This chapter examines the progressive nature of liberalization of the free movement of capital supported by reference to the relevant treaty provisions, secondary legislation, and case law of the Court of Justice of the European Union (CJEU). The free movement of capital is closely associated with the single currency of the European Union, the euro; consequently, the chapter will also briefly examine the current reform measures introduced for its effective management. The rules on the free movement of capital were set (...) out in Articles 67 to 73 European Economic Community (EEC) with the aim of facilitating the liberalization of the capital movements between the member states. The change of the legal foundation of the free movement of capital after the Maastricht Treaty has created some degree of uncertainty over the legal status of Capital Directive 88/361/EEC as it owes its existence to the repealed Article 67 EEC. (shrink)

The early decades of the last century saw European philosophical thought becoming increasingly interested in the sociological extension of the idea of law. From the viewpoint of the sociology of law, law is formed in the process of social interactions and is not sanctioned by the state. Sergey Hessen and Georges Gurvitch base their conceptions of social law on the sociology of law in the 1920s and 1930s. They start a polemic in the pages of the journal Sovremenniye zapiski. Although (...) they differ radically in their definitions of the status of the state they concur in defining society as a set of social institutions and communities existing as instruments for expressing personal freedom. The social regulations they propose are already legal situations. Hessen and Gurvitch believe that the individual can fully exercise his/her freedom only in conditions of such legal pluralism. However, the concept of legal pluralism involves an inherent problem of preserving social unity: why is it that society does not fall into a range of autonomous social entities, each offering the individual its own legal order for actualising freedom? To solve this problem the philosophers use the concept of “the general will”. General will is an instrument of correlation between individual freedom and the development of society and culture as a whole. The object of philosophical dispute is how the general will is formed: 1) in the process of social self-organisation according to Gurvitch; 2) in the operation of the suprafunctional organisation according to Hessen. The difference in the grounding of the general will leads to a difference in the concepts of social unity: 1) sobornost according to Gurvitch and 2) solidarity according to Hessen. Analysis of the dispute between Gurvitch and Hessen brings out not only the differences in the interpretation of social unity but also the fundamental problems with the conceptions of social law. (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)

Neo-republicanism seems well suited to provide insight into current policies for the control and restriction of immigration. In this paper, I discuss three different accounts of domination to assess whether they can provide intuitively acceptable responses to the types of domination experienced by different groups of immigrants. First, I present and criticize an argument offered by Philip Pettit in support of the view that immigration restrictions could in principle avoid being dominating. My criticism focuses on Pettit’s account of non-arbitrary governmental (...) action that claims that laws and policies are not dominating when people have democratic control over the government’s activity. Given the failure of Pettit’s argument, I turn to the proceduralist account of non-arbitrary state action proposed by Frank Lovett, and discuss the limitations of the account in diagnosing all ways in which border controls and immigration policy can generate domination. Finally, I present and defend the view that governmental action is not dominating when there are adequate checks that protect the objective interests of individuals. (shrink)

Andy Clark has argued that language is “in many ways the ultimate artifact” (Clark 1997, p.218). Fuelling this conclusion is a view according to which the human brain is essentially no more than a patterncompleting device, while language is an external resource which is adaptively fitted to the human brain in such a way that it enables that brain to exceed its unaided (pattern-completing) cognitive capacities, in much the same way as a pair of scissors enables us to “exploit our (...) basic manipulative capacities to fulfill new ends” (Clark 1997, pp.193-4). How should we respond to this bold reconceptualization of our linguistic abilities? First we need to understand it properly. So I begin by identifying and unpacking (and making a small “Heideggerian” amendment to) Clark’s main language-specific claims. That done I take a step back. Clark’s approach to language is generated from a theoretical perspective which sees cognition as distributed over brain, body, and world. So I continue my investigation of Clark’s incursion into linguistic territory by uncovering and illustrating those key ideas from the overall distributed cognition research programme which are particularly relevant in the present context. I then use this analysis as a spring-board from which to examine a crucial issue that arises for Clark’s account of language, namely linguistic inner rehearsal. I argue that while there is much to recommend in Clark’s treatment of this issue, some significant difficulties remain to be overcome. Via this critique of Clark’s position, alongside some proposals for how the revealed problems might be addressed, I hope to edge us that bit closer to a full understanding of our linguistic abilities. (shrink)

This book defends antitheodicism, arguing that theodicies, seeking to excuse God for evil and suffering in the world, fail to ethically acknowledge the victims of suffering. The authors argue for this view using literary and philosophical resources, commencing with Immanuel Kant's 1791 "Theodicy Essay" and its reading of the Book of Job. Three important twentieth century antitheodicist positions are explored, including "Jewish" post-Holocaust ethical antitheodicism, Wittgensteinian antitheodicism exemplified by D.Z. Phillips and pragmatist antitheodicism defended by William James. The authors argue (...) that these approaches to evil and suffering are fundamentally Kantian. Literary works such as Franz Kafka'sThe Trial, Samuel Beckett's Waiting for Godot, and George Orwell's Nineteen Eighty-Four, are examined in order to crucially advance the philosophical case for antitheodicism. (shrink)

In this paper, I seek to provide building blocks for a reconciliation of the ethical care for heritage protection and nature restoration ethics. It will do so, by introducing a hermeneutic landscape philosophy that takes landscape as a multi-layered “text” in need of interpretation, and place identities as build upon certain readings of the landscape. I will argue that from a hermeneutic perspective, both approaches appear to complement each other. Renaturing presents a valuable correction to the anthropocentrism of many European (...) rural cultures. Yet, heritage protectionists rightly point to the value of narratives for Old World identities. I will conclude with a short reflection on how such a hermeneutic environmental ethic can be helpful in dealing with environmental conflicts. (shrink)

Wines with geographical indication can be classified and represented by such features as designations of origin, producers, vintage years, alcoholic strength, and grape varieties; these features allow us to define wines in terms of a set of necessary and/or sufficient conditions. However, wines can also be identified by other characteristics, involving their look, smell, and taste; in this case, it is hard to define wines in terms of necessary and/or sufficient conditions, as wine concepts exhibit typicality effects. This is a (...) setback for the design of computer science ontologies aiming to represent wine concepts, since knowledge representation formalisms commonly adopted in this field do not allow for the representation of concepts in terms of typical traits. To solve this problem, we propose to adopt a hybrid approach in which ontology-oriented formalisms are combined with a geometric representation of knowledge based on conceptual spaces. As in conceptual spaces, concepts are identified in terms of a number of quality dimensions. In order to determine those relevant for wine representation, we use the terminology developed by the Italian Association of Sommeliers to describe wines. This will allow us to understand typicality effects about wines, determine prototypes and better exemplars, and measure the degree of similarity between different wines. (shrink)

In June 2021, new waves of the current COVID-19 pandemic are still messing up our lives and magnetizing the compass of our life. No other epidemics or pandemics have been politicized at such a level since ancient times. The full political spectrum from right to left has tried to ride this pandemic and upset the public health response efforts. Statistics and politics have changed our daily approach to this brutal infection, but even crueler has been the palpable miscommunication. Massive and (...) uncontrolled lockdowns and not climate change are destroying the economy of our planet. Intolerance against vaccine opponents and hesitant families has been vocalized with martial tones in both social media and news channels. In this book, the author analyzes the pandemic in a historical context, emphasizes the importance of facemasks, but also highlights our human approach to anti-mask psychology. It would be appalling to call mistakes in public health decisions "learned lessons" because it reduces the gravity of the consequences of inadequate communication. Our youth is our future. The mental issues arising from a lack of social interaction and in-person education are dreadful. Vaccines are powerful and represent the most outstanding progress in medicine. There is light at the end of the tunnel, but vaccine acceptance or herd immunity is not the answer, or probably, not the only one. There is true hope that we are going back to our world, but the COVID-19 pandemic may be an occasion to reconsider the traditional family in the center of our lives and daily politics. A tolerance towards any race needs to be contagious, militant, and blazing to vehemently rebuild and revitalize the American Dream. (shrink)

A few results generalizing well-known classical model theory ones have been obtained in institution theory these last two decades (e.g. Craig interpolation, ultraproduct, elementary diagrams). In this paper, we propose a generalized institution-independent version of the Beth definability theorem.

Soviet attitude towards Bohr reflects changes in the ideological approach to science. During the last period before Stalin's death danov proclaimed the campaign against Western influence in Soviet philosophy and science. Nevertheless the physicist M. A. Markov tried to introduce complementarity as a materialistic interpretation of quantum-mechanics in 1948. He was officially condemned. This was followed by a period (1948-54) during which heavy attacks were made against the Copenhagen school. In 1958, after a personal exchange of thoughts with Bohr, academician (...) Fock declared complementarity and probability to be irreversible steps towards a new insight into physical reality, at the same time correcting some of Bohr's epistemological conceptions. (shrink)

The medieval Islamic philosophers held a certain conception of the divine unity that assumes the necessary existent to be both one and simple. The oneness of the necessary existent meant that it is the only necessary existent and its simplicity meant that it admits no composition whatsoever – it is pure essence and its essence is necessary existence. In The Incoherence of the Philosophers al-Ġazālī presents, with elaboration, an exposition of the philosophers' conception of the divine unity, several arguments for (...) its two components, and his critique of these arguments. In this paper I focus on six of the arguments attributed to the philosophers. Following the textual evidence, I reconstruct these arguments and offer two possible interpretations of them. The first interpretation, which I call the many-argument interpretation, sees one of the arguments as employing the simplicity of the necessary existent to establish its oneness and the other five arguments as invoking oneness to establish simplicity. The second interpretation, which I call the one-argument interpretation, doesn't offer a new reading for the first argument but sees the other five arguments as defending the simplicity of the necessary existent based on its basic concept. I argue for the superiority of the one-argument interpretation. Résumé Les philosophes de l'Islam classique ont une doctrine de l'unité divine selon laquelle l'existant nécessaire est à la fois unique et simple. Son unicité signifie qu'il est le seul existant nécessaire, sa simplicité qu'il n'admet aucune sorte de composition; il est pure essence et son essence est existence nécessaire. Dans la Destruction des Philosophes, al-Ġazālī présente avec force détails un exposé de la doctrine de l'unité divine des philosophes, plusieurs arguments en faveur de ses deux composantes, ainsi que sa critique de ces arguments. Je me concentre ici sur six des arguments qu'il attribue aux philosophes. En suivant les données textuelles, je reconstruis ces arguments et en propose deux interprétations possibles. La première, que j'appelle l'interprétation “à arguments multiples”, identifie l'un des arguments comme s'appuyant sur la simplicité de l'existant nécessaire pour établir son unicité, et les cinq autres comme s'appuyant sur son unicité pour établir sa simplicité. La seconde, que j'appelle l'interprétation “à argument unique”, conserve la première lecture du premier argument mais voit dans les cinq autres une défense de la simplicité de l'existant nécessaire fondée sur sa notion fondamentale. J'argumente en faveur de la supériorité de l'interprétation “à argument unique”. (shrink)

carrington places race and racism at the center of his densely written analysis of science fiction, fantasy, utopia, and other forms of popular culture. He moves easily between a broad range of forms, which include memoirs, television series, comic books, novels, novelizations, fandom and fanzines, and short fiction and fiction circulated on the Internet. Popular culture helps us to construct notions of identity and race, and for carrington many constituent groups, notably fans, develop its key concepts and values.Speculative fiction is (...) for carrington a framework that links these various forms of popular culture. Here, SF is a genre different from literature, as it is situated closer to, and is more deeply... (shrink)

LetL(K) denote the lattice (ordered by inclusion) of quasivarieties contained in a quasivarietyK and letD 2 denote the variety of distributive (0, 1)-lattices with 2 additional nullary operations. In the present paperL(D 2) is described. As a consequence, ifM+N stands for the lattice join of the quasivarietiesM andN, then minimal quasivarietiesV 0,V 1, andV 2 are given each of which is generated by a 2-element algebra and such that the latticeL(V 0+V1), though infinite, still admits an easy and nice description (...) (see Figure 2) while the latticeL(V 0+V1+V2), because of its intricate inner structure, does not. In particular, it is shown thatL(V 0+V1+V2) contains as a sublattice the ideal lattice of a free lattice with free generators. Each of the quasivarietiesV 0,V 1, andV 2 is generated by a 2-element algebra inD 2. (shrink)

Background and objectives: Physicians are exposed to matters of existential character at work, but little is known about the personal impact of such issues. Methods: To explore how physicians experience and cope with existential aspects of their clinical work and how such experiences affect their professional identities, a qualitative study using individual semistructured interviews has analysed accounts of their experiences related to coping with such challenges. Analysis was by systematic text condensation. The purposeful sample comprised 10 physicians (including three women), (...) aged 33–66 years, residents or specialists in cardiology or cardiothoracic surgery, working in a university hospital with 24-hour emergency service and one general practitioner. Results: Participants described a process by which they were able to develop a capacity for coping with the existential challenges at work. After episodes perceived as shocking or horrible earlier in their career, they at present said that they could deal with death and mostly keep it at a distance. Vulnerability was closely linked to professional responsibility and identity, perceived as a burden to be handled. These demands were balanced by an experience of meaning related to their job, connected to making a difference in their patients’ lives. Belonging to a community of their fellows was a presupposition for coping with the loneliness and powerlessness related to their vulnerable professional position. Conclusions: Physicians’ vulnerability facing life and death has been underestimated. Belonging to caring communities may assist growth and coping on exposure to existential aspects of clinical work and developing a professional identity. (shrink)

On various principles of economics in an Islamic society.

The passing on of information to GPs by genito-urinary doctors is to be encouraged but is not always possible and ultimately the patient's wishes and confidentiality must be respected if sexually transmitted diseases and HIV infection are to be controlled. Infected health-care workers should seek counselling and medical support and clear guidelines from professional organisations which are in existence. However, they will only do so if strict confidentiality is maintained and assurance about future employment can be given.

Study in the context of the Hindu philosophical system, with special reference to Vedanta.