The Constitution of the Republic of Lithuania1 determines that both parents have to maintain their minors, while the state has to establish conditions under which parents would be able to do their duties, i.e. undertakes responsibility to maintain the children who lack the maintenance from their parents. Latter obligations are concretized in the Civil Code of the Republic of Lithuania2 (3.192–3.204 art.). It also anticipates the principles under which the child’s maintenance should be provided, its forms, size criteria and the (...) definition of its use and control. There is a theory that when parents are not able to fully perform the duty to maintain their children, the guarantees of the child’s constitutional rights oblige the State to secure quick reception of necessary financial support from other resources. Considering the existing social, economic, legal and other changes and sustaining both the analysis of court practice and doctrine attitude the article analyses present topicality concerning children maintenance, i.e. correspondence between child’s needs, parent’s wealth status and the prosecution of court’s decision, the correlation of state’s duty to children maintenance and parent’s responsibility, the peculiarities of majors maintenance. (shrink)

Under the market economy, a contract serves as the main regulatory instrument of mutual rights and obligations of private law subjects. Many different types of contracts allow people to satisfy their needs and to achieve the desired results. Most contracts are concluded subject to established common criteria, yet almost every type of contract has also its own specifics. The article examines the marriage contract with its particular features (subjects, content, etc.) and analyses its complex nature and its main purpose. The (...) institution of marriage contract is relatively poorly covered by academic research in Lithuania (academic papers on legal science provide only patchy analysis of these contracts); case law in the resolution of arguments originating from such contracts is also limited and thus not completely established. Despite controversial attitudes towards the purpose of marriage contract, the numbers of concluded prenuptial and postnuptial agreements increase from year to year, i.e. more and more individuals express their will to specify the content of property obligations and to define the legal regime of property. These contracts are usually concluded to avoid unpredictable division of property in case of divorce and to protect family members against possible future claims of third parties (creditors). Bearing in mind that legal provisions governing marriage contracts are subject to diverse interpretation, analysis of this institution appears timely and relevant. (shrink)

On the basis of an interdisciplinary approach linking taxation, marketing, and corporate social responsibility, the present research investigates the effects of media reports on aggressive and responsible corporate tax strategies (CTSs) on corporate success with consumers. By means of two laboratory experiments (N = 150, 360), we analyze the effects of the CTSs on corporate reputation, consumer purchase intention, and the consumer’s willingness to pay. Our results suggest that aggressive CTSs diminish corporate success with consumers, whereas responsible CTSs enhance it. (...) Nevertheless, consumers are not willing to pay a price premium for products sold by responsible tax-planning companies, but rather punish aggressive tax-planning companies through a slightly lower willingness to pay. Finally, consumers’ tax morale and their attitude toward tax avoidance are important moderating variables. Given the growing level of media interest in taxation, our findings are crucial for assessing consumer-related non-tax costs and the benefits of different CTSs. (shrink)

This book draws new connections between twentieth-century German and French film theory and practice and vitalist conceptions of life from biology and philosophy. Inga Pollmann shows how the links between the two created a modernist, experimental, and cinematic strand of vitalism in and around the movie theatre. Articulated by film theorists, filmmakers, biologists and philosophers, this cinematic vitalism maps out connections among human beings, milieus, and technologies that continue to structure our understanding of film.

Intercultural discourse (especially via a lingua franca when interlocutors have a false impression that they are speaking one and the same language) adds a new dimension – facework (the establishment of culture-sensitive politeness strategies) – to the theory and practice of argumentation from a number of perspectives: its specificity as compared to ordinary argumentational discourse, the interpretation of the concept of incommensurability, and the conduct of international negotiations. Politeness systems relevant for different cultures are not unpredictable, but represent linguistically and (...) cognitively a highly generalised universal system which can be adopted by interlocutors and used in practical discourse. Politeness expressions are governed by linguistic components – by language forms of a certain type and by specific discourse patterns. The proper choice of language forms and discourse patterns adds a special dimension to argumentative schemata. The politeness-relevant packaging of discourse adds a zero-step to the normative stages of an argumentative discussion (establishing hierarchical relations as such), and needs permanent alignment of these relations, by using correct language forms and discourse patterns. (shrink)

In this article the main focus is to analyse and present the Works of Love by Søren Kierkegaard, and through the critique of Adorno, illustrate the perspective of love that is present in Kierkegaards text, and in doing so I will try to reestablish and widen the concept of charity. I will argue that the lack of a societal surrounding Adorno is highligning, is precisely what makes Kierkegaards concept of love that robust, and it is necessary in the argumentation for (...) establishing a concept of charity that contains equality between human beings. Is the essence of love expressed through our ability to value and treat other human beings in mcuh the same way, to look beyond their individual characteristics and love the person unconditionally? Or is it rather the case that because of the individual characteristics of a human -being, we are capable of loving it? To offer charity, do you then have the ability and will to act according to it, or is charity to be understood primarily in a historical context and at a certain place? These questions will be adressed in this article. (shrink)

World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with WTO rules, even if the DSB (...) had previously declared the EU legislation to be incompatible with those rules. The position of the ECJ is based on the WTO dispute settlement system specifics—the importance of the negotiation between the parties, even after the DSB decision-making and lack of reciprocity, which means that major commercial partners of the EU does not recognize the direct effect of DSB decisions. (shrink)

Sensory dysfunction has been shown to be a part of the pathophysiology of schizophrenia. Nowadays we have an objective, non-invasive tool with which to measure neural manifestations of sensory dysfunction. Defined as time-locked changes to external stimuli in the EEG, event-related potentials (ERPs) provide an objective index of information processing in the human brain. Importantly, ERPs may be analyzed through a variety of approaches such as conventional ERP analysis, analysis in the time-frequency domain, microstate segmentation and topographical analysis, as well (...) as source localisation analysis. Each of the methods gives distinct information; they also supplement each other. Here, an attempt is made to verify the validity of combining different approaches to study sensory dysfunction in neuropsychiatric disorders. For example, the data from a schizophrenic patient and an age- and sex-matched healthy subject generate a picture of the events which emerges after visual, proprioceptive and simultaneous presentation of stimuli in both modalities. This approach, though time-consuming, allows the visualisation of changes appearing in the malfunctioning brain as compared to the healthy brain. These methods could ultimately lead to a better establishment of one or more endophenotypes for the schizophrenic disorders. They might also serve as a way to track changes in response to various medications and therapies. (shrink)

The article follows dynamic changes and evolutions in the history of research theories in the field of humanities. It begins with an analysis of studies on group identity, and drawing from ideas by Ewa Domanska, it employs the metaphor of the see as the space in which one can navigate for new themes and ideas. A special importance is attached to the concept of autobiography, especially in reference to the researcher’s life and experience. Boleslaw Prus’s The Doll and its critical (...) reception offers a good case study to illustrate this approach of analysis which draws on private lives of interpreters and critics. The influence of autobiography on literary theory is analysed using Susan Faludi’s Backlash and In the Darkroom. (shrink)

Die Subjektivitat ist das ureigene Grundthema der Phanomenologie. Allerdings kann die Phanomenologie die Subjektivitat nicht zum Thema machen, ohne die Frage nach der Intersubjektivitat zu stellen. Beide Problemfelder sind derart aufeinander bezogen, dass sie nicht unabhangig voneinander behandelt werden konnen. Die Phanomenologie aber eignet sich besonders gut dazu, die Art und Weise der Zusammengehorigkeit von Subjektivitat und Intersubjektivitat zu erforschen, weil sie nicht von vornherein eine ubergreifende Vernunft oder einen allumfassenden Geist zugrunde legt. Vielmehr macht sie gerade die Singularitat des (...) einzelnen Subjekts und sein einmaliges Verhaltnis zu den ebenso singularen Mitsubjekten zum Problem. Diese Einsicht liegt den funfzehn Beitragen des vorliegenden Sammelbandes zugrunde. Dirk Fonfara, Michela Summa, Irene Breuer, Walter Schweidler, Michael Wallner, Alice Pugliese, Meike Siegfried, Anna Orlikowski, Thiemo Breyer, Antonio Cimino, Jesus Guillermo Ferrer Ortega, Christian Rossner, Daniel Biro, Inga Romer und Klaus Held gehen in ihren Beitragen der Frage nach der Subjektivitat und ihrer Bezogenheit auf die Intersubjektivitat aus verschiedenen Perspektiven nach. Dabei kommt immer wieder eine Spannung zwischen den beiden Grundbegriffen zum Vorschein, deren Bedeutung und Reichweite ausgelotet wird. (shrink)

Anleitungen zur Selbstperfektionierung wurden geschrieben, um für eine radikale Lebensreform zu werben. Die Kommunikation unter den Reformbefürwortern erfolgte über Schreiben, Lesen und Diskutieren, um Praktiken, Kenntnisse und den Zusammenhalt zu fördern. Da es nur wenigen gelang, sich zeitlebens einem entsagungsvollen Lebensstil zu unterziehen, erwachten immer wieder Bewegungen, die aufs Neue Ängste und Hoffnungen der Menschen artikulierten und zeitgemäße Rezepte für ein glücklicheres Leben lieferten. Ältere Schriften wurden von späteren Generationen verarbeitet und neu interpretiert. Waren die Anleitungen überzeugend, förderten sie über (...) längere Zeit soziokulturelle Prozesse innerhalb der Gesellschaft. Zunächst radikal scheinende Forderungen wurden schließlich allgemein anerkannt. (shrink)

Die über viele Jahrhunderte erteilten Ratschläge zur Askese wurden von denjenigen befolgt, die sich nach Perfektion sehnten und ein ideales Leben im Diesseits wie im Jenseits anstrebten. Dieses menschliche Sehnen ist das eigentliche Movens, das Körper und Geist zu einem asketischen Dasein (ver)führt. Auf die beiden Frauenbewegungen des 3./4. Jahrhunderts und des 12./14. Jahrhunderts trifft dies zu. Die Intensität und Größenordnung dieses Aufbruchs verdanken sie weiblicher Kreativität und Emotionalität, hingebungsvollem Ringen um Gottes Liebe und einer ganz besonderen Spiritualität. Religio bedeutet (...) Bindung an etwas oder an jemanden. Die Religiosae suchten voll Fantasie, Hoffnung und Glauben die Bindung an Christus. Dabei galt immer die Verheißung des Basilius Caesariensis: „Let us die that we may live“. (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)

The increasing focus on disability rights—as found, for instance, in the U.N. Convention on the Rights of Persons with Disabilities —challenges philosophical imaginaries. This article broadens the philosophical imaginary of freedom by exploring the relation of dependence, independence, and interdependence in the lives of people with disabilities. It argues that traditional concepts of freedom are rather insensitive to difference within humanity, and that the lives of people with severe disabilities challenge philosophers to argue and conceptualize freedom not only as independence (...) and interdependence but also as dependence. After tracing this need through a Hegelian understanding, via Julia Kristeva's work on disability, and finally the CRPD, it concludes that a unified solution might not be possible. Hence, it argues that disability issues necessitate philosophical modesty. (shrink)

Two recent arguments purport to find a new and firmer foundation for evidentialism in the very nature of the concept of belief. Evidentialism is claimed to be a conceptual truth about belief, and pragmatism to be ruled out, conceptually. But can the conclusion of such conceptual arguments be regarded as the denial of pragmatism? The pragmatist traditionally conceived belief through its motivational role. Therefore, when confronted with conceptual evidentialism, the pragmatist should cede the term ‘belief,’ but insist that pragmatism be (...) understood as a claim about another attitude, a motivational duplicate of belief. Thus, the original dispute is simply relocated terminologically. (shrink)

This article aims to deepen the understanding of courage through a theoretical analysis of classical philosophers’ work and a review of published and unpublished empirical research on courage in nursing. The authors sought answers to questions regarding how courage is understood from a philosophical viewpoint and how it is expressed in nursing actions. Four aspects were identified as relevant to a deeper understanding of courage in nursing practice: courage as an ontological concept, a moral virtue, a property of an ethical (...) act, and a creative capacity. The literature review shed light on the complexity of the concept of courage and revealed some lack of clarity in its use. Consequently, if courage is to be used consciously to influence nurses’ ethical actions it seems important to recognize its specific features. The results suggest it is imperative to foster courage among nurses and student nurses to prepare them for ethical, creative action and further the development of professional nursing practices. (shrink)

In seinem neuen Buch vertieft Steven Crowell seine Auffassung der Phänomenologie als Transzendentalphilosophie, die es mit dem normativen Raum des Sinnes (space of meaning) zu tun habe (vgl. Crowell 2001). Sowohl Husserl als auch Heidegger führen aus seiner Sicht innerhalb der Phänomenologie die kantische Tradition der Transzendentalphilosophie weiter, indem sie der Frage nach den „transzendentalen Bedingungen der Konstitution oder Enthüllung des Sinnes“ (S. 1) nachgehen.Vgl. auch den von Steven Crowell mit herausgegebenen Band Transcendental Heidegger (2007). Da der Sinn aber Crowell (...) zufolge Normativität impliziert, hat die von ihm vertretene phänomenologische Transzendentalphilosophie einen neukantianischen Zug (vgl. S. 10). Von den vier Teilen des Buches befassen sich die ersten beiden im Wesentlichen mit Husserl, während der dritte und vierte Teil auf Heidegger eingehen. Dieser Aufbau begründet sich dadurch, dass Crowell anstatt des Bruches vielmehr die Kontinuität zwischen Husserl. (shrink)

Contrasting its author’s microhistorical approach with other historical methodologies, especially that of Keith Thomas, Clendinnen praises Kirsten McKenzie’s A Swindler’s Progress: Nobles and Convicts in the Age of Liberty for deftly tying the apparently idiosyncratic stories of a transported convict and the noble family whose scion he impersonated to more pervasive dynamics in nineteenth-century British imperial culture.

Two modes of reasoning are used by humans – the `theoretical' (formal) and the `empirical' (non-formal), the first operating with inside-the-syllogism information, the second utilising out-of-the-syllogism information. Cross-cultural research (since Lévy-Bruhl, and especially after Luria) and developmental research (since Piaget) discovered respectively that members of `traditional' societies and children up to a certain age are able to operate only in the empirical mode.The paper brings together diverse discussions about usage of these modes in actual discourse (Ennis, Johnson-Laird, Moore, Olson, Ong, (...) etc.). It concentrates on contradictory opinions as to whether contemporary individuals after they acquire the formal mode preserve and utilise the empirical mode. In this connection it discusses results of neurological experiments investigating performance in solving syllogisms under conditions of transitory suppression of the left or the right hemisphere (Deglin et al.) which demonstrated that one and the same person, depending on which hemisphere is suppressed, uses both strategies. The activated right hemisphere utilizes the `empirical' pattern, the activated left hemisphere utilizes the `logical' pattern. Thus both mechanisms of reasoning are present in the brain simultaneously, but each of them is controlled by different hemispheres. (shrink)

This research investigates the impact of corporate tax strategies on consumers’ corporate social responsibility perceptions, willingness to pay, and attitude toward the firm in two laboratory experiments in the United States and Germany. Using the Becker–DeGroot–Marschak incentive-compatible mechanism, which avoids a social desirability bias found in prior research, our results indicate only a minor indirect effect of corporate tax strategies on WTP by way of the mediator CSR perceptions. However, we find a strong effect on attitude toward the firm again (...) mostly mediated by CSR perceptions. In contrast to German consumers, U.S. consumers’ CSR perceptions of tax avoidance are independent of whether a strategy is likely accepted by the tax authorities. Overall, we conclude that CSR perceptions are highly relevant when it comes to consumer responses to tax avoidance. (shrink)

This book examines philosophical approaches to linguistic vagueness, a puzzling feature of natural language that gives rise to the ancient Sorites paradox and challenges classical logic and semantics. -/- The Sorites, or Paradox of the Heap, consists in three claims: (1) One grain of sand does not make a heap. (2) One billion grains of sand do make a heap. (3) For any two amounts of sand differing by at most one grain: either both are heaps of sand, or neither (...) one is. The third claim is rendered plausible by an initial conviction that vague predicates like ‘heap’ tolerate small changes. However, the repeated application of a tolerance principle to the second claim yields the further proposition that one grain of sand does make a heap – which contradicts claim number one. Consequently, many philosophers reject or modify tolerance principles for vague predicates. -/- Inga Bones reassesses prominent responses to the Sorites and defends a Wittgensteinian dissolution of the paradox. She argues that vague predicates are, indeed, tolerant and discusses how this finding relates to the paradox itself, to the notion of validity and to the concept of a borderline case . (shrink)

What does “belonging to nature” mean today and how can children and young people be inspired to experience this? What basic dilemmas and challenges arise between the requirement for critical thinking on the one side, and the experience of belonging and coexisting in nature on the other? In this article we will scrutinize the ideal of rational arguments and norms as stated in current policy documents and discuss how this best can promote curiosity and wonder, as well as a sense (...) of relatedness and responsibility with nature that can inspire normative actions, We claim that critical thinking informed by a value-based ecology is needed to reveal the hidden curriculum of sustainable education; that is, a loss of “holistic” view in the footsteps of scientific diversification, a lack of curiosity and training of critical thinking, and a “denial of nature” characterized by a missed opportunity to raise the urgent attention towards environmental risks, that today should be a main mission in natural science education. (shrink)

The fascination of beauty has given rise to a long-standing European philosophical tradition on the idea of beauty the beginnings of which link back to ancient Greek mythology. However, at the dawn of Modernity the discourse on beauty slowly disappeared from theory and philosophy. While classical tradition dealt with the many and varied aspects of beauty in relation to cosmos, man's way of life, education and the arts, modern theory trivialized the idea of beauty and finally abandoned the topic. This (...) book is an attempt to put beauty on the agenda again by reviewing the very origin of this ancient idea. The reflections on beauty and the ugly are present already in Homer's mythology, and these ideas are further developed and refined in Plato's philosophy. Also Cicero is guided by the Greek legacy in his approach to life, rhetoric, and beauty. The examination of the ancient sources shows the profound knowledge, the elegance, the charm and wit present in ancient thinking. Instead of being just history, these sources hold sound counselling highlighting the importance of beauty. In this way the ancient legacy constitutes a challenge to the arrogance of modern thinking. (shrink)

The article provides proof that the concept of time articulated in Russian philosophy of the nineteenth century was very close to the understanding of time in the philosophy of Henri Bergson. This explains the close attention of Russian culture to the philosophical system of the French thinker at the beginning of the twentieth century. It also allows us to hypothesize about the possible influence of the ideas of Russian philosophers of the late nineteenth century on Bergson. Bergson’s most original idea (...) is the recognition of the metaphysical primacy of the subjective, inner time of the human in relation to physical time. In physical time, only the moment of the present has real existence; in internal time, designated by Bergson as duration, all moments of the past are preserved as real, and this is expressed by memory. Internal time turns out to be the spiritual Absolute from which the entire material world originates. A very similar metaphysical concept is presented in Pyotr Chaadaev’s Philosophical Letters. According to Chaadaev, each person is directly involved in the spiritual Absolute, which has the characteristic of integral time. In this time, all moments are in unity, and there is no division into the past, present, and future; this division arises only in the time intrinsic to the material reality that originates from the spiritual Absolute. In the religious teaching of Leo Tolstoy, personality is defined as the appearance of God within the limits of material existence, so a person is simultaneously involved in the earthly physical time and absolute time, which manifests itself through memory. The article concludes that Bergson’s ideas determined the most important features of Russian avant-garde culture of the twentieth century; in particular, thanks to them, the opposite trends of Russian thought were brought to unity: metaphysics of pan-unity and personalism. (shrink)

The question of a «subject» appears in a new way in the context of a «third type» of phenomenon, introduced explicitly by a French philosopher Jean-Luc Marion. His idea of saturated phenomenon opens a discussion about the possibility and way of cognition with regard to the saturated phenomenon as well as the one who manages to receive it – the givee. I chose to approach this question through the aspect of cognition, since it is so radically transformed in this perspective, (...) which can be called as phenomenology of givenness. First I shortly introduce the scene of action by sketching the concept of the saturated phenomenon and its incompatibility with the traditional concept of cognition (or knowledge). Ken the problem of cognition in the context of saturated phenomenon is addressed by a double analysis: that of the recipient of such givenness and a particular case of the saturated phenomenon – the face as icon. Ways in which the encounter with the saturated phenomenon retains the right to be called cognition are explicated, as well as the way in which it is incompatible with conceptual knowledge. Ke role and status of the one who knows, i. e. transformation from «subject» to the givee, is also discussed. (shrink)

In this article the phenomenon of an icon (as described by Jean-Luc Marion) is considered in relation with its media of appearance. Asking whether it can appear and be recognized as such in any medium or only in “iconic” media, attention is directed towards electronic media, namely the television, film and computer screens. The main question is whether “crossing of gazes” and recognition of the face is possible on screen. If not, the screen remains univocally a medium of an idol. (...) -/- Relation of an invisible icon to its medium (or environment) is found to be twofold: on the one hand, an icon itself is of ‘mediatic’ structure, since it implements the “medium is the message” phrase, given by Marshall McLuhan. The visible side of an icon is fully subservient to its invisible message – in other words, it becomes its message. On the other hand, an icon uses some kind of (additional) medium for its appearing. The medium can become an obstacle or a means due to its capabilities of presenting a situation of image and certain image logic with it. -/- Although, J.-L. Marion is strictly sceptical about the possibilities of audio-visual technologies to transmit the phenomenon of the face, several occasions for a doubt and further investigation are found. Firstly, the liberation from the status of an idol to a certain extent and hence a suggestion of an icon is found where the ‘content’ of the medium reveals the medium itself. Thus, it enables recognising the image as image and implies the segmentation of ‘layers’ of images. Secondly, strong suggestion of the face of the other addressing me (the viewer) personally is observed in the situation of accepted prayer. However, this possibility is only discovered in examples and it is still lacking theoretical background. Except of this, the screen remains a medium which ‘filters out’ the phenomenon of an icon. -/- On the whole, at least a suggestion of an icon is thought to be able to use the screen as its medium. (shrink)

This thesis aims to challenge the position of a philosopher who thinks that claiming to have a "fictionalist attitude" towards, for example, mathematics, allows him, under certain conditions, both to maintain that mathematics is not true and to use it as one ordinarily would, without offering a paraphrase for it or regarding it as mere symbol-manipulation. The motivation for this position runs along the following lines. Mathematics purports to refer to numbers. Positing existence of such entities is deemed undesirable. Nevertheless, (...) abandoning mathematics altogether is not feasible, and giving a metaphysically attractive paraphrase---exceedingly difficult. Although the proponent of this position is aware of the potential charge of "doublethink" associated with similar views, he does not see his account as vulnerable insofar it satisfies certain conditions. ;The problem presented in this dissertation for such an approach is intended to be quite general. Although we talk mainly about numbers, it is simply for ease of exposition. ;First of all, it can't be too easy to claim to not believe a given content---this can't be a philosopher's ticket to the kind of wholesale scepticism that appears to simply shift the meanings of the words. In order to avoid that, however, one is obliged to give an account of the avowed "fictionalist attitude" which would make it clear that this attitude couldn't simply replace belief more or less across the board. In facing this challenge, one finds that while the contrast between this attitude and genuine belief is easy to account for in a range of familiar cases, still, in cases of philosophical interest , it becomes difficult to make sense of the contrast. To substantiate these claims, a number of tentative accounts are considered, and it is shown that for each one there comes a point when the contrast "collapses". In light of that discussion it becomes prima facie plausible to suppose that there simply is no contrast to be drawn for, e.g. , one's attitude to numbers. The implications of this are very briefly considered in the final chapter. (shrink)

Pour paraphraser une célèbre formule de Heidegger, l’on pourrait dire que la nature appartient à ce qui nous est le plus proche, et en même temps, qu’elle demeure parmi ce qui nous est le plus éloigné. Cette situation paradoxale relève semble-t-il d’une tension constitutive : d’un côté, la nature est, par rapport à nous, en vis-à-vis, et peut ainsi devenir l’objet de notre analyse ; d’un autre côté, nous sommes nous-mêmes des êtres naturels, qui, en tant qu’êtres pensants, sommes enracinés (...) da... (shrink)

Clendinnen, Inga I want to begin with the question 'what is a humanist?' largely because you answered that question superbly and succinctly with your Australian Humanist of the Year choice last year.

Fictionalists claim that instead of believing certain controversial propositions they accept them nonseriously, as useful make-believe. In this way they present themselves as having an austere ontology despite the apparent ontological commitments of their discourse. Some philosophers object that this plays on a distinction without a difference: the fictionalist’s would-be nonserious acceptance is the most we can do for the relevant content acceptance-wise, hence such acceptance is no different from what we ordinarily call ‘belief’ and should be so called. They (...) conclude that it is subject to the norms applicable to paradigmatic empirical beliefs, and hence, pace fictionalists, ontological commitments must be taken seriously. I disentangle three strands in the objector’s thought: the ‘What more can you ask for?’ intuition, a linguistic/ conceptual claim, and a claim about norms. I argue that the former two are compatible with ontological deflationism, and therefore do not entail applicability of the norms. Nevertheless, if indeed there is no more robust acceptance with which to contrast the supposed nonserious acceptance, then the fictionalist’s claim to austere ontology must be abandoned. Is there a reason to suppose there is any merit to the distinction-without-a-difference charge? I argue that there is, clarify it, and defend against objections, focusing on Daly 2008. (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)