This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this (...) field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics. (shrink)

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of (...) a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

The author proves that rejecting the existence of permissive norms and limitation of norms to prohibitions and commands alone is possible only with reducing the idea of a function. The essence of the function is then the ability of the expression to generate independently the universal norm formation. Such manipulation is easy on the level of logical analysis, but proves risky from other points of view. If we want the deontic logic, which we construct, to consider the fact that permission (...) is pragmatically necessary for the law-maker to convey his normative preferences, we must solve the consequences of the adopted structure of the function of norms, which originate on the socio-linguistic level. It appears, however, that due to a lack of a pragmatic theory useful for lawyers, there is no proof that the pragmatically strong permission can be expressed by means of a lot of prohibitions and commands (dos and don’ts). Besides, reducing permissions only to the language of legal rules is an obligation to accept the structure of an act of communication, which can find its full motivation in the Husserl’s structure of the direct cognition. (shrink)

„O pełnej znajomości prawa można mówić tylko wówczas, gdy zna się prawo i wytworzone przez praktykę reguły posługiwania się nim” – pisał swego czasu Marek Zirk-Sadowski. Pogląd ten wiąże się z niezwykle istotnym sporem o kryterium poprawności dokonywanej przez sędziów wykładni prawa. Zlokalizowanie takiego kryterium wydaje się być szczególnie ważne choćby ze względu na zawartą w naszym systemie prawnym konieczność realizowania zasady trójpodziału władzy, zgodnie z którą w procesie stosowania prawa nie może dochodzić do tzw. kryptoprawotwórstwa. Celem niniejszego tekstu (...) jest zaprezentowanie wybranych koncepcji poprawności wykładni prawa oraz ich krytyka w świetle neopragmatyzmu Stanley'a Fisha, filozofa prawa oraz profesora literaturoznawstwa, którego głównym przedmiotem refleksji był problem interpretacji. Filozofia amerykańskiego neopragmatysty opiera się na dwóch koncepcjach: reader-response criticism i wspólnotach interpretacyjnych. Reader-response criticism polega na skupieniu się na afektywnym aspekcie procesu interpretacji, uznając czytelnika za kluczową instancję tego procesu; koncepcja wspólnot interpretacyjnych z kolei ma wytłumaczyć, dlaczego podmiot interpretuje w taki a nie inny sposób. Zaproponowana przez Fisha metoda pozwala uznać, że de facto jedynym możliwym kryterium poprawności wykładni są inne decyzje sędziowskie. W świetle powyższych uwag wydaje się zasadnym stwierdzenie, że podejście Fisha umożliwia pogłębienie refleksji na temat jednej z kluczowych kwestii zarówno dla praktyki jak i teorii prawniczej, tj. poprawności wykładni prawa. (shrink)

The collection and circulation of data is now a central element of increasingly more sectors of contemporary capitalism. This article analyses data as a form of capital that is distinct from, but has its roots in, economic capital. Data collection is driven by the perpetual cycle of capital accumulation, which in turn drives capital to construct and rely upon a universe in which everything is made of data. The imperative to capture all data, from all sources, by any means possible (...) influences many key decisions about business models, political governance, and technological development. This article argues that many common practices of data accumulation should actually be understood in terms of data extraction, wherein data is taken with little regard for consent and compensation. By understanding data as a form capital, we can better analyse the meaning, practices, and implications of datafication as a political economic regime. (shrink)

This article argues for engaging with the smart city as a sociotechnical imaginary. By conducting a close reading of primary source material produced by the companies IBM and Cisco over a decade of work on smart urbanism, we argue that the smart city imaginary is premised in a particular narrative about urban crises and technological salvation. This narrative serves three main purposes: it fits different ideas and initiatives into a coherent view of smart urbanism, it sells and disseminates this version (...) of smartness, and it crowds out alternative visions and corresponding arrangements of smart urbanism. Furthermore, we argue that IBM and Cisco construct smart urbanism as both a reactionary and visionary force, plotting a model of the near future, but one that largely reflects and reinforces existing sociopolitical systems. We conclude by suggesting that breaking IBM’s and Cisco’s discursive dominance over the smart city imaginary requires us to reimagine what smart urbanism means and create counter-narratives that open up space for alternative values, designs, and models. (shrink)

A complete translation of Aristotle's classic that is both faithful and readable, along with an introduction that provides the modern reader with a means of understanding this seminal work and its impact on our culture. In this volume, Joe Sachs (translator of Aristotle's _Physics, Metaphysics,_ and the _Nicomachean Ethics _)also supplements his excellent translation with well-chosen notes and glossary of important terms. Focus Philosophical Library translations are close to and are non-interpretative of the original text, with the notes and a (...) glossary intending to provide the reader with some sense of the terms and the concepts as they were understood by Aristotle’s immediate audience. (shrink)

Explores the nature and types of mystical experience and discusses the value of mysticism for humanity.

The wicked problems that constitute sustainability require students to learn a different set of ethical skills than is ordinarily required by professional ethics. The focus for sustainability ethics must be redirected towards: (1) reasoning rather than rules, and (2) groups rather than individuals. This need for a different skill set presents several pedagogical challenges to traditional programs of ethics education that emphasize abstraction and reflection at the expense of experimentation and experience. This paper describes a novel pedagogy of sustainability ethics (...) that is based on noncooperative, game-theoretic problems that cause students to confront two salient questions: “What are my obligations to others?” and “What am I willing to risk in my own well-being to meet those obligations?” In comparison to traditional professional ethics education, the game-based pedagogy moves the learning experience from: passive to active, apathetic to emotionally invested, narratively closed to experimentally open, and from predictable to surprising. In the context of game play, where players must make decisions that can adversely impact classmates, students typically discover a significant gap between their moral aspirations and their moral actions. When the games are delivered sequentially as part of a full course in Sustainability Ethics, students may experience a moral identity crisis as they reflect upon the incongruity of their self-understanding and their behavior. Repeated play allows students to reconcile this discrepancy through group deliberation that coordinates individual decisions to achieve collective outcomes. It is our experience that students gradually progress through increased levels of group tacit knowledge as they encounter increasingly complex game situations. (shrink)

W. V. Quine is one of the most eminent philosophers alive today. Now in his mid-eighties he has produced a sharp, sprightly book that encapsulates the whole of his philosophical enterprise, including his thinking on all the key components of his epistemological stance--especially the value of logic and mathematics. New readers of Quine may have to go slowly, fathoming for themselves the richness that past readers already know lies between these elegant lines. For the faithful there is much to ponder. (...) In this short book, based on lectures delivered in Spain in 1990, Quine begins by locating his work historically. He provides a lightning tour of the history of philosophy (particularly the history of epistemology), beginning with Plato and culminating in an appreciative sketch of Carnap's philosophical ambitions and achievements. This leads, in the second chapter, to an introduction to Quine's attempt to naturalize epistemology, which emphasizes his continuities with Carnap rather than the differences between them. The next chapters develop the naturalistic story of the development of science to take account of how our conceptual apparatus is enhanced so that we can view the world as containing re-identifiable objects. Having explained the role of observation sentences in providing a checkpoint for assessing scientific theories, and having despaired of constructing an empirical criterion to determine which sentences are meaningful, Quine in the remaining chapters takes up a variety of important issues about knowledge. He concludes with an extended treatment of his views about reference and meaning and his attitudes toward psychological and modal notions. The presentation is distinctive, and the many small refinements of detail and formulation will fascinate all who know Quine's philosophy. (shrink)

In the renewed Russian Fundamental Law, in addition to a number of provisions introducing changes to the political system, there are also statements of programmatic importance, as well as several provisions with symbolic and identity function. In this article these provisions are subject to functional and semiotic-cultural analysis. Particular emphasis has been placed on legally irrelevant content transmitted by the new regulations, on their semantic connections with the content of the preamble and on their cultural context. The research procedure carried (...) out allows us to state that, compared with the 1993 text, the Russian Constitution in its current version participates to a much greater extent in the complex system of transmission of symbolic content, as well as the narratives that contribute to social memory, cultural and historical identity. In doing so, it goes beyond its genre limitations, opening the basic text to the functions assigned to the preamble. In the fragments I have analysed in the paper there are undoubtedly functional and genre disturbances, and with them changes the mode of semiosis of the legal text, both in its normative and programmatic form. Renewed Constitution is the case in which a legal text, by its very nature designing the possible future world, does so through ideas about the past. (shrink)

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

David Basinger, in ‘Middle Knowledge and Classical Christian Thought’, has claimed that whether the concept of God's middle knowledgeis coherent ‘cannot be dismissed lightly or ignored by those interested in classical Christian thought. For what is at stake is the very coherence of Christian theism itself’.

The article concerns the situation of the judicial application of the law where the entity applying the law refers in a decision-making process to moral principles. The decision should be based on the directives of interpretation, which indicate the need for such a determination of the meaning of the applicable norms so that it remains in harmony with commonly accepted moral rules of the society. The equity has one more purpose; namely, it allows for the process of decision-making—and not just (...) for the process of unifying the decisions—since the mere rule does not specify the algorithm of undertaking them. This rule thus assumes that it will be further specified by phronesis judge who in a given situation will determine—for the purposes of a particular decision—a hierarchy between the criteria of substantive justice “embedded” in this rule. The reference to equity stands for the concretization of an unspecified general rule. We deal here with an indefinite general rule, the application of which is facilitated by a reference to rightness. (shrink)

The article concerns the situation of the judicial application of the law where the entity applying the law refers in a decision-making process to moral principles. The decision should be based on the directives of interpretation, which indicate the need for such a determination of the meaning of the applicable norms so that it remains in harmony with commonly accepted moral rules of the society. The equity has one more purpose; namely, it allows for the process of decision-making—and not just (...) for the process of unifying the decisions—since the mere rule does not specify the algorithm of undertaking them. This rule thus assumes that it will be further specified by phronesis judge who in a given situation will determine—for the purposes of a particular decision—a hierarchy between the criteria of substantive justice “embedded” in this rule. The reference to equity stands for the concretization of an unspecified general rule. We deal here with an indefinite general rule, the application of which is facilitated by a reference to rightness. (shrink)

Research on the asymmetric effect of negative versus positive affective states on scope of attention, both at a perceptual and a conceptual level, is abundant. However,...

Can a corporation have a conscience? What is wrong with reverse discrimination? Can ethical management and managed care coexist? Hoffman, Frederick, and Schwartz address these and many other current, intriguing, often complex issues in corporate morality. This introductory business ethics text contains a thorough general introduction on ethical theory, 54 readings, and 25 cases. Divided into five parts, each with an introduction that presents the major themes of its articles and cases, the text contains an impartial, point-counterpoint presentation of different (...) perspectives on the most important issues being debated in business ethics. Each chapter ends with questions that can be used for student discussion, review, tests/quizzes, or for student assignments. The fourth edition has 27 new readings, 15 new cases, and 10 new mini-cases. (shrink)

In this paper we investigate the following two questions: Q1: Do there exist optimal proof systems for a given language L? Q2: Do there exist complete problems for a given promise class equation image?For concrete languages L and concrete promise classes equation image , these questions have been intensively studied during the last years, and a number of characterizations have been obtained. Here we provide new characterizations for Q1 and Q2 that apply to almost all promise classes equation image and (...) languages L, thus creating a unifying framework for the study of these practically relevant questions. While questions Q1 and Q2 are left open by our results, we show that they receive affirmative answers when a small amount of advice is available in the underlying machine model. For promise classes with promise condition in equation imageequation image, the advice can be replaced by a tally equation image-oracle. © 2011 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim. (shrink)

A Brief History of Time: From the Big Bang to Black Holes is a popular-science book on cosmology (the study of the origin and evolution of the universe) by British physicist Stephen Hawking. It was first published in 1988. Hawking wrote the book for readers who have no prior knowledge of the universe and people who are interested in learning.

The purpose of this paper is to analyse a particularly influential case of memory continuity in Portugal, that of _Padrão dos Descobrimentos_. Spaces of collective memory (such as public monuments) raise questions about what we celebrate, remember or rescue from oblivion, providing an opportunity to rethink the trauma. As such, care for public spaces is associated with ethical and cultural values. One of the difficulties with certain monuments has to do with the fact that they recall actions that today we (...) see as traumatic acts. Thus, it is important to reflect on a critical use of memory. On August 8, 2021, _Padrão dos Descobrimentos_ was the subject of a graffiti. One of the sides of the monument could read: “Blindly sailing for money, humanity is drowning in a scarlet sea”. A great controversy immediately arose around the meaning of this gesture, as well as the role played by a monument that, after being temporarily built in 1940 for the Portuguese World Exhibition, was, in its current version, inaugurated in 1960, on the occasion of the fifth centenary of the death of Infante D. Henrique. This episode reignited a deeper cleavage around the uses of history and memory, the Portuguese colonial past, and the role of the _Padrão dos Descobrimentos_ as an instrument for the reproduction of nationalism. In this sense, and with the authors proposing a new theoretical frame of reference based on the thought of Arendt and Ricoeur, its critical reading becomes relevant. (shrink)

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

William Abraham studied Philosophy at the University of Ghana, and even more Philosophy at Oxford University. Thereafter, he gained permission to take part in the competitive examination and interview for a fellowship at All Souls' College. The examination was once described, with some exaggeration, as 'the hardest exam in the world!' It included a three-hour essay. Following his success in becoming the first African fellow of All Souls, his interest in African politics quickly developed into a Pan-African perspective. The Mind (...) of Africa, written while he was still at All Souls, was a fruit of that enlarged perspective. After several years as a Fellow, he had occasion to visit Ghana in 1962. There Kwame Nkrumah, then President of Ghana, successfully persuaded him to return to Ghana to teach at the University of Ghana, Legon and he subsequently resigned from All Souls. In 1968, he went to the United States as a visiting professor. This was followed by invitations to teach at various academic institutions there, including Berkeley and Stanford. He subsequently settled in California, where he continued to teach and research philosophy in the University of California at Santa Cruz until his retirement. The Mind of Africa appeared at a time when a number of African countries were obtaining, or fighting for, their political freedom from their colonial rulers and becoming independent nations and expecting to build new societies in accordance with their own visions and conceptions, though not necessarily jettisoning all the features of their colonial heritage. Building new societies requires appropriate ideologies and philosophies fashioned within the crucible of their cultural and historical experiences. Thus, the relation between ideology and society is taken up at the very outset of the book... The Mind of Africa is important for Africa's future and identity. (shrink)

Fundamental problems of environmental sustainability, including climate change and fisheries management, require collective action on a scale that transcends the political and cultural boundaries of the nation-state. Rational, self-interested neoclassical economic theories of human behavior predict tragedy in the absence of third party enforcement of agreements and practical difficulties that prevent privatization. Evolutionary biology offers a theory of cooperation, but more often than not in a context of discrimination against other groups. That is, in-group boundaries are necessarily defined by those (...) excluded as members of out-groups. However, in some settings human’s exhibit behavior that is inconsistent with both rational economic and group driven cooperation of evolutionary biological theory. This paper reports the results of a non-cooperative game-theoretic exercise that models a tragedy of the commons problem in which groups of players may advance their own positions only at the expense of other groups. Students enrolled from multiple universities and assigned to different multi-university identity groups participated in experiments that repeatedly resulted in cooperative outcomes despite intergroup conflicts and expressions of group identity. We offer three possible explanations: students were cooperative because they were in an academic setting; students may have viewed their instructors as the out-group; or the emergence of a small number of influential, ethical leaders is sufficient to ensure cooperation amongst the larger groups. From our data and analysis, we draw out lessons that may help to inform approaches for institutional design and policy negotiations, particularly in climate change management. (shrink)

_Selections_ seeks to provide an accurate and readable translation that will allow the reader to follow Aristotle's use of crucial technical terms and to grasp the details of his argument. Unlike anthologies that combine translations by many hands, this volume includes a fully integrated set of translations by a two-person team. The glossary--the most detailed in any edition--explains Aristotle's vocabulary and indicates the correspondences between Greek and English words. Brief notes supply alternative translations and elucidate difficult passages.

As any teacher or parent knows, adolescence is a time when youth grapple with the question, “Who am I?” Issues of race, ethnicity, class, gender, sexual orientation, and ability can complicate this question for young people, affecting their schoolwork and their relationships with teachers, family, and peers. This new edition of _Adolescents at School_ builds and expands the strengths and insights of the much-acclaimed first edition. Drawing from the perspectives of teachers, researchers, and administrators—and adolescents themselves—it examines the complex, changing (...) identities young people manage while they confront the challenges of schools. A uniquely practical, insightful, and jargon-free volume, _Adolescents at School _points to ways to foster the success of every student in our schools and classrooms. (shrink)

_As any teacher or parent knows, adolescence is a time when youth grapple with the question, “Who am I?” Issues of race, ethnicity, class, gender, sexual orientation, and ability can complicate this question for young people, affecting their schoolwork and their relationships with teachers, family, and peers._ This new edition of _Adolescents at School_ builds and expands the strengths and insights of the much-acclaimed first edition. Drawing from the perspectives of teachers, researchers, and administrators—and adolescents themselves—it examines the complex, changing (...) identities young people manage while they confront the challenges of schools. A uniquely practical, insightful, and jargon-free volume, _Adolescents at School _points to ways to foster the success of every student in our schools and classrooms. (shrink)

__Adolescents at Schoo_l brings together the perspectives of scholars, educators, and researchers to address the many issues that affect adolescents’ emerging identities, especially in relation to students’ experience of and engagement with school._ The book offers current and preservice teachers a practical understanding of the concept of identity development, particularly as impacted by such factors as race, ethnicity, gender, sexual orientation, ability/disability, immigration, and social class. This third edition includes new chapters on boys’ emotional lives, risk and resilience in girls, (...) the experiences of undocumented immigrant students, Muslim-American youth, and income inequality; features on “teaching while white”; and an extensively updated chapter on LGBTQ+ students. The book expands on the strengths and insights of the previous editions while also touching on issues highly relevant to contemporary youth such as social media, youth activism, and immigration. A practical and insightful volume, _Adolescents at School_ points to ways to foster the success of every student in our schools and classrooms. (shrink)

Today’s scholarship has paid little attention to the work of St. Augustine titled De Haeresibus ad Quodvultdeum. The following article will discuss the work itself in a couple of ways, first, by deciphering the sources used by Augustine and his definition of heresy; secondly, by categorizing the heresies in a way that is both understandable to the modern mind and consistent with current Catholic terminology, so that the language of the current century can be employed to describe and categorize heresies (...) from the fifth century. (shrink)

This study explored the lived experience of security and contentment, and their absence, for latency-aged children living in shared-time parenting arrangements following their parents’ separation. A descriptive phenomenological methodology was utilized. Sixteen children living in shared-time were interviewed about their experiences of two phenomena: “feeling secure and content living in shared-time” and “not feeling secure and content living in shared-time.” The eight richest protocols were selected for analysis. The two resultant general structures and their core constituents are presented, and individual (...) variations discussed. Central to each phenomenon is the parent/s’ capacity, or incapacity, to create and sustain a physical and emotional space in which the child feels secure and held in the mind, feels the arrangements are responsive to their needs, feels free to access the “absent” parent, and experiences integration between the two parental homes. Implications for phenomenological human science research are considered, including the use of descriptive phenomenology with children. (shrink)