This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

In the ongoing research of the functions of consciousness, special emphasis has been put on integration of information: the ability to combine different signals into a coherent, unified one. Several theories of consciousness hold that this ability depends on – or at least goes hand in hand with – conscious processing. Yet some empirical findings have suggested otherwise, claiming that integration of information could take place even without awareness. Trying to reconcile this apparent contradiction, the “windows of integration” hypothesis claims (...) that conscious access enables signal processing over large integration windows. The hypothesis applies to integration windows defined either temporally, spatially, or semantically. In this review, we explain the hypothesis and re-examine it in light of new studies published since it was suggested. In line with the hypothesis, these studies provide compelling evidence for unconscious integration, but also demonstrate its limits with respect to time, space, and semantic distance. The review further highlights open questions that still need to be pursued to demonstrate the applicability of the WOI hypothesis as a guiding principle for understanding the depth and scope of unconscious processes. (shrink)

Modeling metastasis in animal systems has been an important focus for developing cancer therapeutics. Xenopus laevis is a well‐established model, known for its use in identifying genetic mechanisms underlying diseases and disorders in humans. Prior literature has suggested that the drug, ivermectin, can be used in Xenopus to induce melanocytes to convert into a metastatic melanoma‐like state, and thus could be ideal for testing possible melanoma therapies in vivo. However, there are notable inconsistencies between ivermectin studies in Xenopus and the (...) application of ivermectin in mammalian systems, that are relevant to cancer and melanoma research. In this review, we examine the ivermectin‐induced phenotypes in Xenopus, and we explore the current uses of ivermectin in human research. We conclude that while ivermectin may be a useful drug for many biomedical purposes, it is not ideal to induce a metastatic melanocyte phenotype in Xenopus for testing the effects of potential melanoma therapeutics. (shrink)

İslam düşünce ekolleri olan mezheplerin tarihsel serüvenleri çok yönlü bir güzergâha sahiptir. Mezheplerin tarihsel gelişimlerini etkileyen farklı unsurlar bulunmaktadır. Bu bağlamda mezhep-siyaset ilişkisi bilindik bir öncül olarak öne çıkmaktadır. Bu araştırma, Büyük Selçukluların yıkılış sürecinden Moğol İstilasına kadarki sürede Eş‛arîliğin tarihsel gelişimini irdelemektedir. Bilindiği üzere Büyük Selçukluların kuruluş döneminde Horasan’dan uzaklaştırılan Eş‛arîler, yükselme devriyle tekrar bölgeye çağırıldılar. Sünnîliği merkeze alan siyasetin neticesinde Eş‛arîlik ön plana çıktı. Dolayısıyla Büyük Selçuklular ve Nizâmiye medreselerini merkeze alarak Eş‛arî düşüncenin ilerleyişini açıklamaya çalışmak yaygın bir (...) kabul olarak ortaya çıktı. Selçuklu devletinin yıkılışından sonra Horasan ve Mâverâünnehir coğrafyasındaki çatışmalarla artan kaos ve istikrarsızlık dönemi yaşandı. Ardından Gurlular ve Harizmşahlar Selçuklu bakiyesi bu toprakları da kontrol eden iki büyük güç olarak ortaya çıktılar. Eş‛arîlik geleneğinin hem Gur bölgesine hem de Harizm şehirlerine taşınması mezhep-siyaset bağının bir neticesiydi. Kerrâmîliğin yaygın olduğu Gur bölgesinde siyasetin etkisiyle Eş‛arîlik kendisine alan buldu. Mu‛tezilî ve Hanefî düşüncenin güçlü olduğu Harizm bölgesinde de benzer tecrübelerin sonucunda Eş‛arîlik temsil edilmeye başlandı. Bir yandan Kerrâmîlerle öte taraftan Mu‛tezilîlerle fikri çatışmaların yaşanması ise Eş‛arî geleneğine dinamizm kazandırdı. Bu süreçte Fahreddîn er-Râzî, Eş‛arîliğin temsilini yüklenerek ilim meclislerindeki münazaralara katıldı. Ayrıca idarecilerle olan diyalogları onun hareket alanını genişletti. The historical adventures of the sects, which are Islamic schools of thought, have a complex plane that includes different orientations rather than simple and one-way directions. Understanding and correctly interpreting this multi-layered factual dimension requires multiple perspectives, like the variable leg of the compass. As of their historical processes, sects determine their positions depending on political, economic, social, etc. This position draws a route according to its positive or negative relations with its interlocutors. Intellectual debates and works of rejection are the outward manifestations of the interlocutor. It is a common acceptance to try to explain the progress of Ash‛arī thought by centering on the Great Seljuks and Nizamiyyāh madrasahs. This research examines the historical development of Ash‛arism by focusing on the period after the collapse of the Great Seljuks. As it is known, in the Great Seljuk period, the relationship of Ash‛arism with the state did not have a linear progression, but with the support of the state, it had a position that paved the way for it. After the collapse of the Great Seljuks, political conflicts, wars, invasions and plunders increased in the region, causing a great chaos in the region. In this process, it is understood that the chaotic environment continues until the state authority is re-stored. (shrink)

Ilan Gur–ze’ev; Bildung and Critical Theory in the Face of Postmodern Education, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages.

COVID-19 vaccination of children has begun in various high-income countries with regulatory approval and general public support, but largely without careful ethical consideration. This trend is expected to extend to other COVID-19 vaccines and lower ages as clinical trials progress. This paper provides an ethical analysis of COVID-19 vaccination of healthy children. Specifically, we argue that it is currently unclear whether routine COVID-19 vaccination of healthy children is ethically justified in most contexts, given the minimal direct benefit that COVID-19 vaccination (...) provides to children, the potential for rare risks to outweigh these benefits and undermine vaccine confidence, and substantial evidence that COVID-19 vaccination confers adequate protection to risk groups, such as older adults, without the need to vaccinate healthy children. We conclude that child COVID-19 vaccination in wealthy communities before adults in poor communities worldwide is ethically unacceptable and consider how policy deliberations might evolve in light of future developments. (shrink)

This chapter examines the simultaneous rejection and endorsement of natural theology within Protestantism, focusing on two contentious issues representing the tensions within Protestant perspectives on natural theology. Firstly, it considers the historical theological question of the attitude to natural theology amongst the Reformers and the post-Reformation Protestant Orthodoxy. The chapter engages with the established consensus that the increasingly positive evaluation of the possibility and value of natural theology within Protestant Orthodoxy represents a regrettable discontinuity with the ‘original’ rejection of natural (...) theology by the early Reformers. Secondly, it explores the place of natural theology within contemporary Protestant philosophical theology, looking in particular at Alvin Plantinga's ‘Reformed objection to natural theology’. The chapter disputes Plantinga's argument that the Reformers' rejection of classical foundationalism, in favour of a Reformed epistemology in which belief in God can be properly basic, entails a Reformed objection to natural theology. Rather, it suggests the possibility of an alternative Reformed natural theology consistent with the epistemological framework characteristic of Reformed dogmatic theology. (shrink)

From a contemporary perspective, the work of the Frankfurt School thinkers can be considered the last grand modern attempt to offer transcendence, meaning, and religiosity rather than “emancipation” and “truth.” In the very first stage of their work, Adorno and Horkheimer interlaced the goals of Critical Theory with the Marxian revolutionary project. The development of their thought led them to criticize orthodox Marxism and ended in a complete break with that tradition, as they developed a quest for a unique kind (...) religiosity connected with the Gnostic tradition and emanating, to a certain extent, from Judaism. This religiosity offers a reformulated Negative Theology within the framework of what I call “Diasporic philosophy.” In his later work, Horkheimer explicitly presented Critical Theory as a new Jewish theology. Rearticulating Critical Theory is of vital importance today, both for understanding the current historical moment and for going beyond the oppressive dimensions of Critical Pedagogy. This article does not satisfy itself by offering a new reconstruction of Critical Theory; its goal is to offer a blueprint for a Diasporic counter‐education that transcends Critical Pedagogy and goes beyond the emancipatory dimensions of Judaism itself. (shrink)

Ilan Gur–ze’ev; Bildung and Critical Theory in the Face of Postmodern Education, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages.

. The nature of crime: A synthesis, following the three perspectives offered in the grammar of criminal law. Criminal Justice Ethics: Vol. 27, No. 1, pp. 91-98.

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

Bioethics, Volume 36, Issue 6, Page 687-698, July 2022.

In recent years, some theorists have argued that the clogics are not only defined by their inferences, but also by their metainferences. In this sense, logics that coincide in their inferences, but not in their metainferences were considered to be different. In this vein, some metainferential logics have been developed, as logics with metainferences of any level, built as hierarchies over known logics, such as \, and \. What is distinctive of these metainferential logics is that they are mixed, i.e. (...) the standard for the premises and the conclusion is not necessarily the same. However, so far, all of these systems have been presented following a semantical standpoint, in terms of valuations based on the Strong Kleene truth-tables. In this article, we provide sound and complete sequent-calculi for the valid inferences and the invalid inferences of the logics \ and \, and introduce an algorithm that allows obtaining sound and complete sequent-calculi for the global validities and the global invalidities of any metainferential logic of any level. (shrink)

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...) instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

Following the outbreak of the COVID-19 pandemic, authorities have issued several guidelines to curb the pandemic's disastrous effects. However, measures' effectiveness is dependent upon people's adherence to them. Therefore, it is crucial to understand the potential factors that explain guideline adherence. In the present brief research report, we investigated need for structure and trait victimhood, i.e., the tendency to feel like a victim, and their effect on fear of the pandemic, which in turn, predicted guideline adherence. Furthermore, the association between (...) fear and guideline adherence was shaped by participants' global self-efficacy: higher levels of self-efficacy predicted more guideline adherence regardless of fear levels. The present findings may be relevant to health messaging endeavors aiming to improve compliance with guidelines. (shrink)

I argue that the answer to the above question turns on three distinctions as to the meaning of content-independent reasons and the types of statement in which they feature. The first distinction is between two senses of content-independence, which I refer to as weak and strong content-independence. I argue that, while legal rules can (and often do) give rise to content-independent reasons in the weak sense, whether they can be said to generate content-independent reasons in the strong sense depends on (...) two further distinctions: first, a distinction between evaluative and descriptive statements about reasons (i.e., statements describing reasons as they figure in the internal assumption of a certain normative practice, such as law); second, a distinction between reasons for action and reasons for adopting certain attitudes. Strong content-independence, I argue, is a sound notion only insofar as it figures in descriptive reason-statements (as opposed to evaluative reason-statements) with regard to actions (as opposed to attitudes). Finally, I uncover an underlying explanation that links the different senses in which legal rules provide content-independent reasons, and accounts for the differences between them. (shrink)

Cet ouvrage est une réédition numérique d’un livre paru au XXe siècle, désormais indisponible dans son format d’origine.

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...) selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Little of the work in critical and hermeneutical psychology has been linked to instructional technology (IT). This article provides a discussion in order to fill the gap in this direction. The article presents a brief genealogy of American IT in relation to the influence of psychology. It also provides a critical and hermeneutical framework for psychology. It then discusses some problems of psychologism focusing on positivism, metaphysics, cultural ecology, and power. The narrow psychologism in IT produces a kind of systematic (...) blindness regarding cultural, political, and other issues. IT professionals are encouraged to engage reflectively with the power‐relations and ethical issues in which they are involved. The article points out a need for looking at psychology more comprehensively (e.g. critical and hermeneutical psychology). (shrink)

C'est à l'époque moderne que l'homme en est arrivé à se dire le créateur de sa propre humanité. Autrefois, il se croyait l'oeuvre de la nature ou l'enfant de Dieu. Désormais, il entend conquérir l'une et s'affranchir de l'autre. Il veut rompre avec le passé, se donner souverainement sa loi, définir ce qui doit être, dominer. Telle est l'ambition vertigineuse que raconte cet ouvrage. Descartes rêvait d'un homme maître et possesseur de la nature ; deux siècles plus tard, Nietzsche allait (...) décréter que l'homme doit être dépassé, n'étant plus à la hauteur des attentes que lui-même avait définies. Rémi Brague interroge les origines de ce projet et retrouve les traits qui vont progressivement dessiner la nouvelle humanité dont nous sommes les héritiers. Pour reconstituer la longue trajectoire de l'homme moderne, ce livre convoque aussi bien la philosophie que la littérature ; il y découvre les espoirs et l'enthousiasme qui portent ses débuts, mais aussi, à l'épreuve de cette expérience impossible, l'angoisse et les désillusions qui en marquent l'échec. Le Règne de l'homme clôt une longue enquête sur la manière dont l'homme, de l'Antiquité à nos jours, a pensé successivement son rapport d'abord au monde, ensuite à Dieu et, pour finir, à soi-même. (shrink)

Legal obligation, the focal notion of this volume, is widely thought to be bound up with the idea of authority; and it is also linked (in ways that depend on one’s conception of legal obligation) with the justifiability of authority, which will be the primary focus of this chapter. In examining the justifiability of authority, particular attention will be given to Robert Wolff’s philosophical anarchist argument and a prominent response in the form of Joseph Raz’s ‘service conception of authority’. Following (...) an introduction, I provide a brief exposition of Wolff’s claim that authority is incompatible with moral autonomy (Sect. 2). After presenting the Razian response to Wolff (Sect. 3), I consider what implications follow from Raz’s service conception of authority assuming it is correct (Sect. 4). I argue that, even if the service conception successfully meets the anarchist challenge, it does so not by entirely dissolving the tension between authority and autonomy, but through a balancing act whereby one aspect of our autonomy is comprised by another aspect of our autonomy. Finally, I consider the service conception of authority itself and point out certain vulnerabilities thereof (Sect. 5). (shrink)

Contemporary legal philosophers commonly understand the normative force of law in terms of practical reason. They sharply disagree, however, on how exactly it translates into practical reason. Notably, some have argued that the directives of an authority that meets certain prerequisites of legitimacy generate reasons for action that exclude some otherwise applicable reasons, while others have insisted that such directives can only give rise to reasons that compete with opposing ones in terms of their weight . Does the weighing model (...) provide a normative framework within which law could adequately facilitate correct decision-making? At first glance, the answer appears to be ‘yes’: there seems to be nothing about law-following values—such as coordination reasons, the desirability of social order, deferential expertise, etc.—which prevents them from being factored into our decision-making in terms of normative weight that tips the balance in favor of compliance with law inasmuch as it is worthwhile to comply with it. This impression, however, turns out to be incorrect when, drawing on a body of empirical work in psychology, I observe that many of the practical difficulties law typically addresses are difficulties that have part of their root in biases to which we are systematically susceptible in the settings of our daily activity. I argue that the frequent presence of those biases in contexts of activity which law regulates, and the pivotal role law has in counteracting them, emphatically militate against the weighing model and call for its rejection. (shrink)

Il faut être "modérément moderne", et non "résolument" ; comme le préconisait Rimbaud dans un slogan aussi galvaudé que creux. Et prendre ses distances d'avec cette maladie, la "modernite". De ces fameux "Temps Modernes", que peut dire un philosophe qui a décidé de ne pas avancer masqué? Complaisante modernité, qui se clame en "rupture" avec tout! Et d'abord avec le passé pour lequel elle a inventé le nom de "Moyen Age". Alors que la modernité en vit comme un parasite, dans (...) une dialectique autodestructrice. Car au fond, qu'a-t-elle inventé? Ni la révolution technique, ni l'urbanisation, ni la société civile, ni même la personne comme sujet de libertés... Les idées modernes ne sont que des idées prémodernes, maquillées comme une marchandise volée. Avec le recul et la capacité d'analyse que lui permet sa formidable culture, Rémi Brague nous offre une série de réflexions incisives sur les notions de Modernité, de Culture, d'Histoire, de Sécularisation, de Progrès... Chemin faisant, il met en avant des penseurs qui sortent des sentiers battus, des idées qu'on avait oubliées, des rapprochements qui font avancer. Peut-on guérir de la "modernite"? C'est l'ambition de cet essai revigorant, qui n'interdit pas d'être résolument optimiste. (shrink)

Should people get vaccinated for the sake of others? What could ground—and limit—the normative claim that people ought to do so? In this paper, we propose a reasons-based consequentialist account of vaccination for the benefit of others. We outline eight harm-based and probabilistic factors that, we argue, give people moral reasons to get vaccinated. Instead of understanding other-directed vaccination in terms of binary moral duties (i.e., where people either have or do not have a moral duty to get vaccinated), we (...) develop a scalar approach according to which people can have stronger or weaker moral reasons to get vaccinated in view of the moral good of vaccination. One advantage of our approach is that it can capture why a person might have strong moral reasons to get vaccinated with Vaccine A, but only weak moral reasons to get vaccinated with Vaccine B. We discuss theoretical strengths of our approach and provide a case study of vaccination against COVID-19 to demonstrate its practical significance. (shrink)

In some instances, the criminal justice system is affected by a moral panic; that is, by an exaggerated social reaction to an assumed threat to moral values. When influenced by moral panic, courts...