This paper will look at Kant’s views of the aesthetic experience, in relationship to Buddhist philosophical and political discussions of art and social organization. The primary focus in Kantian literature explores the relationship between free and dependent beauty, as well as Kant’s paradox of taste. The central argument of the Kantian portion is going to navigate the paradox of taste via Graham Priest’s epistemic and conceptual distinction pertaining to the limits of thought. Secondly, I shall contextualize the debate with similar (...) argumentation found in medieval Tibetan literature, by thinkers such as Tsongkhapa and Drakpa Gyaltsen. Lastly, I shall look at the political and artistic state of affairs in Yuan and Ming Dynasties and assert the applicability of both Kantian and Tibetan discussions of effibility in the context of Tibetan poetry and Thangkas. (shrink)

In an increasingly urbanized world, construction industry is called upon to serve the needs of human society, such as environmental protection and safety in terms of infrastructure. In this context, a sustainable and ethical development means a close connection between buildings and environment. This connection can be achieved through, for example, the concept of ecological concrete or green concrete, as it is often called. The conventional process of obtaining cement and mineral aggregates from the concrete composition generates pollution, especially through (...) greenhouse gas emissions. Also, one should not ignore the fact that extraction of the raw materials affects the habitats of the sites and of the neighboring areas. When construction materials are questioned, the ethical issues lay not in the means of expression, but mainly in the means of production. More to the point, the present contribution aimed to find solutions for enhancing the adhesion of vegetal aggregates with the cement matrix, in order to obtain a material with optimal mechanical properties, which is valued as an ethical approach of building industry. Results showed that plant aggregates can be used to obtain a building material which can be improved by using partial substitution of cement by silica fume, fly ash, or by using additives and that green concrete as an environmentally friendly material offers the alternative for lower energy use and fewer CO2 emissions. Marketers must understand not only the advantages of these green materials, but also that they have an ethical commitment to provide consumers with environmentally friendly materials. (shrink)

...If, in some places, backward science determines the remaining period by the lack of optimism only by the number 123456789, then our progressive science expands it to 987654321, which is eight times more advanced than theirs. However, due to the inherent caution of scientists, both sides do not specify the measuring unit of reference — year, day, hour or minute are meant. Leonid Leonov. Collected Op. in ten volumes. Volume ten. M.: IHL, 1984, p.583. -/- The modern men being as (...) a rule is proceeding in three relatively autonomous, but immanently coexisting, and each penetrating dialectically through other, and each contesting even cruelly with other, and each more or less dominating on other, differently in various societies, worlds: the first one of the barbarity, the second one the culture, the third one the civilization... Barbarity is the mode of coexistence of autonomous human societies based on the unlimited will to act so as subject wants to do without any limitations of his activities... Culture is the mode of coexistence of autonomous human societies based on the most ancient testaments, customs, traditions etc of the highestly sacrified appearence... Civilisation is the mode of coexistence of autonomous human societies based on the reasoned or legitimated by social contracts, by profits, by expediency and so more constitutions, institutions etc... -/- Andrei Melnikov-Pechersky in his epic "In the Woods" says that there was a movement among the Old Believers in Russia, or a current that proclaimed Kostroma the new and, it seems, the only true Jerusalem, in an apocalyptic sense, of course, which in its spiritual scale was probably not inferior to the Bogomils, shakers, Mormons, or else and the whole Reformation in potential. In Western Europe, every more or less convex nuance of the history of a state or region (even if it is a small San Marino) is overgrown with almost a dozen institutions, not always state ones, by the way, in which almost every sneeze and step of very ambivalent historical subjects in a broad sense is studied. Especially in the young, but very pretentious America of the United States, which embodies all world justice. In our country, for example, even many leading humanitarian specialists do not realize the spiritual value of the Ipatievsky MONASTERY. The Russian writer Boris Shiryaev, who died quite a long time ago and in a very far abroad, devoted a special part of his documentary and artistic epic of wanderings "The Inextinguishable Lampada" to an entertaining and instructive, tragic fate of a kind of village monarchy in some Villages of the Kostroma province (I could not identify the area, and, frankly, I did not really try) in the early years The Soviet government. At the same time, all Russians learn about the French emperor Napoleon almost with their mother's milk how many percent of cyanide potassium was found in his hair, they reflect on Lermontov's "Airship" (probably, just not to "memorize" the imposed "Borodino" by heart). The events, of course, are incomparable, but the fact is significant. The outstanding national artist (if not to say a thinker of the Chesnyakov level) Grigory Pavlovich Kusochkin was glorified wherever, in whatever catalogues he was not included. Paris, London, New York, St. Petersburg, Moscow... To look at some smear of luminaries like Picasso or Modigliani, international tourist routes are organized in the restaurant toilet using the finest marketing technologies, and we did not even know Grigory Pavlovich by sight until, thank God, a series of TV shows on all Russian channels was dedicated to him in one gulp. Why is this happening? Is it a consequence of poverty or the result of the conscious policy of the ruling elite of the country and the world? The regions of the Kostroma Region are Austria, Switzerland, Bavaria, Armenia, Moldova, and Georgia... Georgia! I served in the army there. In this small but very great country, judging even by the appearance of its President Shevardnadze, although it is smaller than the Kostroma region, there are so many different, but Georgian-speaking peoples! Kakhetians, Meskhetians, Imereti, Iveretians, Mingrelians, Khevsurs... Adjarians (mostly Georgian-speaking Muslims) even have their own autonomy. And some peoples are not Georgian—speaking at all — South Ossetians, Abkhazians, Kurds, Armenians, Greeks, even Assyrians. In the Kostroma Region, and in any Russian "province" — not much less: there are plenty of the same Georgians or Armenians everywhere, quite moderate, loyal, and so on. Having, as a rule, their own officially registered associations within the framework of cultural autonomy. Well done! And Israel! He is the only one with all his "illegal" (and I am for the fact that every nation knows better where its ancestral lands are) territories half the size of the Kostroma region. The total number of Jews worldwide, according to the "Soviet Encyclopedic Dictionary" in 1987, is about 14 million. Meanwhile, the fate of Israel is being preoccupied (it is very instructive how he achieved this!) all the united nations of the world. In the Kostroma Region and its diaspora, it seems to everyone, and especially to its semi-migrant, Varangian leadership. I don't care if they build a public atomic bomb here in the form of a nuclear power plant or not. Because they do not know the value of this land, the greatness of its spirit. Kostroma is a holy land. I will immediately make a reservation that by Kostroma I mean not only the modern region, but the entire area that has ever historically been associated with Kostroma. The USSR is also a part of the great historical Russia. In this sense, even the entire era of the Russian Romanov Empire is the Kostroma region. Or: many toponymic objects of our native land are called mysteriously beautiful: Sharya, Shunga, Shekshema, Sholezhka, - we need to find out what kind of peoples — and where are they now? — we left such euphonious archetypal combinations, because these are our Kostromsky peoples, these are our Kostroma people. Or, say, the classic of American and world sociology Pitirim Alexandrovich Sorokin writes in his autobiographical scientific novel "The Long Way" that he studied at the Khrenovskaya (what a strong word!) teachers' seminary of Kostroma province, but in an administrative row for propaganda activities, gendarmes were taken by sledge to the prison of the city of Kineshma - is this not a fact for Kostroma, and primarily for him, local history, although Kineshma has long been attributed to the Ivanovo region, and Pitirim Alexandrovich is buried on the other side of the planet?! I have not the slightest doubt that Kostroma provided spiritual food, gave birth to and nurtured a huge intellectual diaspora with extremely valuable material on a national, global scale. And this is both in direct and indirect order, in the form of a chain reaction. Apparently, it is easy for an intelligent person to grow up in Kostroma, but it is impossible to live, and somewhere on the contrary. Therefore, it is not surprising that the geneticist academician D. K. Belyaev, who was born in the village of Protasov near Nerekhta, very close to Kostroma, glorified Moscow and Siberia with his discoveries and practical results, which immeasurably enriched the Soviet state treasury with foreign exchange income from the sale of the most valuable fur grown according to the biotechnology developed by him in a much shorter time than it usually turns out in nature. And in Kostroma, most likely, few people know who he is and what he is famous for. I will focus in more detail on one of the aspects of his great life. This happened back in the so-called pre-Perestroika times. In a series of his speeches, Dmitry Konstantinovich, based on the results of his and colleagues' research, emphasized, in his opinion, the determining role of the biological factor in shaping the content of human essence, of course, only in a philosophical, conceptual aspect. For some reason, this was opposed by a geneticist, as they say, persecuted at one time by the "senile" in selectionism (including human nature) by the Michurino-Lysenkoists, academician N. P. Dubinin, which personally remains incomprehensible to me until now. With a grateful curtsey to Academician Dubinin and his point of view, the famous French humanist, member of the Politburo of the French Communist Party Lucien Sav appeared on the pages of the Communist magazine. The material was clearly titled: "Problems are not only scientific, but also political." He very indecently attributed the views of academician Belyaev to "a reactionary ideology that tries to put genetics at its service, and more broadly, biology, in order to present all kinds of social inequalities of all kinds as inherent in nature itself"(1). I would like to see any ideology that does not try to "put this or that at its service," much less something worthwhile... A little later, the editorial of the Communist hit the "biologizers", and soon Dmitry Konstantinovich was gone. In short, it is only on the example of our fellow countrymen that you can write interesting, world-class essays on science and its history, but instead our scientists should fit their global potencies into a page and a half (good yet. if not entirely at their own expense), and then for at least three years to guess whether they will be published or not. Now it no longer surprises me how at one time, when, after reading the listener card I filled out, the sweetest girl from the IPKPON office at USU congratulated me for something. It turned out that the dean of the Faculty of Philosophy of USU, doctor, professor, Honored Scientist, and now academician Konstantin Niko-laevich Lyubutin is a countryman, Kostromsky, or rather Manturovsky by origin, as I write below in the notes — we are Kostromendors. To him, my fellow citizen in the most subtle micropatriotic dimensions, I owe a lot in my professional and social development, even in survival. Because that's how it often turns out: you can be born here, sometimes you can live here... It's very hard. Maybe the Kostroma origin of an outstanding Russian historian of philosophy, organizer of science and education, educator and friend of a galaxy of people devoted to the Motherland and the cause is not a great milestone in the history of the region, but name me at least a dozen Russian cities on the scale of Kostroma, from where such intellectual ones would come out into the world and light luminaries like ours. No matter who you take from the world significance of the pillars of national (and world, and foreign, - even the great Rabbi of Lubavitcher spent three years in exile in a Campfire, — I learned from some foreign voices) history, literature, culture in general, technology, science and so on - you will always find someone, which is very directly related to Kostroma. Pushkin, Lermontov, Gorky. Alexander Nikolaevich Ostrovsky, Pisarev, Uspensky, Katenin, Florensky, Savrasov, Kustodiev, Dyagilev, Mikhalkov, Alexander Alexandrovich Zinoviev; writers, artists, entrepreneurs, revolutionaries, inventors, politicians... In some world-famous for its classic Russian provincialism, Kologriv has been storing, figuratively speaking, unique sketches, if not of Leo-Nardo da Vinci himself, then certainly of his school, almost since the seventeenth century. And not only that. Nevertheless, the well-known Chukhloma to the Fatherland, in addition to thinkers of the rank of Rozanov and Zinoviev (where should domestic philosophers mature and not be born, if not in Chukhloma, Manturov or Khrenknowswhere?), gave an actor of amazing, national, originality — Mikhail Pugovkin, who can not be confused with anyone, a role that no one will repeat. (shrink)

The efficient markets hypothesis has been the central proposition in finance for nearly thirty years. It states that securities prices in financial markets must equal fundamental values, either because all investors are rational or because arbitrage eliminates pricing anomalies. This book describes an alternative approach to the study of financial markets: behavioral finance. This approach starts with an observation that the assumptions of investor rationality and perfect arbitrage are overwhelmingly contradicted by both psychological and institutional evidence. In actual financial markets, (...) less than fully rational investors trade against arbitrageurs whose resources are limited by risk aversion, short horizons, and agency problems. The book presents and empirically evaluates models of such inefficient markets. Behavioral finance models both explain the available financial data better than does the efficient markets hypothesis and generate new empirical predictions. These models can account for such anomalies as the superior performance of value stocks, the closed end fund puzzle, the high returns on stocks included in market indices, the persistence of stock price bubbles, and even the collapse of several well-known hedge funds in 1998. By summarizing and expanding the research in behavioral finance, the book builds a new theoretical and empirical foundation for the economic analysis of real-world markets. (shrink)

We give a complete axiomatization of the identities of the basic game algebra valid with respect to the abstract game board semantics. We also show that the additional conditions of termination and determinacy of game boards do not introduce new valid identities.En route we introduce a simple translation of game terms into plain modal logic and thus translate, while preserving validity both ways, game identities into modal formulae.The completeness proof is based on reduction of game terms to a certain ‘minimal (...) canonical form’, by using only the axiomatic identities, and on showing that the equivalence of two minimal canonical terms can be established from these identities. (shrink)

Mechanisms to ensure the integrity of the system stable evolutionary strategy Homo sapiens – genetic and cultural coevolution techno-cultural balance – are analyzed. оe main content of the study can be summarized in the following the- ses: stable adaptive strategy of Homo sapiens includes superposition of three basic types (biological, cultural and technological) of adaptations, the integrity of the system provides by two coevolutionary ligament its elements – the genetic-cultural coevolution and techno-cultural balance, the system takes as result of by (...) develop- ment of genetic and information technologies by advent of genetic and informa- tion technologies extremely unstable conūguration; a harbinger of a radical change in the mechanisms of global evolution religion is a consequence of structural and functional organization of the human psyche; it played (along with science and technology) the role of socio-cultural adaptation of the human mind are present a number of ideas or concepts (the idea of God, including) the genesis of that ideas is associated with the interaction of two information systems, that appear to each other as information substrates – emotional, and verbal-logical (discursive) forms; evolution of the mentality has two nodes, that corresponding to the dominance of rationalism or religion in spiritual culture; the problem of rational justiūcation of religion in modern science is presented by two alternative methodologies – evo- lutionary epistemological and metaphysical-ontological ones; both methodologies are incompatible in a logical perspective; in the evolutionary epistemological im- pact concept of religion and science are equal and alternative building blocks of a stable evolutionary strategy of Homo sapiens, and their balance sheet pro. (shrink)

The co-evolutionary concept of Three-modal stable evolutionary strategy of Homo sapiens is developed. The concept based on the principle of evolutionary complementarity of anthropogenesis: value of evolutionary risk and evolutionary path of human evolution are defined by descriptive (evolutionary efficiency) and creative-teleological (evolutionary correctly) parameters simultaneously, that cannot be instrumental reduced to others ones. Resulting volume of both parameters define the trends of biological, social, cultural and techno-rationalistic human evolution by two gear mechanism ˗ gene-cultural co-evolution and techno- humanitarian balance. (...) The resultant each of them can estimated by the ratio of socio-psychological predispositions of humanization/dehumanization in mentality. Explanatory model and methodology of evaluation of creatively teleological evolutionary risk component of NBIC technological complex is proposed. Integral part of the model is evolutionary semantics (time-varying semantic code, the compliance of the biological, socio-cultural and techno-rationalist adaptive modules of human stable evolutionary strategy). (shrink)

Dans cet article je présente une analyse critique de l’approche habituelle de l’identité mathématique qui a son origine dans les travaux de Frege et Russell, en faisant un contraste avec les approches alternatives de Platon et Geach. Je pose ensuite ce problème dans un cadre de la théorie des catégories et montre que la notion d’identité ne peut pas être « internalisée » par les moyens catégoriques standards. Enfin, je présente deux approches de l’identité mathématique plus spécifiques: une avec la (...) fibration catégorielle et l’autre avec des catégories supérieures faibles. (shrink)

Consumer boycotts have become a frequent form of social protest in the digital age. The corporate malpractices motivating them are varied, including environmental pollution, lack of minimum labour standards, severe mistreatment of animals, lobbying and misinformation campaigns, collaboration or complicity with illegitimate political regimes, and systematic tax evasion and tax fraud. In this article, I argue that organised consumer boycotts should be regarded as a legitimate and purposeful instrument for structural change, provided they conform to a number of normative criteria. (...) In order to show this, the practice and empirical context of consumer boycotts are first outlined. I then lay out and refute three general objections to this practice. Although each of these objections fails, their discussion generates insights concerning the normative standards with which boycotters must comply if they want their campaigns to be both legitimate and successful. These normative criteria are detailed along the lines of two guiding principles, proportionality and transparency. In the final step, I elaborate on structural change as the deeper purpose of consumer boycotts. (shrink)

English summary: Was Paul of Tarsus a philosopher? Does he even rank amongst those philosophers who influenced occidental live and thought? The Italian philosopher Giorgio Agamben says, that the Epistle to the Romans is the fundamental messianic text of the western culture. The Jewish scholars Jacob Taubes and Daniel Boyarin insist on the philosophical and political Force of Pauline thinking. Long before that, Friedrich Nietzsche and Martin Heidegger dealt intently with the Epistle. Was Paul a Philosopher? In any case he (...) received a lot of attention from the modern philosophers. The collection of contributions by theologians and philosophers gives profound insights into his thinking. German description: War Paulus aus Tarsus ein Philosoph? Zahlt er gar zu jenen bedeutenden Philosophen, die das abendlandische Leben und Denken massgeblich mit pragten? Der italienische Philosoph Giorgio Agamben bezeichnet jedenfalls den Romerbrief des Apostels als "grundlegenden messianischen Text der westlichen Kultur". Nachdrucklich weisen auch judische Gelehrte wie Jacob Taubes und Daniel Boyarin auf die philosophisch-politische Sprengkraft paulinischen Denkens hin. Lange zuvor setzten sich bereits Friedrich Nietzsche und Martin Heidegger intensiv mit den Briefen des Apostels auseinander. War Paulus ein Philosoph? In jedem Fall geniesst er unter den Philosophen der Moderne und Spatmoderne eine bemerkenswert grosse Aufmerksamkeit. Die hier versammelten Beitrage von Philosophen und Theologen geben einen profunden Einblick in sein denkerisches Potential. (shrink)

In her recent paper, “A Defense of Substance Causation,” Ann Whittle makes a case for substance causation. In this paper, assuming that causation is a generative or productive relation, I argue that Whittle’s argument is not successful. While substances are causally relevant in causal processes owing to outcomes being counterfactually dependent upon their role in such occurrences, the real productive work in causal processes is accomplished by the causal powers of substances.

_The Routledge Companion to the Philosophy of Law_ provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, (...) making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects._ The Routledge Companion to the Philosophy of Law_ promises to be a valuable and much consulted student resource for many years. (shrink)

This article presents the story of S. A. Yanovskaya's epiphany—particularly, her shift from hard-line communist orthodoxy and hostility towards ‘bourgeois minded’ Soviet-Russian mathematicians to vigorous support of mathematical logic. In light of this evidence, S. A. Yanovskaya (1896–1966) may be considered as a spiritual leader and administrative founder of modern mathematical research and education in the USSR/russia.

In some recent work on omissions, it has been argued that the causal theory of action cannot account for how agency is exercised in intentionally omitting to act in the same way it explains how agency is exercised in intentional action. Thus, causalism appears to provide us with an incomplete picture of intentional agency. I argue that causalists should distinguish causalism as a general theory of intentional agency from causalism as a theory of intentional action. Specifically, I argue that, while (...) intentional actions may best be understood as the causal products or outcomes of causings, we should identify exercises of intentional agency with causal processes. With a causalist account of intentional agency sketched, I respond to the challenge to causalism from omissions. I argue that when an agent intentionally omits there is a causal process that has a zero-sum outcome. But the causal process is sufficient to make it true that the agent exercises intentional agency in intentionally omitting. (shrink)

The new phase of science evolution is characterized by totality of subject and object of cognition and technology (high-hume). As a result, forming of network structure in a disciplinary matrix modern are «human dimensional» natural sciences and two paradigmal «nuclei» (attraktors). As a result, the complication of structure of disciplinary matrix and forming a few paradigm nuclei in modern «human dimensional» natural sciences are observed.

We propose a qualitatively new kind of governance for the emerging need to efficiently guide the densely interconnected, ever more complex world development, which is based on explicit and openly presented problem solutions and their interactive implementation practice within the versatile, but unified professional analysis of complex real-world dynamics, involving both the powerful central units and the attached creative worldwide network of professional representatives. We provide fundamental and rigorous scientific arguments in favour of introduction of just that kind of governance (...) at the modern development stage, after the complexity threshold in the real world dynamics evolution (sometimes intuitively designated as "globalisation"), where the traditional spontaneous-empirical kind of development and related administrative governance lose dramatically and inevitably their efficiency and the necessity of explicit consistent understanding and guidance of complex real-world dynamics becomes evident. (shrink)

This paper investigates logical aspects of combining linear orders as semantics for modal and temporal logics, with modalities for possible paths, resulting in a variety of branching time logics over classes of trees. Here we adopt a unified approach to the Priorean, Peircean and Ockhamist semantics for branching time logics, by considering them all as fragments of the latter, obtained as combinations, in various degrees, of languages and semantics for linear time with a modality for possible paths. We then consider (...) a hierarchy of natural classes of trees and bundled trees arising from a given class of linear orders and show that in general they provide different semantics. We also discuss transfer of definability from linear orders to trees and introduce a uniform translation from Priorean to Peircean formulae which transfers definability of properties of linear orders to definability of properties of all paths in trees. (shrink)

The co-evolutionary concept of tri-modal stable evolutionary strategy (SESH) of Homo sapiens is developed. The concept based on the principle of evolutionary complementarity of anthropogenesis: value of evolutionary risk and evolutionary path of human evolution are defined by descriptive (evolutionary efficiency) and creative-teleological (evolutionary correctness) parameters simultaneously, that cannot be instrumental reduced to others ones. Resulting volume of both parameters define the vectors of human evolution by two gear mechanism ˗ genetic and cultural co-evolution and techno-humanitarian balance. Explanatory model and (...) methodology of evaluation of creatively teleological evolutionary risk component of NBIC technological complex is proposed. The mechanism of influence of each module on the evolution of the two remaining modules of SESH a priori can be twofold: (1) informational co-evolution (direct selective pressure); (2) semantic co-evolution (time-varying semantic code, the compliance of the biological, socio- cultural and techno-rationalist adaptive modules of human stable evolutionary strategy). More rapidly evolving autonomous element of the co-evolutionary pair becomes making sense factor for the partner. Semantic co-evolution is the discrete acquisition of adaptive significance of individual alleles by changing socio-cultural types, manifested as an increase in the genetic variability of populations of Homo sapiens, and domesticated species parallel to socio-culturogenesis. The socio- cultural landscape leads to drastically difference of direction in biological evolution of Atlantic and East-Slavic ethnicities/civilizations. (shrink)

From Chernobyl to Fukushima, it became clear that the technology is a system evolutionary factor, and the consequences of man-made disasters, as the actualization of risk related to changes in the social heredity (cultural transmission) elements. The uniqueness of the human phenomenon is a characteristic of the system arising out of the nonlinear interaction of biological, cultural and techno-rationalistic adaptive modules. Distribution emerging adaptive innovation within each module is in accordance with the two algorithms that are characterized by the dominance (...) of vertical (transgenerational) and horizontal (infection, contagion) adaptive streams of information, respectively. Evolutionary risk is the result of an imbalance of autonomous adaptive systems have an essential attribute of adaptibe strategy of Homo. Technological civilization inherent predisposition to overcome their dependence on biological and physical components. This feature serves as an enhancer of the evolutionary generating conjugate with the scientific and technological development risk We can assume the existence of an intention of Western mentality to a high priority (positive or negative) of technological modifications micro-social environment and post- Soviet (East Slavic) mentality to modification of macro-social system. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

The phenomenon of rationalism and irrationalism, contextually related to the transformation methodology and the social function of modern (post-industrial) science – social verification, interpretation and knowledge, etc., are analyzes.

The new phase of science evolution is characterized by totality of subject and object of cognition and technology (high-hume). As a result, forming of network structure in a disciplinary matrix modern are «human dimensional» natural sciences and two paradigmal «nuclei» (attraktors). As a result, the complication of structure of disciplinary matrix and forming a few paradigm nuclei in modern «human dimensional» natural sciences are observed. In the process of social verification integration of scientific theories into the existent system of mental (...) and valued options of spiritual culture takes place. The attribute of classical science – ethics neutrality of scientific knowledge becomes an unattainable ideal. One of the trends in the evolution of theoretical epistemology is the study of migration mechanisms of generation of scientific knowledge from the sphere of its own logic and methodology of science in the field of sociology - the consideration of this process, as the resulting system of interactions of social structures and institutions. Ensuing ideas and settings become the dominant worldview of philosophical and technological civilization. -/- . (shrink)

The stable evolutionary strategy of Homo sapiens and patterns of risks arising in the course of this evolution were discussed in article. These patterns were predicted by Bogdanov’s option of General systems theory.

The learning process of both students and teachers can be predicted based on the learning mode. Therefore, because of the COVID-19 pandemic, schools must start using online learning and abandon more traditional teaching techniques. Thus, this study investigates the relationship between self-efficacy and academic resilience among 150 senior high school students. Thus, the researchers employed General Self-Efficacy and Resilience Scale. Finally, the statistical analysis reveals that the r coefficient of 0.78 indicates a high positive correlation between the variables. The p-value (...) of 0.00, which is less than 0.05, leads to the decision to reject the null hypothesis. Hence, a significant relationship exists between self-efficacy and resilience among senior high school students. (shrink)

This book aims to inscribe the prominent Soviet semiologist Yuri Lotman into the analysis of political forms and components of power as seen from the context of various Russian-European encounters.

We propose a generalization of Sahlqvist formulae to polyadic modal languages by representing modal polyadic languages in a combinatorial style and thus, in particular, developing what we believe to be the right approach to Sahlqvist formulae at all. The class of polyadic Sahlqvist formulae PSF defined here expands essentially the so far known one. We prove first-order definability and canonicity for the class PSF.

Modern genetics becomes a bridge between the natural sciences, humanities and social practtoon the social life of biomedicine and genetics this branch of science makes these branches of science by comparable in their socio-forming role to politics and economics factors. The research objective of this paper is theoretical analysis of social and cultural challenges posed by the development of basic genetics and genetic technologies. The problems of this book may be attributed to the new field of science, formed at the (...) intersection of genetics and sociology, which was called "social Genetics" (community genetics). In the field of philosophy and methodology of science, its goal is a comparative historical-scientific and philosophical and methodological analysis of general mechanisms of evolution of the dual socio-cultural and scientific paradigms. (shrink)

If all dependent expressions were adjacent some variety of immediate constituent analysis would suffice for grammar, but syntactic and semantic mismatches are characteristic of natural language; indeed this is a, or the, central problem in grammar. Logical categorial grammar reduces grammar to logic: an expression is well-formed if and only if an associated sequent is a theorem of a categorial logic. The paradigmatic categorial logic is the Lambek calculus, but being a logic of concatenation the Lambek calculus can only capture (...) discontinuous dependencies when they are peripheral. In this paper we present the displacement calculus, which is a logic of intercalation as well as concatenation and which subsumes the Lambek calculus. On the empirical side, we apply the new calculus to discontinuous idioms, quantification, VP ellipsis, medial extraction, pied-piping, appositive relativisation, parentheticals, gapping, comparative subdeletion, cross-serial dependencies, reflexivization, anaphora, dative alternation, and particle shift. On the technical side, we prove that the calculus enjoys Cut-elimination. (shrink)

The relationship between law and morality has for some years been the object of a new investment by legal doctrine, in search of a new balance between individual freedom on the one hand, and the assertion of rights or values seen as imperative, as well as dignity or the principle of non-discrimination, on the other. In this article is proposed a modelling of the concepts of neutrality attached to the definition of public order, whose potentialities are in a second time (...) tested in the field of the treatment of religion in the enterprise. (shrink)

This mixture of prose and poetry is the result of reflections on a study trip to Cuernavaca, Mexico. The prose provides the context and theological reflection on the experience, whereas the poetry is an attempt to communicate the plight and yet nobility of those whom I encountered. Part of our encounter with the indigenous people was to visit families and to hear their profoundly moving stories. The poetry published here is an attempt to do justice to and to share their (...) stories. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

Tommie Shelby articulates a nonideal theory of black US ghettos that casts them as consequences of an intolerably unjust institutional structure. I argue that, despite some of its significant merits, Shelby’s theory is weakened by his rejection of integration as a principle for reforming disadvantaged ghettos and correcting structural injustices in the US. In particular, I argue that Shelby unwarrantedly downplays the socio-economic efficiency of integrationist policies and fails to consider some of the ways in which integration might count as (...) a duty of justice. (shrink)