The use of AI algorithms in criminal trials has been the subject of very lively ethical and legal debates recently. While there are concerns over the lack of accuracy and the harmful biases that certain algorithms display, new algorithms seem more promising and might lead to more accurate legal decisions. Algorithms seem especially relevant for bail decisions, because such decisions involve statistical data to which human reasoners struggle to give adequate weight. While getting the right legal outcome is a strong (...) desideratum of criminal trials, advocates of the relational theory of procedural justice give us good reason to think that fairness and perceived fairness of legal procedures have a value that is independent from the outcome. According to this literature, one key aspect of fairness is trustworthiness. In this paper, I argue that using certain algorithms to assist bail decisions could increase three diferent aspects of judges’ trustworthiness: (1) actual trustworthiness, (2) rich trustworthiness, and (3) perceived trustworthiness. (shrink)

Introduction : a slight adjustment -- The one and only law -- The law of the break with law : Badiou and legal ethics -- Raving with reason : Kant and the moral law -- A "useful illusion" : H. L. A. Hart and legal positivism -- The Haitian revolution : one law in action -- Conclusion : how lawful is one law?.

En 1994, Sue Rodriguez se suicide avec l’aide d’un médecin après une intense bataille judiciaire en Cour suprême du Canada dont l’objet était la décriminalisation du suicide assisté. À la suite de ce suicide, aucune accusation criminelle ne fut portée contre la ou les personnes ayant présumément aidé Sue Rodrigues à mettre fin à ses jours, et ce malgré le fait que le suicide assisté est un acte criminel au Canada. Cette non-intervention du droit pénal est examinée en fonction du (...) rôle que l’affaire Rodriguez a pu jouer dans la transformation des moralités au Canada. Dans ce livre, le suicide assisté de Sue Rodriguez est envisagé comme un « crime » utile (au sens durkheimien du terme), car il met en évidence une inconsistance entre les moralités dominantes inscrites dans le droit pénal et les conditions sociales qui ont rendu ce « crime » possible. Apparenté au crime de Socrate, le « crime » de Sue Rodriguez est analysé comme un héraut annonciateur de nouvelles moralités, comme un prélude préparant directement la voie à des changements dans le poids accordé aux moralités dominantes. Dans ce contexte, le rôle du droit pénal comme mode privilégié de régulation morale est remis en question. (shrink)

In this paper, I discuss a connection between quidditism and the Lewisian principle of recombination. I begin by reconstructing a typical characterisation of a Lewisian principle of recombination, followed by an explanation of quidditism. In the remainder, I argue that a proponent of a Lewisian principle of recombination cannot endorse quidditism without some important modifications of her view.

According to grounding necessitarianism if some facts ground another fact, then the obtaining of the former necessitates the latter. Proponents of grounding contingentism argue against this claim, stating that it is possible for the former facts to obtain without necessitating the latter. In this article I discuss a recent argument from restricted accidental generalisations provided by contingentists that advances such possibility. I argue that grounding necessitarianism can be defended against it. To achieve this aim, I postulate a relationship between grounding (...) and essence by introducing a notion of individual essences understood as a set of essential properties that individuate its bearer. According to a proposed view grounding holds in virtue of identities of its relata, which are in turn determined by their respective individual essences. From there I claim that if grounding holds in virtue of the individual essences of its relata, then it is possible to resist the objection from restricted accidental generalisations and maintain a view that grounds necessitates what is grounded. (shrink)

In this paper, I raise a challenge to Gideon Rosen’s defence of moral contingentism against Jamie Dreier’s moral luck argument. Dreier argues that if moral contingentism is true, acting in a morally permissible way always depends on a form of moral luck, because we could be in a descriptively identical possible world where the moral laws are different. Rosen’s response is that such a world is too remote from ours for us to count it as lucky that we are not (...) in it. I argue that, given Rosen’s method of assessing the remoteness of possible worlds, worlds like the one Dreier describes are close enough to ours to justify his worry, and consequently that Rosen’s counterargument fails. I take this strongly counterintuitive conclusion as a reason to be optimistic that Rosen’s argument for moral contingentism can be resisted. (shrink)

En este artículo se trata de explicar la influencia de algunos novelistas rusos en la vida y obra de Gabriela Mistral, ya que en su existencia artística son nombrados con cierta frecuencia, además de recomendarlos como lectura obligatoria, citándolos para referirse a ellos como ejemplo para la educación y el cambio social. En un primer momento, se describe y analiza la influencia de estos autores, a finales del siglo XIX y principios del XX en Chile, a través de hitos significativos (...) como: el primer encuentro que, gracias a la biblioteca de Bernardo Ossandón, Mistral tuvo con estos en 1904; la recomendación que Mistral hizo a Neruda sobre su lectura en 1920; y algunos escritos posteriores en prosa, entrevista y diarios íntimos donde se refiere a ellos. En un segundo momento, se intenta mostrar cómo algunos novelistas rusos no son solo inspiración literaria para Mistral, sino personas con las que se identifica plenamente, por las coincidencias que observa entre estos y ella misma, en el ámbito de los sufrimientos, dificultades y carencias, que se dan a lo largo de sus vidas. (shrink)

Wprowadzenie -- Platon mitotwórca -- Mit Księcia -- Imaginarium rewolucyjne -- Mit w postkomunistycznej Europie -- Mit i słowo -- Zakonczenie.

_Beyond Reason_ relates Wagner’s works to the philosophical and cultural ideas of his time, centering on the four music dramas he created in the second half of his career:_ Der Ring des Nibelungen_, _Tristan und Isolde_, _Die Meistersinger von Nürnberg_, and _Parsifal_. Karol Berger seeks to penetrate the “secret” of large-scale form in Wagner’s music dramas and to answer those critics, most prominently Nietzsche, who condemned Wagner for his putative inability to weld small expressive gestures into larger wholes. Organized (...) by individual opera, this is essential reading for both musicologists and Wagner experts. (shrink)

THIS ESSAY will examine the connection between the subjectivity of man as a person and the structure of the human community. That relationship was tentatively explored in The Acting Person, especially in the chapter entitled "Participation." The present study is an attempt to develop insights initially introduced there.

In this paper I argue that archism, a form of political power that is ubiquitous in the world and is based on hierarchy and violence, effectively denies us a future. Archism in invested in continuing the current power dynamics. Accordingly, it projects a false sense of the future which is actually only a continuation of the present on and on forever. I look at two thinkers, Walter Benjamin and Hannah Arendt, who try to take the future back from archism (my (...) word, not theirs). In doing so, they do not seek to determine the future but on the contrary, to allow it to actually occur in all of its infinite complexity and unpredictability, that is to say, to submit it to anarchist forms of temporality. (shrink)

In _Leviathan_, Thomas Hobbes's landmark work on political philosophy, James Martel argues that although Hobbes pays lip service to the superior interpretive authority of the sovereign, he consistently subverts this authority throughout the book by returning it to the reader. Martel demonstrates that Hobbes's radical method of reading not only undermines his own authority in the text, but, by extension, the authority of the sovereign as well. To make his point, Martel looks closely at Hobbes's understanding of (...) religious and rhetorical representation. In _Leviathan_, idolatry is not just a matter of worshipping images but also a consequence of bad reading. Hobbes speaks of the "error of separated essences," in which a sign takes precedence over the idea or object it represents, and warns that when the sign is given such agency, it becomes a disembodied fantasy leading to a "kingdom of darkness." To combat such idolatry, Hobbes offers a method of reading in which one resists the rhetorical manipulation of figures and tropes and recognizes the codes and structures of language for what they are-the only way to convey a fundamental inability to ever know "the thing itself." Making the leap to politics, Martel suggests that following Hobbes's argument, the sovereign can also be seen as idolatrous—a separated essence—a figure who supplants the people it purportedly represents, and that learning to be better readers enables us to challenge, if not defeat, the authority of the sovereign. (shrink)

What, if anything, has art to do with the rest of our lives, and in particular with those ethical and political issues that matter to us most? Will art created today be likely to play a role in our lives as profound as that of the best art of the past? A Theory of Art shifts the focus of aesthetics from the traditional debate of "what is art?" to the engaging question of "what is art for?" Skillfully describing the social (...) and historical situation of art today, author Karol Berger argues that music exemplifies the current condition of art in a radical, acute, and revealing fashion. He also uniquely combines aesthetics with poetics and hermeneutics. Offering a careful synthesis of a wide breadth of scholarship from art history, musicology, literary studies, political philosophy, ethics, and metaphysics, and written in a clear, accessible style, this book will appeal to anyone with a serious interest in the arts. (shrink)

The main result of the paper states that there is a finitely presented group _G_ with decidable word problem where detection of finite subsets of _G_ which generate amenable subgroups is not decidable.

The idea of fundamentalism is repeatedly present in mass media and often occupies the center of religious and political discussions. There are some sociological conditions of fundamentalism and different applications of the term in mass media. The psychological research tries to explain the phenomenon as well. The philosophical analysis put the question of the nature of fundamentalism. The following text tries to give an answer to such a question. The fundamentalism seems to be no traditional, but inherently a modern movement (...) that it´s religious convictions puts absolutely through, mainly in politics. (shrink)

A hierarchy of functions with respect to their role as bounds in the Turing reducibility of functions is introduced and studied. This hierarchy leads to a certain notion of incompressibility of sets which is also investigated.

In this essay, I comment on Andrew Benjamin’s recent book, Working with Walter Benjamin. I claim that in this book, Professor Benjamin has done a great deal to illuminate certain complicated aspects of Walter Benjamin’s philosophy. In particular, I focus on his distinction between theology and religion, his treatment of divine violence and the ways that it differs from any human actions, and the nature of what Professor Benjamin calls counter-measures, that is measures which not only challenge but actually unmake (...) certain aspects of our contemporary sense of reality and temporality. (shrink)

Financial misconduct has come into the spotlight in recent years, causing market regulators to increase the reach and severity of interventions. We show that at times the economic benefits of illicit financial activity outweigh the costs of litigation. We illustrate our argument with data from the US Securities and Exchanges Commission and a case of investment misconduct. From the neoclassical economic paradigm, which follows utilitarian thinking, it is rational to engage in misconduct. Still, the majority of professionals refrain from misconduct, (...) foregoing economic rewards. We suggest financial activity could be reimagined taking into account intrinsic and prosocial motivations. A virtue ethics framework could also be applied, linking financial behavior to the quest for moral excellence and shared flourishing. By going beyond utilitarian thinking and considering alternative models, we offer a fuller account of financial behavior and a better perspective from which to design deterrence methods. (shrink)

According to strong pluralism, objects distinct by virtue of their modal properties can coincide. The most common objection towards such view invokes the so-called Grounding Problem according to which the strong pluralist needs to explain what the grounds are for supposed modal differences between the coincidents. As recognized in the literature, the failure to provide an answer to the Grounding Problem critically undermines the plausibility of strong pluralism. Moreover, there are strong reasons to believe that strong pluralists cannot provide an (...) explanation of the Grounding Problem. In this paper, we argue that strong pluralism can be motivated independently of the successful answer to the Grounding Problem. In order to achieve that aim, we provide a haecceitistic interpretation of strong pluralism according to which strong pluralism should be read as a position committed to the existence of primitive individuals, i.e., the individuals that have their criteria of individuation independently of their qualitative profiles. That said, we do not aim at defending haecceitism. Instead, our aim is rather modest: we want to provide a new way for the strong pluralist to supplement his view to make it more watertight. (shrink)

Une réjouissante leçon inaugurale prononcée au Collège de France le jeudi 25 octobre 2012. On y appréciera tout particulièrement la chasse aux poncifs, qu'ils soient ceux de l'indicible ou du nombre, du mouvement ou de la structure, ainsi que le projet d'écarter les commentaires pour en revenir aux œuvres. Cette leçon est accessible en ligne également ici. J'ai souhaité que cette leçon se présente comme une question : « Comment parler de musique ? » Une question. Car il est clair, (...) concernant la nature de (...) - Musique et Musicologie – GALERIE – Nouvel article. (shrink)

One of the main goals of contemporary media, along with the experts and professionals, who speak in them, has been to explain complex issues and provide the audience with clear descriptions of social reality. This is mostly achieved by the production of ideologically useful interpretative schemes that facilitate understanding of the issues present on the media agenda. An important strategy of shaping the public opinion in the way in which public affairs and the activity of social life participants is framed. (...) Analyses of such practices have been conducted for over thirty years within various research approaches collectively referred to as framing analysis. This research provides several arguments helping one to develop a more critical perspective on the representations of social phenomena dominant in the media and discourses of symbolic elites (e.g. opinion writers, academics, experts, journalists, politicians), along with the analyses of the origin of such phenomena, moral judgements and preferred "corrective policies". One of the phenomena defined by the media in Europe as the most important one for the past several years, is the so-called "New Right". The aim of the paper is to analyse the interpretative schemes used by the journalists of four Polish opinion-forming weeklies and to describe the activity of its German manifestation – the Patriotic Europeans Against the Islamisation of the Occident (Pegida) social movement and the Alternative for Germany party (AfD). (shrink)

Linguistics is important. An understanding of linguistic principles is as essential to the layperson as it is to the language scholar. Using concrete examples from politics, law, and education, this book shows how people misconceive language every day and what the consequences of misconceptions can be. Since the meanings of words are often fuzzy at best, this volume argues for a flexible approach to meaning and definitions, and demonstrates how this approach can help us understand many conflicts. It is an (...) alternative way of viewing and doing sociolinguistics. Language Misconceived: Arguing for Applied Cognitive Sociolinguistics offers many specific suggestions and guidelines for approaching a linguistic project. The ideas expressed in this book have been class tested for several years. Students enthusiastically appreciate the connections drawn between linguistics and real-life problems. The goal is to help students of sociolinguistics avoid pitfalls that may inhibit research. Language Misconceived: Arguing for Applied Cognitive Sociolinguistics is intended primarily for graduate and Ph.D. students of linguistics, especially those interested in applying linguistics to fields like politics, law, and education. It may also be recommended to seasoned linguists as well as researchers in communication, sociology, psychology, and education. (shrink)

Draws on examples ranging from prehistoric cave art to modern pop music to discuss the nature and purpose of art and its use by powerful social and cultural forces.

In this essay I argue that the distinction between neoliberalism and the Westphalian order that is said to precede it are all facets of one and the same phenomenon: archism. Archism is a style of politics based on rule and division. Looking at the work of Derrida, Foucault and Benjamin, I examine the inner workings of archism and how it can be resisted. Above all, I consider the notion of the ‘archeon’; that privileged perch from which the state or law (...) can judge without itself being subject to that judgment. The archeon, I argue is the central node of archism that allows itself to insinuate into any number of myriad forms without appearing to be the same phenomenon. By looking at the way Benjamin subverts the theological origins of the archeon with the idea of a God who abandons the position of judgment, I show a model for how to think differently about archism such that we do not seem eternally fated to choose between the same false dichotomies over and over again. (shrink)