This chapter reexamines the case law of the Court of Justice of the European Union (CJEU) through the prism of the modern structure of the foundational treaties of the EU: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Lisbon Treaty has reshaped the structure of the positive law of the EU, marking a new stage in the process of creating a closer union. For EU procedural law, this has led to (...) the formal establishment of three focal points which reflect the issues involved. At one extreme, are general principles of EU law, which have constitutional status including the general principle of effective judicial protection. In the middle of the spectrum are two provisions which recognize the balancing of national and EU interests required at the procedural level. Finally, the treaties recognize the possibility for substantive regulation at the EU level. (shrink)

The attitude that ordinary language description of experience is in fact a description of the world is called “naïve realism.” There is an entire branch of modern Western philosophy that is devoted to critically examining the assumptions behind the everyday language we use to describe the macroscopic world in which we live and the validity of naïve realism as an adequate description of the world. This branch of philosophy is called “ordinary language philosophy.” Surprisingly, it has something in common with (...) quantum physics: insight into the inadequacy of ordinary language to describe observable reality. It is this connection between ordinary language philosophy and quantum physics that we shall explore in this article. In the process, we shall also offer a basic introduction to both basic philosophy and basic quantum theory. (shrink)

It can seem incoherent to fully characterize fundamentality in terms of grounding, given that the fundamental is precisely that which cannot be fully characterized independently. I argue that there is no such incoherence.

A prevailing thought is that generics have a covert modal operator at logical form. I claim that if this is right, the covert generic modality is a weak necessity modal. In this paper, I pr...

Individualized customer information is at the heart of on-line commerce. Using increasing amounts of customer-specific data enhances the success and value of one-to-one on-line marketing; but the extensive gathering and use of data specific to individuals also causes alarm over the loss of digital privacy, setting up a confrontation between e-commerce and society. Governments and nations, particularly in Europe, have reacted with a reliance on sweeping laws governing digital privacy protection while other nations such as the U.S. have generally preferred (...) to allow companies and industry associations to regulate themselves. This tenuous balance is under attack from both sides. In this paper, we set up a framework which incorporates the environmental context, ethical perspectives and firm-specific considerations to help firms develop a strategy for handling digital privacy concerns. (shrink)

Libertarians are an increasingly prominent ideological group in U.S. politics, yet they have been largely unstudied. Across 16 measures in a large web-based sample that included 11,994 self-identified libertarians, we sought to understand the moral and psychological characteristics of self-described libertarians. Based on an intuitionist view of moral judgment, we focused on the underlying affective and cognitive dispositions that accompany this unique worldview. Compared to self-identified liberals and conservatives, libertarians showed 1) stronger endorsement of individual liberty as their foremost guiding (...) principle, and weaker endorsement of all other moral principles; 2) a relatively cerebral as opposed to emotional cognitive style; and 3) lower interdependence and social relatedness. As predicted by intuitionist theories concerning the origins of moral reasoning, libertarian values showed convergent relationships with libertarian emotional dispositions and social preferences. Our findings add to a growing recognition of the role of personality differences in the organization of political attitudes. (shrink)

I argue that moral principles involve the same sort of generalization as ordinary yet elusive generic generalizations in natural language such as ‘Tigers are striped’ or ‘Peppers are spicy’. A notable advantage of the generic view is that it simultaneously allows for pessimism and optimism about the role and status of moral principles in our lives. It provides a new perspective on the nature of moral principles on which principles are not apt for determining the moral status of particular actions (...) while they may be apt, and even fundamental, to our acquisition of moral knowledge. A natural consequence of the view is variation among moral principles, with some regularly warranting exceptions and some appearing arguably exceptionless. I will also argue that this generic conception of moral principles has significant advantages, as a normative model of moral reasoning, over the view of moral principles as defaults advanced in recent years. (shrink)

The spread of digital technology to all parts of our lives has led to meaningful benefits, ranging from the conveniences offered by ride-sharing apps to prediction of mental health crises and track...

Critical analysis of the commercialization and malpractice current in the profession of medicine.

Mehta examines, briefly, whether America is vulnerable to the "corruptions" of empire and the weight we should place on this moral consideration.

This book presents a selection of essays by the Indian philosopher J.L. Mehta on the topics of hermeneutics and phenomenology containing many original ...

Our actions and decisions are regularly influenced by the social environment around us. Can social cues be leveraged to induce curiosity and affect subsequent behavior? Across two experiments, we show that curiosity is contagious: The social environment can influence people's curiosity about the answers to scientific questions. Participants were presented with everyday questions about science from a popular on‐line forum, and these were shown with a high or low number of up‐votes as a social cue to popularity. Participants indicated their (...) curiosity about the answers, and they were given an opportunity to reveal a subset of those answers. Participants reported greater curiosity about the answers to questions when the questions were presented with a high (vs. low) number of up‐votes, and they were also more likely to choose to reveal the answers to questions with a high (vs. low) number of up‐votes. These effects were partially mediated by surprise and by the inferred usefulness of knowledge, with a more dramatic effect of low up‐votes in reducing curiosity than of high up‐votes in boosting curiosity. Taken together, these results highlight the important role social information plays in shaping our curiosity. (shrink)

The “class play” is an annual tradition in residency training programs and medical schools that celebrates the end of the academic year. It is also a locally generated narrative that reveals important components of an institution’s values, culture, and group dynamics. Exploring the class play is a reflexive exercise that allows one to reflect on his or her professional development and place in the department in a structural, historical, and experience-near driven way. In this way, the creation of and examining (...) of the class play may be seen as an opportunity to understand and expand upon medicine’s Hidden Curriculum. (shrink)

The practice of paying prisoners to for their participation in research has long been debated, and the controversy is reflected in the differing policies in the U.S. prison systems. Empirical study of financial payments to inmates who enroll in research has focused on whether this practice is coercive. In this study, we examined whether monetary incentives have the potential to be unduly influential among fifty HIV‐positive prisoners. The majority of prisoners surveyed believed that inmates should receive some compensation for their (...) involvement in research and disagreed with statements suggesting that the offer of payment constitutes undue influence. However, a sense of potentially being susceptible to undue influence was significantly higher among participants who had spent a longer time in prison and had less education. Overall, our findings suggest that most prisoners feel that they would be able to make a decision about research enrollment that is not solely based on an offer of monetary payment. (shrink)

Amy Sonnie and James Tracy’sHillbilly Nationalists, Urban Race Rebels, and Black Power, Dan Berger’s anthologyThe Hidden 1970sand Jefferson Cowie’sStayin’ Alive, in different ways, articulate an understanding of the political ferment that gripped the United States in the late 1960s and 1970s and its complex legacy for those struggling to change the world today. While Cowie provides a broad-brush if ultimately flawed overview of labour’s declining influence during the 1970s, Sonnie and Tracy focus their attention on five radical organisations that challenged (...) deep divisions of race to condemn inequality and oppression, and Berger similarly encompasses contributions evaluating the impact of a variety of left organisations including the Puerto Rican nationalist movement, indigenous and Black nationalist quests to establish self-determination, and the extraordinary Sojourner Truth Organization. This review critically evaluates the strengths and weaknesses of the arguments made by Sonnie and Tracy, Berger and Cowie and suggests how they may be helpful for future struggle. (shrink)

Subjectivity or the problem of ‘qualia’ tends to make the accessibility and comprehension of psychological events intangible especially for scientific exploration. The issue becomes even more complicated but interesting when one turns towards mystical experiences. Such experiences are different from other psychological phenomena in the sense that they don’t occur to every one, so are difficult to comprehend even for their qualifications of existence. We conducted a qualitative study on one such experience of inner-light perception. This is a common experience (...) reported by meditators of all kinds. However, we chose to study this phenomenon in Vihangam Yoga practitioners because of frequent occurrence of this experience in them as well as their reports of having it for hours at a stretch. During this study, it was noted that it arose many questions there we need to answer not only to explain such phenomena but also for having a better understanding of philosophy of science. In the search for these answers, we proceeded towards another complicated branch of science, quantum mechanics. Our present work is about creating an interface between a unique subjective phenomenon and principles of philosophy as well as of quantum mechanics. We explore the constructs of physical and critical realisms and their coincidence, quantum information theory and the measurement problem of Copenhagen interpretation and their possible applications in such an experience. In this endeavour, we also address the possibility that inner-light perception as experienced by Vihangam Yogis is a quantum event in brain. For this purpose, we specifically analyse the Zeilingers information concept and try to apply it to this phenomena. (shrink)

Here I advance a unified account of the structure of the epistemic normativity of assertion, action, and belief. According to my Teleological Account, all of these are epistemically successful just in case they fulfill the primary aim of knowledgeability, an aim which in turn generates a host of secondary epistemic norms. The central features of the Teleological Account are these: it is compact in its reliance on a single central explanatory posit, knowledge-centered in its insistence that knowledge sets the fundamental (...) epistemic norm, and yet fiercely pluralistic in its acknowledgment of the legitimacy and value of a rich range of epistemic norms distinct from knowledge. Largely in virtue of this pluralist character, I argue, the Teleological Account is far superior to extant knowledge-centered accounts. (shrink)

The Copenhagen interpretation, which informs the textbook presentation of quantum mechanics, depends fundamentally on the notion of ontological wave-particle duality and a viewpoint called “complementarity.” In this paper, Bohr's own interpretation is traced in detail and is shown to be fundamentally different from and even opposed to the Copenhagen interpretation in virtually all its particulars. In particular, Bohr's interpretation avoids the ad hoc postulate of wave function ‘collapse' that is central to the Copenhagen interpretation. The strengths and weakness of both (...) interpretations are summarized. ‡I thank Edward Mackinnon, Henry Folse, and Greg Anderson for valuable comments on the penultimate draft. The final responsibility for the paper rests with the author. †To contact the author, please write to: Bhaktivedanta Institute, 2334 Stuart Street, Berkeley, CA; e-mail: [email protected]. I have been unable to achieve a sharp formulation of Bohr's principle of complementarity despite much effort I have expended on it. (Einstein 1949, 674) While imagining that I understand the position of Einstein, as regards the EPR correlations, I have very little understanding of his principal opponent, Bohr. (Bell 1987, 155) Niels Bohr brain-washed a generation of physicists into believing that the problem had been solved fifty years ago. (Gell-Mann 1979, 29) Every sentence I say must be understood not as an affirmation, but as a question. (Niels Bohr, quoted in Jammer 1966, 175) Bohr's interpretation has never been fully clarified. It needs an interpretation itself, and only that will be its defense. (Weizsäcker 1971, 25). (shrink)

Since the end of the Second World War, the Australasian economies have fared poorly relative both to the high-income states of western Europe and North America and to the `miracle' economies strung along the Pacific coasts of Asia. This article attempts to analyze the post-war trajectories of antipodean economies in the context of the reconstruction of the world market under US hegemony after the end of the Second World War. The first section traces the rise of Japan and the emergence (...) of Pacific Asia as a consolidated nexus of densely interwoven patterns of relational networks. The second section examines how ongoing processes of capitalist restructuring undermined the Asian miracle economies. Finally, the last section seeks to analyze the causes for the disproportionately adverse impact that processes of worldwide transformation have had for the two antipodean settler states. (shrink)

Nature contact has associations with emotional ill-being and well-being. However, the mechanisms underlying these associations are not fully understood. We hypothesised that increased adaptive and decreased maladaptive emotion regulation strategies would be a pathway linking nature contact to ill-being and well-being. Using data from a survey of 600 U.S.-based adults administered online in 2022, we conducted structural equation modelling to test our hypotheses. We found that (1) frequency of nature contact was significantly associated with lesser emotional ill-being and greater emotional (...) well-being, (2) effective emotion regulation was significantly associated with lesser emotional ill-being and greater emotional well-being, and (3) the associations of higher frequency of nature contact with these benefits were partly explained via emotion regulation. Moreover, we found a nonlinear relationship for the associations of duration of nature contact with some outcomes, with a rise in benefits up to certain amounts of time, and a levelling off after these points. These findings support and extend previous work that demonstrates that the associations of nature contact with emotional ill-being and well-being may be partly explained by changes in emotion regulation. (shrink)

We developed an on-line intelligent argumentation system which facilitates stakeholders in exchanging dialogues. It provides decision support by capturing stakeholders’ rationale through arguments. As part of the argumentation process, stakeholders tend to both polarise their opinions and form polarisation groups. The challenging issue of assessing argumentation polarisation had not been addressed in argumentation systems until recently. Arvapally, Liu, and Jiang [, ‘Identification of Faction Groups and Leaders in Web-Based Intelligent Argumentation System for Collaborative Decision Support’, in Proceedings of International Conference (...) on Collaborative Technologies and Systems] earlier developed a method to identify polarisation groups. These groups, however, tend to overlap to a certain degree; each stakeholder may be a member of multiple polarisation groups to varied degrees. Quantifying stakeholders’ membership in multiple polarisation groups is an important issue in the argumentation for collaborative decision-making, which is not addressed earlier. We present a novel approach using fuzzy clustering algorithm to address this issue in this article. The method is evaluated using data sets produced from the discussions of 24 stakeholders. Experimental results indicate that our method is effective for both identifying polarisation groups and quantifying stakeholders’ degree of membership in each polarisation group. (shrink)

The Yogic literatures are replete with examples of several unique mystical experiences in deeper states of meditation. These experiences have nevertheless remained largely untouched by the scientific community, possibly because of the extreme inexplicability of such states and the lack of sophistication in evaluating them. More amenable to scientific research, however, would seem to be the simpler states of awareness in meditation such as that of inner light perception. While a few studies have attempted to explore this state by objective (...) means, the subjective experience of this state remains largely unexplored. The present study originates from an interesting sub-theme identified in an earlier study focused on interpretative phenomenological analysis of the experience of inner light perception among Vihangam Yogis. The original study found that the Yogis were very confident in differentiating their experience of inner light perception from other similar experiences. It was thus decided to use IPA to explore the clarity of the differences perceived by the Vihangam Yogis between these experiences. The present study reveals that the meditators could clearly differentiate the state colloquially termed “inner light perception” from external light perception, imagination and dreams. The meditators gave detailed descriptions of their perception of the differences between these experiences, which suggests that the subjective state of inner light perception could be quite different from that of those experiences which the authors have termed differentials of inner light perception. The conclusion reached is that, in addition to further empirical study by means of the traditional modalities and measures, vigorous qualitative study of the subjective dimensions of the state of inner light perception is warranted, with this study indicating that IPA is especially effective in the latter regard. (shrink)

Although quantum theory is applicable, in principle, to both the microscopic and macroscopic realms, the strategy of practically applying quantum theory by retaining a classical conception of the macroscopic world has had tremendous success. This has nevertheless rendered the task of interpretation daunting. We argue the need for recognizing and solving the ‘observation problem', namely constructing a ‘quantum-compatible’ view of the properties and states of macroscopic objects in everyday thinking to realistically interpret quantum theory consistently at both the microscopic and (...) macroscopic levels. Toward a solution to this problem, we point out a category of properties called ‘relational properties’ that we regularly associate with everyday objects. We see them as being potentially quantum-compatible. Some possible physical implications are discussed. We conclude by touching upon the nexus between the relational property view within quantum physics and some neurobiological issues underlying cognition. (shrink)

What grounds facts of the form? One promising answer is: facts of the form. A different promising answer is: x itself. Isaac Wilhelm has recently argued that the second answer is superior to the first. In this paper, I rebut his argument.

The target article's climato-economic theory will benefit by allowing for bidirectional effects and the heterogeneity of types of freedom, in order to more fully capture the coevolution of societal wealth and freedom. We also suggest alternative methods of testing climato-economic theory, such as longitudinal analyses of these countries' histories and micro-level experiments of each of the theory's hypotheses.

Study on the works of Prabhākaramiśra, ancient Sanskrit philosopher and thinker of Mimamsa philosophy.

Climate justice requires sharing the burdens and benefits of climate change and its resolution equitably and fairly. This book brings together economic and philosophical discourse on climate justice in order to support public policy dialogue on the topic.