In the past generation, restitution law has emerged as a global phenomenon. From its Oxbridge home, restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In contrast, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution, is meager. Similarly, while restitution, equity and tracing cases receive considerable treatment (...) at the highest levels of the English judiciary, US courts seem uninterested in these issues, rarely producing the theory-laden opinions that have become quite common in the House of Lords. The situation is particularly curious because restitution is generally thought to be the invention of late nineteenth-century American scholars. This article explains this divergence. I argue that the Commonwealth restitution discourse is largely a product of pre- or anti-realist legal thought which generates scepticism within the American academic-legal establishment. The article identifies the two dominant camps in American private law thought—left-leaning redistributionalists and the centre-right legal economists—and shows that neither has any use for the Commonwealth's discourse. I conclude by analysing the emerging drafts of the Restatement of Restitution and forecast the future of American restitution law. (shrink)

IntroductionResponsive neurostimulation is an evolving therapeutic option for patients with treatment-refractory epilepsy. Open-loop, continuous stimulation of the anterior thalamic nuclei is the only approved modality, yet chronic stimulation rarely induces complete seizure remission and is associated with neuropsychiatric adverse effects. Accounts of off-label responsive stimulation in thalamic nuclei describe significant improvements in patients who have failed multiple drug regimens, vagal nerve stimulation, and other invasive measures. This systematic review surveys the currently available data supporting the use of responsive thalamic neurostimulation (...) in primary and secondary generalized, treatment-refractory epilepsy.Materials and MethodsA systematic review was performed using the following combination of keywords and controlled vocabulary: OR ) OR [responsive neurostimulation AND thalamus AND ]. In addition, a search of the publications listed under the PubMed “cited by” tab was performed for all publications that passed title/abstract screening in addition to manually searching their reference lists.ResultsTen publications were identified describing a total of 29 subjects with a broad range of epilepsy disorders treated with closed-loop thalamic neurostimulation. The median age of subjects was 31 years old. Of the 29 subjects, 15 were stimulated in the anterior, 11 in the centromedian, and 3 in the pulvinar nuclei. Excluding 5 subjects who were treated for 1 month or less, median time on stimulation was 19 months. Of these subjects, 17/24 experienced greater than or equal to 50%, 11/24 least 75%, and 9/24 at least 90% reduction in seizures. Although a minority of patients did not exhibit significant clinical improvement by follow-up, there was a general trend of increasing treatment efficacy with longer periods on closed-loop thalamic stimulation.ConclusionThe data supporting off-label closed-loop thalamic stimulation for refractory epilepsy is limited to 29 adult and pediatric patients, many of whom experienced significant improvement in seizure duration and frequency. This encouraging progress must be verified in larger studies. (shrink)

Al-Fārābī's lost commentary on Aristotle's Ethica Nicomachea is without doubt one of the most sorely missed lost works of the Islamic falāsifa. In part, this is because the commentary was in some respects a scandal, and scholars accordingly believe it may hold the key to resolving present-day disagreements on how to interpret al-Fārābī's views as expressed in his independent treatises. Perhaps al-Fārābī's most shocking or scandalous statement is that preserved by the Hispano-Muslim philosophers Ibn Bājja, Ibn Ṭufayl, and Ibn Rushd. (...) According to them al-Fārābī says in his commentary on Aristotle's Ethica Nicomachea that happiness is to be achieved only in this life, not in the afterlife; that there is no happiness but political happiness; and that union with the active intellect – generally considered the highest goal of human existence by the philosophers – is impossible. This paper addresses the following questions: What exactly is the debate about? Why is the question of immortality or conjunction related to Aristotle's Ethica Nicomachea? And why was it so controversial to say, in the context of the Ethica Nicomachea, that there is no happiness but political happiness? Although the bulk of al-Fārābī's commentary is still lost, I have discovered two quotations of it in Hebrew manuscripts. As I will argue in this paper, these newly-discovered quotations – which are included with an English translation in the appendix – can shed light on the mysteries concerning al-Fārābī's commentary. Résumé Le commentaire perdu d'al-Fārābī à l’ Ethique à Nicomaque d'Aristote est sans conteste, parmi les ouvrages perdus de philosophes islamiques, l'un de ceux dont on regrette le plus l'absence. Cela s'explique notamment par le caractère à certains égards scandaleux de ce commentaire, dont les spécialistes attendent dès lors qu'il recèle la clé pour résoudre les désaccords actuels quant à l'interprétation à donner aux idées formulées par cet auteur dans ses traités personnels. La thèse peut-être la plus choquante ou scandaleuse d'al-Fārābī est celle qui est préservée par les philosophes hispano-islamiques Ibn Bājja, Ibn Ṭufayl et Ibn Rushd: selon eux, il affirme, dans son commentaire à l’ Ethique à Nicomaque, que le bonheur ne saurait se réaliser qu'en cette vie et non dans l'au-delà, qu'il n'y a pas de bonheur autre que le bonheur politique, et que l'union à l'intellect agent – généralement tenue par les philosophes pour être la fin suprême de l'existence humaine – est impossible. Cet article traite les questions suivantes: quel est exactement l'enjeu de ce débat? Pourquoi les questions de l'immortalité et de la conjonction sont-elles liées à l’ Ethique à Nicomaque? Et en quoi était-il si problématique d'affirmer, en référence à cette œuvre, qu'il n'y a pas de bonheur autre que le bonheur politique? Même si le corps du commentaire d'al-Fārābī est encore perdu, j'en ai découvert deux citations dans des manuscrits hébreux. Comme je le soutiens ici, ces citations récemment découvertes – données dans l'appendice avec leur traduction anglaise – font un peu de lumière sur les mystères du commentaire d'al-Fārābī. (shrink)

La rhetorique n'est pas la discipline qui s'occupe essentiellement des figures de rhetorique: celles-ci ne sont plus qu'un outil parmi d'autres pour persuader et convaincre un auditoire. Dans toute sa generalite, elle constitue une theorie de l'argumentation, qui se sert de raisonnements qu'Aristote qualifiait de dialectiques. En ce sens la rhetorique, qui englobe la dialectique des Anciens, est le pendant de la logique formelle, car c'est l'instrument indispensable de toute pensee qui ne se reduit pas a un calcul. Toute deliberation, (...) toute discussion, toute controverse, toute presentation d'idees nouvelles qui fait appel a la raison, est obligee d'y recourir. La rhetorique est ainsi l'instrument indispensable de toute pensee et de toute philosophie critique. L'etude des techniques d'argumentation, et de leurs presupposes, longtemps negligee par le rationalisme classique, d'inspiration mathematique, est presentee dans ses perspectives historiques et philosophiques. (shrink)

Le travail est consacré á la caractérisation de la théorie ď'argumentation créée par Perelman. Ce philosophe belge veut traitor la philosophie d’une façon ample, trouvant qu'elle doit aussi construire les principes de ľ'activité humaine, íl fáut que ces principes soient raisonnables et mútivés. Selon Perelman la logique contemporaine ne favorise pas сеs aspirations. Souvent elle est reduite à la logique formelle (A, Church, J. Bocheński), laissant en dehorn de ses intéréts ces moyens de raisonnemont qu’on applique a'laboration de la décision. (...) Perelman n'accepte pas ces conceptions, se reférant à Aristote. La théorie d ’argumentation proposée par lui, qu'on appelle rhétorique nouvelle, comprend ces techniques de raisonnement à l'aide desquelles on tend a faire accepter par l'auditoire donné la these présentée. Ces méthodes se trouvent à l'extérieur de la logique formelle et ne concement pas les situations dans les quelles on peut recourir a la vérification empirique. Elles sont langement appliquées dans les discussions philosophiques, morales, politiques et aussi juridiques. (shrink)

Contributions de: Préface de Sava Ganovski - Alfred Cyril Ewing, My philosophical Attitude/Mon attitude philosophique - Marvin Farber, On the Philosopher's Individual Testimony as the Authentic Form of Thought/Connaissance de la pensée par le témoignage personnel - Kurt Huebner, Von der Geschichtlichkeit der empirischen Wissenschaften/ L'historicité des sciences empiriques - Richard McKeon, The Circumstances and Functions of Philosophy/Les conditions d'exercice et les fonctions de la philosophie - John Passmore, The Making of an Australian Philosopher/La réalisation d'un philosophe australien - (...) class='Hi'>Chaim Perelman, Philosophie, rhétorique, lieux communs/Philosophy, Rhetoric, Common Places - Ioannis N. Theodoracopoulos, La philosophie comme témoignage de l'expérience intérieure/Die Philosophie als Zeugnis der inneren Erfahrung. (shrink)

Erratum to: Int J Semiot Law DOI 10.1007/s11196-014-9376-7Dans la publication originale de cet article, l’auteur n’a pas cité le titre correct de la thèse de philosophie de Stefan Goltzberg.A la dernière phrase du premier paragraphe, il ne faut pas lire «il a écrit une thèse de philosophie intitulé Théorie et histoire de la philosophie du droit, philosophie du droit de Chaïm Perelman, de Theodor Viehweg, de Roscoe Pound» mais bien «il a écrit une thèse de philosophie intitulée Théorie bidimensionnelle de (...) l’argumentation. Définition, Présomption, Argument A fortiori». (shrink)

«Existe-t-il une argumentation juridique?», c’est la question à laquelle tente de répondre l’ouvrage de Stefan Goltzberg, intitulé explicitement L’argumentation juridique. Si l’auteur commence son ouvrage en posant directement la question, on en cherche aussitôt, par un réflexe de «juriste», la définition. Et il faut probablement lire l’intégralité de ce petit ouvrage pour voir se profiler une définition de l’argumentation juridique. Or, au cours de cette lecture Stefan Goltzberg nous montre en quoi chercher la définition, la poser, est déjà une marque (...) argumentative (p. 25) et certainement une marque de l’argumentation juridique. Or, Stefan Goltzberg n’est pas juriste de formation. Philosophe et linguiste, il est, notamment membre du Centre Perelman de philosophie du droit au sein duquel il a écrit une thèse de philosophie intitulé Théorie et histoire de la philosophie du droit, philosophie du droit de Chaïm Perelman, de Theodor Viehweg, de Roscoe Pound.Le droit est d’abord un objet d’ .. (shrink)

La 4e de couverture indique : "La pensée de Chaïm Perelman a profondément marqué la théorie du droit du xxe siècle. S'opposant au positivisme juridique, c'est-à-dire aux théories qui réduisent le droit à la loi, l'essentiel de son apport réside dans une théorie de l'argumentation qui rebat les cartes de la logique juridique, en mettant l'accent sur la manière de raisonner, et plus profondément de discuter. La vérité n'est plus chez Perelman une notion centrale. Elle est remplacée par l'idée d'adhésion, (...) qui permet de rendre compte du caractère progressif de l'assentiment. Loin d'une description désincarnée et décontextualisée, Perelman intègre une série de paramètres : qui parle, à qui, où, quand, dans quelle situation. Les arguments ne sont ainsi jamais totalement contraignants : c'est toujours le contexte qui conditionne leur acceptabilité. Un procédé comme la présomption d'innocence peut être compris, non comme une valeur fondamentale, mais comme un simple outil destiné à compenser l'absence de connaissance. Le droit apparaît ainsi comme un art de gérer les controverses. Cette vision s'inscrit dans une « philosophie du raisonnable » où la valeur d'une idée se mesure à sa capacité d'emporter l'accord des participants à la controverse qui naît de son introduction. Le domaine de l'argumentation est « celui du vraisemblable, du plausible, du probable, dans la mesure où ce dernier échappe aux certitudes du calcul". (shrink)

In this book the author examines the stubborn philosophical belief in moral responsibility, surveying the philosophical arguments for it, but focusing on the system that supports these arguments: powerful social and psychological factors that hold the belief in moral responsibility firmly in place.--Publisher's description.

Background Scientific and technological advancements in mapping and understanding the interrelated pathways through which biological and environmental exposures affect disease development create new possibilities for detecting disease risk factors. Early detection of such risk factors may help prevent disease onset or moderate the disease course, thereby decreasing associated disease burden, morbidity, and mortality. However, the ethical implications of screening for disease risk factors are unclear and the current literature provides a fragmented and case-by-case picture. Methods To identify key ethical considerations (...) arising from the early detection of disease risk factors, we performed a systematic scoping review. The Scopus, Embase, and Philosopher’s Index databases were searched for peer-reviewed, academic records, which were included if they were written in English or Dutch and concerned the ethics of (1) early detection of (2) disease risk factors for (3) disease caused by environmental factors or gene-environment interactions. All records were reviewed independently by at least two researchers. Results After screening 2034 titles and abstracts, and 112 full papers, 55 articles were included in the thematic synthesis of the results. We identified eight common ethical themes: (1) Reliability and uncertainty in early detection, (2) autonomy, (3) privacy, (4) beneficence and non-maleficence, (5) downstream burdens on others, (6) responsibility, (7) justice, and (8) medicalization and conceptual disruption. We identified several gaps in the literature, including a relative scarcity of research on ethical considerations associated with environmental preventive health interventions, a dearth of practical suggestions on how to address expressed concerns about overestimating health capacities, and a lack of insights into preventing undue attribution of health responsibility to individuals. Conclusions The ethical concerns arising with the early detection of risk factors are often interrelated and complex. Comprehensive ethical analyses are needed that are better embedded in normative frameworks and also assess and weigh the expected benefits of early risk factor detection. Such research is necessary for developing and implementing responsible and fair preventive health policies. (shrink)

Medical and public health professionals recommend wearing face masks to combat the spread of the coronavirus disease of 2019. While the majority of people in the United States support wearing face masks as an effective tool to combat COVID-19, a smaller percentage declared the recommendation by public health agencies as a government imposition and an infringement on personal liberty. Social media play a significant role in amplifying public health issues, whereby a minority against the imposition can speak loudly, perhaps using (...) tactics of verbal aggression taking the form of toxic language. We investigated the role that toxicity plays in the online discourse around wearing face masks. Overall, we found tweets including anti-mask hashtags were significantly more likely to use toxic language, while tweets with pro-mask hashtags were somewhat less toxic with the exception of #WearADamnMask. We conclude that the tensions between these two positions raise doubt and uncertainty around the issue, which make it difficult for health communicators to break through the clutter in order to combat the infodemic. Public health agencies and other governmental institutions should monitor toxicity trends on social media in order to better ascertain prevailing sentiment toward their recommendations and then apply these data-driven insights to refine and adapt their risk communication messaging toward mask wearing, vaccine uptake, and other interventions. (shrink)

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

The research is devoted to a discussion of social and humanitarian problems associated with tectonic changes in human life against the backdrop of total digitalization. The author's attention is focused on the uniqueness of the modern situation: never before have innovative technologies had the ability to penetrate so rapidly and deeply into the foundation of modern society, have they become so widespread and accessible to almost all peoples and cultures. At the same time, the undeniable public good and the most (...) serious threats to society that digital reality technologies bring with them are in a very close relationship. This is especially true for artificial intelligence systems. Innovations transform the entire world order, bringing radical changes not only to the material sphere of life, but also to the spiritual and moral state of a person. The research notes that the introduction of information and communication technologies into the life of modern society occurs without reliable support on the results of preliminary experimental research, without taking into account a deep professional and responsible assessment of the social and psychological consequences of their impact on the individual and on society as a whole. As a result, at this stage, society is constantly faced with many negative aspects of the impact of high-tech means. The work examines some of them: a decrease in cognitive and analytical abilities, the devaluation of human labor, the criminalization of cyberspace, the spread of Deepfake technology. Particular attention is paid to the problem associated with the possibility of using information technology as a tool of psychological influence. Information and psychological warfare is implemented on the basis of social networks and artificial intelligence technologies, which provides the enemy with the opportunity to achieve superiority without the use of military force. Information and humanitarian actions in cyberspace, carried out by Western countries in order to destabilize our society, destroy its value foundations, reformat the consciousness, worldview and spiritual and moral qualities of citizens, are becoming increasingly large-scale and aggressive. The work notes that digitalization is gaining momentum, plunging society deeper into new circumstances and requiring decisive action aimed at overcoming the many threats specific to the modern high-tech era. (shrink)

Bu makale, Osmanlı siyaset düşünce geleneğinde fazilet temelli kendine has ılımlı bir siyasî realizmin var olduğunu savunmaktadır. Günümüz siyasî realizm literatürü ve Osmanlı fazilet ahlâkına dayalı karşılaş- tırmalı metotla, siyasetin mahiyeti ve insanın doğasına dair realist unsurları teşhis etmeden Osmanlı siyaset düşüncesinde ahlâkî argümanların siyaseti, devlet fikrini ve kurumları nasıl inşa ettiğini anlayamayacağı- mızı iddia ediyorum. Osmanlı fazilet ahlâkı geleneğinde ahlâkın her şeyi kapsadığına dair kanının aksine siyasetin mahiyeti itibariyle tekil, değişken, ahlâktan bir ölçüde bağımsız bir gerçeklik olarak anlaşıldığını gösteriyorum. (...) Bununla bağlantılı olarak Osmanlı siyaset düşünce geleneğinde fazilet ahlâkından gelen in- sanın acziyeti anlayışının, siyasî aktörleri ve eylemleri değerlendirmede onu realist yapan unsur olduğunu ifade ediyorum. Son olarak ahlâkın kapsamı ve siyasetin mahiyetini (gerek birbirleriyle olan ilişkileri açı- sından gerekse de birbirlerinden bağımsız olarak varlıklarını) açıklamada tümeller probleminin nasıl bir rol oynadığına işaret ediyorum. Tümeller probleminin siyaset ve ahlâk arasındaki karmaşık ilişkiye dair getirdiği analitik ayrımları ılımlı siyasî realizmin kaynağı olarak sunuyorum. (shrink)

Three different notions of concepts are outlined: one derives from Leibniz, while the other two derive from Frege. The Leibnizian notion is the subject of his "calculus of concepts" (which is really an algebra). One notion of concept from Frege is what we would call a "property", so that when Frege says "x falls under the concept F", we would say "x instantiates F" or "x exemplifies F". The other notion of concept from Frege is that of the notion of (...) sense, which played various roles within Frege's theory. This notion of concept can be generalized and, as such, accounts for our intuitive talk of "x's concept of ...", where the ellipsis can be filled in with a name for individual, a property, or a relation, etc. After outlining these three notions, I then discuss how (axiomatic) object theory offers a distinct, precise regimentation of each of the three notions. (shrink)

Hastings Center Report, Volume 52, Issue 5, Page 32-42, September–October 2022.

The author proposes to consider the activities of the Vienna Circle from two different perspectives. One approach reveals the intellectual efforts of the Vienna logicians to bring the order of thought in line with the social and political „Ordnung“ in Austria in the 1930s. It also brings to light the clash between the “exact thinking” and M. Heidegger’s „Das Nichts“, as well as the “new order”, whose adherents sought support not in logic, but in the collective unconscious. The other perspective (...) allows one to highlight the problem of ethics and a system of values, as shaped and solved differently by the language of logic, and by the great Austrian writers of the time. (shrink)

El presente artículo presenta las grandes líneas de la hermenéutica agustiniana de Is 10,23 LXX en sermones ad populum de Agustín de Hipona. En su predicación aparece este locus exegético de la Patrística que se remonta a autores como Ireneo de Lyon y Orígenes de Alejandría. Brevemente veremos cómo aparece la mención y exégesis del texto de Isaías a lo largo de la producción agustiniana, para luego detenernos en la utilización del texto por parte de Agustín en contexto homilético. Nociones (...) de retórica clásica y elementos teológicos mostrarán la finalidad y la riqueza de la ratio interpretandi agustiniana. (shrink)

Alzheimer’s Disease (AD) provides an excellent case study to investigate emerging conceptions of health, disease, pre-disease, and risk. Two scientific working groups have recently reconceptualized AD and created a new category of asymptomatic biomarker positive persons, who are either said to have preclinical AD, or to be at risk for AD. This article examines how prominent theories of health and disease would classify this condition: healthy or diseased? Next, the notion of being “at risk”—a state somewhere in-between health and disease—is (...) considered from various angles. It is concluded that medical-scientific developments urge us to let go of dichotomous ways of understanding disease, that the notion of “risk,” conceptualized as an increased chance of getting a symptomatic disease, might be a useful addition to our conceptual framework, and that we should pay more attention to the practical usefulness and implications of the ways in which we draw lines and define concepts. (shrink)

The introduction of normothermic regional perfusion (NRP) in controlled donation after circulatory determination of death (cDCDD) protocols is by some regarded as controversial and ethically troublesome. One of the main concerns that opponents have about introducing NRP in cDCDD protocols is that reestablishing circulation will negate the determination of death by circulatory criteria, potentially resuscitating the donor. In this article, I argue that this is not the case. If we take a closer look at the concept of death underlying the (...) circulatory criterion for determination of death, we find that the purpose of the criterion is to show whether the organism as a whole has died. I argue that this purpose is fulfilled by the circulatory criterion in cDCDD protocols, and that applying NRP does not negate the determination of death or resuscitate the donor. (shrink)

I argue that lying in business negotiations is pro tanto wrong and no less wrong than lying in other contexts. First, I assert that lying in general is pro tanto wrong. Then, I examine and refute five arguments to the effect that lying in a business context is less wrong than lying in other contexts. The common thought behind these arguments—based on consent, self-defence, the “greater good,” fiduciary duty, and practicality—is that the particular circumstances which are characteristic of business negotiations (...) are such that the wrongness of lying is either mitigated or eliminated completely. I argue that all these “special exemption” arguments fail. I conclude that, in the absence of a credible argument to the contrary, the same moral constraints must apply to lying in business negotiations as apply to lying in other contexts. Furthermore, I show that for the negotiator, there are real practical benefits from not lying. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

First Professor of Logic and Metaphysics at Main Pedagogical Institute and then also St. Petersburg University, Carpatho-Rusyn P. D. Lodij spent a quarter of a century teaching philosophy and law in the Russian Empire in the first third of the 19th century. His knowledge of Kant’s philosophy and his attitude to Kant’s criticism are estimated diametrically opposed in the research literature. An analysis of his main philosophical work, “Logical Precepts which Lead to Cognition and the Distinction of the True from (...) the False” (1815), convincingly proves that Lodij was an excellent scholar of Kant’s philosophy. In Russia, he was the first thinker who spoke about the differences between the first and second editions of the “Critique of Pure Reason”. Lodij also was the first who noted both the revolutionary role of Kant’s Copernican turn, and the importance of Humeʼs causality problem for the formation of critical philosophy. In Russia, Lodij was the first who proposed a detailed description of Kant’s transcendental idealism. At the same time, Lodij’s general attitude to Kant was rather skeptical. In his own logic, he does not follow Kant’s division of logic into pure and applied, but he returns to pre-Kant’s split into theoretical and practical logics. Lodij disputes with the basic conclusions about the space derived from the transcendental aesthetic, denies synthetic judgments a priori and the rooting of the cognizing reason in illusions. Despite his unequivocal claims regarding Kant’s philosophy, “Logical Precepts” and its author were persecuted during the so-called “professorsʼ affair” of the 1820s. As a result, Lodij was suspended from teaching philosophy, and his logic textbook was withdrawn from teaching for both “disgrace” and imaginary Kantianism. (shrink)

Compendium of the Advaita school in Hindu philosophy.

This note examines the significance of Gylippus at Aen. 12.271–83 and argues that Virgil's narrative is an epitaphic gesture alluding to Nicander of Colophon, Anth. Pal. 7.435 and other epigrams from Anth. Pal. 7. Virgil's bilingual reader would participate in the Hellenistic Ergänzungsspiel and supplement further meaning to this otherwise generic scene.

The relevance of the problem under study is due to the need to improve the practical skills and competencies of students in the course of training in order to prepare them for competition with other job seekers in employment. In this regard, this article is aimed at identifying the expediency of students’ participation in competitive selections and grants as a factor that creates conditions for effective practice-oriented learning. The leading method for the study of this problem is a pedagogical experiment, (...) which allows us to comprehensively consider the relationship between students’ participation in competitions and their further self-realization and development as young professionals. The article presents the results of monitoring the behavior of students who received an offer to participate in the university-wide competitive selection of student projects, implemented as part of the Program for Supporting Applied Research and Development of Students and Postgraduates of Petrozavodsk State University. The materials of the article can be useful for teaching staff in building a scheme for teaching students and services involved in the recruitment of personnel for large and medium-sized companies that require young professionals to have practical work skills, teamwork skills and creativity. (shrink)

Many have interpreted symbolic material culture in the deep past as evidencing the origins sophisticated, modern cognition. Scholars from across the behavioural and cognitive sciences, including linguists, psychologists, philosophers, neuroscientists, primatologists, archaeologists and paleoanthropologists have used such artefacts to assess the capacities of extinct human species, and to set benchmarks, milestones or otherwise chart the course of human cognitive evolution. To better calibrate our expectations, the present paper instead explores the material culture of three contemporary African forager groups. Results show (...) that, while these groups are unequivocally behaviourally modern, they would leave scant long-lasting evidence of symbolic behaviour. Artefact-sets are typically small, perhaps as consequence of residential mobility. When excluding traded materials, few artefacts have components with moderate-strong taphonomic signatures. Present analyses show that artefact function influences preservation probability, such that utilitarian tools for the processing of materials and the preparation of food are disproportionately likely to contain archaeologically traceable components. There are substantial differences in material-use between populations, which create important population-level variation preservation probability independent of cognitive differences. I discuss the factors — cultural, ecological and practical — that influence material choice. In so doing, I highlight the difficulties of using past material culture as an evolutionary or cognitive yardstick. (shrink)

The definitions of disease proffered by philosophers and medical actors typically require that a state of ill health be linked to some known bodily dysfunction before it is classified as a disease. I argue that such definitions of disease are not fully implementable in current medical discourse and practice. Adhering to the definitions would require that medical actors keep close track of the current state of knowledge on the causes and mechanisms of particular illnesses. Yet, unaddressed problems in medical terminology (...) can make this difficult to do. I show that unrecognized misuse of “heterogeneous,” “biomarker,” and other important health terms—which I call index terms—can misrepresent the current empirical evidence on illness pathophysiology, such that unvalidated illness constructs become mistaken for diseases. Thus, implementing common definitions of disease would require closing this “loophole” in medical discourse. I offer a simple rule that, if followed, could help do just that. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:WisCon 46Laurie Fuller, Jenna N. Hanchey, and E. OrnelasExistence as Resistance, WisCon 46, May 26–29, 2023, Madison, Wisconsin, United StatesIn a world that seems structured to kill most of its occupants, there is a utopian impulse in the act of existence itself. WisCon 46 represented a prefigurative utopian impulse through centering continued marginalized existence as resistance.1 Leah Lakshmi Piepzna-Samarasinha calls “prefigurative politics” the “fancy term for the idea (...) of imagining and building the world we want to see now,” particularly in terms of access needs.2 The structure as well as the content of the convention itself created a space in which to set the groundwork for utopia: the ways that we live and act to resist structures of oppression in order to prefigure a better world.Since WisCon’s founding in 1977, its intended audience has been fans, authors, and academics interested in the intersection between feminism and “science fiction, fantasy, and speculative literature of all sorts.”3 While neither feminism nor speculative fiction could be solely defined as utopian, both do explore utopian impulses that inspire change for the better. Therein lies the hope of Alessa Johns’s proposal that “the utopian imagination has been crucial for feminists.”4 Lisa Yaszek agrees: “for nearly 200 years writers have used speculative fiction consciously and collectively to dramatize the political issues most central to women living in a technocultural world and to create a sense of wonder about the interrelated possibilities of social and scientific change.”5 Envisioning a liberatory world is a feminist imperative, and speculative fiction offers a unique venue to do so. This imperative informed WisCon this year, as participants collectively worked to imagine and enact a better future for marginalized folks, in and beyond the space of the conference. [End Page 618]Enabling Existence through Con StructuresWisCon is unique in attuning its organizational structure to the creation of liberatory futures in the here and now. WisCon is strongly attentive to disability access of all kinds, COVID safety, antiracist/anti-oppression principles, and safety and anti-abuse support for all these areas. In the contemporary US context—where COVID-19 remains a major barrier to disabled people wishing to participate in conventions, where racist violence continues to threaten BIPOC (Black, Indigenous, and People of Color) life, where queer and trans folks are under exacerbated legal attacks—creating a convention space that protects and enables marginalized participation becomes a means of prefiguring utopian potential through embodied praxis. As mask, capacity, and vaccination mandates disappear (despite these ongoing pandemic times), and as bigotry of all forms continues relatively unabated, WisCon 46 remains steadfast in its commitment to safety. In short, the conference itself aims to become a utopian space.WisCon organizers are also keenly aware of the challenges that many different bodyminds might encounter in large group settings.6 Trained monitors oversee in-person and online programming in an effort to discourage harmful words and actions as well as ensure the fullest participation for those most impacted. Hence, disability justice lies at the center of the Con’s policies and practices. The event is made as accessible as possible through careful attention to venue selection, including the availability of gender-neutral bathrooms, scent-free spaces, and quiet rooms, as well as the use of color communication badges.This year’s event followed strict masking and testing protocols: individually packaged rapid COVID-19 tests were available without cost at registration, as were KN95 masks. The Con kept an anonymized record of self-reported positive COVID-19 tests, in case of possible exposure. This mutual responsibility reflects the kind of utopianism inherent to disability politics; that is, disability “allows for reformulation of in/dependence and community,” a way of rethinking how we share space and produce knowledge together.7The conference’s decidedly feminist approach “to creating a space for feminism and its consideration within the science fiction community” is applied at every level. The Con’s general organization and procedures are structured as nonhierarchically as possible. There is a board of directors as well as co-chairs, but these are rotating positions. This “commitment to feminism” is [End Page 619] reflected... (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

The legacy of apartheid spatial planning can still be seen in the dynamics of spaces in South Africa today. The elite (according to research is racialised and mostly white people) lives in well-located city areas, close to economic activity and rule social life that defines cities as stated in 2016 by the Socio Economic Rights Institute of South Africa (SERI). Alternatively, mostly black South Africans are confined to urban margins in densified and poorly serviced areas, with low rates of home (...) ownership. The effects of these policies extend beyond the urban nature, as spaces on the margin by design tend to have fewer opportunities for education compared to urban areas, and there are spatial limits to black business ownership. This article seeks to discuss a case study on a church’s use of space during coronavirus disease 2019 (COVID-19), to show an inclusionary spatial dynamic that may be used in South African spaces. Firstly, it presents an overview of the unequal spatial dynamics in South Africa, particularly Cape Town, and dynamics during COVID-19. Secondly, it provides a historical overview of the Church of the Nazarene and its foundational beliefs. Moreover, it discusses a case study of renewed spatial dynamic in church using the Church of the Nazarene in Khayelitsha. Furthermore, the case study will be used to show the innovative way they reached their community during this time. The final part will discuss how this inclusive spatial dynamic reveals an innovative dynamic in the concept of the missional church, one that goes beyond the going out contextually, but allowing the outside in as well. Contribution: This article discusses the new spatial dynamic of the missional church which inspires inclusivity. The article uses literature around space, COVID-19, mission studies and church history. Furthermore, a semi-structured interview with a church leader at the Church of the Nazarene in Khayelitsha is used for a contextual case study. (shrink)

The article examines the concept of “cultural trauma”, which appeared at the beginning of the 21st century as part of the process of searching for identity. The concept is defined as an evaluative metaphor. There are periods in the history of Russia that can be considered from the point of view of using this concept. It is shown how the historical and ideological disputes of the late twentieth century acquired the character of religious contradictions. A hypothesis is put forward as (...) a result of what events the concepts of normal political science vocabulary lost their original meaning and turned into ideological templates. (shrink)

The article analyzes the implementation of an online educational module and its impact on the organization of the classroom’s interaction order. The latter is institutionally constrained by the presence of a goal and the distribution of roles between teacher and students. The introduction of a digital learning platform adds a technological context to the institutional setting. The article considers technologies as possessing communicative affordances — opportunities for action made possible or delimited through their use. Technologies bring new interactive resources to (...) the process of ed­ucation and can affect the organization of the classroom’s interaction order. Using multimodal conversation analysis, we analyzed video recordings of the telemediated interaction of Russia-based students and teachers within a gamified online educational module. We investigate a case in which a student’s correct answer is nevertheless corrected by the teacher. We dem­onstrate that the teacher initiates the correction because they are guided by the ordering of the game elements within the interface. Based on a detailed analysis of the teacher’s mouse movement in relation to ongoing turns-at-talk, we show that this orientation is sustained by all participants. The work contributes to classroom interaction studies and affordance theory and develops the methodology of multimodal transcription for mediated contexts. The primary result of the study is an empirical demonstration that the relevance of technological affordances for interactants is situation­ally produced, and that this process is associated with the interweaving of the institutional and technical context of interaction. The conclusion discusses the relationship between affordances and institutional norms. (shrink)

This very short introduction will first outline how ontological investigations and questions of practice go together. The second section will bring in the next pole of this entire book, history of mathematics. How do ontology, practice, and history go together? Is this a forced marriage or one born in true love? That is, do these three belong together in some very basic way? One chapter in the section argues that the philosophy of mathematical practice intersects with the history of mathematics (...) essentially. If the first section of this introduction is persuasive that will also show that the history of mathematics intersects with ontological questions as well, specifically, that historical questions are very much about the ontological commitments of past mathematicians. The last section will take up what might seem a very different theme, namely, how these things matter to mathematics education. This section is connected closely to the second section since mathematics education has taken an interest in the role of history of mathematics in mathematics education, and much insight can be gained by seeing the issues in relation to the ontology-practice-history triad. The question of education is also important since teachers must consider what it is exactly that they are teaching, or, to adapt the title of Reuben Hersh’s well-known book, “What is mathematics really about?” And the “aboutness” of mathematics is really the ontological question. (shrink)

Для юристов-практиков и разработчиков законов, студентов, аспирантов и преподавателей юридических вузов и факультетов.

One intricate and perhaps, divisive task in philosophy is that of gauging growth in societies. The complexity stems from the reality that everyone seems to possess a template for growth, and so people are wont to use different yardsticks for its measurement. For the technically inclined, the index is science; in civil circles, the measure is perhaps, that of political evolution; and in religious spheres, it is increase in membership/physical structures. Ironically, all the advances arising thereof have been marred and (...) sometimes eclipsed by torrid upheavals: violent overthrow of governments and wars; financial meltdowns; scourge of pandemics; prospects of nuclear combat; religious bigotry; chaotic climate, etc., that make life precarious. Human civilization is on the brink of self-destruct. “Ethics in Business” reimagines the interconnectivity of all spheres of human life, and proposes that the opportunity to redeem our broken world is tied to reengineering the values of trust and loyalty. (shrink)