In the near future, our life will normally be surrounded with fairly complicated artifacts, enabled by the autonomous robot and brain–machine interface technologies. In this paper, we argue that what we call the responsibility flaw problem and the inappropriate use problem need to be overcome in order for us to benefit from complicated artifacts. In order to solve these problems, we propose an approach to endowing artifacts with an ability of socially communicating with other agents based on the artifact-as-a-half-mirror (...) metaphor. The idea is to have future artifacts behave according to the hybrid intention composed of the owner’s intention and the social rules. We outline the approach and discuss its feasibility together with preliminary work. (shrink)

Fiery Cushman and Alfred Mele recently proposed a ‘two-and-a-half rules’ theory of folk intentionality. They suggested that laypersons attribute intentionality employing: one rule based on desire, one based on belief, and another principle based on moral judgment, which may either reflect a folk concept (and so count as a third rule) or a bias (and so not count as a rule proper) and which they provisionally count as ‘half a rule’. In this article, I (...) discuss some cases in which an agent is judged as having neither belief nor desire to bring about an action, and yet laypersons find the agent’s action to be intentional. Many lay responses apparently follow a rule, but many other seem biased. The contribution of this study is two-fold: by addressing actions performed without desire or belief, it expands Mele and Cushman’s account; it also helps discriminate between a two-rules and a three-rules theory. As a conclusion, I argue in favor of a three-and-a-half concepts theory. (shrink)

This critique of the postmodern turn discusses the distinctive aspects of postmodern scholarship: the pervasiveness of the literary and the flight from grand theory to local knowledge. Defining features of postmodern thought are also discussed here such as storytelling and localism.

This article argues that it was not only physical borders that challenged people’s biographies in the 20th century, but also shifts in ideology, discourse and predominant languages. I shall explore the biography of a man called Cornel, a native of Bukovina who was a communist cultural official in Romania’s capital Bucharest in the 1960s and who became a priest in the 1970s. I shall show that not only obvious breaks such as the beginning and end of communist rule, but (...) ideological shifts too within Romanian communism prompted Cornel to thoroughly reassess himself. For Cornel, it was the ‘mini-cultural revolution’ of 1971 under the rule of Nicolae Ceaușescu that quickly convinced him to leave his job at the Romanian Ministry of Culture and reinvent himself as an Orthodox priest. But was his self-reinvention successful? A thorough analysis of his biography shows that his linguistic biography—oscillating between Romanian, Ukrainian and Russian—contains crucial elements of productive adaptation and continuity that enabled him repeatedly and successfully to circumvent borders imposed by newly emerging policies. His “third” identity as a writer has given him continuity and self-assurance. (shrink)

There are some problems in the implementation of rulings of the Constitutional Court. The legislator should make more efforts for implementing the concept of the provisions of the Constitution provided in the reasoning parts of rulings of the Constitutional Court. The Statute of the Seimas should be supplemented with provisions obligating structural sub-units of the Seimas to carry out permanent and systemic analysis of reasoning parts of rulings of the Constitutional Court. It would allow timely to prepare proposals how to (...) amend still unchallenged legal regulation which, however, from the constitutional standpoint is doubtful. One should consider whether the norm of Item 4 of Paragraph 1 of Article 64 of the Law on the Constitutional Court, which allows one to challenge the compliance of a legal act with the Constitution on the grounds of the procedure for adoption regardless of any terms expired after the adoption of a law or other legal act, should be amended. It is to be presumed that the principles of legal certainty and legal security entrenched in the Constitution, as well as other constitutional provisions, imply a certain reasonable period of time within which the subjects provided for in the Constitution may apply to the Constitutional Court with a petition requesting to investigate whether a law or other legal act is not in conflict with the Constitution according to the procedure of their adoption. This period of time should not be a long one, for example, half a year or a year since the official publishing of the law; this term should be a prescriptive one–after it has finished, it would not be allowed to challenge the compliance of a law or other legal act with the Constitution according to the procedure of their adoption. In order to speed up the consideration of cases at the Constitutional Court, one would have to change the procedure of consideration of cases in this Court in essence. (shrink)

Between 1234 and 1258 King Henry III, having emerged from the tutelage of ministers inherited from his father, controlled the government of England himself. Looking at this period of personal rule, it would be easy to gain the impression that Henry's kingship, in its theory, and also to some extent its practice, challenged the position of the magnates. M. T. Clanchy, for example, in a justly famous article has suggested that in the 1240s and 1250s Henry III evolved a (...) theory of royal absolutism, a theory which had threatening implications for the magnates. He has also stressed the extent to which Henry was “the initiator both of the methods and of the theory” behind Edward I's quo warranto campaign, which questioned the liberties possessed by the magnates in the field of local government. As for Henry's court, the impression has been given by R. F. Treharne that few English barons were present there, and that the king was largely surrounded by officials and foreign relatives — the latter being his wife's Savoyard uncles and his own Poitevin half-brothers of the house of Lusignan. G. W. S. Barrow has written that Henry “appeared to be excluding the barons as a class from membership of his royal council.” The question whether Henry, like his father John, was pressing magnates to pay their debts has never been investigated; but Matthew Paris's picture of the king as a “vigilant and indefatigable searcher after money” might indicate that the revolution of 1258, like that of 1215, was a “rebellion of the king's debtors.”. (shrink)

In describing his seven and a half years as a prisoner of war in North Vietnam, the late Vice Admiral James B. Stockdale has said: "In that atmosphere of death and hopelessness, stripped of the niceties, the amenities of civilization, my ideas on life and leadership crystallized." Despite torture, intimidation, and isolation, Stockdale fulfilled his duties as senior officer among the prisoners with intelligence and courage, defining rules of conduct and maintaining morale. He often described the intense pressures of (...) that situation as a "melting" experience, in which preconceived feelings, fears, and bias melt as one comes to realize that, under the gun, you must grow or fail—or, in some cases, grow or die. This collection of his essays and speeches from the 1980s and 1990s reinforces how that experience formed a lifelong basis for his philosophical thought on issues of character, leadership, integrity, personal and public virtue, and ethics. The selections in this volume all reflect, in one way or another, a central theme: how man can rise with dignity to prevail in the face of adversity. (shrink)

Since the last several years of the life of King Hassan II, Morocco slowly moved from authoritarian rule to a managed democracy. As a result of this gradual political liberalization, religious groups as well as secular ones formed political parties. Islamists have already won seats in the parliament and they are expected to gain nearly half the number of seats in the coming elections. Equally significant is the increased presence of human rights and non-government organizations and the emergence (...) of independent and party-affiliated newspapers and other media outlets. In this article, I focus on the prospects of seeing a free press emerging in Morocco given the pressures exerted by official and non-official authorities. I argue that government interventions stifle freedom of expression and weaken civil society. This study focuses exclusively on Moroccan Arabic and French language print media. (shrink)

While most theoreticians of meaning in the first half of the twentieth century subscribed to a representational theory (viewing meanings as entities stood for by the expressions), the second half of the century was marked by the rise of various versions of use-theories of meaning. The roots of this ‘pragmatist turn’ are detectable in the writings of the later Wittgenstein, the Oxford speech act theorists (Austin, Grice) and the American neopragmatists (Quine, Sellars). Though it is now rather popular (...) (and sometimes even fashionable) to invoke the use-theory of meaning, it is by far not so popular to inquire what such a theory really is. In this paper we try to give at least a part of the answer, whereby we find out that the usual conception of such a theory is unsatisfactory. We propose that for an improvement we must, together with Wittgenstein and Sellars, conceive language as a (tool of a) rule-based activity, which enables us to replace the concept of disposition, usually constituting the backbone of the use-theory, by the concept of propriety. The resulting normative version of the use-theory then becomes the investigation of the rules which expressions acquire vis-`a-vis the rules of the relevant language games – especially of the rules of inference. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Brief History of Medical Ethics Code in PolandJacek A. Piątkiewicz (bio)On March 15, 1934 a Parliamentary Act authorized the General Medical Chambers, a body incorporating all Polish physicians, to establish general rules of medical ethics. These rules governed medical conduct in Poland until 1950, when the Communist government dissolved the General Medical Chambers.From 1950 to 1989 the only medical organization in Poland tolerated by the Communist government was (...) the Polish Medical Association, which included about 30% of the country's physicians. In 1967 this group produced the "Collection of Ethico-deontological principles of the Polish Physician" which constituted a kind of code of medical ethics. This collection was a compromise between objective ethical principles and the demands of the Communist regime. For example, Principle 1 of the Collection stated that the physician "had to observe the ethico-deontological principles obligatory in socialist society."During round-table talks in early 1989 with representatives of the Communist government, the Solidarity movement argued for the revival of autonomous medical organizations like the Medical Chambers. On May 17, 1989 an Act of Parliament re-established the group. The Act (article 33, part 1) also stipulated that the National Congress of Physicians, the legislative body of Medical Chambers, establish rules of medical ethics. The Act (article 15, part 1) also states that all practicing Polish physicians are obliged to observe these rules.When the revived Chambers began its work in January 1990, its governing body—the General Medical Council—created a Commission to prepare a draft of a medical ethics code. After a year and a half of work, the Commission completed its draft, which received preliminary acceptance by the General Medical Council. [End Page 361]On December 13-14, 1991 the Extraordinary Second National Congress of Physicians was held in Bielsko-Biala (South Poland) and one of the main items on the agenda was the Code. Every article of the Code was discussed exhaustively throughout the second day of the meeting, and close to midnight the Code, including the Physician' Oath, was approved by an overwhelming majority (449 for, 75 against, 58 abstaining).Some of the liveliest discussion centered on Article 37, which relates to abortion. The delegates realized that the Code was inconsistent with a 1956 Act on abortion then under discussion in the Parliament which was not as restrictive as the Code. They decided to defer implementation of the Code for five months, until May 3, 1992. As described in the following text by Robert Baker, Article 37 has now been appealed and a decision resolving the discrepancy would have to come from Poland's Constitutional Tribunal or its Parliament. [End Page 362]Jacek A. Piątkiewicz Jacek A. Piątkiewicz, M.D., Ph.D., is Chairman of the Legislative Commission of the General Medical Council of Poland in Warsaw.Copyright © 1993 The Johns Hopkins University Press... (shrink)

Legal scholars’ interest in Shakespeare has often focused on conventional legal rules and procedures, such as those of The Merchant of Venice or Measure for Measure. Those plays certainly reveal systemic injustice, but within stable, prosperous societies, which enjoy a generally well-functioning legal order. In contrast, Shakespeare's first historical tetralogy explores the conditions for the very possibility of a legal system, in terms not unlike those described by Hobbes a half-century later. The first tetralogy's deeply collapsed, quasi-anarchic society lacks (...) any functioning legal regime. Its power politics are not, as in many of Shakespeare's other plays, merely latent, lurking beneath the patina of an otherwise functioning legal order. They pervade all of society. Dissenting from a long critical tradition, this article suggests that the figure of Henry VI does not merely represent antiquated medievalism or inept rule. Through Henry's constant recourse to legal process, arbitration and anti-militarism, the first tetralogy goes beyond questions about how to establish a functioning legal order. It examines the possibility, and meaning, of a just one. (shrink)

'This is a powerful piece of advocacy. I'd pick Ewing and Gearty for my counsels any day.' -Bernard Porter, LRBThis book is an account of the struggle for civil liberties against the State in which groups such as the anti-war protestors, the Irish nationalists, the Communist party, trade unionists, and the unemployed workers' movement found themselves involved in the first half of the twentieth century. All had to fight for their civil liberties in the face of strong opposition from (...) the State, including the judges whose attitude to civil liberties was often deeply hostile, and at odds with their supposed role as defenders of freedom. (shrink)

Eduard Norden, in the second half of his Agnostos Theos, has maintained with great learning and ingenuity the thesis that predications in the style ‘Thou art ,’ ‘I am ,’ are due to Oriental influence; purely Greek religious language does not go beyond ‘Thou dost ,’ ‘We are indebted to thee for .’ This view appears to be substantially correct. To Oriental influence we may, I think, trace also the custom of stringing together a series of brief predications in (...) or of the second person, for the most part not connected by conjunctions, and producing the effect of a rapid fire of assertions. The earlier Greek examples are not, as a rule, asyndetic. In the Hellenistic age and later we see the other style, as in Catullus 34. 13: ‘tu Lucina dolentibus Iuno dicta puerperis, tu potens Triuia et notho es dicta lumine luna, tu cursu dea menstruo … exples’ 61. 51: ‘te suis tremulus parens inuocat, tibi uirgines zonula soluunt sinus, te timens cupida nouus captat aure maritus’; in Lucretius' proem; in Ovid, Met. IV. 17: ‘tibi enim inconsumpta iuuenta est, tu puer aeternus, tu formosissimus alto conspiceris caelo, tibi cum sine cornibus adstas, uirgineum caput est’; in the invocation of Apollo at the end of the first book of Statius' Thebaid; in Capaneus' prayer to his strong right arm : ; in the Orphic hymns, II. 10-, though they consist mostly of accumulations of epithets; in Menander Rhetor περ πιδειкν : περ [al. Θοραι], περ σ Θνδες, παρ σοкα σελνη τν ετνα λαμβνει; in Valerius Maximus VI. (shrink)

Introduction. The author believes that the relationship between power and intellectuals can range from the active participation of the intelligentsia in politics to the disillusionment of the intellectual community in politics and in the ruling elites. The author analyzes the process in Georgian contexts. It is assumed that politics as a process has ceased to attract public interest, despite a dynamic political life. Purpose. The purpose of the article is to analyze the process of public disillusionment with politics in the (...) modern Georgian intellectual community. Methods. Methodologically, the article is based on the principles of analyzing intellectual communities with the elements of the universal method of historicism and a comparative approach, which make it possible to identify and systematize the main features of the process of depoliticization of Georgian society. Scientific novelty. The author presents a new interpretation of the role of intellectuals in the processes of social disappointment in politics, based on the analysis of original sources in the Georgian language. Results. It is presumed that 1) Georgian intellectual community in the second half of the 2000s began to lose active interest in its own participation in politics; 2) political parties are also forced to acknowledge the crisis of loyalty because the elites and society develop independently, and their interests coincide rarely; 3) culture became an alternative project that attracts civil society more than real politics; 4) the active political participation of the Church assists to the erosion of political culture, forcing intellectuals to become disillusioned with politics, perceived as a clannish and corrupt sphere of activity. Conclusions. It is shown that disillusionment with politics in the second half of the 2000s and the gradual migration of intellectuals to cultural practices replaced the politicization of intellectual communities, which determined the main vectors of Georgian development in the previous period. (shrink)

The obligation to provide reasons may appear rather a simple and straightforward, but in actual practice—as the mutually antagonistic Weiss rulings of the CJEU and the German Bundesverfassungsgericht amply demonstrate—is fraught with constitutional complication. On the one side, there lies the concern with a deeply intrusive form of judicial review which substitutes judicially determined “good” reasons for those of the reviewee decisionmaker—legislatures, administrative agencies, or, as in Weiss, the European Central Bank. On the other side lies the concern with judicial (...) abdication in the face of technical expertise, uncertainty and complexity, turning the reason-giving requirement into a mere façade thereby placing democratic accountability in the modern administrative state beyond law’s remit. Either way, normatively and conceptually, we seem left with a half-way house only. Drawing on the recent US administrative law discourse—the neo-Fullerian concept of an “internal morality of law” and democratic experimentalism —this paper explores the concept of process review as tertium datur. Process review responds to concerns over the rule of law and administrative discretion through indirect, procedural safeguards, by imposing requirements of reasoned justification, rather than through wholesale invalidation or aggressive substantive review. (shrink)

Stretching across Europe, Asia and Africa for half a millennium bridging the end of the Middle Ages and the early twentieth century, the Ottoman Empire was one of the major forces that forged the modern world. The chapters in this book focus on four key themes: frontier fortifications, the administration of the frontier, frontier society and relations between rulers and ruled, and the economy of the frontier. Through snapshots of aspects of Ottoman frontier policies in such diverse times and (...) places as fifteenth-century Anatolia, seventeenth-century Hungary, nineteenth-century Iraq or twentieth-century Jordan, the book provides a richer picture than hitherto available of how this complex empire coped with the challenge of administering and defending disparate territories in an age of comparatively primitive communications. By way of introduction, this chapter seeks to provide an overview of these four themes in the history of Ottoman frontiers. (shrink)

A commonly accepted definition of the democracy is; “Rule of the majority by the supreme power vested in the people and exercised by them directly”. The democratic government may remain in power until and unless people repose the confidence over it. In Pakistan the main reason of failure of the democracy is that, it is generally against the social behavior of Pakistan. Just because of this the democracy could not come around in Pakistan, yet people cannot be incriminated for (...) the same. The history is witnessed that Pakistani people had supported all social movements having collective ambitions but unluckily after freedom no political party or leadership was available to Pakistanis which could do something for them. Soon after freedom bureaucrats had prevalence in the government due to this the overall control remained in the hands of Governor General or non-representatives. So, democratic institutions could not attain freedom from them. Undoubtedly from the beginning the Pakistan Army attained a dominating role in the system of government and in the field of politics and during the last 60 years they remained in rule for more than a half of the tenure and the political governments were never allowed to take any step freely. In the current scenario Pakistan should have to pass through a democratic way which was stopped by the Armed forces and bureaucracy by adopting different means. (shrink)

Over the past 30 years, the world has experienced a profound transformation, becoming both more open and more prosperous. Whereas in 1985 more than half of the countries worldwide were under authoritarian rule, most countries today are considered electoral democracies. Since 1990, more than a billion people have been lifted out of extreme poverty, while well-being indicators have improved dramatically on a global level, especially in terms of health and education.

Traditional just war doctrine holds that political leaders are morally responsible for the decision to initiate war, while individual soldiers should be judged solely by their conduct in war. According to this view, soldiers fighting in an unjust war of aggression and soldiers on the opposing side seeking to defend their country are morally equal as long as each obeys the rules of combat. Revisionist scholars, however, maintain that soldiers who fight for an unjust cause bear at least some responsibility (...) for advancing an immoral end, even if they otherwise fight ethically. This article examines the attitudes of the American public regarding the moral equality of combatants. Utilizing an original survey experiment, we find that the public's moral reasoning is generally more consistent with that of the revisionists than with traditional just war theory. Americans in our study judged soldiers who participate in unjust wars as less ethical than soldiers in just wars, even when their battlefield conduct is identical, and a large proportion supported harsh punishments for soldiers simply for participating in unjust wars. We also find, however, that much of the American public is willing to extend the moral license of just cause significantly further than revisionist scholars advocate: half of the Americans in our survey were willing to allow an unambiguous war crime—a massacre of innocent women and children—to go unpunished when the act was committed by soldiers fighting for a just cause. Our findings suggest that incorporation of revisionist principles into the laws of war would reinforce dangerous moral intuitions encouraging the killing of civilians. (shrink)

The fact that half of the world is ruled under the banner of Marxism and that there were no easily comprehensible and thorough studies of Marxist theory of law makes it worth investigating in some detail whether there is a Marxian theory of law, and, if so, what a Marxian theory of law would be like. Although Marx's and Engels' writings broadly relevant to law amount to some two hundred pages, it is clear that in these writings neither Marx (...) nor Engels has put forward anything like a theory of law. If there is a Marxian theory of law to be discovered, it would have to be extracted, extrapolated and reconstructed from these writings. ;The reconstruction undertaken here has turned out to be fruitful. It seeks to demystify and explain the phenomenon of law. It is argued that one major function of law is to promote and stabilize the economic realm of society, and that law exists in order that the economic realm can be developed. And hence the various features of law as a whole are to be explained functionally by the needs and dynamics of the economic realm. ;The second, equally vital, role of law is its class character. It is argued that there is a ruling class in pre-socialist societies, and that the ruling class uses the law to maintain and further its own interest. How the law is used as a ruling-class instrument is examined in some detail. ;Further, it is explained how various legal ideas are delusive, and how the process of trial is prone to the pervasiveness of the dominant ideology. It is shown that many phenomena in law cannot be satisfactorily accounted for except via a Marxian perspective. Especially true is the absence of a starvation defence in criminal law. For if there is the provocation defence, an analogous reasoning makes the case for a starvation defence compelling. And while the absence of the starvation defence cannot be justified, it can be explained on a Marxian perspective. ;The focus of the dissertation is on the law in capitalist societies, especially in England, because Marx and Engels wrote mostly on the English society, and because the development of law reaches its highest point in capitalism. Another reason is that the author is most familiar with English law. (shrink)

The N‐end rule denotes the relationship between the identity of the amino‐terminal residue of a protein and its in vivo half‐life. Since its discovery in 1986, the N‐end rule has generally been described by a defined set of rules for determining whether an amino‐terminal residue is stabilizing or not. However, recent studies are revealing that this N‐end rule (or N‐degron concept) is less straightforward than previously appreciated. For instance, it is unveiled that N‐terminal acetylation of N‐terminal (...) residues may create a degradation signal (Ac‐degron) that promotes the degradation of target proteins. A recent high‐throughput dissection of degrons in yeast proteins amino termini intriguingly suggested that the hydrophobicity of amino‐terminal residues—but not the N‐terminal acetylation status—may be the indispensable feature of amino‐terminal degrons. Herein, these recent advances in N‐terminal acetylation and the complexity of N‐terminal degradation signals in the context of the N‐degron pathway are analyzed. (shrink)

Although the individual mandate was upheld and the Commerce Clause may have been cabined, the decision to strike down a significant element of the “Medicaid expansion” may prove to be the most significant aspect of the Supreme Court’s decision in NFIB v. Sebelius. Under the Affordable Care Act (ACA), States were required to extend Medicaid coverage to all individuals under the age of 65 with incomes below 133 percent of the poverty line, a new “essential health benefits” package was required (...) for all new Medicaid recipients, and the increased costs due to the expansion would be entirely covered by the Federal government through 2016, with the Federal payment gradually decreasing to a minimum of 90 percent of the total cost from the expanded coverage. The element found to be unconstitutional was §1396c of the ACA, which permitted the withdrawal of all Federal Medicaid funds from those States that did not comply with the ACA’s requirements for Medicaid expansion. The effect on access to health care may be significant: roughly half of those expected to gain coverage under the ACA were going to gain it through the Medicaid expansion; it is unclear how many States will choose to opt into that expansion in the absence of §1396c.1 Additionally, the argument offered by the Court to strike down that provision might be used to attack other federal programs—concerning transportation, social services, environmental protection, and others—that have a similar structure. This paper will demonstrate that the argument rests on a theoretical mistake concerning the relationships between coercion, compulsion, and political accountability and that, further, this mistake is not one legally forced upon the Court. (shrink)

The Private Language Sections of Ludwig Wittgenstein’s Philosophical Investigations, -/- generally agreed to run from §§ 243 - 271, but extending to § 315 with the book’s continued -/- treatment of the private object model and the inner and outer conception of the mind, have -/- proved remarkably resistant to any generally agreed interpretation. Even today, ways of -/- looking at these sections which were first in vogue half a century ago when discussions of -/- this aspect of Wittgenstein’s (...) work were at their height, still have their adherents, at a time -/- when the emphasis in Wittgenstein exegesis has graduated towards anti-theoretical, -/- non-doctrinal, and therapeutic conceptions of his entire methodology. Discussion about -/- the rule-following considerations after Saul Kripke’s new interpretation of the argument -/- against private language, which predominated during the last quarter of the 20th century, -/- has tended to be superseded into the new millennium by controversy over substantial v -/- resolute conceptions of nonsense in the Tractatus Logico-Philosophicus, a debate now -/- seen by some interpreters to illuminate Wittgenstein’s later work.This paper sheds light -/- on these complex matters firstly by studying a very popular interpretative approach to the -/- relevant sections within its historical context, and secondly by attempting to grasp his overall -/- methodology, primarily as practised in the private language passages themselves. This can -/- help to show how they may reflect the content of §§ 89 -133. However, just as it can be argued -/- that Hume never fully reconciles the sceptical and naturalistic tendencies in his writing, it can -/- be surmised that Wittgenstein never really finds a proper balance between the avowedly -/- therapeutic intent of those stated passages and what, at least for some commentators, are -/- the clearly discoverable argumentative strategies that he employs throughout his treatment -/- of private language and, indeed, throughout Part 1 of the Philosophical Investigations. (shrink)

On the Athenian disaster at Aegospotami the reaction, suppressed half a dozen years before, against the régime responsible for the war and its calamitous results sprang up again with double force. The capture of the fleet, the loss of the empire, which had been a useful buffer between the selfish interests of the wealthier citizens and the predatory appetites of the proletariate, the bankruptcy of the treasury, the discredit of the whole democratic system, the grim privations of the blockade, (...) and the imminent return of the exiles eager for power and vengeance, all portended the speedy downfall of the constitution, should the victorious enemy leave it standing. Yet the progress of the revolution was slower than might have been expected. In fact the oligarchs were at first crippled by the absence of their banished chiefs, andthroughout they had to reckon not only with a people which had long enjoyed liberty and empireand with a democratic administration already in office, but also with the middle party, disgusted indeed with the existing form of government but unwilling to substitute for it the rule ofa narrow privileged class, and led by a statesman of great ability and experience. (shrink)

The article defects priority idiological and centenary positions of the Ukrainian society in the 19th century. The acceptance of consciousness and self-relevant is characterized by a comprehensive analysis. The aim and the tasks: вy working out ethical and philosophical literature, to justify the establishment of dignity of personality in the conditions of domestic cultural and socio-political selfdetermination of the late twentieth century.Research methods are the main methods of research are historical, structuralfunctional, systemic and comparative. To solve specific research tasks also (...) used the principles of systemicity, objectivity, ascension from abstract to concrete, etcEmphades of a new state in ethical and phylosophic keys, analyzes the values of Ukrainians, slogans, native ideas are analyzed. Research results: Scientifically illustrated embodies of the national self-release of the Ukrainian society: Selfrelease of the Naziological State Ukraine: Sovereignty of Ukraine (1985-1991 gg.); Nassional State Formation of Ukraine in the conditions of socio-purity and socioeconomic neoperedelenost (1992-1996 gg.); Creation of oligarchata as a diverse manifestation of a democratic regime in Ukraine (1996-2004 gg.); Polarization of the Farility (2005-2014 gg.); Thick ethape, which is purely formally defined as "post-revolutionary". The author exemplary aspects of the social realities of the reorganization, and the presentation of honor and dignity of the license. Discussion. It is condemned that for the self-release of the national state, the slide of restructuring of steel, the significant income from the public discourse of the topics of repressions, reversed to the families of the species of culture, science, public expressions, popularization of the creativity of the dyspasses and diaspree Figur. Conclusion. In such a way, the protest in the second half of the 1980s is Pastepeno Gladenna, which has received the introduction of privacy in its own participants.Many were re-enriched, rising from the laurel of the prison establishment, the inside of the country, and in the finishing of the bobs for Naziovnoye venereal, the rule of law and market economy. The dignity of a person on the day of restructuring, in the whole, was disturbed from the ancestors of the historical objects of the maintenance of the specialty – Ego Simbiosis with such categories, as freedom, will be, independence. (shrink)

In his third and final investigation into the science of belief, bestselling author Michael Shermer tackles the evolution of morality and ethics A century and a half after Darwin first proposed an “evolutionary ethics,” science has begun to tackle the roots of morality. Just as evolutionary biologists study why we are hungry (to motivate us to eat) or why sex is enjoyable (to motivate us to procreate), they are now searching for the roots of human nature. In The Science (...) of Good and Evil , psychologist and science historian Michael Shermer explores how humans evolved from social primates to moral primates, how and why morality motivates the human animal, and how the foundation of moral principles can be built upon empirical evidence. Along the way he explains the im-plications of statistics for fate and free will fuzzy logic for the existence of pure good and pure evil and ecology for the development of early moral sentiments among the first humans. As he closes the divide between science and morality, Shermer draws on stories from the Yanamamo, infamously known as the “fierce people” of the tropical rain forest, to the Aum Shinrikyo cult in Japan, to John Hinckley’s insanity defense. The Science of Good and Evil is ultimately a profound look at the moral animal, belief, and the scientific pursuit of truth. (shrink)

Completed in 1983, this work culminates nearly half a century of the late Alfred Tarski's foundational studies in logic, mathematics, and the philosophy of science. Written in collaboration with Steven Givant, the book appeals to a very broad audience, and requires only a familiarity with first-order logic. It is of great interest to logicians and mathematicians interested in the foundations of mathematics, but also to philosophers interested in logic, semantics, algebraic logic, or the methodology of the deductive sciences, and (...) to computer scientists interested in developing very simple computer languages rich enough for mathematical and scientific applications. The authors show that set theory and number theory can be developed within the framework of a new, different, and simple equational formalism, closely related to the formalism of the theory of relation algebras. There are no variables, quantifiers, or sentential connectives. Predicates are constructed from two atomic binary predicates (which denote the relations of identity and set-theoretic membership) by repeated applications of four operators that are analogues of the well-known operations of relative product, conversion, Boolean addition, and complementation. All mathematical statements are expressed as equations between predicates. There are ten logical axiom schemata and just one rule of inference: the one of replacing equals by equals, familiar from high school algebra. Though such a simple formalism may appear limited in its powers of expression and proof, this book proves quite the opposite. The authors show that it provides a framework for the formalization of practically all known systems of set theory, and hence for the development of all classical mathematics. The book contains numerous applications of the main results to diverse areas of foundational research: propositional logic; semantics; first-order logics with finitely many variables; definability and axiomatizability questions in set theory, Peano arithmetic, and real number theory; representation and decision problems in the theory of relation algebras; and decision problems in equational logic. (shrink)

How should we update de dicto beliefs in the face of de se evidence? The Sleeping Beauty problem divides philosophers into two camps, halfers and thirders. But there is some disagreement among halfers about how their position should generalize to other examples. A full generalization is not always given; one notable exception is the Halfer Rule, under which the agent updates her uncentered beliefs based on only the uncentered part of her evidence. In this brief article, I provide a (...) simple example for which the Halfer Rule prescribes credences that, I argue, cannot be reasonably held by anyone. In particular, these credences constitute an egregious violation of the Reflection Principle. I then discuss the consequences for halfing in general. (shrink)

This article deals with a highly debated text, namely 2 Maccabees 12, specifically the problematic verses (38–45) which contain a theology that is distinctly non-Jewish in import. Indeed, most recent scholars concerned with this passage do not seem to be unanimous apropos the best interpretation of the events that are described, resulting in a range of different opinions concerning, inter alia, the afterlife, purgatory and/or doctrinal disputes between Pharisees and Sadducees. By means of an interpretivist or constructivist epistemology, the authors (...) advocate that normally, traditional Judaism emphasises personal, individual responsibility and accountability, whereas in this text God is portrayed as requiring material, financial payment for wrongdoing and not individual תשובה [teshuvah]. This is in contradistinction to, inter alia, Exodus 30:11–16 and theologically Jewish ‘transgression’ has clearly metamorphosed into Christian ‘sin’. In addition, Judas Maccabeus seems to have retained a half-shekel methodology (employed for Jewish men of military age – soldiers) whilst emphasising the ‘atonement for your lives’ from Exodus 30:11–16 in a more literalistic, materialistic, non-Jewish sense whilst de-emphasising the real need to maintain the Temple as well as the proper, traditional rules of תשובה. (shrink)

An expression of the Lindbladian form is proposed that ensures an unambiguous time-continuous reduction of the initial system-pointer wave-packet to one in which the readings and the observable’s values are aligned, formalized as the transition from an outer product to an inner product of the system’s and apparatus’ density matrices. The jump operators are in the basis of the observables, with uniquely determined parameters derived from the measurement set-up (thereby differing from S. Weinberg’s Lindbladian resolution of wave-packet formalism) and conforming (...) to Born’s probability rules. The novelty lies in formalising the adaptability of the surroundings (including the measuring device) to the mode of observation. Accordingly, the transition is of finite duration (in contrast to its instantaneousness in the von Neumann’s formulation). This duration is estimated for a simple half-spin-like model. (shrink)

Hilbert arithmetic in a wide sense, including Hilbert arithmetic in a narrow sense consisting by two dual and anti-isometric Peano arithmetics, on the one hand, and the qubit Hilbert space (originating for the standard separable complex Hilbert space of quantum mechanics), on the other hand, allows for an arithmetic version of Gentzen’s cut elimination and quantum measurement to be described uniformy as two processes occurring accordingly in those two branches. A philosophical reflection also justifying that unity by quantum neo-Pythagoreanism links (...) it to the opposition of propositional logic, to which Gentzen’s cut rule refers immediately, on the one hand, and the linguistic and mathematical theory of metaphor therefore sharing the same structure borrowed from Hilbert arithmetic in a wide sense. An example by hermeneutical circle modeled as a dual pair of a syllogism (accomplishable also by a Turing machine) and a relevant metaphor (being a formal and logical mistake and thus fundamentally inaccessible to any Turing machine) visualizes human understanding corresponding also to Gentzen’s cut elimination and the Gödel dichotomy about the relation of arithmetic to set theory: either incompleteness or contradiction. The metaphor as the complementing “half” of any understanding of hermeneutical circle is what allows for that Gödel-like incompleteness to be overcome in human thought. (shrink)

Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to (...) avoid indirectly blaming others for blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

In in the second half of the 1940s, Jan Patočka emphasized the essentially negative character of human existence. He thus found himself in the neighborhood of Sartre’s existentialism, Heidegger’s philosophy of being, and Hegel’s dialectic, and at the same time in opposition to schools of thought which either completely reject the substantive use of “the nothing,” such as Carnap’s positivism, or relativize it, like Bergson. It is the latter polemic, Patočka’s with Bergson, which is discussed in this article. The (...) concept of negativity in Patočka basically refers to the idea that human existence is defined by a capacity to adopt a distance toward what is pre-given, be it the reality of the physical world or the established habits and rules of a particular society. Negativity qua distance has in Patočka an absolute character. It is this claim that he defends in his critique of Bergson. The article attempts to reconstruct Patočka’s position. I claim that the wager on absolute negativity does not make Patočka a nihilist, but a philosopher of a negative holism, and, in a sense, even a moralist. Above a reconstruction of Patočka’s stance, I spell out some reservations focused especially on the systematic meaning of Patočka’s recourse to negativity. I suggest that negation is an indispensable part of a more complex existential structure Patočka is aiming at. The terms he uses for this structure include “thirst for the absolute,” “thirst for reality,” “restlessness of the heart” and “desire.” To translate these allusions onto a general plan, it is useful to talk about the capacity to establish differences that matter. As general as it seems, this turn of phrase can grasp both Patočka’s emphasis on negativity, and his emphasis on the absolute, the latter – nevertheless – not residing in a distance from being, but in differences established, maintained and abandoned by ourselves within being. (shrink)

The popularity of rule-consequentialism among philosophers has waxed and waned. Waned, mostly; at least lately. The idea that the morality that ought to claim allegiance is the ideal code of rules whose acceptance by everybody would bring about best consequences became the object of careful analysis about half a century ago, in the writings of J. J. C. Smart, John Rawls, David Lyons, Richard Brandt, Richard Hare, and others.1 They considered utilitarian versions of rule consequentialism but discovered (...) flaws in the view that attach to the wider consequentialist doctrine. In the eyes of many, the flaws were decisive. Brad Hooker has produced brilliant work that unsettles this complacent consensus.2 Over a period of several years he has produced a sustained and powerful defense of a version of rule consequentialism that does not obviously succumb to the criticisms that have been thought to render this doctrine a nonstarter. He acknowledges intellectual debts to Richard Brandt. But Hooker avoid certain excrescences in Brandt’s efforts to conceive of morality as an ideal code of rules. Most notably, Hooker eschews Brandt’s misguided attempt to derive some version of rule utilitarianism from an underlying commitment to some form of contractualism. Moreover, Hooker has worked to articulate a version of rule consequentialism in sufficient detail that one can see how the different parts of the doctrine hang together and how the best version of the.. (shrink)

What did science make possible for colonial rule? How was science in turn marked by the knowledge and practices of those under colonial rule? Here I approach these questions via the social history of Madras Observatory. Constructed in 1791 by the East India Company, the observatory was to provide local time to mariners and served as a clearinghouse for the company’s survey and revenue administration. The astronomical work of Madras’ Brahmin assistants relied upon their knowledge of jyotiśāstra [Sanskrit (...) astronomy/astrology], and can be seen as a specialized form of the kind of South Indian scribal labor and knowledge that also staffed the company’s tax offices. If at Greenwich the division of labor meant observatory work bore resemblances to the factory and the accounts office, in Madras, astronomy and accounting drew on similar labor forms because they were part of the same enterprise. But the company did not just adapt preexisting forms of labor, it also attempted to produce its own at a school built near the observatory to train “half-caste” orphans as apprentice surveyors and assistant computers. The school, staffed by the Brahmins, drew upon knowledge and pedagogical practice associated with the tinnai, the schools in which upper-caste children learned to read, write, and calculate. For a time, the observatory’s social order was literally “half-caste.” The paper also considers how the relationship between caste, status, and instrument was reflected in the visual and material culture of the observatory, such as in Indian-language inscriptions on its central pillar. For company astronomers, the measurement of time meant reworking the relationships among the Indian past, the colonial present, and an imperial posterity. Science under colonial rule spanned multiple temporal and social registers because it was the result of negotiations between the demands of political economy and the knowledge and practices of colonized others. (shrink)

This article reports the findings of a study into the role of Dutch nurses in the alleviation of pain and symptoms with a life-shortening intention, conducted as part of a study into the role of nurses in medical end-of-life decisions. A questionnaire survey was carried out using a population of 1509 nurses who were employed in hospitals, home care organizations and nursing homes. The response rate was 82.0%; 78.1% (1179) were suitable for analysis. The results show that in about (...) class='Hi'>half of the cases (55.8%) nurses were involved in the decision making by the physician and that nurses were frequently (81.5%) involved in administering the medication. The authors' conclusion is that alleviation of pain and symptoms with a life-shortening intention represents a `grey' area, in which physicians and nurses act on the basis of personal ethical norms rather than legal rules, professional guidelines or shared moral values. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"A City of Brick":Visual Rhetoric in Roman Rhetorical Theory and PracticeKathleen S. LampPerhaps none of the words Augustus, the first sole ruler of Rome who reigned from 27 BCE to 14 CE, actually said are quite as memorable as the ones Cassius Dio has attributed to him: "I found Rome built of clay and I leave it to you in marble" (1987, 56.30).1 Suetonius too discusses Augustus's building program, (...) offering an alleged quote along with an explanation of his motivation: "Since the city was not adorned as the dignity of the empire demanded, and was exposed to flood and fire, he so beautified it that he could justly boast that he had found it built of brick and left it in marble" (1998, Aug.28.3). Though Suetonius's explanation is practical, Dio argues Augustus's "city of brick" had a more metaphoric or symbolic meaning: "In saying this he was not referring literally to the state of the buildings, but rather to the strength of the empire" (1987, 56.30).Both historians, then, perceive a connection between the physical appearance of the city and Rome's place at the head of the (Roman) world. Maecenas, Augustus's right-hand man who was essentially the minister of culture, explicitly draws attention to this strategy in a speech fabricated by Dio. Maecenas advises Augustus, "Make this capital beautiful, spare no expense in doing so, and enhance its magnificence with festivals of every kind. It is right for us who rule over so many peoples to excel all others in every field of endeavor, and even display of this kind tends to implant [End Page 171] respect for us in our allies and to strike terror into our enemies" (1987, 52.30). Here Dio suggests, albeit in hindsight, that Augustus's building program was a conscious "display" of Rome's supremacy meant to elicit a reaction, particularly from those who dwelled outside the city.Though from this passage of Dio's it is possible to argue that the physical appearance of the city of Rome was meant to persuade, or at least elicit some response, the passage does not provide support for the claim that architecture, monuments, and city planning functioned rhetorically in ancient Rome. After all, Quintilian reminds us that "many other things have the power of persuasion" (1970, 2.15.6-9). Nonetheless, this passage does generate questions about the relationship between the Augustan building program, or more broadly the Augustan cultural campaigns, and rhetoric in the principate—specifically about the way in which the cultural campaigns functioned rhetorically to help Augustus gain and maintain power.Recently, I have argued that the Ara pacis Augustae, an Augustan monument commissioned in 13 BCE, functioned as a visual example of a rhetorical text, meant not only to celebrate Augustus's successful campaigns is Spain and Gaul but also to garner public support for Augustus's heir and the process of dynastic succession. Because specific rhetorical techniques often associated with the epideictic genre clearly function on the altar, the Ara pacis demonstrates that Augustus and/or his ministers were thinking rhetorically when constructing at least some Augustan monuments (Lamp 2009). Similarly, architectural historian Diana Favro has argued that certain aspects of Augustan architecture made use of rhetorical techniques related to the canon of memory (1996). These findings are perhaps not surprising given that George Kennedy, writing nearly forty years ago, acknowledged that Augustus, a figure he called "the greatest rhetorician of antiquity, " "developed new techniques of verbal and visual persuasion which took over some of the functions and adapted some of the methods of traditional oratory" (1972, 378, 382).Still, very little attention has been paid to Augustus as a rhetorical figure, which is not to say that scholars of rhetoric have paid no attention to Roman rhetoric. While the classicist Theodore Mommsen, writing in the latter half of the nineteenth century, went as far as to refer to the principate as the "end to the entire discipline of rhetoric" (1992, 125), the decline narrative in regards to Roman rhetoric is shifting. Traditionally, this decline narrative suggested that following the assassination of Cicero, traditional oratory retreated into... (shrink)

We motivate and introduce a new method of abduction, Matrix Abduction, and apply it to modelling the use of non-deductive inferences in the Talmud such as Analogy and the rule of Argumentum A Fortiori. Given a matrix $${\mathbb {A}}$$ with entries in {0, 1}, we allow for one or more blank squares in the matrix, say a i,j =?. The method allows us to decide whether to declare a i,j = 0 or a i,j = 1 or a i,j (...) =? undecided. This algorithmic method is then applied to modelling several legal and practical reasoning situations including the Talmudic rule of Kal-Vachomer. We add an Appendix showing that this new rule of Matrix Abduction, arising from the Talmud, can also be applied to the analysis of paradoxes in voting and judgement aggregation. In fact we have here a general method for executing non-deductive inferences. (shrink)

A sense of agency (SoA) is the experience of subjective awareness regarding the control of one’s actions. Humans have a natural tendency to generate prediction models of the environment and adapt their models according to changes in the environment. The SoA is associated with the degree of the adaptation of the prediction models, e.g., insufficient adaptation causes low predictability and lowers the SoA over the environment. Thus, identifying the mechanisms behind the adaptation process of a prediction model related to the (...) SoA is essential for understanding the generative process of the SoA. In the first half of the current study, we constructed a mathematical model in which the SoA represents a likelihood value for a given observation (sensory feedback) in a prediction model of the environment and in which the prediction model is updated according to the likelihood value. From our mathematical model, we theoretically derived a testable hypothesis that the prediction model is updated according to a Bayesian rule or a stochastic gradient. In the second half of our study, we focused on the experimental examination of this hypothesis. In our experiment, human subjects were repeatedly asked to observe a moving square on a computer screen and press a button after a beep sound. The button press resulted in an abrupt jump of the moving square on the screen. Experiencing the various stochastic time intervals between the action execution button-press) and the consequent event square jumping caused gradual changes in the subjects' degree of their SoA. By comparing the above theoretical hypothesis with the experimental results, we concluded that the update (adaptation) rule of the prediction model based on the SoA is better described by a Bayesian update than by a stochastic gradient descent. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Triangular Landscapes: Environment, Society, and the State in the Nile Delta under Roman Rule by Katherine BlouinBrendan HaugKatherine Blouin. Triangular Landscapes: Environment, Society, and the State in the Nile Delta under Roman Rule. London and New York: Oxford University Press, 2014. xxvi + 429 pp. 14 halftones, 28 tables, 5 maps. Cloth, $150.00.American journalist Hal Boyle is often said to have remarked, “What makes a river (...) so restful to people is that it doesn’t have any doubt—it is sure to get where it is going and it doesn’t want to go anywhere else.” Restful, perhaps. But the single-mindedness of a river’s flow can also be a source of anxiety. In contemporary America, the Lower Mississippi’s steady westward shift is a prominent example. Were its floodgates removed and the river allowed to “get where it is going,” it would soon abandon the cities of Baton Rouge and New Orleans, decimating their port-dependent economies.An awareness of such fluvial hazards has percolated into the study of ancient history over the last decade and a half, and works on the ancient Mediterranean’s riverine environments have been appearing with frequency. As in ancient environmental [End Page 528] history more broadly, Francophone scholars have led the way; Philippe Leveau’s work on the Rhône and the multiple colloquia spearheaded by Ella Hermon are particularly notable (e.g., Philippe Leveau, ed. “Le Rhône romain,” Gallia 56 [1999]; Ella Hermon, ed. Riparia dans l’Empire romain [2010]). On the Anglophone side, Gregory Aldrete’s Floods of the Tiber in Ancient Rome 2007, Peter Thonemann’s The Maeander Valley 2011, and Brian Campbell’s Rivers and the Power of Ancient Rome 2012 are essential.Katherine Blouin’s new study of the Mendesian nome (administrative division) in Egypt’s northeastern Nile Delta unites these twin streams. The book, an updated version of a French dissertation supervised by Hermon, focuses on the changing course and eventual extinction of the Nile’s Mendesian branch, documenting the effects of a shifting fluvial landscape, environmental stressors, and Roman agro-fiscal policy on the society and economy of the Delta during the first few centuries c.e. By merging Francophone scholarship on rivers, theoretical perspectives drawn from American environmental history, and a thorough command of the papyrological evidence, Blouin has made a significant contribution to the emerging field of ancient environmental history.In her introduction, Blouin grounds herself in what Hermon dubs “l’approche écosystémique” to environmental history. Casting aside environmental determinism and lachrymose tales of pristine nature violated (“l’approche égologique”), ecosystems thinking characterizes environments as “dynamic, multidimensional entities made up of a complex amalgam of continuities and ruptures” (7). While humanity is regarded as a constituent element of the natural world, human beings nonetheless possess the ability to adapt natural phenomena in significant ways. Thus, nature’s impacts upon society are never predetermined, for they are always mediated by human decision-making at multiple levels.The rest of the book is divided into four thematic sections. Part I situates the reader within the geomorphological and hydrological contexts of the Mendesian nome and reviews the surviving evidence. Parts II and III reconstruct the landscape and investigate agricultural diversification. Part IV offers environmental perspectives on a fiscal crisis in the late second century c.e. and the famous revolt of the Boukoloi.Synthesizing previous geomorphological and archaeological scholarship, chapter 1 traces the evolution of the Nile Delta from at least seven major branches to the modern two—the Rosetta and Damietta—by the early Arab period, a process significantly abetted by large-scale canalization projects (35). (See also John P. Cooper, The Medieval Nile [2014], who carries the story forward.)In chapter 2, Blouin surveys the archaeological and papyrological evidence for the Mendesian nome. Although excavations at its two ancient metropoleis of Mendes (Tell al-Rub’a) and Thmuis (Tell al-Timai) are ongoing—the latter partly under Blouin’s own direction—their evidence is secondary to her arguments, which depend primarily upon the papyri. This corpus is comprised of some ninety texts spanning the fourth century b.c.e. to the sixth century c.e., the majority... (shrink)

The Hebrew phrase tikkun olam means repairing, mending or healing the world. Today, the phrase tikkun olam, particularly in liberal Jewish American circles, has become a slogan for a diverse range of topics such as activism, political participation, call and pursuit of social justice, charities, environmental issues and healthy nutrition. Moreover, the presidents of the United States who attend Jewish religious days and Jewish ceremonies state the tikkun olam in its Hebrew origin, pointing out its origin embedded in the Judaism (...) and a religious rule and/or an obligation that is important in Jewish tradition and thought. Nevertheless, when we look at the context of religious literature in which the phrase is used, it is seen that, although it is difficult to make a clear definition, it does not reflect modern/widespread uses and their meanings. Furthermore, tikkun olam is an ignored and even rejected concept by the Rabbinic Judaism which claims to represent the tradition and its current representative Orthodox Judaism. This fact is also seen in the usage and prevalence of the term in the U.S. and Israel. Thus, in this article, especially with reference to the norms of Mishnah, the religious-juristicial contexts and possible meanings of the phrase of tikkun olam, the notion of tikkun olam in Jewish liturgy and its implied meaning and the Kabbalistic understanding of tikkun will be presented, the development, changing and conversion of the phrase in modern age and its contemporary usage areas and reinterpretations will be demonstrated.Summary: Recently and especially in the U.S., the Hebrew phrase tikkun olam are used as a slogan in a widespread manner such as for activism, political participation, social justice, all kinds of charities, environmental issues, counter terrorism and healthy nutrition. Such a common usage of the phrase is largely the result of its literal meaning and ambiguity. Hence, this article aims to explore the place of the concept of tikkun olam in Jewish religious literature and its variations and semantic changes. Tikkun olam, literally means the repairing, mending or healing the world. However, regarding its religious context, it is difficult to determine what it means accurately. In time, some has used the tikkun olam as a legislative justification for changing specific laws, some has attributed to it an eschatological meaning which indicates to the mesianic age, and some has dicussed it in the context of mystical sense. The first usage of the phrase of tikkun olam in the Jewish religious literature was simply in the form of “because of tikkun olam” in Gittin epistle, a tractate of Mishnah and Talmud. Here, the phrase was used as a reason of a judgment concerning to the subjects of marriage, divorcement, slavery, captivity etc. In the context of these subjects tikkun olam indicates to the similar meanings like “repairing, organizing, healing, changing the world; regulating and improving the society, maintaining the social order, and prioritizing the common good. In fact, the concept of tikkun olam as the reason of the judgements in these matters is likely related to a juridical reason that intends to ensure the personal and public welfare such as clarifying the marital status of woman, to prevent the capture and seizure from Jewish society, and to deal with economy and identification of juridical status of the slaves.The other reference to tikkun olam appears in the second part of the aleinu prayer. However, the notion of tikkun olam in the aleinu prayer refers to a situation that happens in God’s Kingdom if Torah and halakhah are followed carefully. Hence, the aleinu prayer’s tikkun olam points out eschatological expectation which desires a messianic age, but not the socio-political and ecological concerns of the world as in the current fields and meanings.The modern idea of tikkun olam is also associated with the Jewish mystical movement, Kabbalah. Nonetheless, the concept of tikkun in Kabbalah is not a concept related to the socio-political circumstances of the world where we live in, but it is related to the restoring of the divine world. In order to restoring the divine world, human should fulfill the commands by studying Torah and have a spiritual and moral rehabilitation process by engaging in ascetic practices.The use of the phrase of tikkun olam gradually progress in the socio-political life of the U.S. The first use of the expression of tikkun olam in the U.S. was in the 1950’s by Shlomo Bardin, the founder of the Brandeis Camp Institute in California. Bardin asserted that the Aleinu prayer was the most important expression of Jewish values, particularly the expression “le-taken olam be-malchut shaddai” that is typically translated as “when the world shall be perfected under the reign of the God.” Bardin suggested that these words referred to the obligation of Jews to work for a more perfect world. The concept of tikkun olam entered contemporary usage by the way of its being preferred as a name to those such as social justice and charity programmes which was launched by the Reformist and Conservative groups in the second half of the twentieth century. In 1970s, United Synagogue Youth which is the national youth foundation of the conservative movement adopted the expression of tikkun olam and changed the title of its social action programs from “Building Spiritual Bridges” to “Tikkun Olam.” Nowadays, United Synagogue Youth proceeds all of its social activities and tzedakah programs through the tikkun olam project.By the end of 1970’s, New Jewish Agenda, an organization devoted itself to the religious and social values, acknowledged the slogan of “Tikkun Olam” as the spirit of its ideology. In 1986, Michael Lerner entitled a left-oriented liberal publication with the concept of Tikkun by claiming that this concept represented the origin of Judaism, and he take an important role on making the concept have a prevalence.Pittsburgh Platform organized in 1999 by the Reformist Jewish Movement emphasized that people must perform the most significant moral principles in the relationships with all non-Jewish people and all other creatures. This platform also stated that making the world a better place with the help of God would quicken the upcoming the messianic age. The tikkun understanding of the Reformist movement evolved to more universal realm by embracing the non-Jewish people, as well. Over the last two decades, successive presidents of the U.S. who attended in the ceremonies of Jewish religious days and Jewish assemblages have contributed to the prevalence and usefulness of tikkun olam by mentioning the phrase of tikkun olam in Hebrew, expressing that this is an essential principle of Judaism and addressing that this has a central role in Jewish tradition and thought. On the other hand, this concept does not have an important or a central place in Rabbinic Judaism and even in Orthodox Jewish communities which are the current representatives of Rabbinic Judaism. Moreover, Reformist, Conservative, and Reconstructionist American Jews who are considered on the liberal side of the politics has put the concept on the current use and the world’s agenda. Thus, the phrase of the tikkun olam is more popular in non-Judaic milieux in the U.S. than the Jews in Israel. In Israel where the Orthodox doctrine is dominated and shaped the people, tikkun olam is regarded as a western value and is ignored. (shrink)

플라톤이 철인 통치를 주장한 문제와 관련, 일단 두 가지의 근거를 들 수 있다. 첫 번째로 동기(動機)의 문제가 있다. 통치하는 사람들이 통치하기를 좋아하는 존재라면, 도시 전체의 선(善)을 추구하지 않고 자신들의 이익을 위해 통치를 함으로써 도시 전체에 분란을 일으킬 가능성이 크다. 지혜를 사랑하는 사람들만이 정치적 삶보다 더 강렬하게 좋아하는 삶, 즉 ‘명상적 삶’에 천착하고 있기에 철인들은 비로소 도시 전체의 이익을 추구하는 것이 가능할 것이라는 것이 플라톤의 생각이다. 두 번째로 “누가 도시를 통치할 것인가” 하는 사안은 심각한 문제로서 도시전체는 물론 정치 엘리트와 민중들 사이에 (...) 파괴적이고 비열하기 짝이 없는 ‘분란’, 즉 ‘스타시스(stasis)’를 불러일으킨다. 결국 철인에 의한 통치만이 그러한 사태를 잠재울 수 있다. 이러한 플라톤의 주장에 설득력이 없다고 단언할 수는 없을 것이다. 하지만 이러한 두 가지 경험적 근거만으로 철인통치를 정당화할 수는 없다. 철인이 아니더라도 도시의 공동선을 추구하며 도시의 분란을 잠재우는 통치자를 상정하는 것은 충분히 가능한 일이기 때문이다. 이러한 관점에서 볼 때 두 가지 경험적 근거는 철인 통치에 본질적인 요소가 아니라 부차적인 요소에 불과하다. 그렇다면 핵심적인 근거는 무엇인가. 플라톤의 철인 통치의 정당성의 근거는 다분히 ‘인식론적’인 것이라고 생각된다. 철인들만이 진정으로 존재하는 것, 즉 정의로운 것, 선한 것, 훌륭한 것이 무엇인지에 대해 참된 지식, 즉 ‘에피스테메(episteme)’를 가지고 있다고 보기 때문이다. 바로 이 점이 철인들에게 최상의 통치자 자격을 부여할 수 있는 핵심적 근거이다. (shrink)

Drug recalls and lawsuits against pharmaceutical manufacturers are accompanied by announcements emphasizing harmful drug side-effects. Those with elevated health anxiety may be more reactive to such announcements. We evaluated whether health anxiety and financial incentives affect subjective symptom endorsement, and objective outcomes of cognitive and physiological functioning during a mock drug recall. Hundred and sixty-one participants reported use of over-the-counter pain medications and presented with a fictitious medication recall via a mock Food and Drug Administration website. The opportunity to join (...) a class-action lawsuit was manipulated. We assessed health anxiety, recalled drug usage, blood pressure, heart rate, and performance on a computerized Trail Making Test. Symptom endorsement was strongly predicted by health anxiety. When combined, three health anxiety measures explained 28.5% variance. These effects remain strong after controlling for depression and anxiety. Litigation condition did not predict symptom endorsement. Blood pressure and heart rate were modestly predicted by health anxiety, but not by litigation condition. TMT performance was consistently predicted by health anxiety, with higher scores associated with poorer performance. Although there were no main effects for litigation, interactions consistently emerged for the TMT, with generally poorer performance for those with higher health anxiety in the non-litigation condition; whereas health anxiety was unrelated to performance for the litigation condition. All but one participant joined the litigation when given the opportunity, despite a healthy sample and minimal use of pain medication. Subsequent data from 67 individuals with no mention of the FDA scenario or litigation showed that health anxiety still significantly predicts symptom endorsement, but the explained variance is less than half that obtained in the FDA scenario. The findings suggest that health anxiety plays a significant role in adverse symptom reporting, beyond anxiety or depression, and this effect is independent of the presence of the FDA recall. The lack of differences for health anxiety and symptom endorsement between litigation and non-litigation conditions rules out malingering. Although it is general practice in drug recalls to list potential adverse side effects caused by medications, this may elicit unintended symptom experiences and health anxious individuals may be more susceptible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:72. HAS HUME A THEORY OF SOCIAL JUSTICE? Toward the end of An Enquiry concerning the Principles of Morals, Hume asserts in a footnote that: In short, we must ever distinguish between the necessity of a separation and constancy in men's possession, and the rules, which assign particular objects to particular persons. The first necessity is obvious, strong, and invincible : the latter may depend on a public utility (...) more light and frivolous, on the sentiment of private humanity and aversion to private hardship, on positive laws, on precedents, analogies, and very fine connexions and. turns of the imagination. For one who draws the connection between the ideas of justice and possession as closely as he does, Hume's ambivalence here concerning the rules or principles governing the distribution of objects to be possessed is more than slightly surprising. In fact, for admirers of Hume interested in theories of social (or distributive) justice, his failure to state a preference among these various 'principles of distribution' is downright depressing. Is this all Hume has to say on the subject of how possessions are to be distributed within society? Does it not matter to him what the principles are upon which this distribution is accomplished — as long as it is accomplished? These are the questions with which this essay is concerned, questions which essentially reduce to that of whether Hume has a theoiy of social or distributive justice at all. To be sure;, the amount of space Hume devotes to the discussion of justice would seem to indicate that he is working from a particular theory of social justice, and authors such as Miller, Day, and Ardal ascribe one to him, yet Hume's apparent lack of concern for principles of distribution disputes this ascript- 73. 2 ion. For at the center of all such theories — from Aristotle to Rawls — lies a preference for a certain principle or set of principles which dictates how advantages (goods, wealth, benefits, etc.) should be distributed. In order to evaluate Hume's status as a theorist of social justice, two approaches recommend themselves. First, it is necessary to discover and examine in Hume's major works possible criteria which might dictate how possessions should be distributed in society. Three such criteria will be dealt with here: the principle of utility as Hume construes it, the formal principle of correct application of law, and the principles Hume entitles the laws of nature". If none of these emerge, singly or in combination, as the principle underlying a Humean theory of social justice, a second avenue for analyzing Hume's views of social justice will be explored. Here some of the critical psychological and moral characteristics which Hume attributes to human nature will be examined to determine whether Hume, though he seems to accept no specific principle of distribution, might arrive at a coherent theory of justice in a negative fashion; that is, through rejecting certain criteria of distribution, particularly merit and need. II. The half-heartedness of Hume's commitment to the principle of utility as either a standard of personal morality, a measure of the justness of particular actions, or as 4 an explanatory principle has been frequently documented, and, although the main purpose of this essay is to examine Hume's theory of social rather than personal justice, a few comments on the latter will form a useful preface for the subsequent argument that Hume is equally as luke-warm toward utilitarianism as an adequate basis of social justice. Three considerations indicate Hume's non-utilitarian approach to personal morality. First, unlike all advocates of utilitarianism, Hume is not a consequentialist on matters 74. of personal ethics. That is to say, when Hume speaks of what makes persons or their actions virtuous, he insists that the major criterion for such an evaluation is the motive upon which the agent acts. In the Treatise he states that a virtuous motive is requisite to render an action virtuous ; (T478), and maintains this view in the Enquiry as well. Hume therefore violates the consequentialist stance implicit in the utilitarian construal of personal morality, but just as seriously, is also left rather cold by the later utilitarian contention of Mill... (shrink)

One of the remarkable features of the turmoil surrounding the counting and recounting of votes in the State of Florida in the 2000 US Presidential Election was the frequency with which "the Rule of Law" was invoked. Whether the antagonists in Florida knew it or not, they are in fact aspects of a venerable heritage of contestation that comes down to us as part and parcel of the Rule-of-Law tradition. The fact that "the Rule of Law" has (...) always evoked this contestation has led some to surmise that an old article by a linguistic philosopher, W.B. Gallie, entitled, "Essentially Contested Concepts" might afford the most fruitful basis for approaching the analysis of the term. (shrink)

An introduction to the philosophy of law, which offers a modern and critical appraisal of all the main issues and problems. This has become a very active area in the last ten years, and one on which philosophers, legal practitioners and theorists and social scientists have tended to converge. The more abstract questions about the nature of law and its relationship to social norms and moral standards are now seen to be directly relevant to more practical and indeed pressing questions (...) about the justification of punishment, civil disobedience, the enforcement of morality, and problems about justice, rights, welfare, and freedom. David Lyons is a shrewd, clear and systematic guide through this tangled area. The book presupposes no formal training in law or philosophy and is intended to serve as a textbook in a range of introductory courses. (shrink)

Roger Swyneshed, in his treatise on insolubles, dating from the early 1330s, drew three notorious corollaries from his solution. The third states that there is a contradictory pair of propositions both of which are false. This appears to contradict what Whitaker, in his iconoclastic reading of Aristotle’s De Interpretatione, dubbed “The Rule of Contradictory Pairs”, which requires that in every such pair, one must be true and the other false. Whitaker argued that, immediately after defining the notion of a (...) contradictory pair, in which one statement affirms what the other denies of the same thing, Aristotle himself gave counterexamples to the rule. This gives some credence to Swyneshed’s claim that his solution to the logical paradoxes is not contrary to Aristotle’s teaching, as many of Swyneshed’s contemporaries claimed. Insolubles are false, he said, because they falsify themselves; and their contradictories are false because they falsely deny that the insoluble itself is false. Swyneshed’s solution depends crucially on the revision he makes to the acount of truth and falsehood, brought out in his first thesis: that a false proposition can signify as it is, or as Paul of Venice, who took up and developed Swyneshed’s solution some sixty years later, puts it, a false proposition can have a true significate. Swyneshed gave a further counterexample to when he claimed that some insolubles, like future contingents, are neither true nor false. Dialetheism, the contemporary claim that some propositions are both true and false, is wedded to the Rule, and in consequence divorces denial from the assertion of the contradictory negation. Consequently, Swyneshed’s logical heresy is very different from that found in dialetheism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Sport Realism: A Law-Inspired Theory of Sport by Aaron HARPERTim ElcombeHARPER, Aaron. Sport Realism: A Law-Inspired Theory of Sport. Lanham, Md.: Lexington Books, 2022. viii + 172 pp. Cloth, $95.00At a crucial moment in the 2019 World Series all six on-field umpires, in communication with Major League Baseball’s headquarters, engaged in an 8-minute discussion to determine if a baserunner should be called out for interference. The deliberation stemmed (...) from a tension between the formal rules of baseball and the game’s unwritten rules about a baserunner’s traveled path to first base. This example of a “hard case” in sport officiating sets Aaron Harper’s book Sport Realism: A Law-Inspired Theory of Sport in motion. Harper’s aim in Sport Realism is to provide a new “theory of sport” drawing primarily from American legal realism—and supplemented by philosophical pragmatism and virtue jurisprudence. Sport realism, Harper argues, serves as the best resource to understand how rules are applied in sport and how officials make in-game decisions, and it highlights the importance of participants being able to develop an expectation for how calls will be made in the future and to make difficult normative judgments.In chapter 1, Harper provides an excellent overview of the sport philosophy literature related to “theories of sport.” Using a chronological approach, he develops a clear and extensive “history” of the evolution of the field’s most influential theories and their connections to legal theory. Harper summarizes how formalism’s rigid commitment to “constitutive” rules that supposedly define a sport led to criticisms from conventionalists who alternatively generated their account of how nonwritten rules or a sporting ethos defines how a sport is played. However, the laissez-faire nature of conventionalism, as well as the inflexibility of formalism, gave rise to now-dominant interpretivist theories of sport that Harper covers in significant detail. Primarily inspired by Ronald Dworkin, philosophers developed theories that relied on the interpretation of principles that affirmed a sport’s point and purpose. Emergent formulations of interpretivism—from realist accounts to antirealist/historicist versions—all relied on the interpretation of some essential starting point (rules, principles, ethos, deep conventions) to both explain sport and provide officials with normative guidance.Harper regularly lauds interpretivism as the best theory of sport developed to date. However, in chapter 2 he highlights deficiencies with interpretivist accounts via two case studies: New York Yankees’ pitcher Michael Pineda’s “illegal” use of pine tar to improve his grip on the [End Page 147] baseball, as well as Tiger Woods taking a favorable drop after hitting his golf ball into a water hazard. From these two cases, Harper concludes that all variations of interpretivism (from realist to antirealist accounts) fall short in the purpose of developing a theory of sport: to both explain sport (Pineda case) and give a wide swath of formal and informal decision-makers tools to make difficult ethical judgments (Woods case).Harper turns to American legal realism in chapter 3 to develop a superior theory of sport. Crucial to Harper’s sport realism account is Oliver Wendell Holmes’s resistance to understanding law as a set of rules or principles, and instead as an ongoing process of “policymaking” best characterized by the role of the appellate courts. “Understanding the law” from a Holmes perspective, Harper writes, “entails successful prediction of how courts will act in deciding cases... which actions will, in fact, prompt sanction by a court.” This alternative view of the law led to the rise of American legal realism—and subsequently serves as the source of Harper’s sport realism account sketched out in the latter half of chapter 3. According to sport realism, sport ought to be explained by how “it is actually played in order to provide a more accurate account of sport as an activity.” This “best explanation of sport” therefore “provides normative guidance” for sporting challenges.Continuing his development of sport realism, Harper sets out in chapter 4 to define cheating as “an instance of rule-breaking [that] warrants a restorative sanction given by sport officials, and we would expect such sanction to be given if the action... (shrink)

The principle of maximum entropy is a method for assigning values to probability distributions on the basis of partial information. In usual formulations of this and related methods of inference one assumes that this partial information takes the form of a constraint on allowed probability distributions. In practical applications, however, the information consists of empirical data. A constraint rule is then employed to construct constraints on probability distributions out of these data. Usually one adopts the rule that equates (...) the expectation values of certain functions with their empirical averages. There are, however, various other ways in which one can construct constraints from empirical data, which makes the maximum entropy principle lead to very different probability assignments. This paper shows that an argument by Jaynes to justify the usual constraint rule is unsatisfactory and investigates several alternative choices. The choice of a constraint rule is also shown to be of crucial importance to the debate on the question whether there is a conflict between the methods of inference based on maximum entropy and Bayesian conditionalization. (shrink)