A partire dal XX secolo si è fatta strada l’idea che l’istituzione di tribunali penali internazionali sia un fondamentale e necessario contributo al processo di ricostruzione della pace in contesti post-bellici. Attraverso l’imparzialità nell’individuazione delle colpe e nella distribuzione delle pene, i tribunali penali internazionali sarebbero in grado, secondo questa linea interpretativa, di sopire odi e divisioni, di scoraggiare la commissione di ulteriori crimini e di porre così le basi per una nuova convivenza pacifica. Questa fiducia nella funzione pacificatrice del (...) diritto internazionale penale ne ha sostenuto lo sviluppo storico. Sulla base di questa funzione il Consiglio di Sicurezza ha motivato la creazione di tribunali penali internazionali negli anni Novanta. L’atteggiamento del Consiglio di Sicurezza nei confronti del rapporto tra giurisdizioni penali internazionali e pace non si è però mantenuto lineare nel tempo. Il Consiglio di Sicurezza ha infatti mostrato successivamente di nutrire scarsa fiducia nella funzione pacificatrice del diritto internazionale penale e talvolta di ritenere che i procedimenti penali internazionali possano ostacolare il processo di pace. Il saggio indaga questo complesso rapporto e le ambiguità dell'atteggiamento del Consiglio di Sicurezza rispetto ai tribunali penali internazionali. (shrink)

The draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of ‘transfer of information’, the application of adequacy as a legal mechanism for transfer, the (...) nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by: Explaining or defining the concept of ‘transfer of information’ and when it applies to cross-border sharing in research Clarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives Expanding on the interpretation and application of consent as a legal mechanism for cross-border transfers Expanding the category of persons who may be recipients of personal information in a third country. (shrink)

Islamic sermons, Arabic; Islamic ethics.

In this essay I explore the encounter between religion and music via ideas taken from Olivier Messiaen. I first present his categorization of music and the concepts of sound-colour and dazzlement as the 'directional meaning' of music. I then show how Messiaen relates this to the phenomena of natural resonance and afterimages, and based on this, I present-via Goethe and Rudolf Steiner-the notion of an etheric, evanescent or incorporeal matter. This understanding and experience of matter is then brought to bear (...) on music. In this context the notion of a 'religious experience' can be understood as both referring to content and sentiment related to a religious belief, and, in a more general sense of 'religare' (to bind), as a deeper bond with the material-temporal flow of nature. This gives way to a Johannine vision of Messiaen's musical thinking where the creative-sounding Logos or 'word' is both spirit and matter, and where music may represent a potential awakening to this reality. (shrink)

This commentary contributes to philosophical reflection on the growing challenge of digital distraction and the value of attention in the digital age. It clarifies the nature of the problem in conceptual and historical terms; analyzes “freedom of attention” as an organizing ideal for moral and political theorizing; considers some constraints of political morality on coercive state action to bolster users’ attentional resources; comments on corporate moral responsibility; and touches on some reform ideas. In particular, the commentary develops a response to (...) an anti-paternalistic line of argument rooted in Mill’s Harm Principle that would oppose state regulation on the grounds that securing attentional capacities is a matter of personal responsibility alone. The commentary engages throughout with James Williams’s recent work on the attention economy by identifying areas of agreement and difference. (shrink)

The downsides of monogamy are felt by most people engaged in long-term relationships, including restrictions on self-discovery, limits on friendship, sexual boredom, and a circumscribed understanding of intimacy. Yet, a "happily ever after" monogamy is assumed to be the ideal form of romantic love in many modern societies: a relationship that is morally ideal and will bring the most happiness to its two partners. -/- In Why It’s OK to Not Be Monogamous, Justin L. Clardy deeply questions these assumptions. He (...) rejects the claim that non-monogamy among honest, informed and consenting adults is morally impermissible. He shows instead how polyamorous relationships can actually be exemplars of moral virtue. The book discusses how social and political forces sustain and reward monogamous relationships. The book defines non-monogamy as a privative concept; a negation of monogamy. Looking at its prevalence in the United States, the book explains how common criticisms of non-monogamy come up short. Clardy argues, as some researchers have recently shown―monogamy relies on continually demonizing non-monogamy to sustain its moral status. Finally, the book concludes with a focus on equality, asking what justice for polyamorous individuals might look like. (shrink)

'A Differential Play of Forces' is a study of transcendental empiricism in musical contexts. It presents a reading of Gilles Deleuze and Félix Guattari’s philosophical apparatus and explores how music can be thought of as functioning in the operation Deleuze terms transcendental empiricism. Central to transcendental empiricism is the idea of an encounter with intensive difference and the consequent experience of intensive and virtual forces. The thesis sets out to explore this idea in three interwoven steps. First, it develops transcendental (...) empiricism as a philosophical framework, expounding central notions related to time and aesthetic experience. In the context of this philosophical apparatus, music is then discussed as an encounter with intensity and what this may entail for our understanding of musical experience and its potential. The third part of the thesis explores the idea of experiencing intensive forces through music in the thinking and poietic of three composers of the twentieth century: Arnold Schönberg, Olivier Messiaen and Giacinto Scelsi. The thesis develops three ‘images of thought’ corresponding, respectively, to the composers’ expressed theoretical ideas, identifying central concepts from Deleuze and Guattari’s philosophy. A mutual illumination of ideas about music and transcendental empiricism is thus presented, pointing towards a possible convergence between theory and practice, thinking and aesthetic experience as a differential play of intensive forces. (shrink)

This book explores the question of how and to what extent the ongoing neoliberal transformation of higher education exerts influence on the university and academic everyday life in different societies. By listening to, observing, and comparing the critical voices of academics and students - the voices that matter - the book reviews first hand experiences from different societies and university cultures located within the European and semi-Mediterranean landscape, including the Czech Republic, Morocco, Turkey, and United Kingdom.

Austin takes on the problem of other minds, of how to respond to the question ‘how do you know?’, if this question is raised with regard to the thoughts, feelings, sensations, minds of other creatures. This problem has traditionally been understood as the problem of justifying our belief in the existence of other minds. Austin argues that believing in other persons, in authority and testimony, is an essential part of the act of communicating, and as such is an irreducible part (...) of our experience. While we can state certain advantages of communicative performances, there is no justification for our doing them as such. (shrink)

Day-to-day life is inundated with attempts to control emotions and a wealth of research has examined what strategies people use and how effective these strategies are. However, until more recently, research has often neglected more basic questions such as whether and how people choose to regulate their emotions (i.e. emotion regulation choice). In an effort to identify what we know and what we need to know, we systematically reviewed studies that examined potential determinants of whether and how people choose to (...) regulate their emotions. Eighteen determinants were identified across 219 studies and were categorised as being affective, cognitive, motivational, individual or social-cultural in nature. Where there were sufficient primary studies, meta-analysis was used to quantify the size of the associations between potential determinants and measures of whether and how people choose to regulate their emotions. Based on the findings, we propose that people’s decisions about whether and how to regulate their emotions are determined by factors relating to the individual doing the regulating, the emotion that is being regulated, and both the immediate situation and the broader social context in which the regulation is taking place. (shrink)

On the meta-level, ‘A Plea for Excuses’, sometimes regarded as the manifesto of ordinary language philosophy, illustrates Austin’s method of approaching philosophical issues, by patiently analysing the subtleties of ordinary language, by example. On the object level, the key distinction with regard to human actions that appear to be worthy of blame, Austin holds to be between a justification, which denies that the performed action was wrong, and an excuse, which instead denies that the agent was responsible for performing it. (...) Austin gives careful attention to particular cases of exculpatory speech, including precise word order and varying emphasis, etymological studies, and the special function of adverbial qualifying phrases, and shows how legal precedents and abnormal psychology may also be helpful in understanding why some efforts to excuse fail. In the final analysis, excuses are properly seen as setting limits to the ascription of moral responsibility, by stating explicitly how they differ from the more usual cases. (shrink)

When our choice affects some other person and the outcome is unknown, it has been argued that we should defer to their risk attitude, if known, or else default to use of a risk‐avoidant risk function. This, in turn, has been claimed to require the use of a risk‐avoidant risk function when making decisions that primarily affect future people, and to decrease the desirability of efforts to prevent human extinction, owing to the significant risks associated with continued human survival. I (...) raise objections to the claim that respect for others' risk attitudes requires risk‐avoidance when choosing for future generations. In particular, I argue that there is no known principle of interpersonal aggregation that yields acceptable results in variable population contexts and is consistent with a plausible ideal of respect for others' risk attitudes in fixed population cases. (shrink)

Researchers have studied the athletes' dual careers with the aim of helping them to combine the sport and the academic–vocational sphere. Most of this research has addressed the study–sport combination, but there is a lack of studies on the work–sport combination. The main objective of this research was to explore the subjective perceptions of Spanish elite athletes when attempting to combine their careers as professional athletes with a second profession or trade. Further, this study aims to identify the access to (...) facilitating resources and the perception of obstacles and barriers to the development of a dual career. A qualitative approach was chosen to address these research questions. Interpretative phenomenological analysis was carried out on a sample of 18 elite athletes, and the data were collected using semi-structured interviews based on a set of superordinate and subordinate categories. The results showed that the athletes interviewed possessed valuable resources such as the transference of sports values to the work sphere. However, important barriers were highlighted such as the perception of sport institutions as absent entities in the work–sport combination. Thus, the study of this type of dual career seems to be one of the challenges facing the interested scientific community for the coming years. (shrink)

Police killings of unarmed Black people have ignited a national and international response unlike any in decades. But differing from their civil rights-oriented predecessors, today’s activists do not think that the institutions and values of liberal democracy can eradicate structural racism. They draw instead on a Black radical tradition that, Terrence L. Johnson argues, derives its force from its unacknowledged ethical and religious dimensions. We Testify with Our Lives traces Black religion’s sustained influence from SNCC to the present, reconstructing a (...) radical lived ethics of freedom and justice. Johnson demonstrates that Black Power fundamentally contests liberalism’s abstract understanding of democracy, calling instead for new embodied frameworks to achieve human flourishing and dignity. Black bodies represent the primary form of resistance against violent and oppressive regimes of white supremacy and exploitation, and the individual and collective struggles of Black life bear witness to the dogged determination to cultivate beauty, rage, and joy. Considering the writings of Audre Lorde, Toni Cade Bambara, Stokely Carmichael, Martin Luther King Jr., Malcolm X, and James Baldwin, We Testify with Our Lives makes its case through a new narrative of the evolution of Black radicalism from the civil rights movement through the Movement for Black Lives. It forges new insights into Black Power’s vital contributions to debates on ethics, transnational politics, democracy, political solidarity, and freedom—and its potent resources for the ongoing struggle to build democratic possibilities for all. (shrink)

Based on an unfinished manuscript by the late philosopher Dallas Willard, this book makes the case that the 20th century saw a massive shift in Western beliefs and attitudes concerning the possibility of moral knowledge, such that knowledge of the moral life and of its conduct is no longer routinely available from the social institutions long thought to be responsible for it. In this sense, moral knowledge--as a publicly available resource for living--has disappeared. Via a detailed survey of main developments (...) in ethical theory from the late 19th through the late 20th centuries, Willard explains philosophy's role in this shift. In pointing out the shortcomings of these developments, he shows that the shift was not the result of rational argument or discovery, but largely of arational social forces--in other words, there was no good reason for moral knowledge to have disappeared. The Disappearance of Moral Knowledge is a unique contribution to the literature on the history of ethics and social morality. Its review of historical work on moral knowledge covers a wide range of thinkers including T.H Green, G.E Moore, Charles L. Stevenson, John Rawls, and Alasdair MacIntyre. But, most importantly, it concludes with a novel proposal for how we might reclaim moral knowledge that is inspired by the phenomenological approach of Knud Logstrup and Emmanuel Levinas. Edited and eventually completed by three of Willard's former graduate students, this book marks the culmination of Willard's project to find a secure basis in knowledge for the moral life. (shrink)

This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...) it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)

Austin attacks the view that language is referential, based on the simplistic division of utterances into the ‘descriptive’ and ‘evaluative’, using his notion of performative utterances. Such utterances, in the appropriate circumstances, are neither descriptive nor evaluative, but count as actions, i.e., create the situation rather than describing or reporting on it. In saying ‘I promise to go’ one is making a promise, not stating that one is making it. A performative promise is not, and does not involve, the statement (...) that one is promising. It is an act of a distinctive sort, the very sort named by the performative verb. And, according to Austin, making explicit what one is doing is not describing what one is doing or stating that one is doing it. (shrink)

Civilization, Modernity, and Critique provides the first comprehensive, cutting edge engagement with the work of one of the most foundational figures in civilizational analysis: Johann P. Arnason. In order to do justice to Arnason's seminal and wide-ranging contributions to sociology, social theory and history, it brings together distinguished scholars from a variety of disciplinary backgrounds and geographical contexts. Through a critical, interdisciplinary dialogue, it offers an enrichment and expansion of the methodological, theoretical, and applicative scope of civilizational analysis, by addressing (...) some of the most complex and pressing problems of contemporary global society. A unique and timely contribution to the ongoing task of advancing the project of a critical theory of society, this volume will appeal to scholars of sociology and social theory with interests in historical sociology, critical theory and civilizational analysis. (shrink)

Criticises G. E. Moore’s highly influential proposal that ascriptions of agent ability implying freedom of choice or action, what the agent could do, are analyzable as conditional statements regarding what the agent would do under certain circumstances. Austin objects against Moore that some uses of ‘if’ are non-conditional and goes on to examine the uses of these non-conditional cases. Moore’s proposal also lies at the heart of some compatibilist theories of free will and determinism. Austin argues determinism to be a (...) pseudo-problem, so long as it remains a notion that is not itself clear cut. (shrink)

The article aims to show the value of taking ecclesiology – the theology of the church – into account in the study of British imperial ideology by describing how Anglican intra-ecclesiological debates shaped mid-nineteenth-century discourse about the British Empire. It highlights the impact of the Oxford Movement on the mind of the British colonial administrator Sir Frederic Rogers, Lord Blachford (1811-1889), by revealing the connections between his imperial thought and concepts arising from Tractarian ecclesiology. In particular, it argues that Rogers’ (...) understanding of British colonial development builds on Tractarian ideas of balance and consistency. By retaining a sense of the importance of the historic connection with the colonies of settlement while respecting their right to be free, Rogers constituted the imperial relationship as a _ via media. _. (shrink)

Some believe that the current era is uniquely important with respect to how well the rest of human history goes. Following Parfit, call this the Hinge of History Hypothesis. Recently, MacAskill has argued that our era is actually very unlikely to be especially influential in the way asserted by the Hinge of History Hypothesis. I respond to MacAskill, pointing to important unresolved ambiguities in his proposed definition of what it means for a time to be influential and criticizing the two (...) arguments used to cast doubt on the claim that the current era is a uniquely important moment in human history. (shrink)

يتحدث عن حقوق المرأة وحقوق الرجل وحقوق المرأة قبل الرجل.