The doctrine of the salvation of souls is obviously central to our Christian faith. Yet one of the challenges of communicating this truth is that many people have ontological commitments that don’t even allow for the existence of souls. Therefore, a philosophical understanding of physical reality which is compatible with a Christian understanding of the human person is especially important if we are to preach the Gospel effectively in the modern age. Like many Christian philosophers, I believe that St. Thomas (...) Aquinas provides us with such a philosophical understanding of physical reality. Nevertheless, we need to be careful in how we map Aquinas’s philosophical concepts onto physical phenomena. It is with this concern in mind that I will argue that elementary particles are not substances. (shrink)

The factors that determine the decision-making mechanisms on the regional level are twofold in nature : internal and external.We may distinguish three internal factors: 1° the councils of the regions are composed of members of the national parliament ; 2° on the national level, the regional problem is not dealt with by representatives of the regions ; 3° the conventional system controls the relationship between the executives and the councils of the regions.The external factors may be reduced to five: 1° (...) the regions do not have jurisdiction for their entire territory; 2° the financing of the regions is done via a system that implies no financial responsibility and onesidedly favors the southern regions ; 3° the financial burden of some decisions of the nation is imposed on the regions; 4° the distribution of authority disregards federal practice; 5° conflicts of authority are not resolved by a purely jurisdictional organ.Finally, we stress the contiguous existences·of regions and communities as substructures white the latter are the true components of the Belgian nation. (shrink)

The author examines the way in which the code of the hard-boiled detective, as exemplified especially in Dashiell Hammett's novels, is a crude but accurate version of the Kantian ethics of duty, an ethics that is quintessentially modern.

The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257, that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital as a government function that must be (...) fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act, establishing the New York City Health and Hospitals Corporation as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc., a private, for-profit entity. (shrink)

The present study fills a void in research on passion by examining for the first time the role of passion in physiological responses. The aim of the study was to investigate the role of passion, and the mediating role of cognitive appraisals, in the psychological and physiological responses to a stressful situation related to one’s passion. Students, who were passionate for their studies, completed the Passion Scale for their studies and the Cognitive Appraisal Scale. Then, they engaged in an education (...) task under stressful conditions, and a subsequent unrelated leisure task under no-stress. Physiological reactivity was measured throughout the entire session and their perceptions of situational vitality and positive and negative emotions were assessed directly after the education task. Results showed that harmonious passion positively predicted challenge appraisals that, in turn, were positively related to positive emotions, vitality, and positive cardiovascular adaptation while engaging in the stressful education task, but less so with the leisure task. On the other hand, obsessive passion positively predicted threat appraisals. In turn, threat appraisals were positively related to negative emotions, negatively associated with vitality, and not related to cardiovascular reactivity. The present findings suggest that HP creates the onset of an adaptive psychological and physiological response whereas the response is less adaptive with OP. (shrink)

Simone Weil writes in one of her notebooks: “When one arrives at the absolute one can only express oneself by identities … – For identity alone expresses the unconditioned” (Cahiers, in Œuvres complètes, t. VI, vol. 4 (Paris: Gallimard, 2006), 113). Thus, it is that “the good is the good”, one and the same, unconditionally. Certainly, an individual is unique, a nation is equally so. Nevertheless, personal identity – or “character” – and the identity of a nation are not absolutes. (...) When we wish to treat them as absolutes, we ignore the fact that the “person,” as well as the “nation”, only exists within relationships that they are subject to exterior circumstances and that their identity is situated in time. Is one correct to suppose that the character of an individual or the identity of the nation are “invariables that one continues to find throughout various manifestations”, (“Notes sur le caractère”, Écrits de Marseille, in Œuvres complètes, Op. cit., t. IV, vol. 1 (2008), 87) observed or probable? We hypothesize here that one can apply to national identity what Simone Weil wrote about the notion of character, in notes composed in Marseille and in her commentary on the Our Father (“À propos du Pater”, ibid., 337‐345). (shrink)

One of the most important methods in dealing with the optimization of large, complex systems is that of hierarchical decomposition. The idea is to reduce the overall complex problem into manageable approximate problems or subproblems, to solve these problems, and to construct a solution of the original problem from the solutions of these simpler prob lems. Development of such approaches for large complex systems has been identified as a particularly fruitful area by the Committee on the Next Decade in Operations (...) Research (1988) [42] as well as by the Panel on Future Directions in Control Theory (1988) [65]. Most manufacturing firms are complex systems characterized by sev eral decision subsystems, such as finance, personnel, marketing, and op erations. They may have several plants and warehouses and a wide variety of machines and equipment devoted to producing a large number of different products. Moreover, they are subject to deterministic as well as stochastic discrete events, such as purchasing new equipment, hiring and layoff of personnel, and machine setups, failures, and repairs. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Introduction -- Prelude: from gesture to virtual agency -- Foundations for a theory of agency -- Virtual environmental forces and gestural energies: actants as agential -- Virtual embodiment: from actants to virtual human agents -- Virtual identity and actorial continuity -- Interlude I: from embodiment to subjectivity -- Staging virtual subjectivity -- Virtual subjectivity and aesthetically warranted emotions -- Staging virtual narrative agency -- Performing agency -- An integrative agential interpretation of Chopin's Ballade in F minor, op. 52 -- Interlude (...) II: hearing agency: a complex cognitive task -- Other perspectives on virtual agency -- Postlude. (shrink)

Deze studie wil de wijsgerig-ethische stromingen van de 19e en 20e eeuw op een overzichtelijke wijze presenteren. Zij biedt veel en ongetwijfeld kan zij dienst doen als een eerste oriëntatie. De continentale filosofie komt goed aan de orde, zij het dat de auteurs de aandacht voor de bibliografische notities vaak laten gaan ten koste van de toch al summiere inhoudelijke inleidingen. De auteurs beschrijven en beoordelen - dikwijls in moraliserende termen - maar gaan niet in dialoog noch met de behandelde (...) auteur noch met de lezer. De angelsaksische wereld komt nauwelijks aan de orde (29 blz.). De betekenis van de analytische ethiek voor de normatieve ethiek wordt niet gezien. Het boek stopt ook te vlug. De recente ontwikkelingen komen niet aan de orde. Over narratieve ethiek wordt niet gesproken. Maar evenmin over de hernieuwde aandacht voor de deugden-ethiek. Deze studie laat duidelijk zien dat de gigantische onderneming om een goede inleiding in de wijsbegeerte en de ethiek van de 19e en 20e eeuw te schrijven, niet door een of twee personen kan worden voltooid. (Biblion recensie, Prof. dr. F.J. Heggen.). (shrink)

Politiek gaat over het verenigen van gemeenschappelijke en conflicterende belangen in bindende collectieve besluitvorming op een wijze die door winnaars en verliezers kan worden aanvaard. In dit artikel baseer ik mij op het politiek gezaghebbende duurzaamheidsconcept van de Brundtlandcommissie in Our Common Future: ‘Duurzame ontwikkeling is ontwikkeling die tegemoetkomt aan de behoeften in het heden zonder de mogelijkheid van toekomstige generaties om te voorzien in hun eigen behoeften in de weg te staan’ . Dan blijkt direct dat het vinden van (...) principes voor een duurzame politiek lastig is, want het gaat hier om een morele eis rekening te houden met de belangen van mensen in komende generaties die nu nog geen deel uitmaken van een politieke gemeenschap. (shrink)

Robert Kirk uses the notion of "raw feeling" to bridge the intelligibility gap between our knowledge of ourselves as physical organisms and our knowledge of ..

In this article the author adduces a non‐positivist argument for a necessary connection between law and morality; the argument is based on the claim to correctness, and it is directed to an attack stemming from Eugenio Bulygin. The heart of the controversy is the claim to correctness. The author first attempts to show that there are good reasons for maintaining that law necessarily raises a claim to correctness. He argues, second, for the thesis that this claim has moral implications. Finally, (...) he attempts to refute Bulygin's objection that the claim‐based argument for non‐positivism boils down to contradiction and triviality. (shrink)

In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist (...) because they are justifiable. (shrink)

Part one. Brahms and Bruckner : a radical historical, art-theoretical, and artistic contrast. Aspects and issues ; Art and personality ; The conflict ; Art-theoretical controversies ; On historical classification ; Parallelisms and antitheses ; The relation to historicism ; "Heirs" of Beethoven ; Parallelisms and antitheses once more ; Richard Wagner -- Part two. The unknown Brahms. Brahms : an autonomous composer? ; "Young Kreisler" ; Schumann's essay "Neue Bahnen" : a new interpretation ; Schumann and Brahms : Brahms' (...) Schumann variations (op. 9) and Schumann's Davidsbèundlertèanze ; The piano variations op. 23 : a monument to Robert Schumann ; "Benedictus qui venit in nomine Domini" : on the "Mass quotation" in the Adagio of the Piano concerto op. 15 ; A special kind of father-son relationship -- Part three. The unknown Bruckner. Bruckner : "the most absolute of absolute musicians"? ; Bruckner and the program symphony ; On Bruckner exegesis : the "tone symbol of the cross" (Liszt) ; The program of the "Romantic" symphony ; The program of the Eighth symphony : musical semantics and historical contexts. (shrink)

The author outlines his thesis that legal discourse is a special case of general practical discourse (Sonderfallthese) and develops it as an attempt to cover both the authoritative, institutional, or real and free, discursive, or ideal dimension of legal reasoning. On this basis, he examines the objections raised by Habermas (1996) to the special case thesis. First, he discusses the reduction of general practical discourse to moral discourses (genus proximum problem) holding that the former is a combination of moral, ethical, (...) and pragmatic arguments within the priority of just; second, he examines the objection that general practical arguments change their character or nature when employed in legal contexts (subset and specification problem) and the related problems concerning legal validity and unjust law. He concludes proposing a procedural (opposite to a coherential) integration of general practical arguments in the legal context. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 20 (2000) 315-318 [Access article in PDF] Book Review Contemplation et Dialogue: Quelques Exemples de Dialogue Entre Spiritualitiés Après le Concile Vatican II The Ground We Share: Everyday Practice, Buddhist and Christian Contemplation et Dialogue: Quelques Exemples de Dialogue Entre Spiritualitiés Après le Concile Vatican II. By Katrin Amell. Studia Missionalia Upsaliensia LXX. Uppsala: The Swedish Institute of Missionary Research, 1998. 245 pp. ISBN 91-85424-50-1. The Ground (...) We Share: Everyday Practice, Buddhist and Christian. By Robert Aitken and David Steindl-Rast. Edited by Nelson Foster. Boston and London: Shambala, 1996. xviii + 233 pp. ISBN 1-57062-219-1. $15.00. Here are two meritorious and well-produced works devoted to the dialogue between Buddhism and Christianity. They also have in common a certain desultoriness which left me reflecting on the limits of the rhetoric of 'dialogue.' Having taken over from 'liberation' as a theological buzzword, 'dialogue' seems by now to have exhausted its usefulness. William James remarked that everything genuine will somewhere become a sham. Lip service to a vague ideal of dialogue becomes a substitute for the unmet challenge of Buddhist-Christian thought, and the less the dialogue is practiced the more its importance is verbally celebrated. The retention of the word 'dialogue' may even serve to keep the religious other at a comfortable distance: it is more reassuring to say, "Of course we are in dialogue with the Buddhists" than to say "We are facing up to the challenge Buddhist thought poses to Christian theology," for in the former statement the Buddhists remain conveniently located others, sitting across the table, rather than a troublesome, potentially subversive presence within our own intellectual world. [End Page 315]In their submission to the recent Roman synod of Asian bishops, the Japanese bishops made much of their commitment to interreligious dialogue, and this was acclaimed with enthusiasm. But the impression left by Karin Amell's book (a doctoral thesis in missiology) is that not very much is going on in this area in Japan, the country seen as "the promised land of dialogue" after Vatican II (p. 119). "One has the impression that it is an activity for a few specialists" (p. 145), leaving the ordinary faithful largely untouched. Amell apparently does not read Japanese, so there may be much that she has missed, yet for my part I can think of nothing to add to the factual content of her account. For the spiritual side of the encounter she focuses on three Japanese pioneers, now in their seventies (pp. 150-191): Kadowaki Kakichi, SJ, Okumura Ichiro, OCD, and Oshida Shigeto, OP. To what extent these men have succeeded in creating a widespread Catholic Zen culture remains unclear, but Amell believes the "dialogue of religious experience" is the most widespread form of Buddhist-Catholic interaction in Japan (p. 146). As to scholarship, which is not Amell's direct concern, one has the impression that everyone is too busy with church and university affairs to devote their time to this. The scholarly labors of Heinrich Dumoulin, for example, have not been continued by anyone else. Despite the work of a powerful Catholic foundation, the Nanzan Institute for Religion and Culture (p. 141), Buddhism does not seem to excite Catholic intellectuals in Japan. Japanese Catholics are a small community, numbering about half a million. But given the high number of theologians, clergy and religious (p. 137), one would expect a more intensive interaction with local religious traditions. Instead the focus of theological interest remains fixed on Western sources. It is not so much that the situation of a small church in the midst of secularized-polytheistic-Buddhist Japan fails to give food for thought as that people seem afraid to think out its implications. Those engaged in contemplative sharing with Buddhists seem to avoid intellectual issues. Amell is uneasy with the insistence on intuition and the latent anti-intellectualism she finds in the intermonastic dialogue (discussed in the first half... (shrink)

Wehmeier [2012] argues that identity is a problematic relation and that we can eliminate all mention of it. In this note I show, to the contrary, that if identity is problematic then Wehmeier has not given us the means to dispense with it.

In this article, I take up two arguments in favor of the discursive model of legal argumentation: the claim to correctness argument and the dual nature thesis. The argument of correctness implies the dual nature thesis, and the dual nature thesis implies a nonpositivistic concept of law. The nonpositivistic concept of law comprises five ideas. One of them is the special case thesis. The special case thesis says that positivistic elements, that is, statutes, precedents, and prevailing doctrines, are necessary for (...) law in order to achieve legal certainty. Without this, law would not be as perfect as it could possibly be. But it says, at the same time, that this alone would not be enough to fulfill the claim to correctness. The claim to correctness refers not only to the real dimension of law, defined by statutes, precedents, and prevailing doctrines, but also to its ideal dimension, defined, first and foremost, by justice. The special case thesis is my oldest thesis. It has remained an essential element of my system over the years. Its connection with four other theses—the Radbruch formula, the human rights thesis, the idea of deliberative democracy, and principles theory—does not change this at all. On the contrary, this connection has lent greater strength to the special case thesis. (shrink)

According to the author there is no doubt that one has to distinguish between the justification and the application of norms. Problems are seen only to arise if one asks what exactly the distinction is and which consequences have to be drawn from it. Recently, Klaus Günther, in particular, has searched for this distinction and connected it with far‐reaching conclusions concerning the theory of norms, arguments, and morals. His theses are the object of the author's considerations.

This book argues that the primary function of human thinking in language is to make judgments, which are logical-normative connections of concepts. Robert Abele points out that this presupposes cognitive conditions that cannot be accounted for by empirical-linguistic analyses of language content or social conditions alone. Judgments rather assume both reason and a unified subject, and this requires recognition of a Kantian-type of transcendental dimension to them. Judgments are related to perception in that both are syntheses, defined as the (...) unity of representations according to a rule/form. Perceptual syntheses are simultaneously pre-linguistic and proto-rational, and the understanding makes these syntheses conceptually and thus self-consciously explicit. Abele concludes with a transcendental critique of postmodernism and what its deflationary view of ontological categories—such as the unified and reasoning subject—has done to political thinking. He presents an alternative that calls for a return to normativity and a recognition of reason, objectivity, and the universality of principles. (shrink)

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument fromInjustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically (...) important role. Part Two discusses constitutional rights, human rights, andproportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation,correctness, and law. The author concludes this volume with a biographical reflection. (shrink)

This paper has three parts. The first outlines the history of Nestorianism. From the end of the fifth century all the way into the thirteenth century, quite a large population—in fact most Christians in Asia—belonged to branches of the Nestorian church. The second part provides a brief biography of Nestorius, after whom this church was named. The third part explores two elements of Nestorius’s christology, as they are found in his posthumously discovered theological writings. Does Christ have one nature or (...) two, and if two, how can one person have two natures? To what extent was Adam, the first man, created for a role that Christ eventually fulfilled? (shrink)

These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism as an (...) institutionalization of practical reason. (shrink)