This thesis aims to critique the Universal Declaration of the Rights of Mother Earth and its underlying moral justification in order to provide a stronger and improved version of both. In Chapter 1 I explore what sort of moral justification is necessary to establish the Universal Declaration on firm grounds and explore its relation to environmental ethics and rights discourse. I argue that a non-anthropocentric perspective is necessary to justify the Universal Declaration’s rights. In Chapter 2 I explore the underlying (...) justification of the Universal Declaration as discovered in the works of Cormac Cullinan and Father Thomas Berry. I argue that their ethical framework is indeterminate, has many ambiguities and uncertainties, and, among other problems, it does not provide a clear action-guiding framework. In Chapter 3 I develop an alternative justification for the Universal Declaration. I argue against many predominant moral theories, that in light of our best scientific and moral understanding we should expand the realm of moral concern to include all living beings, a moral theory I call Life’s Imperative. In Chapter 4 I illustrate that Life’s Imperative is a much stronger, more coherent justification for the Universal Declaration, one that coheres with both our best understanding of the natural world and our relation to it, and to an environmental ethic reflective of that relationship. Unfortunately many of the weaknesses in the current implicit justification of the Universal Declaration have also led to it enshrining rights that are themselves problematic. In order to address these issues, I revise its rights to accord with the stronger justification that I established in Chapter 3. The end result of doing so is a revised version of the Universal Declaration. (shrink)

This chapter focuses on the frameworks of Head‐Driven Phrase Structure Grammar (HPSG) as it developed from Generalized Phrase Structure Grammar (GPSG), and Lexical‐Functional Grammar (LFG). Declarative frameworks are not generative, as they do not ‘generate’ anything in the sense of the preceding paragraph. Pullum refers to that kind of approach as Generative‐Enumerative Syntax and differentiates it from Model‐Theoretic Syntax: GPSG, HPSG, and LFG essentially fall in the latter category. It describes some key aspects of declarative (...) class='Hi'>frameworks, and the motivation for them. The chapter considers how declarative frameworks instantiate a view of Generative Grammar directly inspired by Noam Chomsky's early work, but without the procedural component. It presents some of the core design features which motivate declarative frameworks, and explores how syntactic phenomena are factorized and formalized in declarative frameworks, with a view to comparison with Minimalist Program analyses. (shrink)

This article begins by distinguishing force and mood. Then it lays out desiderata on a successful account. It sketches as background the program of truth-theoretic semantics. Next, it surveys assimilation approaches and argues that they are inadequate. Then it shows how the fulfillment-conditional approach can be applied to imperatives, interrogatives, molecular sentences containing them, and quantification into mood markers. Next, it considers briefly the recent set of propositions approach to the semantics of interrogatives and exclamatives. Finally, it shows how to (...) integrate exclamatives and optatives into a framework similar to the fulfillment approach. (shrink)

Conflicts of interests are typically divided into those that are financial and those that are not. While there is general agreement that financial COIs have a significant impact on decisions and need to be declared and managed, the status of non-financial COIs continues to be disputed. In a recentBMJfeature article it was proposed that religious beliefs should be routinely declared as an interest. The article generated over 41 responses from the medical community and health researchers, which put forward diverse and (...) opposing views. In this paper, we analyse the discourse to shed further light on the reasons put forward for and against declaring religious beliefs. We argue for a middle path in which only material beliefs should be declared, and then only when there are no extenuating circumstances. To this end, we present a framework to help evaluate the materiality of interests that can be used for both financial and non-financial interests. (shrink)

This paper explores the issue whether feminism needs a metaphysical grounding, and if so, what form that might take to effectively take account of and support the socio-political demands of feminism; addressing these demands I further propose will also contribute to the resolution of other social concerns. Social constructionism is regularly invoked by feminists and other political activists who argue that social injustices are justified and sustained through hidden structures which oppress some while privileging others. Some feminists (Haslanger and Sveinsdóttir, (...) Feminist metaphysics. In E. N. Zalta (Ed.), Stanford encyclopedia of philosophy. Stanford: Stanford University, 2011) argue that the constructs appealed to in social constructivism are real but not metaphysically fundamental because they are contingent. And this is exactly the crux of the problem—is it possible to sustain an engaged feminist socio-political critique for which contingency is central (i.e., that things could be otherwise) and at the same time retain some kind of metaphysical grounding. Without metaphysical grounding it has been argued, the feminist project may be rendered nonsubstantive (Sider, Substantivity in feminist metaphysics. Philosophical Studies, 174(2017), 2467–2478, 2017). There has been much debate around this issue and Sider (as an exemplar of the points under contention) nuances the claims expressed in his earlier writings (Sider, Writing the book of the world. Oxford: Clarendon Press, 2011) and later presents a more qualified account (Sider, Substantivity in feminist metaphysics. Philosophical Studies, 174(2017), 2467–2478, 2017). Nonetheless, I propose the critiques and defences offered by the various parties continue to depend on certain erroneous assumptions and frameworks that are challengeable. I argue that fundamentality as presented in many of these current accounts, which are underpinned by the explicit or implicit ontologies of monism and dualism and argued for in purely rationalist terms which conceive of subjects as primarily reason-responding agents, reveal basic irresolvable problems. I propose that addressing these concerns will be possible through an enactivist account which, following phenomenology, advances an ontology of interdependence and reconceives the subject as first and foremost an organism immersed in a meaningful world as opposed to a primarily reason-responding agent. Enactivism is thus, I will argue, able to legitimize feminist socio-political critiques by offering a non-reductive grounding in which not only are contingency and fundamentality reconciled, but in which fundamentality is in fact defined by radical contingency. My paper proceeds in dialogue with feminists generally addressing this ‘metaphysical turn’ in feminism and specifically with Sally Haslanger and Mari Mikkola. (shrink)

In this paper we introduce a nonmonotonic framework for belief revision in which reasoning about the reliability of different pieces of information based on meta-knowledge about the information is possible, and where revision strategies can be described declaratively. The approach is based on a Poole-style system for default reasoning in which entrenchment information is represented in the logical language. A notion of inference based on the least fixed point of a monotone operator is used to make sure that all theories (...) possess a consistent set of conclusions. (shrink)

Concerns over conflicts of interest in academic research and medical practice continue to provoke a great deal of discussion. What is most obvious in this discourse is that when COIs are declared, or perceived to exist in others, there is a focus on both the descriptive question of whether there is a COI and, subsequently, the normative question of whether it is good, bad or neutral. We contend, however, that in addition to the descriptive and normative, COI declarations and accusations (...) can be understood as performatives. In this article, we apply J.L. Austin’s performative speech-act theory to COI discourses and illustrate how this works using a contemporary case study of COI in biomedical publishing. We argue that using Austin’s theory of performative speech-acts serves to highlight the social arrangements and role of authorities in COI discourse and so provides a rich framework to examine declarations, accusations and judgements of COI that often arise in the context of biomedical research and practice. (shrink)

This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)

Psychologists live in a globalizing world where traditional boundaries are fading and, therefore, increasingly work with persons from diverse cultural backgrounds. The Universal Declaration of Ethical Principles for Psychologists provides a moral framework of universally acceptable ethical principles based on shared human values across cultures. The application of its moral framework in developing codes of ethics and reviewing current codes may help psychologists to respond ethically in a rapidly changing world. In this article, a model is presented to demonstrate how (...) to use the Universal Declaration as a guide for creating or reviewing a code of ethics. This model may assist psychologists in various parts of the world in establishing codes of ethics that will promote global understanding and cooperation while respecting cultural differences. The article describes the steps involved in the application of the model and provides concrete examples as well as several useful comments and suggestions. This guide for the application of the Universal Declaration may also be used for consultation, education, and training relative to the Universal Declaration of Ethical Principles for Psychologists. (shrink)

From 1995 to 1998, the European Commission supported the “Basic Ethical Principles in European Bioethics and Biolaw” research project. The project was based on cooperation between 22 partners coming from most EU countries. Its aim was to identify the ethical principles relating to autonomy, dignity, integrity and vulnerability as four important ideas or values for a European bioethics and biolaw. An important resume of the BIOMED project was the partner’s Policy Proposals to the European Commission, the Barcelona Declaration of 1998, (...) which is unique as a philosophical and political agreement between experts in bioethics and biolaw from many different countries. In this article, we want to compare the Barcelona Declaration with some other recent international Documents on bioethics and biolaw. We will relate the Barcelona Declaration to the framework of different international documents and codes of conduct about bioethics and biolaw. In particular, we will look at the similarities and differences when compared with the Council of Europe’s Convention for the Protection on of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine, adopted by the Committee of Ministers in 1996. Moreover, we will look at The UNESCO Declaration on the Humane Genome from 1997. Thus, the Barcelona Declaration does not only represent European ethical principles for bioethics and biolaw, but the document should also be conceived as a conceptual clarification and articulation of major ethical principles, which are central to international concerns for a universal bioethics and biolaw. (shrink)

This paper introduces and studies a declarative framework for updating views over indefinite databases. An indefinite database is a database with null values that are represented, following the standard database approach, by a single null constant. Typically a database is represented by a single set of facts |$D$| that model what is known to be true. This paper proposes a model of an indefinite extensional database that is more expressive with respect to the closed-world assumption (CWA) adapted for the (...) setting of indefinite databases (Libkin, 1995, A semantics-based approach to design of query languages for partial information. In Semantics in Databases, vol. 1358 of LNCS, pp. 170–208. Springer; der Meyden, 1998, Logical approaches to incomplete information: a survey. In Logics for Databases and Information Systems, pp. 307–356. Kluwer Academic Publishers, Norwell, MA, USA). More specifically, in our model, databases are determined by two sets of facts: |$D$| representing, as usual, all facts that are true in the database, and |$E$| that is meant to represent exceptions to the ‘unknown range’, i.e. facts that cannot be unknown. Intuitively, unless they are explicitly implied to be true by the first set, the facts specified as exceptions are assumed false. The semantics is given by means of a two-level CWA tailored to the case of indefinite information. The paper characterizes the semantics of indefinite databases in terms of their possible worlds that are obtained by instantiating occurrences of null values by concrete constants and defines several classes of database repairs that realize view-update requests. Most notable is the class of constrained repairs. Constrained repairs change the database ‘minimally’and avoid making arbitrary commitments. They narrow down the space of alternative ways to fulfill the view-update request to those that are grounded, in a certain strong sense, in the database, the view and the view-update request. (shrink)

Socially engaged art presents social situations to be understood, experienced, and evaluated as works of art while they simultaneously retain everyday non-art functionality. This article begins with an account of the definitional and evaluative concerns that socially engaged art engenders, outlining the debates around the relative importance of ethical and aesthetic values that result from this unsettled relationship between art and non-art. Based on this account, I argue that all socially engaged art requires successful performative bids that declare the work (...) to be art and that it is possible to identify the felicity conditions in which these bids are likely to be successful, as well as the perlocutionary effects that occur when a situation is categorized as art. I apply this analytic framework in a discussion and comparison of pieces by Santiago Sierra and Mierle Laderman Ukeles, demonstrating how this framework facilitates assessments that account for the works as art, while interrogating and evaluating the ethics of their categorization as art. (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in Germany, (...) Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

Antimicrobial resistance (AMR) has been declared one of the top ten global public health threats facing humanity. To address AMR, coercive antimicrobial stewardship policies are being enacted in some settings. These policies, like all in public health, require ethical justification. Here, I introduce a framework for ethically evaluating coercive antimicrobial stewardship policies on the basis of ethical justifications (and their limitations). I consider arguments from effectiveness; duty of easy rescue; tragedy of the commons; responsibility-tracking; the harm principle; paternalism; justice and (...) development; a precautionary approach; and professional duties. I consider how these justifications might form the basis for developing a comprehensive ethical framework, and the need for this to be context-specific and aligned with the priorities, evidence and needs of the particular jurisdictions in which a policy is to be enacted. I demonstrate how the ethical justifications might be used by reference to an example policy of the EU ban on the use of certain human-critical antibiotics for livestock, before concluding with challenges for further development of the framework. (shrink)

In this paper I aim to critically analyse the underlying moral justification of the rights enshrined in the Universal Declaration of the Rights of Mother Earth. The aim of the critique is to highlight some of the problematic areas that underpin the Declaration’s rights and in doing so to point to ways that one can begin to rectify the problems with them and the Universal Declaration itself. The paper aims to critically examine the moral justification for the Universal Declaration’s rights, (...) which is found in the works of Thomas Berry and his commentators who use the notion of ‘subjectivity’ to justify the existence of such rights. The paper critically examines such a notion and argues that it is not strong enough to do the work required of it, and that it is too problematic to serve as a justification for the Universal Declaration’s rights, as the ethical framework it provides is too cryptic and indeterminate, and does not provide us with an adequate action- and law-guiding framework upon which to establish the Universal Declaration and its rights. (shrink)

Globalization is a major challenge not only for marketing, but also for marketing ethics. Is it possible to delineate a conceptual framework that helps identify some major issues in this unchartered field? This paper assumes that the development of such a framework needs both serious reflection on the very concept of marketing and a thorough exploration of universal ethical values. Among a number of competing concepts of marketing, those concepts seem preferable which go beyond a merely 'instru mental' or 'value (...) free' understanding of marketing and are open to ethical questions. As for universal ethical values, it is proposed to start from four broad areas marketing is involved in: communication, people, culture and nature; and to explore major global reports and declarations for ethical guidance. Four guidelines are identified. Furthermore, an attempt is made to combine the insights from the conceptual discussion of marketing with the ethical guidelines in order to develop 'mid-level principles' for international marketing ethics, which are illustrated by a few examples. (shrink)

In many natural languages, there are clear syntactic and/or intonational differences between declarative sentences, which are primarily used to provide information, and interrogative sentences, which are primarily used to request information. Most logical frameworks restrict their attention to the former. Those that are concerned with both usually assume a logical language that makes a clear syntactic distinction between declaratives and interrogatives, and usually assign different types of semantic values to these two types of sentences. A different approach has (...) been taken in recent work on inquisitive semantics. This approach does not take the basic syntactic distinction between declaratives and interrogatives as its starting point, but rather a new notion of meaning that captures both informative and inquisitive content in an integrated way. The standard way to treat the logical connectives in this approach is to associate them with the basic algebraic operations on these new types of meanings. For instance, conjunction and disjunction are treated as meet and join operators, just as in classical logic. This gives rise to a hybrid system, where sentences can be both informative and inquisitive at the same time, and there is no clearcut division between declaratives and interrogatives. It may seem that these two general approaches in the existing literature are quite incompatible. The main aim of this paper is to show that this is not the case. We develop an inquisitive semantics for a logical language that has a clearcut division between declaratives and interrogatives. We show that this language coincides in expressive power with the hybrid language that is standardly assumed in inquisitive semantics, we establish a sound and complete axiomatization for the associated logic, and we consider a natural enrichment of the system with presuppositional interrogatives. (shrink)

The purpose of this article is to call for the formulation and adoption of a declaration on the universal rights and duties of business. We do not attempt to define the specific contents of such a declaration, but rather attempt to explain why such a declaration is needed and what would be some of its general characteristics. The catalyst for this call was the recognition that even under optimal conditions, good companies sometimes are susceptible to moral lapses, and when companies (...) undertake ventures in authoritarian countries with poor human rights records, even those with the best intentions may find themselves drawn into complicity in human rights abuses. There, market exigencies may persuade them to leave their codes of ethics and commitments to human rights at home. Pragmatism, it would seem, requires thatthey accept the ethical inconsistencies that follow from a “When in Rome, do as they Romans do” outlook. When facing the moral dilemma about whether or not to invest in human rights abusing countries, companies are offered two alternatives: they can operate in those countries and accept potential complicity or they can stay away. We suggest, however, that a preferable option is to address the underlying problem, and to this end we advocate the promulgation of a declaration for business that is comparable to the Universal Declaration of Human Rights. Our proposed name for this is the “Declaration on the Universal Rights and Duties of Business.” To be effective, such a declaration would require enforcement mechanisms. To illustrate this issue, we focus on China, not because China is unique in its human rights abuses, but because China occupies such a central place in the globalization efforts of the major companies from around the world. A robust international declaration is needed to provide a common framework for the practice of consistent and fair business competition everywhere. (shrink)

To mark the 70th anniversary of the adoption of the Universal Declaration of Human Rights, the author embarked on an attempt to analyze the theoretical and historical framework that contributed to the adoption of the document. The first part of the article discusses the development of the philosophy of personalism from Mounier to Maritain and analyzes Maritain’s views on human rights. In the second part of the article, the author shows the decisive influence of the personalists Charles Malik and Rene (...) Cassin on the adoption of the document, which clearly bears the mark of the Christian personalistic discourse and notions. (shrink)

Using the Universal Declaration of Ethical Principles for Psychologists as an ethical framework, some of the major successes, challenges and needs that psychology has regarding its responsibilities to society in the area of end-of-life decision making and active euthanasia are outlined in this paper. Four particular responsibilities are highlighted: (a) increase professional and scientific knowledge; (b) use psychological knowledge for beneficial purposes; (c) adequately train its members: and (d) encourage beneficial social structures and policies. For each responsibility, some of the (...) major societal-level ethical issues and current needs discussed in the literature are identified, as well as ways that psychology has contributed to dealing with those issues and needs. In conclusion, several recommendations are offered regarding ways in which psychologists and psychology could increase its contribution. (shrink)

As part of a research project on confrontational maneuvering in the spokespersons’ argumentative replies at the regular press conferences of China’s Ministry of Foreign Affairs between 2015 and 2018, this article analyzes, within the framework of Pragma-Dialectics, how the spokespersons declare a standpoint at issue unallowed or indisputable in order to avoid having to resolve a difference of opinion as it is, according to the questioning journalist, presented by their immediate opponents. Starting from the various rationales the spokespersons presuppose to (...) be understood and regarded acceptable by the questioning journalist and the international general public, three subtypes of declaring a standpoint unallowed or indisputable are differentiated: the “Necessity Rationale” subtype, the “Desirability Rationale” subtype, and the “Feasibility Rationale” subtype. The confrontational maneuvering by declaring a standpoint unallowed or indisputable carried out by the spokespersons is directed both at the immediate opponent and at the international general public. However, it is the international general public that the spokespersons primarily intend to convince. For this purpose, they make in all three subtypes of the unallowed or indisputable declaration an effort to adapt their response to their primary audience’s demand by making strategic choices from the available topical potential and the available presentational devices. (shrink)

Ijtihad is the mujtahid's putting forward all his efforts on a fiqh issue within the framework of methodological principles. Fatwa, on the other hand, are the explanations made regarding the questions asked in fiqh issues. Therefore, although there are similarities between fatwa and ijtihad in terms of declaring a fiqh knowledge, there are also some differences that distinguish both scientific activities from each other. Because of this difference, not every ijtihad qualifies as a fatwa that a Muslim can apply in (...) his life. A jurist who does not have the qualifications for ijtihad has to pay attention to when giving a fatwa by making use of the classical period ijtihad. The most important thing to consider when benefiting from the ijtihads that have been put forward is to correctly distinguish between the ijtihads that are historical and those that will always be used. In the fiqh books, there are many issues that can be described as historical ijtihad, in the context of their own time and conditions. Since it is not possible to present all such ijtihads within the framework of an article, in this study, the subject is discussed within the framework of ijtihads selected from fiqh books. From international relations to family law, there are many historically qualified ijtihads in the fields of fiqh, especially in the field of transactions. Today, international relations are quite different. It is of great importance to redefine the world and present fiqh rules accordingly. In the changing social structure, a new perspective is needed in the determination of the muruet. In the process of women's social position and participation in social life, great changes have been experienced all over the world and women have started to take part in many areas of life. In terms of the minimum age limit for marriage, it has become natural to marry at an older age than in the past. It has become almost impossible to act with the approach that those who have the same belief will obtain citizenship without other terms and conditions. It has become necessary to consider the views of jurists regarding the rights of non-Muslim citizens from a new perspective in the globalizing world structure. The implementation of views that give authority to private property owners regarding mineral ownership may be harmful to the security of the state and the public interest. There has been a need to look again at the legal provisions regarding the treasures under the ground in terms of public interest. In the article, it is stated why the ijtihads on the aforementioned issues have a historical character and in which framework the issue should be handled today. (shrink)

In this paper, we argue that the professional engineering institutions ought to develop a Declaration of Climate Action. Climate change is a serious global problem, and the majority of greenhouse gas emissions come from industries that are enabled by engineers and represented by the engineering professional institutions. If the professional institutions take seriously the claim that a profession should be self-regulating, with codes of ethics that go beyond mere obedience to the law, and if they take their own ethical codes (...) seriously, recognising their responsibility to the public and to future generations, the professional institutions ought to develop a declaration for engineers, addressing climate change. Our argument here is largely inspired by the history of the Declaration of Helsinki. The Declaration of Helsinki was created by the medical profession for the profession, and it held physicians to a higher standard of ethical conduct than was found in the legal framework of individual countries. Although it was not originally a legal document, the influence of the Declaration can be seen in the fact that it is now enshrined in law in a number of different countries. Thus, we argue that the engineering profession could, and should, play a significant role in the abatement of climate change by making changes within the profession. If the engineering profession sets strict standards for professional engineers, with sanctions for those who refuse to comply, this could have a significant impact in relation to our efforts to develop a coordinated response to climate change. (shrink)

Abstract We propose a metaethical view that combines the cognitivist idea that moral judgments are genuine beliefs and moral utterances express genuine assertions with the idea that such beliefs and utterances are nondescriptive in their overall content. This sort of view has not been recognized among the standard metaethical options because it is generally assumed that all genuine beliefs and assertions must have descriptive content. We challenge this assumption and thereby open up conceptual space for a new kind of metaethical (...) view. In developing our brand of nondescriptivist cognitivism we do the following: (1) articulate a conception of belief (and assertion) that does not require the overall declarative content of beliefs (and assertions) to be descriptive content; (2) make a case for the independent plausibility of this conception of belief and assertion; and (3) argue that our view, formulated in a way that draws upon the proposed conception of belief, has significant comparative advantages over descriptivist forms of cognitivism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Non-Cartesian Frameworks”Rom Harré (bio)There are three points in Dr. Berger’s paper that seem to me to call for immediate comment:1. There is the familiar (but in Berger’s case, only a partial) misunderstanding of the upshot of the third phase of Wittgenstein’s private-language argument. Having shown that expressive and descriptive discourse are radically different, and that expressive discourse can be learned only in contexts of action in (...) which there are natural expressions of personal feeling, experience, and so on, Wittgenstein goes on to show that whatever furnishes the mind, it is not thing-like. He does this by showing that “sameness” of thoughts and feelings cannot be spelled out in the same terms as sameness of things, that is, in terms of numerical and qualitative identity. Yet there is a proper use for the concept of sameness of thoughts and feelings. It is to be found in the role that expressions of feelings and declarations of thoughts play in the language games that constitute a form of life. There is no “unresolved tension,” as Berger seems to think. Although pains are not thing-like, they do have a location, do endure, and do differ from one another.The introduction of the powerful expressive/descriptive distinction is the key to the fallacies of representationalism. Expressive acts do not represent but descriptive acts might. But we can draw on the demonstration that mental “somethings” are not thing-like to eliminate that possibility. The root of representationalism is the seventeenth-century conception of the mind as a container of mental entities: ideas. Ideas are to psychology what atoms are to physics. According to Hume, ideas are copies of impressions. In that disastrous thesis, representationalism was born, as a generalization of Locke’s grounding principle that the ideas of primary qualities resembled primary qualities. The cure for this complex mesh of mistakes must be deeply philosophical. It must not be confined to easy criticisms of Locke’s resemblance doctrine, not yet to more subtle Berkleyan strictures on the supposed distinction between ideas and qualities. It must cut at the very deepest assumption of representationalism—that there are mental entities. And on that matter, Wittgenstein’s analysis will, one hopes, prove to be final.2. With representationalism cast onto the midden of history, what account are we to give of mentation? In a sense, Wittgenstein’s insights abolish the inner/outer distinction, an offshoot of the concept of the container-mind. But they leave standing the distinction between what is done privately and what is done publicly. Yet these domains must be of the same nature, since in the expressive use of signs, we find a holism encompassing what we feel and our disposition to express it. Linguistic substitutes for natural forms [End Page 185] of expression must share that holism. But there are no natural expressions of propositional thoughts. Why? Because we are capable of private propositional thinking just insofar as we have mastered public uses of the instruments of propositional thought. These instruments are cultural products.The practice of psychotherapy can be nothing other than discursive. The quotations concerning praxis that Berger offers are disconcertingly vague. To add, as Berger does, that we must take theory into account does not cure the vagueness. We do not know what Berger takes theory to be, only that it is not theory as physicists have it; i.e., systems of hypotheses about hidden processes which bring about that which can be observed. Following Wittgenstein one step farther, we can say that the only thing that could be theory-like in the enterprises of psychotherapists would be grammars. Grammars express the often unformulated norms of discourses. Psychoanalytic theories could then be addressed as expressions of the norms of certain kinds of discourses. Incorporating a “theory” would then be nothing but determining to adopt a certain grammar in one’s therapeutic discourses. Freed of the idea that one of some set of theories must be true and preferred to all others, one is free to adopt and adapt grammars to occasions. Some grammars are tied to natural expressions and so to the ethology of the human form of life... (shrink)

In view of the limitations of classical, free, and modal logics to deal with fictional names, we develop in this paper a four-valued logical framework that we see as a promising strategy for modeling contexts of reasoning in which those names occur. Specifically, we propose to evaluate statements in terms of factual and fictional truth values in such a way that, say, declaring ‘Socrates is a man’ to be true does not come down to the same thing as declaring ‘Sherlock (...) Holmes is a man’ to be so. As a result, our framework is capable of representing reasoning involving fictional characters that avoids evaluating statements according to the same semantic standards. The framework encompasses two logics that differ according to alternative ways one may interpret the relationships among the factual and fictional truth values. (shrink)

Human rights declarations are instruments used to introduce universal standards of ethics. The UN’s Protect, Respect, and Remedy Framework (Ruggie, Protect, respect, and remedy: A Framework for business and human rights. UN Doc A/HRC/8/5, 2008; Guiding principles on business and human rights: Implementing the United Nations “Protect, Respect, and Remedy” framework. UN Doc A/HRC/17/31, 2011) intends to provide guidance for corporate behavior in regard to human rights. This article applies concepts from the field of organizational justice to the arena of (...) business and human rights for the purpose of operationalizing the UN Framework. This approach facilitates the recognition of gaps between perceptions of justice held by stakeholders versus businesses and/or the State. Such recognition raises the potential for addressing issues that lead to divergent perceptions of justice, thus potentially improving the human rights performance of businesses. The research also shows the potential for complicity of businesses in human rights abuses and exposes a fundamental weakness in the UN Framework, which attempts to draw a sharp distinction between duties of States versus responsibilities of business. We illustrate this approach through analysis of the case of Goldcorp’s Marlin Mine in Guatemala; an extractive industry project that affects indigenous communities. (shrink)

In this paper we propose a computational framework aimed at extending the problem solving capabilities of cognitive artificial agents through the introduction of a novel, goal-directed, dynamic knowledge generation mechanism obtained via a non monotonic reasoning procedure. In particular, the proposed framework relies on the assumption that certain classes of problems cannot be solved by simply learning or injecting new external knowledge in the declarative memory of a cognitive artificial agent but, on the other hand, require a mechanism for (...) the automatic and creative re-framing, or re-formulation, of the available knowledge. We show how such mechanism can be obtained trough a framework of dynamic knowledge generation that is able to tackle the problem of commonsense concept combination. In addition, we show how such a framework can be employed in the field of cognitive architectures in order to overcome situations like the impasse in SOAR by extending the possible options of its subgoaling procedures. (shrink)

To examine the ethical issues involved in governmental decisions with potential health risks, we review the history of the decision to raise the interurban speed limit in Israel in light of its impact on road death and injury. In 1993, the Israeli Ministry of Transportation initiated an “experiment” to raise the interurban speed limit from 90 to 100 kph. The “experiment” did not include a protocol and did not specify cut-off points for early termination in the case of adverse results. (...) After the raise in the speed limit, the death toll on interurban roads rose as a result of a sudden increase in speeds and case fatality rates. The committee's decision is a case study in unfettered human experimentation and public health risks when the setting is non-medical and lacks a defined ethical framework. The case study states the case for extending Helsinki type safeguards to experimentation in non-medical settings. (shrink)

I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard University (...) (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (shrink)

Answer-set programming (ASP) has emerged as a declarative programming paradigm where problems are encoded as logic programs, such that the so-called answer sets of theses programs represent the solutions of the encoded problem. The efficiency of the latest ASP solvers reached a state that makes them applicable for problems of practical importance. Consequently, problems from many different areas, including diagnosis, data integration, and graph theory, have been successfully tackled via ASP. In this work, we present such ASP-encodings for problems (...) associated to abstract argumentation frameworks (AFs) and generalisations thereof. Our encodings are formulated as fixed queries, such that the input is the only part depending on the actual AF to process. We illustrate the functioning of this approach, which is underlying a new argumentation system called ASPARTIX in detail and show its adequacy in terms of computational complexity. (shrink)

The article deals with the legal acts which were adopted by the Supreme Council Reconstituting the Seimas of the Republic of Lithuania on 11 March 1990, and which are related to the restoration of the independent State of Lithuania. The author discloses the chronology of the legal acts adopted on that day and investigates why some particular act was adopted first, and only later another act was passed; he investigates the circumstances which determined the content of the legal acts and (...) shows the interconnection between these acts. The sequence and content of the legal acts of restoration of independence were determined by the fact that the independent State of Lithuania could not arise from the so-called “Lithuanian SSR” which had never been a form of Lithuanian statehood. The restoration of independence could and had to be grounded only upon the continuation of the pre-war Republic of Lithuania. One had to draw a boundary line between the Supreme Soviet of the Lithuanian SSR, which was elected in democratic and free elections on 24 February 1990, and which was a genuine representation of the Nation, from the former Supreme Soviets of the Lithuanian SSR—the essence and formation procedure of which was completely different. This was done by adopting the Declaration “On the Powers of the Supreme Soviet of the Lithuanian SSR” in which it was held that in the 24 February 1990 elections the Nation vested to the deputies of the Supreme Soviet of the Lithuanian SSR the mandate and the duty to restore the State of Lithuania and express the sovereign will of the Nation through this body, which, from 11 March 1990, 6 p.m., would be referred to as the Supreme Council of Lithuania. (shrink)

In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account also for the (...) concepts of representation, namely the representatives capacity of acting in the name of his principal, and of mandate, which is the mandatees duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution. (shrink)

This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules as (valid) (...) fictions can be known and understood in their linguistic form. How is meaning attributed to the legal words and how do these words relate to the world of fact? Taking an institutional-pragmatic approach as a starting point, an analytical model is created that can be used as an instrument for the relationship between legal rules as thought objects existing only in the mind, and legal rules as observable conduct. This model seeks to revise the classical models of legal communication that basically focus on the unilateral flow of legal information between ‘senders and receivers’ and their claim of linear causality between rules and conduct. The model here constructed in the theoretical part is then applied to several case studies, in order to analyze the construction of meaning in actual use. Two fundamental rights—the older codified in 1798 and the more recent codified in 1983—in the Dutch Constitution have been analyzed using the model as an instrument. Further, the remarkable shifts in article 96 of the Constitution, the declaration of war, and its consequences, resulting in a new category of war—the armed conflict—have been analyzed, as well as the phenomenon of ‘peacekeeping missions’ involving actual warfare. The new war terminology has created vagueness with respect to the clear-cut division between war and peace, which has been reflected in several cases before Court, including the Eric O. case. The present analysis of the case studies indicates that the model was not in all cases completely tailored to the facts: for example, in the case study on article 96 a broad spectrum of observable legal and non-legal actors dominated the facts in such a way that the model did not fully cover it. The observations on my book by the three respondents in this special issue have contributed to the adaptation and extension of the model. In the Postscript my responses suggest some ways in which their ideas can be implemented. (shrink)

As the technosciences, including genomics, develop into a global phenomenon, the question inevitably emerges whether and to what extent bioethics can and should become a globalised phenomenon as well. Could we somehow articulate a set of core principles or values that ought to be respected worldwide and that could serve as a universal guide or blueprint for bioethical regulations for embedding biotechnologies in various countries? This article considers one universal declaration, the UNESCO Declaration on Bioethics and Human Rights ( 2005a (...) ). General criticisms made in a recent special issue of Developing World Bioethics are that the concepts used in the Declaration are too general and vague to generate real commitment; that the so-called universal values are not universal; and, that UNESCO should not be engaged in producing such declarations which are the domain of professional bioethicists. This article considers these and other criticisms in detail and presents an example of an event in which the Declaration was used: the request by the Republic of Sakha, in Siberia, for a UNESCO delegation to advise on the initiation of a bioethics programme. The Declaration was intended to provide an adequate “framework of principles and procedures to guide states in the formulation of their legislation, policies and other instruments in the field of bioethics” (article 2a). The Declaration was produced, and principles agreed upon, in an interactive and deliberative manner with world-wide expert participation. We argue that the key issue is not whether the general principles can be exported worldwide (in principle they can), but rather how processes of implementation and institutionalisation should take shape in different social and cultural contexts. In particular, broader publics are not routinely involved in bioethical debate and policy-making processes worldwide. (shrink)

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book deals with the nature of hierarchical relations, in particular the computational procedure needed to generate such relations. It discusses the importance of linguistic diversity in Chomsky's work. Chomsky's own work has mostly focused on synchronic grammatical analyses. The book describes ways in which work on second language acquisition has embraced theoretical developments in syntax, and how it has sometimes informed those developments (...) as well. It also discusses different declarative frameworks, shows in detail how they are compatible with Chomsky's early work, and provides examples of grammatical analyses within such frameworks. The book explains the differences between Chomsky's linguistics and what can broadly be labeled “usage‐based linguistics.” It explores how Chomsky's work has influenced research on one area of linguistic performance, namely sentence processing or “parsing.”. (shrink)

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy in the Declaration (...) of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

The main goal of this article consists in addressing two fundamental issues of consciousness research and cognitive science, namely, the question of why declarative memory functions are inextricably linked with phenomenal awareness and the question of the physical basis of memory traces. The presented approach proposes that high-level cognitive processes involving consciousness employ a universal mechanism by means of which they access and modulate an omnipresent background field that is identified with the zero-point field (ZPF) specified by stochastic electrodynamics, (...) a branch of physics that deals with the universal principles underlying quantum systems. In addition to its known physical properties and memory capacities, the ZPF is hypothesized to be an immanently sentient medium. It is propounded that linking up to a particular field mode of the ZPF activates a particular phenomenal nuance, implying that the phase-locked coupling of a set of field modes, i.e., the formation of a so-called ZPF information state, constitutes an appropriate mechanism for the amalgamation of elementary shades of consciousness into a complex state of consciousness. Since quantum systems rest exactly on this mechanism, conscious memory processes in the brain are expected to differ from unconscious processes by the presence of the typical features of many-body quantum systems, particularly long-range coherence and attractor formation, which is supported by a huge body of empirical evidence. On this basis, the conceptual framework set out in this article paves the way for a new understanding of the brain as a write-read head interacting with the ZPF, leading to self-consistent interpretations of the neural correlates of memory formation and memory retrieval and explaining why these memory processes are closely intertwined with phenomenal awareness. In particular, the neural correlates suggest that the brain produces consciously perceived memory traces by writing sequences of information states into the ZPF and retrieves consciously experienced memory traces by reading sequences of information states from the ZPF. Using these theoretical foundations, altered states of consciousness and memory disorders can be traced back to impairments of the ZPF write-read mechanism. The mechanism should reveal itself through characteristic photon emissions, resulting in testable predictions. (shrink)

The World Health Organisation declared COVID-19 a global pandemic on 11th March 2020, recognising that the underlying SARS-CoV-2 has caused the greatest global crisis since World War II. In this chapter, we present a framework to evaluate whether and to what extent the use of digital systems that track and/or trace potentially infected individuals is not only legal but also ethical.

This book is an examination of the foundations and applications of the program of truth-theoretic semantics for natural languages introduced in 1967 by Donald Davidson in his classic paper “Truth and Meaning.” This is the second of two books on Donald Davidson’s central philosophical project. The first, Donald Davidson: Meaning, Truth, Language and Reality (Oxford: Oxford University Press, 2005), dealt with the basic framework of Davidson’s truth-theoretic approach to providing a meaning theory for a natural language, and then with his (...) development of his general project in the philosophy of language and theory of meaning by way of the analysis of the empirical confirmation of a meaning theory for a speaker, from the stance of the radial interpreter, that is, the interpreter who starts out without any detailed knowledge of the speakers’ meanings or attitudes. This book turns to the development of details of Davidson’s semantic program, specifically, the pursuit of the project of providing a compositional semantic theory for natural languages by making strategic use of an appropriately adapted Tarski-style axiomatic truth theory. Such a theory aims to provide a specification of the truth conditions of any felicitous utterance of a natural language sentence which serves to interpret it, and exhibits in the proof of the theorem that gives the truth conditions the compositional structure of the sentence and how its truth depends on its context of utterance. The book develops the basic framework, applies it to quantifiers, proper names, indexicals, simple and complex demonstratives, quotation, adjectives and adverbs, simple tenses of state and event verbs, temporal adverbs and quantifiers, tense in sentential complements and perfect tenses, opaque contexts, especially indirect discourse and attitude sentences, non-declarative sentences, semantic structure and logical form, and discusses the relation of the framework the metaphysics of truth. (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and (...) Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

China declared a long-term commitment at the United Nations General Assembly in 2020 to reduce CO2 emissions. This announcement has been described by Reuters as “the most important climate change commitment in years.” The allocation of China’s provincial CO2 emission quotas is crucial for building a unified national carbon market, which is an important policy tool necessary to achieve carbon emissions reduction. In the present research, we used historical quota data of China’s carbon emission trading policy pilot areas from 2014 (...) to 2017 to identify alternative features of corporate CO2 emissions and build a backpropagation neural network model to train the benchmark model. Later, we used the model to calculate the quotas for other regions, provided they implement the carbon emission trading policy. Finally, we added up the quotas to obtain the total national quota. Additionally, considering the perspective of carbon emission terminal, a new characteristic system of quota allocation was proposed in order to retrain BP including the following three aspects: enterprise production, household consumption, and regional environment. The results of the benchmark model and the new models were compared. This feature system not only builds a reasonable quota-related indicator framework but also perfectly matches China’s existing “bottom-up” total control quota approach. Compared with the previous literature, the present report proposes a quota allocation feature system closer to China’s policy and trains BP to obtain reasonable feature weights. The model is very important for the establishment of a unified national carbon emission trading market and the determination of regional quotas in China. (shrink)