This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines the relevance of ‘religion’ to limited (...) social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to the (...) science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

This article argues that Wolterstorff’s concept of rights is ambiguous between the interest and will theories. It provides possible reconstructions and points towards a more suitable third concept theologically grounded in an account of humans as constituted relationally, juridically and eternally.

ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin’s poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s. William McNeill and Julia Davis’s recent translation of the “Ister”— volume —is the first of the Hölderlin lectures to appear in English.

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin's poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s (see GA 4). William McNeill and Julia Davis's recent translation of the “Ister”—volume (GA 53)—is the first of the Hölderlin lectures to appear in English.

The Quality of Thought develops and defends the thesis that thinking is a kind of experience, characterized by a sui generis (“cognitive”) phenomenology, determinates of which are thought contents—what I call the phenomenal intentionality of thought thesis. It draws out the implications of this thesis for issues in philosophy of mind, philosophy of language and metaphysics. The view defended is radically internalist and intensionalist, and thus goes against received doctrines in philosophy of mind (externalism) and language (extensionalism). It also advocates (...) for a metaphysically neutral, non-naturalistic approach to the philosophical study of mind—what I call “Analytic Phenomenology”—in combination with agnosticism about the nature of the relationship between consciousness and physical reality. -/- The book identifies persistent problems with Dretske-inspired causal-informational-teleological theories of conceptual content, and diagnoses them as due to leaving out what it’s like to think a thought—to entertain or grasp a propositional (conceptual) content. It is thus a contribution to the increasingly influential Phenomenal Intentionality Research Program. It includes refutations of classic externalism (Putnam and Burge) and arguments that standard motivations for direct reference theories of names (Kripke), indexicals and demonstratives (Kaplan) are not inevitable, and alternative accounts of their (and their conceptual equivalents’) semantics. It also addresses outstanding challenges to the phenomenal intentionalist view of thought content, including the existence of unconscious thought, the elusiveness of conceptual phenomenology, the matching content problem, phenomenal compositionality, and the determination of conceptual reference. (shrink)

This paper replies a number of objections brought against the solution to Jennifer Saul's puzzle of failure of substitutivity in transparent contexts presented in my 2001 paper "Alter Egos and Their Names".

Philosophers have long endeavored to support politically relevant efforts, including institutional and legal reforms, insurrectionist uprisings, anticolonial independence struggles, cultural movements, and anti‐violence work. While some debates have emerged regarding normative questions of whether or how philosophers should be activists, this chapter focuses more directly on the manner in which philosophical authors have supported, engaged in, or examined forms of political participation that seek to end forms of oppression such as racism, sexism, colonialism, and systemic poverty. It distinguishes between philosophers (...) who are writing about or in support of forms of political activism and social movements. The chapter explores specific activists and movements that have become relevant within academic philosophy. It examines philosophers who have engaged in direct political action while working within academic philosophy. (shrink)

This volume brings together many prominent philosophical voices today focusing on issues of U. S. Latinx and Latin American identities and feminist theory. As such, the essays collected here highlight the varied and multidimensional aspects of gender, racial, cultural, and sexual questions impacting U.S. Latinx and Latin American communities today. The collection also highlights a number of important threads of analysis from fields as diverse as disability studies,aesthetics, literary theory, and pop culture studies.

The Assumption of Agency Theory revisits the Turing Test and€examines what Turing's assessor knew. It asks important questions about how machines vis à vis humans have been characterized since Turing, and seeks to reverse the trend of looking closely at the machine by asking what humans know in interaction and how they know it.€This book€characterizes a non-human agent that shows itself in interaction but is distinct from human agency: an agent acting with us in our ongoing reproduction and transformation of (...) structure. Turing predicted that at the end of the twentieth century, w. (shrink)

Feminists today are re-imagining nature, biology, and matter in feminist thought and critically addressing new developments in biology, physics, neuroscience, epigenetics and other scientific disciplines. Mattering, edited by noted feminist scholar Victoria Pitts-Taylor, presents contemporary feminist perspectives on the materialist or ‘naturalizing’ turn in feminist theory, and also represents the newest wave of feminist engagement with science. The volume addresses the relationship between human corporeality and subjectivity, questions and redefines the boundaries of human/non-human and nature/culture, elaborates on the entanglements of (...) matter, knowledge, and practice, and addresses biological materialization as a complex and open process. This volume insists that feminist theory can take matter and biology seriously while also accounting for power, taking materialism as a point of departure to rethink key feminist issues. The contributors, an international group of feminist theorists, scientists and scholars, apply concepts in contemporary materialist feminism to examine an array of topics in science, biotechnology, biopolitics, and bioethics. These include neuralplasticity and the brain-machine interface; the use of biometrical identification technologies for transnational border control; epigenetics and the intergenerational transmission of the health effects of social stigma; ADHD and neuropharmacology; and randomized controlled trials of HIV drugs.A unique and interdisciplinary collection, Mattering presents in grounded, concrete terms the need for rethinking disciplinary boundaries and research methodologies in light of the shifts in feminist theorizing and transformations in the sciences. (shrink)

Some of my colleagues will sadly not be attending the IAB World Congress in Qatar. Amongst other things, they wish to take a stand against Qatar’s human rights record and the treatment of women and...

Because of the “all-or-none” character of nervous activity, neural events and the relations among them can be treated by means of propositional logic. It is found that the behavior of every net can be described in these terms, with the addition of more complicated logical means for nets containing circles; and that for any logical expression satisfying certain conditions, one can find a net behaving in the fashion it describes. It is shown that many particular choices among possible neurophysiological assumptions (...) are equivalent, in the sense that for every net behaving under one assumption, there exists another net which behaves under the other and gives the same results, although perhaps not in the same time. Various applications of the calculus are discussed. (shrink)

For the last 40 years or so the is/ought gap, the fact/value distinction and the naturalistic fallacy have figured prominently in ethical debates. This longevity, however, has had an adverse side effect. So familiar have they become that they—and their respective rationales—have tended to become blurred. It is the purpose of this paper to explain why they should be kept distinct.

James L. Anderson analyzed the novelty of Einstein's theory of gravity as its lack of "absolute objects." Michael Friedman's related work has been criticized by Roger Jones and Robert Geroch for implausibly admitting as absolute the timelike 4-velocity field of dust in cosmological models in Einstein's theory. Using the Rosen-Sorkin Lagrange multiplier trick, I complete Anna Maidens's argument that the problem is not solved by prohibiting variation of absolute objects in an action principle. Recalling Anderson's proscription of "irrelevant" variables, I (...) generalize that proscription to locally irrelevant variables that do no work in some places in some models. This move vindicates Friedman's intuitions and removes the Jones-Geroch counterexample: some regions of some models of gravity with dust are dust-free and so naturally lack a timelike 4-velocity, so diffeomorphic equivalence to is spoiled. Torretti's example involving constant curvature spaces is shown to have an absolute object on Anderson's analysis, viz., the conformal spatial metric density. The previously neglected threat of an absolute object from an orthonormal tetrad used for coupling spinors to gravity appears resolvable by eliminating irrelevant fields. However, given Anderson's definition, GTR itself has an absolute object : a change of variables to a conformal metric density and a scalar density shows that the latter is absolute. (shrink)

James L. Anderson analyzed the novelty of Einstein's theory of gravity as its lack of "absolute objects." Michael Friedman's related work has been criticized by Roger Jones and Robert Geroch for implausibly admitting as absolute the timelike 4-velocity field of dust in cosmological models in Einstein's theory. Using the Rosen-Sorkin Lagrange multiplier trick, I complete Anna Maidens's argument that the problem is not solved by prohibiting variation of absolute objects in an action principle. Recalling Anderson's proscription of "irrelevant" variables, I (...) generalize that proscription to locally irrelevant variables that do no work in some places in some models. This move vindicates Friedman's intuitions and removes the Jones-Geroch counterexample: some regions of some models of gravity with dust are dust-free and so naturally lack a timelike 4-velocity, so diffeomorphic equivalence to is spoiled. Torretti's example involving constant curvature spaces is shown to have an absolute object on Anderson's analysis, viz., the conformal spatial metric density. The previously neglected threat of an absolute object from an orthonormal tetrad used for coupling spinors to gravity appears resolvable by eliminating irrelevant fields. However, given Anderson's definition, GTR itself has an absolute object : a change of variables to a conformal metric density and a scalar density shows that the latter is absolute. (shrink)

Van Inwagen proposes that besides simples only living organisms exist as composite objects. This paper suggests expanding van Inwagen’s ontology by also accepting composite objects in the case that physical bonding occurs (plus some extra conditions). Such objects are not living organ-isms but rather physical bodies. They include (approximately) the complete realm of inanimate ordinary objects, like rocks and tables, as well as inanimate scientific objects, like atoms and mol-ecules, the latter filling the ontological gap between simples and organisms in (...) van Inwagen’s origi-nal picture. We thus propose a compositional pluralism claiming that composition arises if and on-ly if bonding or life occurs. (shrink)

It is a commonplace in the philosophy of physics that any local physical theory can be represented using arbitrary coordinates, simply by using tensor calculus. On the other hand, the physics literature often claims that spinors \emph{as such} cannot be represented in coordinates in a curved space-time. These commonplaces are inconsistent. What general covariance means for theories with fermions, such as electrons, is thus unclear. In fact both commonplaces are wrong. Though it is not widely known, Ogievetsky and Polubarinov constructed (...) spinors in coordinates in 1965, enhancing the unity of physics and helping to spawn particle physicists' concept of nonlinear group representations. Roughly and locally, these spinors resemble the orthonormal basis or "tetrad" formalism in the symmetric gauge, but they are conceptually self-sufficient and more economical. The typical tetrad formalism is de-Ockhamized, with six extra field components and six compensating gauge symmetries to cancel them out. The Ogievetsky-Polubarinov formalism, by contrast, is Ockhamized, with most of the fluff removed. As developed nonperturbatively by Bilyalov, it admits any coordinates at a point, but "time" must be listed first. Here "time" is defined in terms of an eigenvalue problem involving the metric components and the matrix $diag$, the product of which must have no negative eigenvalues in order to yield a real symmetric square root that is a function of the metric. Thus even formal general covariance requires reconsideration; the atlas of admissible coordinate charts should be sensitive to the types and \emph{values} of the fields involved. Apart from coordinate order and the usual spinorial two-valuedness, Ogievetsky-Polubarinov spinors form, with the metric, a nonlinear geometric object, for which important results on Lie and covariant differentiation are recalled. Such spinors avoid a spurious absolute object in the Anderson-Friedman analysis of substantive general covariance. They also permit the gauge-invariant localization of the infinite-component gravitational energy in General Relativity. Density-weighted spinors exploit the conformal invariance of the massless Dirac equation to show that the volume element is absent. Thus instead of an arbitrary nonsingular matrix with 16 components, 6 of which are gauged away by a new local $O$ gauge group and one of which is irrelevant due to conformal covariance, one can, and presumably should, use density-weighted Ogievetsky-Polubarinov spinors coupled to the 9-component symmetric square root of the part of the metric that fixes null cones. Thus $\frac{7}{16}$ of the orthonormal basis is eliminated as surplus structure. Greater unity between spinors and tensors and the like is achieved, such as regarding conservation laws. Regarding the conventionality of simultaneity, an unusually wide range of $\epsilon$ values is admissible, but some extreme values are inadmissible. Standard simultaneity uniquely makes the spinor transformation law linear and independent of the metric, because transformations among the standard Cartesian coordinate systems fall within the conformal group, for which the spinor transformation law is linear. The surprising mildness of the restrictions on coordinate order as applied to the Schwarzschild solution is exhibited. (shrink)