“There’s no disputing about taste.” That’s got a nice ring to it, but it’s not quite the ring of truth. While there’s definitely something right about the aphorism – there’s a reason why it is, after all, an aphorism, and why its utterance tends to produce so much nodding of heads and muttering of “just so” and “yes, quite” – it’s surprisingly difficult to put one’s finger on just what the truth in the neighborhood is, exactly. One thing that’s pretty (...) clear is that what’s right about the aphorism, that there’s no disputing about taste, isn’t that there’s no disputing about taste. There’s heaps of disputing about taste. People engage in disputes about which movies, music, paintings, literature, meals, furniture, architectural styles, etc. are good, beautiful, tasty, fun, elegant, ugly, disgusting, etc. all the time. This is obvious to anyone who has watched dueling-movie-critics shows, read theater reviews, or negotiated with a group or partner about which movie or restaurant to go to, or which sofa or painting to put in the living room. It takes great care and good aim to fling a brick without hitting somebody who’s engaged in a dispute about taste. (shrink)

The philosophical interest of verbal disputes is twofold. First, they play a key role in philosophical method. Many philosophical disagreements are at least partly verbal, and almost every philosophical dispute has been diagnosed as verbal at some point. Here we can see the diagnosis of verbal disputes as a tool for philosophical progress. Second, they are interesting as a subject matter for first-order philosophy. Reflection on the existence and nature of verbal disputes can reveal something about the (...) nature of concepts, language, and meaning. In this article I first characterize verbal disputes, spell out a method for isolating and resolving them, and draw out conclusions for philosophical methodology. I then use the framework to draw out consequences in first-order philosophy. In particular, I argue that the analysis of verbal disputes can be used to support the existence of a distinctive sort of primitive concept and that it can be used to reconstruct a version of an analytic/synthetic distinction, where both are characterized in dialectical terms alone. (shrink)

Changing concepts comes with a risk of creating merely verbal disputes. Accounts of topic continuity (such as Herman Cappelen’s) are supposed to solve this problem. As this paper shows, however, no existing solution avoids the danger of mere verbalness. On the contrary, accounts of topic continuity in fact increase the danger of overlooking merely verbal disputes between pre- and post-ameliorators. Ultimately, this paper suggests accepting the danger of mere verbalness resulting from a change in topic as a downside (...) of conceptual engineering. Changing the topic under discussion may be worth the risk, however, in many cases. In fact, this paper proposes that the main goal of conceptual engineering should be seen as changing topics for the better. (shrink)

Francisco Suárez (1548-1617) was one of the most important philosophers and theologians of Early Modern Scholasticism. Although Suárez spent most of his academic career as a professor of theology, he is better known today for his Metaphysical Disputations (Salamanca, 1597). The present volume contains a facing-page English translation of Metaphysical Disputations III & IV. Metaphysical Disputation III offers a general treatment of the properties of being as such, while Metaphysical Disputation IV deals with one of these properties in particular, transcendental (...) unity. The Latin text contained in this volume introduces a significant number of corrections to the text of the Vivès edition, the one standardly used by scholars of Suárez, and thus more faithfully reproduces the text of the first edition. The volume also contains a lengthy introduction that provides a detailed survey of the disputations' principal claims and arguments. (shrink)

Ce livre prend prétexte sur l'énigme Tempels pour exposer la complexité de la philosophie de ceux qui avaient été considérés, à tort, comme ne parlant pas les langues abstraites, mais plutôt ontologiques : les Africains des langues bantu. L'originalité de ce livre ne réside pas tant dans sa démarche phénoménologique, mais dans le fait qu'en passant par la procédure des questions disputées, dans la suite de la tradition issue de Saint Thomas d'Aquin, il réorganise "la lecture et l'écriture de la (...) philosophie africaine contemporaine à partir d'un fond culturel religieux qui l'insère dans la tradition chrétienne". Il révèle un dialogue instructif et heuristique entre philosophie, théologie et politique en Afrique contemporaine, particulièrement au Congo, où s'enchevêtrent les questions philosophiques, religieuses et politiques aux prises avec plusieurs visages de la violence : violence totalitaire, violence de l'imaginaire et du fétichisme, violence prédatrice des ressources et des corps. [...] En somme, Prince Kaumba Lufunda nous conduit, à partir des questions disputées sur la philosphie africaine, nées à partir de l'oeuvre de Placide Tempels, aux larges de la philosophie chrétienne africaine qui croise les préoccupations religieuses, culturelles, politiques, humanistes et même écologiques." (Extraits de l'Avant-propos d'Emmanuel Banywesize)"--Page 4 of cover. (shrink)

Many philosophical disputes, most prominently disputes in ontology, have been suspected of being merely verbal and hence pointless. My goal in this paper is to offer an account of merely verbal disputes and to address the question of what is problematic with such disputes. I begin by arguing that extant accounts that focus on the semantics of the disputed statement S do not capture the full range of cases as they might arise in philosophy. Moreover, these (...) accounts bring in heavy theoretical machinery. I attempt to show that we can capture the full range of cases with an approach that is theoretically lightweight. This approach explains verbal disputes as a pragmatic phenomenon where parties use the same utterance type S with different speaker’s meaning. Moreover, it provides an answer to the crucial question Jackson’s pragmatic account leaves, at best, highly implicit. Based on my account, we can distinguish between different ways in which disputes can be verbal and different extents to which they are defective. Distinguishing between these varieties of verbalness furthermore allows us to specify what kind of substantive issues remain to be discussed once the linguistic confusion is resolved. (shrink)

How can dispute records shed light on the study of dispute settlement processes and their social and political underpinnings? This volume addresses this question by investigating the interplay between record-making, disputing process, and the social and political contexts of conflicts. The authors make use of exceptionally rich charter materials from the Iberian Peninsula, Italy, and Scandinavia, including different types of texts directly and indirectly related to conflicts, in order to contribute to a comparative survey of early medieval dispute records and (...) to a better understanding of the interplay between judicial and other less formal modes of conflict resolution. Contributors are Isabel Alfonso, José M. Andrade, François Bougard, Warren C. Brown, Wendy Davies, Julio Escalona, Kim Esmark, Adam J. Kosto, Juan José Larrea, André Evangelista Marques, Josep M. Salrach, Igor Santos Salazar, and Francesca Tinti. (shrink)

Paradigmatic cases of ontological disputes are taken to concern whether or not certain objects exist. Some theorists, however, prefer to view ontologists as really debating about what we should mean with the term “exist” (or other cognate terms). This implies interpreting ontological disputes as metalinguistic negotiations, in keeping with a recent trend to interpret other philosophical disputes along these lines (Plunkett and Sundell. Philosopher's Imprint; 2013;13:1–37). A number of issues arise from such proposal. The first is what (...) counts as evidence that an object‐level dispute is actually a metalinguistic negotiation. The second regards the dialectical relevance of considering metalinguistic negotiation as even just a possible interpretative option. The third issue concerns whether, and why, certain object‐level disputes (and especially ontological ones) should be understood as metalinguistic negotiations. (shrink)

Logic, Logical connectives, Verbal disputes, Proof theory, Non-classical logic.

The primary aim of a theory of consciousness is to articulate existence conditions for conscious states, i.e. the conditions under which a mental state is conscious rather than unconscious. There are two main broad approaches: The Higher-Order approach and the First-Order approach. Higher-Order theories claim that a mental state is conscious only if it is the object of a suitable state of higher-order awareness. First-Order theories reject this necessary condition. However, both sides make the following claim: for any mental state (...) M of a subject S, M is conscious if there is something it is like for S to be in M. This is the Nagelian Conception of consciousness. Taking the Nagelian Conception as a starting point, I contend that the best rationalizing explanation for the ways in which Higher-Order and First-Order theorists contribute to their dispute is to see those contributions as consistent responses to two distinct questions. (shrink)

A parallel, Latin-English, edition of the first volume of Suárez's renowned treatise on metaphysics, with corrected Latin text and comprehensive annotations.

This article consists of three parts, two introductory, in which the limits and the methods of analysis of dialogues are expounded, and the major part, in which the main features of a philosophical theory of disputation are outlined.It was an essential aim of the philosophical analysis of argumentative dialogues to develop tools of substantiation for cases in which logic doesn't help any more. In the first part of this paper I show that such tools can and will be developed only (...) by analyzing argumentations (“argumentation” in the sense of a monologue in which arguments for a thesis are brought forward), and that the analysis of argumentative dialogues doesn't contribute anything to the development of such tools.The systematically first task of the philosophical analysis of dialogues consists in understanding the general practical aims of philosophically interesting types of dialogue. Only subsequently the rules of the dialogue can be reconstructed as good means for reaching these aims. Dialogical games constructed without referring to such a purpose are externally senseless and useless.The third part is an outline of a philosophical theory of disputation (“disputation” here will mean: (learned) dialogue in which the participants cooperatively though perhaps controversially attempt to find out by means of arguments and mutual criticism whether a thesis is true or false). Disputations contain argumentations, and many functions of a disputation can also be fulfilled by argumentations alone. Certifying the truth of convictions is the specific aim of disputation. This is accomplished by eliminating errors of substantiation and foundation as effectively as possible, in revising false convictions and their foundations, thereby making the remaining convictions more certain. Based on this analysis of the aim of disputation, the basic rules of disputations will be critically reconstructed: possible moves, rules of sequence, and the internal aim and ends of disputations. (shrink)

A parallel, Latin-English, edition of the first volume of Suárez's renowned treatise on metaphysics, with corrected Latin text and comprehensive annotations.

One way to challenge the substantiveness of a particular philosophical issue is to argue that those who debate the issue are engaged in a merely verbal dispute. For example, it has been maintained that the apparent disagreement over the mind/brain identity thesis is a merely verbal dispute, and thus that there is no substantive question of whether or not mental properties are identical to neurological properties. The goal of this paper is to help clarify the relationship between mere verbalness and (...) substantiveness. I first argue that we should see mere verbalness as a certain kind of discourse defect that arises when the parties differ as to what each takes to be the immediate question under discussion. I then argue that mere verbalness, so understood, does not imply that the question either party is attempting to address is a non-substantive one. Even if it turns out that the parties to the mind/brain dispute are addressing subtly different questions, these might both be substantive questions to which their respective metaphysical views provide substantive answers. One reason it is tempting to reach deflationary conclusions from the charge of mere verbalness is that we fail to distinguish it from the claim that a sentence under dispute is, in a certain sense, indisputable. Another reason is that we fail to distinguish mere verbalness from a certain sort of indeterminacy. While indisputability and indeterminacy plausibly capture forms of nonsubstantiveness, I argue that mere verbalness is insufficient to establish either indisputability or indeterminacy. (shrink)

Disputes in Bioethics tackles some of the most debated questions in contemporary scholarship about the beginning and end of life. This collection of essays takes up questions about the dawn of human life, including: Should we make children with three (or more) parents? Is it better never to have been born? and Is the so called 'after-birth' abortion wrong? This volume also asks about the dusk of human life: Is 'death with dignity' a dangerous euphemism? Should euthanasia be permitted (...) for children? and Does assisted suicide harm those who do not choose to die? Still other questions are asked concerning recent views that health care professionals should not have a right to conscientiously object to legal and accepted medical practices. Finally, the book addresses questions about separating conjoined twins as well as the issue of whether the species of an individual makes a difference for the individual's moral status. Christopher Kaczor critiques some of the most recent and influential positions in bioethics, while eschewing both consequentialism and principalism. Rooted in the Catholic principle that faith and reason are harmonious, this book shows how Catholic bioethical teaching is rationally defensible in terms that people of good will, secular or religious, can accept. Proceeding from a natural law perspective, Kaczor defends the inherent dignity of all human beings and argues that they merit the protection of their basic human goods because of that inherent dignity. Philosophers interested in applied ethics, as well as students and professors of law, will profit from reading Disputes in Bioethics. The book aims to be both philosophically sophisticated and accessible for students and experienced researchers alike. (shrink)

_Disputed Subjects_ analyzes some of the assumptions behind the contemporary attraction to rationalistic notions of justice and knowledge and discusses why modernity cannot be emancipatory. The effects of gender relations in constituting modern political ideas and theories of knowledge are explored, while at the same time the author identifies problematic aspects of discourses such as psychoanalysis, postmodernism and feminist theorizing. Flax pays special attention to recurrent difficulties concerning maternity, sexuality and race within feminist theorizing, and she addresses the inadequacies of (...) postmodernist accounts of subjectivity and gender. She analyzes psychoanalysis as a discursive formation to identify its particular organization of knowledge and power. (shrink)

Thomas Aquinas's Disputed Questions on Evil is a careful and detailed analysis of the general topic of evil, including discussions on evil as privation, human free choice, the cause of moral evil, moral failure, and the so-called seven deadly sins. This collection of ten, specially commissioned new essays, the first book-length English-language study of Disputed Questions on Evil, examines the most interesting and philosophically relevant aspects of Aquinas's work, highlighting what is distinctive about it and situating it in relation not (...) only to Aquinas's other works but also to contemporary philosophical debates in metaphysics, ethics, and philosophy of action. The essays also explore the history of the work's interpretation. The volume will be of interest to researchers in a broad range of philosophical disciplines including medieval philosophy and history of philosophy, as well as to theologians. (shrink)

To say that a philosophical dispute is ‘merely verbal’ seems to be an important diagnosis. If that diagnosis is correct for a particular dispute, then the right thing to do would be to declare that dispute to be over. The topic of what the disputing parties were fighting over was just a pseudo-problem (thus not really a problem), or at least – if there is a sense in which also merely verbal disputes indicate some problem, for example, insufficient clarity (...) of terminology – this problem is not substantial, or not as substantial as the disputing parties believed their problem initially to be. In this paper I will try to clarify what it means if we diagnose that two arguing parties are having a merely verbal dispute. (shrink)

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

In considering the nature of properties four controversial decisions must be made. (1) Are properties universals or tropes? (2) Are properties attributes of particulars, or are particulars just bundles of properties? (3) Are properties categorical (qualitative) in nature, or are they powers? (4) If a property attaches to a particular, is this predication contingent, or is it necessary? These choices seem to be in a great degree independent of each other. The author indicates his own choices.

On a naive view of conceptual engineering, conceptual engineers simply aim at engineering concepts. This picture has recently come under attack. Sarah Sawyer (2018, 2020) and Derek Ball (2020) present two rather different, yet equally unorthodox, accounts of conceptual engineering, which they take to be superior to the naive picture. This paper casts doubts on the superiority of their respective accounts. By elaborating on the explanatory potential of “going meta”, the paper defends the naive view against Sawyer’s and Ball’s rival (...) proposals. (shrink)

Marcus Tullius Cicero (106 BC-43 BC) was a Roman statesman, lawyer, political theorist, philosopher, and Roman constitutionalist. He is widely considered one of Rome's greatest orators and prose stylists. He is generally perceived to be one of the most versatile minds of ancient Rome. He introduced the Romans to the chief schools of Greek philosophy and created a Latin philosophical vocabulary, distinguishing himself as a linguist, translator, and philosopher. An impressive orator and successful lawyer, he probably thought his political career (...) his most important achievement. Today, he is appreciated primarily for his humanism and philosophical and political writings. Although a great master of Latin rhetoric and composition, Cicero was not Roman in the traditional sense, and was quite self-conscious of this for his entire life. He was declared a "righteous pagan" by the early Catholic Church, and therefore many of his works were deemed worthy of preservation. Saint Augustine and others quoted liberally from his works On the Republic and On the Laws, and it is due to this that we are able to recreate much of the work from the surviving fragments. (shrink)

Disputing the Unity of the World: The Importance of Res and the Influence of Averroes in Giles of Rome's Critique of T homas Aquinas concerning the Unity of the World G. j. MCALEER 1. INTRODUCTION tILES OF ROME earned, after a decidedly difficult start, the most complete honors open to an academic religious in the Middle Ages. Joining the Hermits of St. Augustine at age 14, he became the first regent master of his order at the University of Paris ; (...) his works were made compul- sory in the education of students entering the Hermits in 1287; finally, in 1292 he became the general of the order itself.' Giles is significant, as Mandonnet puts it, because he "est incontestablement au premier rang des th~ologiens de la fin du XIII e si~cle. "2 But this is not all. Giles is also important to the period because his writings were censured by the same commission that composed the famous Parisian condemnation of 1277. As a result of this I would like to thank Robert Wielockx, Jos Decorte, Jennifer DeRose, and especially two anonymous referees of theJHP, for their extremely useful comments on an earlier draft of this paper. P. Nash, "Giles of Rome," New Catholic Eneydopedia, vol. 6 , 485 9 "P. Mandonnet, O. P., "La carri6re scolaire de Gilles de Rome," Revue des sciences philosophiques et thlologiques 4 09t~ 497. [~9] 3 ~ JOURNAL OF THE HISTORY OF PHILOSOPHY 36: I JANUARY 1998 censure, Giles had to leave.. (shrink)

In this paper, I examine two versions of the so-called “hierarchical” approach to personal autonomy, based on the notion of “second-order desires”. My primary concern will be with the question of whether these approaches provide an adequate basis for understanding the dynamics of autonomy-ascription. I begin by distinguishing two versions of the hierarchical approach, each representing a different response to the oft-discussed “regress” objection. I then argue that both “structural hierarchicalism” (e.g., Frankfurt, Bratman) and “procedural hierarchicalism” (e.g., Dworkin, Christman, Mele) (...) have difficulties accommodating the dynamics of how the attribution of autonomy to persons is claimed, disputed, and resolved. Although they differ in details, both shortcomings can be traced to viewing autonomy as a metaphysical rather than a normative, practical matter. I conclude by suggesting that these difficulties underscore the advantages of a more constructivist and pragmatist. (shrink)

In componential analysis, word meanings are (partly) decomposed into other meanings, and semantic and syntactic markers. Although a theory of word meaning based on such semantic decompositions remains compatible with the linguistic labor division thesis, it is not compatible with Kripke/Putnam-style indexical externalism. Instead of abandoning indexical externalism, a Separation Thesis is defended according to which lexical meaning need not enter the truth-conditional content of an utterance. Lexical meaning reflects beliefs about word meaning shared in a speaker community, and these (...) may rest on possibly erroneous world-level theories. It is argued that this type of lexical meaning is indispensable for explaining word composition processes and the rationality of metalinguistic disputes. (shrink)

In this book a leading philosopher of religion offers fresh insights into some of the disputed religious questions of our time.

In 1980 L. M. de Rijk edited some texts connected with medieval disputation ( Die mittelaterlichen Traktate De modo opponendi et respondendi ), towards which he showed a strikingly contemptuous attitude. The reason for his contempt was that the treatises did not fit the obligationes and sophismata tradition. In this article I focus on the original version, the Thesaurus Philosophorum , to highlight the distinction of this family of treatises with respect to the “modern“ tradition. First, I study the features (...) of the disputation that can be recognised through the collection of fallacious arguments contained in the Thesaurus . Second, I briefly examine the contents of the treatise and their arrangement, showing that they are closely related to the kind of disputation in question. I hope to support the idea that neither the technique of disputation nor the contents and their arrangement deserve a straightforward rejection. (shrink)

Consumer disputes and their nature are changing very fast every day. E-commerce is promoted by the all relevant stakeholders such as European Commission, consumers associations, competent institutions, and business sector in order to achieve the main present goal—consumer confidence in business and full functioning of the internal EU market. Here the third parties are important—trade partners from all over the word. There is no legal relation or actions between disputes and searching for the most convenient, fast, cheap and (...) comfortable. Because of that, this article sets out general views on online transactions and consumer protection in the context of e-commerce and possible online dispute resolution means. The authors of this article are chiefly concerned about legal uncertainty and the jurisdiction as well as applicable law in business-to-consumer (B2C) e-commerce. Online dispute resolution or in other words it is called the ODR is seen as a possibility to solve these barriers in dispute resolution using technology to facilitate the resolution of disputes between parties primarily involving negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution. However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process. (shrink)

This paper explores contact disputes in England and Wales. We discuss the legal background as well as separating parents' experiences of contact disputes. Contact has been high on the agenda since the U.K. Government report, Making Contact Work, examined various means for facilitating contact between non-resident parents and their children. More recently, the issue has featured prominently in the headlines, largely as a result of the campaigning efforts of fathers' rights groups who complain of injustice and demand changes (...) in the law. The idea that contact is necessary for children's well-being seems to have acquired the status of uncontestable truth. This paper examines the ways in which these ideas about children's interests have become embodied in adominant welfare discourse that is embedded in law and informs policy thinking. Family law has long abhorred parental conflict, particularly that which involves the children. It is frequently assumed that conflict can be reduced if parents could be persuaded to accept the premises of the welfare discourse. In this paper, we consider how parents themselves, in talking about their experiences of contact disputes, makes sense of family law. We found that parents regularly invoke the welfare discourse in their talk, but they interpret it in unexpected ways. Often these interpretations fuel conflict rather than reducing it. (shrink)

This is the first critical edition and study of a unique and important Muslim polemic against Christians and Jews. The Book of Disputation was written in Arabic by a Mudejar (subject Muslim living under Christian rule in late medieval Iberia) and offers new insight into the cultural and intellectual life of this Muslim minority. The text advances arguments drawn from natural philosophy-largely from Aristotle and Averroes-along with more traditional revealed sources such as the Qur'an and the Bible. Mudejar communities suffered (...) a diminution of religious and political intelligentsia over time. This text, however, highlights the author's particular conception of the world as the creation of God in his defense of Islam, demonstrates the vitality of intellectual life among Muslims in medieval Christian Iberia, and documents the continued cultivation of natural philosophy within these Muslim communities. (shrink)

Sceptics vis-à-vis introspection often base their scepticism on ‘phenomenological disputes’, ‘introspective disagreement’, or ‘introspective disputes’ (Kriegel, 2007; Bayne and Spener, 2010; Schwitzgebel, 2011): introspectors massively diverge in their opinions about experiences, and there seems to be no method to resolve these issues. Sceptics take this to show that introspection lacks any epistemic merit. Here, I provide a list of paradigmatic examples, distill necessary and sufficient conditions for IDs, present the sceptical argument encouraged by IDs, and review the two (...) main strategies to reject such a scepticism. However, both types of strategies are unsatisfactory. In order to save introspection from the looming sceptical threat, I advocate a deflationary strategy, based on either an ‘Argument from Perceptual Kinship’ or an ‘Argument from Ownership’. In the end, there cannot be any genuine IDs, for nothing can fulfil the reasonable conditions for IDs. What looks like IDs may instead be indicators of phenomenal variation. Debates that look like IDs may then arise even if introspection were a perfect method to know one’s mind. Thus, scepticism vis-à-vis introspection based on IDs rests on shaky grounds. (shrink)

Various debates in bioethics have been focused on whether non-persons, such as marginal humans or non-human animals, deserve respectful treatment. It has been argued that, where we cannot agree on whether these individuals have moral status, we might agree that they have symbolic value and ascribe to them moral value in virtue of their symbolic significance. In the paper I resist the suggestion that symbolic value is relevant to ethical disputes in which the respect for individuals with no intrinsic (...) moral value is in conflict with the interests of individuals with intrinsic moral value. I then turn to moral status and discuss the suitability of personhood as a criterion. There some desiderata for a criterion for moral status: it should be applicable on the basis of our current scientific knowledge; it should have a solid ethical justification; and it should be in line with some of our moral intuitions and social practices. Although it highlights an important connection between the possession of some psychological properties and eligibility for moral status, the criterion of personhood does not meet the desiderata above. I suggest that all intentional systems should be credited with moral status in virtue of having preferences and interests that are relevant to their well-being. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in (...) the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

Public participation and survivor research in mental health are widely recognized as vital to the field. At the same time, contributions of patient collaborators can present unique challenges to determining authorship. Using an unresolved dispute around research contributions to the American Psychiatric Association’s Psychiatric Services journal, authorship and contribution are addressed. Recommendations are suggested to prevent dilemmas and achieve responsible research credit inclusion, especially among researchers with different backgrounds and asymmetric power relations. Researchers and publishers can prepare proactively for conflict (...) through consensus on authorship criteria, prior agreements around author inclusion, arrangement for third party dispute resolution, transparency in communication and contracts, notification to prospective publications of pending disputes, a contributor-guarantor model of contribution, journal editor “expressions of concern” when authorship disputes go unresolved, and expectation of conflict as generative. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Disputing the Unity of the World: The Importance of Res and the Influence of Averroes in Giles of Rome’s Critique of Thomas Aquinas concerning the Unity of the WorldG. J. Mcaleer1. introductiongiles of rome (1243–1316) earned, after a decidedly difficult start, the most complete honors open to an academic religious in the Middle Ages. Joining the Hermits of St. Augustine at age 14, he became the first regent master (...) of his order at the University of Paris (1285–1291); his works were made compulsory in the education of students entering the Hermits in 1287; finally, in 1292 he became the general of the order itself.1 Giles is significant, as Mandonnet puts it, because he “est incontestablement au premier rang des théologiens de la fin du XIIIe siècle.”2 But this is not all. Giles is also important to the period because his writings were censured by the same commission that composed the famous Parisian condemnation of 1277. As a result of this [End Page 29] censure, Giles had to leave Paris, returning only in 1285.3 Perhaps of even greater significance is the fact that his teacher was Thomas Aquinas: Giles studied with Thomas at Paris during the years 1269–1272.4 It has been acknowledged for a long time now that Giles did not slavishly follow his teacher but wrought his own subtle and wide-ranging philosophical synthesis out of the various grand traditions of medieval thought.5 As the critical editions of Giles’s works appear (an enormous task currently moving forward under the guidance of F. Del Punta and G. Fioravanti) it will become clearer on how many issues Giles saw fit to criticize the positions of Thomas. It is one of these issues, Giles’s dispute with Thomas over the unity of the matter of the universe, that I wish to elaborate and analyze in this essay.6The thirteenth century is surely one of the greatest for philosophical innovation. Thinkers of the stature of Albert the Great, Bonaventure, Thomas Aquinas, Henry of Ghent, and Giles of Rome engaged great metaphysical themes ranging from the unity of being and creation to the composition of material substances. These speculations were prompted by their efforts to systematize the vast theological heritage of Christian thought and their encounter with the rich and varied traditions of Greek, Islamic, and Jewish thought newly entering the Latin West in translation. Questions involving matter were especially common amongst these speculations, carrying special significance in that they redounded upon conceptions of human nature and thus upon the Incarnation and Resurrection. Moreover, disputes about matter demanded arduous thought on the interrelations of the fundamental metaphysical notions of the period: act and potency; substance and accident; generation and corruption; essence and existence; principle and thing; and so on. The productivity of these thinkers, and the range and complexity of the [End Page 30] questions they treated, was stunning, and ultimately led to a massive condemnation of 219 philosophical and theological propositions at the University of Paris in 1277. The Bishop of Paris, Stephen Tempier, with the aid of a theological commission that included Henry of Ghent, hoped to efface certain errors contained in these speculations. A large number of the condemned propositions were associated with Siger of Brabant and other so-called “Radical Aristotelians.” However, theses found in the works of Aquinas were included, and, as already mentioned, Tempier soon turned his attention to Giles of Rome.7A dominant issue throughout the condemnations and the works of the period, especially in questions concerning matter, is that of unicity and plurality. This is true of perhaps the two most famous debates: whether human nature is a composition of one or many forms and whether the intellect is one for all human persons. The latter is probably the most studied of all the disputes of that time and the controversy most often associated with Averroes. The question of whether there is one matter in the universe or two is very much connected with the plurality of forms debate. Regarding this debate, thinkers wanted to know not only the number of forms in material composites but also what material... (shrink)