Litigation cannot solve a public health crisis. But litigation can be an effective complementary tool to regulation by increasing the salience of a public health issue, eliciting closely guarded information to move public opinion, and prompting legislative action. From tobacco to opioids, litigants have successfully turned to courts for monetary relief, to initiate systemic change, and to hold industry accountable For years, litigators have been trying to push firearm suits into their own litigation moment. But litigation against the gun industry (...) poses special challenges. Not only has the regulatory regime failed to prevent a public safety hazard, Congress has consistently underfunded and understaffed the relevant regulatory actors. And in 2005 it legislatively immunized the gun industry from suit with the Protection of Lawful Commerce in Arms Act. This paper surveys the field of litigation in response to gun violence, tracking the limited successes of victims and stakeholders suing the gun industry. We find that victories remain confined to individual actors and unlike high-impact public litigations in other areas, aggregate class actions and major public litigation led by state attorneys general are noticeably absent in the firearm context. (shrink)

Gleichzeitig reformuliert er die Erbsundenlehre der christlichen Tradition, wenn er den Menschen als radikal bose bezeichnet. Heit zeigt, dass Kant die Spannung zwischen Freiheit und Sunde nur durch religiosen Vollzug fur uberwindbar halt.

This chapter contains sections titled: Introduction Necessity and Essence Naming and Reference Rules and Meaning Conclusion References.

Can we have a posteriori knowledge of modal facts? And if so, is that knowledge fundamentally a posteriori, or does a priori intuition provide the modal component of what is known? Though the latter view seems more straightforward, there are also reasons for taking the first option seriously.

Metaphors involve immense explanatory power and positive impact predominantly in the scientific education and popularization. Still the use of metaphors in science might be a double-edged sword. Introduction of the computer metaphor to many scientific fields in the last century resulted in reductionist approaches, oversimplifications and mechanistic explanations in science as well as in humanities. In this short commentary we developed further the computer metaphor by prof. Noble and the illusions this metaphor led to in genetics, linguistics and consequently DNA (...) linguistics. (shrink)

This essay is an analytical extension of Roland Barthes’ structural analysis of an excerpt from the Old Testament (Genesis 32: 22–32), known as “The Struggle with the Angel”. It thus continues the search for “the third meaning” of this enigmatic passage. In this essay, “The Struggle with the Angel” is undertaken in the phenomenological (xenological) register which situates it in the liminal sphere at the crossing of disclosure and concealment. Subsequent semiotic analyses of three visual renditions of Genesis 32: 22–32, (...) Rembrandt’s “Jacob’s Struggle with the Angel”, Sir Jacob Epstein’s “Jacob and the Angel”, and Marc Chagall’s “Jacob Wrestling with the Angel”, show the “third meaning” of the passage to be predicated on the foundational relation between naming and facing, pointing to the understanding of “The Struggle” as the face-to-face relationship of love and responsibility grounded in ethics. (shrink)

In the Soviet scientific literature of 1920‒30 the concept of probability was holly debated. The frequency concept which was proposed by R. von Mises became popular among Soviet physicists belonging to the L.I. Mandelstam community. Landau and Lifshitz were also close to this concept in their famous course of theoretical physics. A.Khinchin, a mathematician who cooperated with Kolmogorov, opposed to the frequency conception. In this paper we try to demonstrate that the frequency position was connected with the anthropomorphous approach to (...) physics, whereas Khinchin’s positions implied the criticism of anthropomorphism and put forward the ideal of objective knowledge. (shrink)

For the last 30 years there have been debates in philosophy about the concept of rationality. In anglo-american circles they have been primary characterized as discussions about “justified beliefs.” By contrast, the debate in Germany among discourse-theorists (Habermas, Apel) has been linked to the problem of justification of communicative speech-acts (within the concept of the entire communicative situation). Herbert Schnädelbach has modified the discours-theoretical account. His concept can be regarded along a number of dimensions. He has developed a linguistic analysis (...) of the validity claims made in various speech-act situations (following Paul Taylor). In Schnädelbach’s view, normative characterizations of speech acts can be used descriptively, too. Furthermore, the hierarchy of justifications ends on the level of rational choice.My starting point here is: there is a fundamental distinction between justifications in everyday-life and a theoretical level of justification (discoursive justifications). Thus, I discuss the hierarchy of justifications developed by Schnädelbach.Furthermore, I evaluate Schnädelbach’s concept in a semantic perspective. I will show that Schnädelbach’s pragmatical account requires a semantic analysis. Without recourse to such analysis, we cannot understand the universe of normative language. (shrink)

Nonmonotonic reasoning is a theory of the rational use of assumptions. We describe the relations between NMR and Logic, and two main paradigms of NMR, preferential and explanatory one.

RésuméL'argument de la dépendance à la réponse en matière de responsabilité morale soutient qu'une personne est moralement responsable si, et seulement si elle est une cible appropriée d'attitudes réactives, et en vertu du fait qu'elle l'est. Cependant, si nous pouvons être partiellement moralement responsables, et si les attitudes réactives sont trop grossières pour tenir compte de différences mineures dans les caractéristiques normativement significatives des agents, alors la dépendance à la réponse est fausse. Shawn Wang appelle cela le « défi de (...) la granularité ». Cet article rejette la deuxième prémisse du défi de la granularité. Les émotions humaines sont suffisamment fines pour enregistrer de petites différences dans les caractéristiques normativement significatives des agents. Je soutiens qu'un exemple illustratif de cela est la manière dont les enfants émergent graduellement comme agents partiellement responsables. (shrink)

What is the nature of our reasons for loving something? Why does a particular person or activity stimulate our imagination and hopes more deeply than others do? Is the reason in the object of our affection or in ourselves? Much philosophical debate revolves around this dichotomy between objective and subjective reasons for loving. In this paper I will instead propose that our reasons are primarily relational, having to do with the concept of affinity. Affinity, defined as “fitness” between two parties, (...) allows us to analyze loving activity in terms of a practical inference concerned with a long-term engagement in activities and relationships that are worthwhile and suitable to oneself. This approach does justice to the considerations on both sides of the debate. (shrink)

Interest in esoteric and mystical aspects of Islam in present-day Russia and its Soviet and tsarist predecessors is a complex and multifaceted phenomenon. The article starts with a critical discussion of Aleksandr Dugin’s interpretations of Sufism in his ambitious intellectual project Noomachia: Wars of the Intellect [and] Civilizations of Borderlands. The author then compares Dugin’s conceptualizations of Sufism with those of several Russian writers who lived in the second half of the nineteenth century and whose portrayal of Sufism and its (...) followers is similar to Dugin’s in some important respects. These ideologically driven constructions of Sufism stand in sharp contrast to the self-consciously objective scholarly ones that emerged in the late nineteenth/early twentieth century within the Russian academic and teaching institutions specializing in Eastern religions, languages, and cultures. The author argues that Russian academic conceptualizations of Sufism mirrored those of the fin-de-siècle German Islamology and then proceeds to examine the profound changes in Russian attitudes to Sufism, and Islam generally, after the Bolshevik Revolution of 1917 and the rise of the Soviet state that based its legitimacy on the Marxist-Leninist concept of history with its pervasive atheism, materialism, and emphasis on class struggle. It shaped Soviet-era academic and nonacademic approaches to Sufism until the mid-1980s, when Soviet scholars began to question the Marxist-Leninist certainties of the previous six decades. (shrink)