism, (...) etc.) are also examined in detail. While recognising the legitimacy and originality of this intellectual endeavour, the paper concludes that, however full of important insights, Pettit’s account fails to realise the desired “reflective equilibrium” between a theory of free agency and that of political liberty. (shrink)

Chomsky’s principle of epistemological tolerance says that in theoretical linguistics contradictions between the data and the hypotheses may be temporarily tolerated in order to protect the explanatory power of the theory. The paper raises the following problem: What kinds of contradictions may be tolerated between the data and the hypotheses in theoretical linguistics? First a model of paraconsistent logic is introduced which differentiates between week and strong contradiction. As a second step, a case study is carried out which exemplifies that (...) the principle of epistemological tolerance may be interpreted as the tolerance of week contradiction. The third step of the argumentation focuses on another case study which exemplifies that the principle of epistemological tolerance must not be interpreted as the tolerance of strong contradiction. The reason for the latter insight is the unreliability and the uncertainty of introspective data. From this finding the author draws the conclusion that it is the integration of different data types that may lead to the improvement of current theoretical linguistics and that the integration of different data types requires a novel methodology which, for the time being, is not available. (shrink)

IntroductionIt is clear that forgiveness is closely related to emotions. Bishop Butler’s “forswearing of resentment” is still the definition most philosophical works on the subject take as their point of departure. Some others disagree but usually only insofar as they focus on another reactive emotion – e.g., moral hatred, disappointment, anger – which we overcome when we forgive.More specifically, according to Roberts the emotion we overcome in forgiveness is anger, see Robert C. Roberts, “Forgivingness,” American Philosophical Quarterly 32 (1995): 289–306. (...) According to Richards, forgiveness involves overcoming a whole range of negative emotions including sadness, disappointment, frustration as well as resentment; see Norvin Richards, “Forgiveness,” Ethics 99 (1988): 77–97. According to Sher, forgiveness involves overcoming blame; see George Sher, In Praise of Blame (Oxford: Oxford University Press, 2006).There is something striking about the negativity of this approach. Forgiveness i. (shrink)

People seem to differ in their visual search performance involving emotionally expressive faces when these expressions are seen on faces of others close to their age compared to faces of non-peers, known as the own-age bias. This study sought to compare search advantages in angry and happy faces detected on faces of adults and children on a pool of children and adults. The goals of this study were to examine the developmental trajectory of expression recognition and examine the development of (...) an OAB. Participants were asked to find a target face displaying an emotional expression among eight neutral faces. Results showed that children and adults found happy faces significantly faster than angry and fearful faces regardless of it being present on the faces of peers or non-peers. Adults responded faster to the faces of peers regardless of the expression. Furthermore, while children detected angry faces significantly faster compared to fearful ones, we found no such difference in adults. In contrast, adults detected all expressions significantly faster when they appeared on the faces of other adults compared to the faces of children. In sum, we found evidence for development in detecting facial expressions and also an age-dependent increase in OAB. We suggest that the happy face could have an advantage in visual processing due to its importance in social situations and its overall higher frequency compared to other emotional expressions. Although we only found some evidence on the OAB, using peer or non-peer faces should be a theoretical consideration of future research because the same emotion displayed on non-peers’ compared to peers’ faces may have different implications and meanings to the perceiver. (shrink)

Sentimentalists believe that values are crucially dependent on emotions. Epistemic sentimentalists subscribe to what I call the final-court-of-appeal view: emotional experience is ultimately necessary and can be sufficient for the justification of evaluative beliefs. This paper rejects this view defending a moderate version of rationalism that steers clear of the excesses of both “Stoic” rationalism and epistemic sentimentalism. We should grant that emotions play a significant epistemic role in justifying evaluations. At the same time, evaluative justification is not uniquely or (...) especially dependent on emotions. The anti-sentimentalist argument developed in this paper is based on the indeterminacy thesis. The thesis states that the evaluative properties picked out by our emotional responses are too indeterminate to play a central role in our evaluative practices. I argue that while the indeterminacy thesis undermines the final-court-of-appeal view it supports the claim that emotional responses can provide prima facie justification for evaluative beliefs. (shrink)

The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional (...) commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

Neanderthal extinction is a matter of intense debate. It has been suggested that demography (as opposed to environment or competition) could alone provide a sufficient explanation for the phenomenon. We argue that demography cannot be a ‘stand-alone’ or ‘alternative’ explanation of token extinctions as demographic features are entangled with competitive and environmental factors, and further because demography should not be conflated with neutrality.

This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

Bioeconomy solutions potentially reduce the utilization demand of natural resources, and therefore, represent steps towards circular economy, but are not per se equivalent to sustainability. Thus, production may remain to be achieved against losses in natural resources or at other environmental costs, and materials produced by bioeconomy are not necessarily biodegradable. As a consequence, the assumption that emerging bioeconomy by itself provides an environmentally sustainable economy is not justified, as technologies do not necessarily become sustainable merely through their conversion to (...) using renewable resources for their production. A source of the above assumption is that the utility of bioeconomy is mostly assessed in interaction between technology developers and economists, resulting in biased assessment with private commercial technology benefits being included, but environmental costs, especially longer term ones, not being sufficiently considered in the economic models. A possible solution to this conceptual contradiction may come from bioethics, as a strong concept in environmental ethics is that no technological intervention can be imposed on nature beyond its receptive capacity. To achieve a better balanced analysis of bioeconomy, environmental and ecological, as well as non-economic social aspects, need to be included in the overall assessment. (shrink)

“I also talked to Buber yesterday; as a person he is lively and simple and remarkable, and seems to have nothing to do with the lukewarm things he has written” – wrote Franz Kafka to his fiancée Felice Bauer in the early 1913. What is the meaning of this harsh, yet respectful portraiture of Buber? Was it a casual ironic remark – or was it rather the way Kafka really thought of Martin Buber? And to what extent was Kafka important (...) for Buber? How can we understand the collaboration between the writer and philosopher? Close reading, contextualization and Begegnungsereignis. (shrink)

This essay discusses a less known period of Karl Mannheim's life, namely the period he spent in Hungary. I attempt to point out that the career of the young Mannheim, starting from a philosophical interest and continuing with a sociological one, is continuous. His first published works and letters prove that in the period preceding his emigration to Germany in 1919 he was concerned with questions that received their mature form in his sociology of knowledge. They include primarily the question (...) of culture, that of perspective-boundedness (relativity) of cognition, interpretation and the problem of intellectuals. Despite changing disciplines from philosophy to sociology, the continuity of his oeuvre can be shown. (shrink)

The thirty year long friendship between Imre Lakatos and the classic scholar and historian of mathematics Árpád Szabó had a considerable influence on the ideas, scholarly career and personal life of both scholars. After recalling some relevant facts from their lives, this paper will investigate Szabó's works about the history of pre-Euclidean mathematics and its philosophy. We can find many similarities with Lakatos' philosophy of mathematics and science, both in the self-interpretation of early axiomatic Greek mathematics as Szabó reconstructs it, (...) and in the general overview Szabó provides us about the turn from the intuitive methods of Greek mathematicians to the strict axiomatic method of Euclid's Elements. As a conclusion, I will argue that the correct explanation of these similarities is that in their main works they developed ideas they had in common from the period of intimate intellectual contact in Hungarian academic life in the mid-twentieth century. In closing, I will recall some relevant features of this background that deserve further research. (shrink)

Individualists hold that moral responsibility can be ascribed to single human beings only. An important collectivist objection is that individualism is morally deficient because it leaves a normative residue. Without attributing responsibility to collectives there remains a “deficit in the accounting books” (Pettit). This collectivist strategy often uses judgment aggregation paradoxes to show that the collective can be responsible when no individual is. I argue that we do not need collectivism to handle such cases because the individualist analysis leaves no (...) responsibility-deficit. Harm suffered in such situations can have only two sources. Harm is either due to culpable wrongdoing by individuals. Harm is then redressed by holding these individuals responsible. Or harm does not result from culpable wrongdoing. Such harm may have to be redressed too, but not because anyone is responsible for it. Therefore, the charge of moral insensitivity against individualist accounts can be rejected. Furthermore, in the last section of the chapter I will show that collectivist talk about moral responsibility can be used for ethically questionable purposes as well. Collectivists cannot claim the moral high ground. (shrink)

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. (...) Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond. (shrink)

Many believe that values are crucially dependent on emotions. This paper focuses on epistemic aspects of the putative link between emotions and value by asking two related questions. First, how exactly are emotions supposed to latch onto or track values? And second, how well suited are emotions to detecting or learning about values? To answer the first question, the paper develops the heuristics-model of emotions. This approach models emotions as sui generis heuristics of value. The empirical plausibility of the heuristics-model (...) is demonstrated using evidence from experimental psychology, evolutionary anthropology and neuroscience. The model is used then to answer the second question. If emotions are indeed heuristics of value, then it follows that emotions can be an important and useful source of information about value. However, emotions will not be epistemically superior in the sense of being the highest court of appeal for the justification of axiological beliefs (the latter view is referred to as the Epistemic Dependence Thesis, or EDT for short). The paper applies the heuristics-model to celebrated cases from the philosophy of emotions literature arguing that while the heuristics-model offers a good explanation of typical patterns of emotional reactions in such cases, advocates of EDT will have a hard time accounting for these patterns. The paper also shows that the conclusions drawn from special cases generalize. The paper ends by arguing that skepticism about the metaethical significance of emotions is compatible with a commitment to the importance of emotions in first-order normative ethics. (shrink)

Three distinct turning points (“bottleneck breakings”) in universal evolution are discussed at some length in terms of “self-reference” and (corresponding) “Reality Principles.” The first (origin and evolution of animate Nature) and second (human consciousness) are shown to necessarily precede a third one, that of Marxist philosophy. It is pointed out that while the previous two could occupy a natural (so in a sense neutral) place as parts of human science, the self-reference of Marxism, as a _social_ human phenomenon, through its (...) direct bearings on the _practice_ of society, did have a stormy history. I conclude that the fall of Bolshevism was unavoidable, and still, we might uphold our hope for a truly free society of humankind, just on the very basis of what we have learned of the fate of Marxist philosophy as such, as a _recursively evolving_ social _practice_: the freedom of humankind of its own ideological burdens (constraints). (shrink)

The article analyzes ethnic data collection pertaining to criminal justice in Hungary. With such a sensitive and delicate issue at hand, Hungary has decided on an evasive approach, resisting ethnic data collection by law enforcement authorities. The author argues that this approach has become one of the obstacles in fighting discrimination and ethnic profiling. Moreover, Hungary’s restrictive approach to ethno-national data classification also causes severe constitutional problems in other, noncriminal legal circumstances, where ethnic data is used in the context of (...) additional rights and affirmative protection provided for ethno-national minorities. The first part of the article describes general problems relating to ethnic data collection and analyses of the Hungarian minority protection framework, in particular, the minority self-government structure (a unique constitutional institution). The second part focuses on the criminal justice system; the author’s aim is to show that prohibiting the official recognition and collection of data on ethnicity by criminal justice authorities has potentially ethnically discriminatory consequences. (shrink)

The study aimed to identify the psychological changes that result from the amputation of a limb and the ways in which patients coordinate their daily lives. The study uses an interpretative phenomenological analysis aimed at understanding individual experiences in seven patients who have suffered limb amputation. The method used consisted of individual, semi-structured interviews, conducted approximately 4 months after surgery, to patients at home or in hospital, at the time of their regular checkup. The interviews were audio recorded, transcribed and, (...) following the qualitative analysis performed, six common themes were identified: emotional impact, negative affects, tendency toward isolation, role constraints and limitations, phantom limb, and emotional balancing. A specific theme for patients who have suffered amputations is phantom limb pain, which has received special attention from researchers. The last topic relates to the tendency toward emotional balancing and psychological calibration to return to normal life. (shrink)