The present work explores the possibility of conciliating the truth-conditional relevance of referential uses of definite descriptions with the assignment of a univocal linguistic meaning to these constructions. It is argued that conciliation is possible if we reject the thesis, central to the debate between Russellians and ambiguity theorists, according to which referential uses are truth-conditionally relevant if and only if they constitute referential meanings. We sketch a framework within which the denial of that thesis has theoretical content, by (...) drawing on the conceptual resources of Relevance Theory and on a pragmatic conception of reference, following Strawson. The linguistic meaning of definite descriptions is analyzed as a procedural meaning that is semantically underdetermined with respect to both referential and attributive readings, and a pragmatic strategy for understanding this ambiguity is sketched. El presente trabajo explora una posible conciliación de la relevancia para las condiciones de verdad de los usos referenciales de descripciones definidas con la postulación de un significado lingüístico unívoco para tales construcciones. Se argumenta que dicha conciliación es posible si se abandona la tesis, central en el debate entre russellianos y teóricos de la ambigüedad, según la cual los usos referenciales son relevantes para las condiciones de verdad si y sólo si constituyen significados referenciales. Se esboza un marco dentro del cual la negación de esta tesis tiene contenido teórico, apelando a los recursos conceptuales de la Teoría de la Relevancia y a una concepción pragmática de la referencia en la línea de Strawson. Se analiza el significado de las descripciones definidas como un significado procedimental, semánticamente subdeterminado respecto de una lectura referencial o atributiva, y se esboza una manera pragmática de entender esta ambigüedad. (shrink)

The author discusses the thesis proposed by H. Hazlitt that jurisprudence has developed such methods and principles of solving legal problems that could also serve as a guide in solving ethical problems. The article critically reviews the reasoning behind this thesis made by H. Hazlitt and L. Yeager. A special attention is paid to the influence of J. Bentham’s utilitarian ideas on the formation of Hazlitt’s conception. Not being a lawyer, Hazlitt in the work The Foundations of Morality argued that (...) the law affects morality. In Hazlitt’s ethical theory judicial precedents affect the formation of moral rules. Hazlitt compares the formation of general rules in the sphere of morality and law. Using the formula of evaluation of moral rules proposed by Hazlitt, situations should be considered from three positions: subject of action, object of action, and impartial observer. Even though Yeager develops the ideas of Hazlitt, the former uses different arguments to substantiate the main thesis. Yeager believes that the laws have to declare the norms of morality. However, the arguments of Hazlitt and Yeager should be considered critically, as some researchers have done. As an additional argument to support the article’s main thesis, it is proposed to use the mechanism of conciliation procedures as a model for solving ethical problems. The article concludes that the thesis proposed by Hazlitt is valid but requires further reasoning and research by the philosophers of law. (shrink)

Collective labour disputes are inevitably related to the institutes of a dispute, since the employees and employers often fail to reach a consensus on a particular issue. Moreover, the employers do not always follow the agreed terms and conditions of the collective agreement. In order to disclose the problems of the settlement of collective labour disputes in Lithuania, it is necessary to analyse the conception and classification of the institutes of dispute, distinguishing the conception of collective labour disputes, the (...) class='Hi'>procedure of settlement of such disputes, and possible methods of settlement with the emphasis on the institutes of a strike. This article also seeks to reveal the peculiarities of the cases that settle individual labour disputes, the subject of which at least partially includes the provisions of the collective agreement, and collective labour disputes regarding the legality of strike. (shrink)

How to avoid that light on facts and past acts implodes any community which tempts a refondation? The treatment of the hatred, which accompanies civil war, is one of the most pointed cyclical problems in politics The essay concerns two procedures of exception : in Athens, after civil war, decree of 403, first procedure of amnesty ; and, in current South Africa, the commission of the Truth and Conciliation. That one confronts with a «normal» procedure: that of (...) the management of the sensitive archives, such as we practise it in France. On this way, one hopes to put in light certain links among political and practical discursive, and some teachings as for the manners of which can be formed the truth and the politics. (shrink)

: The schools of fiqh applied different methods to eliminate contradictions between narrations. In fact, this difference in methodology directly led to fiqh disagreement. Thus, a school explains within the framework of its own procedural system which of the contradictory narratives it uses as evidence, the reason for using this narrative, how they interpret other narrations about the subject or the reason for not using these reports as evidence. This article aims to chronologically examine the theory that the Ḥanafī developed (...) about antithetical narratives based on ‘Īsā ibn Abān, al-Karkhī, al-Jaṣṣāṣ, al-Dabūsī, al-Pazdawī and al-Sarakhsī. Moreover, the criticisms and contributions made by the scholars of the principles of jurisprudence are determined. Frequently repeated approach in some research that the Hanafis first used the abrogation to fulfill the contradiction between the narrations is questioned within the framework of the aforementioned scholars’ viewpoints Summary: The theory of contradictory narratives, developed as part of the narration theory, has an important position in the sense of the school’s approach to the Sunnah. This is because the system that a school of jurisprudence implements to fulfill the contradiction between narrations has an important influence in scholars’ juridical opinion. In some studies carried out today, the system developed by the Ḥanafī to eliminate the contradiction between narratives is presented in two different ways as abrogation, preference, conciliation and not to use as evidence or abrogation, conciliation and applying principles. The common point of the two hierarchies of solution is placing abrogation in first rank. In order to test the accuracy of this information in this research, we studied the system that the Ḥanafi scholars who lived in the first five centuries of the Hijra followed to eliminate the contradiction between the narrations. The development of this theory in the five centuries of the Hijra was examined on the basis of the views of ‘Īsā ibn Abān, al-Karkhī, al-Jaṣṣāṣ, al-Dabūsī and al-Sarakhsī. It is an indisputable fact that the construction and development of a theory requires a process. In this context, the present study investigated when and on which principles the theory of contradictory narratives on Ḥanafīan theory of narrative/Sunnah is started to be instituted; who and for what reasons contributed to it during this evolution process and how; and how it is instituted the way of solution hierarchy in theearly period which makes a differentiation in comments between Ḥanafīan later. This theory was enriched by principles that were developed with different perspectives during a long process and its comprehensibility was boosted using new concepts and systematic expression. Ḥanafī legal theorists benefited from the opinions of masters of the jurisprudence school to enrich this theory in terms of principles. This suggests that the theory is a scientific effort aimed at discovering how masters of the jurisprudence school are following a method in the face of contradictory narratives. As far as known, Isā ibn Abān is the first theoretician to have detailed methodological explanations related to contradictory narratives between the Hanafi scholars. This shows that the theory related to contradictory narratives was established at the beginning of the third century of the hegira. 'Isā ibn Abān divides the opposite narratives into hadiths that are compatible with consensus and hadiths that are contrary to consensus on the basis of consensus. He accepts the hadith in the first group and he evaluates the hadith in the second group as the abrogated if it is authentic. It must be stated that this solution path which Isā ibn Abān put forth is of high practical value. There is no practical value in fıqh to eliminate the contradiction between the hadith which is compatible with the consensus and the hadith contrary to this consensus by the conciliation method. Moreover, giving an active role to the consensus in the determination of the abrogating and abrogated also prevents easy access to the method of abrogation. ‘Isā ibn Abān divides hadiths that are without consensus about their provisions into two: the appearance date is known and unknown. He first applied the conciliation method to fulfill the contradictions between the narrations in both groups. If the problem is not solved by the conciliation method, Isā applies the abrogation method for narrations whose the appearance date is known. The ones that the date is not known can be acceptable in accordance with the originals, and if this is not possible, he says that both narrations cannot be used as evidence. al-Jaṣṣāṣ, who is one of the people who convey mostly al-Karkhī's views on fiqh methodology, does not convey the views of al-Karkhī on contradictory narratives in integrity that we see in the transmission of 'Isā ibn Abān’s theory and its interpretation. It is understood that al-Jaṣṣāṣ benefited from the views of al-Karkhī to improve the system of Isā ibn Abān. This suggests that al-Karkhī basically accepted the system of contradictory narratives established by Isā ibn Abān. al-Jaṣṣāṣ 's most important role in the theory of contradictory narratives is based on the principles laid down by ‘Isā ibn Abān and al-Karkhī. The person who mostly contributed to this theory after al-Karkhī is al-Dabūsī. It is understood from al-Dabūsī’s accounts that he divides the contradiction into two parts, the truth and the apparent. al-Dabūsī stipulated for evaluating a contradiction as a real contradiction. These conditions are, in essence, solutions for the elimination of the contradiction. When it comes to al-Sarakhsī, he dealt with this issue more precisely with concepts such as “evidence”, “judgement”, “state”, “date is clear in the text”, “date is not clear in the text”. In the system of al-Sarakhsī, the last option is the abrogation to eliminate the contradiction. (shrink)

participe et contribue à l’évolution psychique du sujet. L’espace familial et maternel peut réintroduire une image du père dans toutes ses composantes identificatoires et dans sa symbolique de séparation... Les pathologies rencontrées chez les enfants, pris en charge par les institutions médico-sociales, nécessitent des procédures cliniques nouvelles qui concilient autant la prise en compte du contexte social que la problématique de la famille et la souffrance psychique du sujet. Le travail thérapeutique à domicile est une possibilité tout à fait intéressante (...) pour que l’ensemble de la famille. (shrink)

Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of two recent (...) cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

Résumé Le but de cet article est d’interroger les trois notions de texte, discours et cognition, et les modèles théoriques, complémentaires ou opposés, qui les illustrent et les défendent. Pour cela, les notions ne seront pas analysées à la suite, une par une, mais en parallèle, deux par deux. Reprenant les orientations de mes travaux actuels en linguistique textuelle et en linguistique cognitive, je les confronterai en deux temps : texte vs. discours et texte vs. cognition. Cette double confrontation, avec (...) le texte pour dénominateur commun, laisse ainsi entendre, d’une part, que si je prends en compte le discours comme le cadre contextuel, situationnel, générique, où apparaît le texte, je m’attache au texte comme objet d’analyse, suivant en cela une tradition « pragoise », à la fois structurale ou macro-syntaxique et fonctionnelle ; cela laisse entendre, d’autre part, que cette conception du texte permet de concilier les théories néo-pragoises à celles que développent les linguistiques cognitives d’aujourd’hui, centrées sur diverses compétences, activités ou opérations, mentales, sémantiques, pragmatiques et sémiotiques, souvent regroupées sous le terme englobant ou résultant de représentation : espaces mentaux, projections, mélange (blending), émergence de sens. Pour finir je montre que la procédure de double intégration, conceptuelle et prédicative, permet d’illustrer la complémentarité des deux modèles, mental-cognitif et macrosyntaxique-textuel. (shrink)

Martin Ebeling argues that a popular theory in the epistemology of disagreement--conciliationism--supports an egalitarian approach to politics. This view is mistaken for two reasons. First, even if political parties have the epistemic value that Ebeling claims, voters should not regard each other as epistemic peers--which conciliationism requires that they do. The American electorate is strikingly heterogeneous in both its knowledgeability and its rationality, and so the necessary epistemic parity relation does not hold. Second, for technical reasons, the beliefs that a (...) rational voter arrives at after conciliating with his peers do not, in general, accord with the results of egalitarian decision procedures. As its theory currently stands, the epistemology of disagreement does not support egalitarian politics. (shrink)

This paper analyzes the methodological use of dialectic in the philosophy of Paul Ricœur, arguing that at its core this philosophy is moved by the dynamics stemming from the interaction between conflict and conciliation. In sketching an alternative model to better understand Ricoeur’s original approach to philosophy, my rational reconstruction of his method assesses his “post-Hegelian Kantism”, the procedures of conflict, mediation, conciliation and dialectic and the importance of the engaged reader. I will contend that one of Ricoeur’s (...) lasting contributions to philosophy is to show how one can be original while being thorough and that the enlarged perspective built by his thinking together successfully explains phenomena by avoiding reductionism and striving for the quest of new meaning through a process of perpetual reinterpretation. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

The concept of Conciliation Ethics in the Qurʾan is a crucial aspect of Islamic Law: Conciliation features notably in the Qurʾanic text which gives rise to Islamic rules and regulations, Conciliation is an important dispute resolution method in an Islamic legal system, and Conciliation-related Qurʾanic textual analysis reveals a broad range of legal language and concepts. Traditional studies of Conciliation in the Qurʾan have often focussed on the process of ṣulḥ through intermediaries, particularly in marriage (...) and between groups of Muslims, whilst there is a dearth of Western scholarship in this area. Using Classical Arabic tafsīr and Western literature on Conciliation as a general concept, this paper examines holistically and analytically the concept of Conciliation Ethics in the Qurʾan, investigating its scope, constituent elements, emphasis and purpose. This paper argues, based on a manual survey of the entire Qurʾan, that Conciliation is not limited to isolated contexts or verses where ṣulḥ is mentioned explicitly. The paper finds that Conciliation is a pervasive concept throughout the hierarchy of social relationships. It is achieved through behaviours such as good conduct, attitudes such as ‘Differentiation’ and ‘Externalisation’ and preventative strategies of dispute avoidance, and sometimes includes a contract or Reconciliation process. It is emphasised in the Qurʾan through a range of stylistic features and is of fundamental importance in maintaining the fabric of society. (shrink)

Philosophical arguments often assume that the folk tends towards moral objectivism. Although recent psychological studies have indicated that lay persons’ attitudes to morality are best characterized in terms of non-objectivism-leaning pluralism, it has been maintained that the folk may be committed to moral objectivism _implicitly_. Since the studies conducted so far almost exclusively assessed subjects’ metaethical attitudes via explicit cognitions, the strength of this rebuttal remains unclear. The current study attempts to test the folk’s implicit metaethical commitments. We present results (...) of a newly developed Implicit Association Test (IAT) for metaethical attitudes which indicate that the folk generally tend towards moral non-objectivism on the implicit level as well. We discuss implications of this finding for the philosophical debate. (shrink)

There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the seed (...) planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

In the philosophical literature concerning scientific experimentation, the notion of robustness has been solely discussed in relation to experimental results. In this paper, I propose a novel sense of experimental robustness that applies to experimental procedures. I call the foregoing sense of robustness procedure robustness and characterize it as the capacity of an experimental procedure to maintain its intended function invariant during the experimental process despite possible variations in its inputs. I argue that PR is a precondition for (...) what I call result robustness, which refers to the traditional sense of experimental robustness, namely the existence of convergent experimental results obtained through different and independent means of detection. Furthermore, I argue, PR and RR constitute useful experimental strategies in the context of high-energy physics experiments, but these strategies are not without limitations. (shrink)

The remember/know procedure is the most widely used method to investigate recollection and familiarity. It uses trial-by-trial reports to determine how much recollection and familiarity contribute to different kinds of recognition. Few other methods provide information about individual memory judgements and no alternative allows such direct indications of recollection and familiarity influences. Here we review how the RK procedure has been and should be used to help resolve theoretical disagreements about the processing and neural bases of components of (...) recognition memory. Emphasis is placed on procedural weaknesses and a possible confound of recollection and familiarity with recognition memory strength. Recommendations are made about how to minimise these problems including using modified versions of the procedure. The proposals here are important for improving behavioural and lesion research, and vital for brain imaging work. (shrink)

In cognitive neuroscience, dissociating the brain networks that ing—has thus become one of the best empirical situations subtend conscious and nonconscious memories constitutes a through which to study the mechanisms of implicit learning, very complex issue, both conceptually and methodologically.

In the paper I introduce and discuss the interpretative procedure; a stage of investigation in thought experiments in which it is determined which states of affairs are genuine realizations of the described story. I show how incorporating the interpretative procedure to the reconstruction of a certain kind of thought experiments, i.e., the method of cases, provides a solution to the so-called problem of deviant realizations. According to this problem it is hard to formulate the logical structure of the (...) method of cases that excludes far-fetched interpretations of a particular thought experiment's description that are inconsistent with the expected conclusion of the experiment. As I show, if we agree that the interpretative procedure precedes the act of establishing whether the thing which is at issue (e.g., knowledge) appears within a certain state of affairs, deviant realizations could be ruled out, since within interpretative procedure we establish the set of states of affairs that are compatible with the intentions of the author of the thought experiment. In the paper I provide a general explanation of how this task could be fulfilled by semantic intuitions and discuss their contextual dependence. (shrink)

We consider the problem of the product finite model property for binary products of modal logics. First we give a new proof for the product finite model property of the logic of products of Kripke frames, a result due to Shehtman. Then we modify the proof to obtain the same result for logics of products of Kripke frames satisfying any combination of seriality, reflexivity and symmetry. We do not consider the transitivity condition in isolation because it leads to infinity axioms (...) when taking products. (shrink)

For each research protocol that they review, institutional review boards must assess whether the risks of the protocol are acceptable in relation to the potential direct benefits to study participants and/or society. This requirement means that an IRB should first identify risks that are not compensated by direct benefits to the subjects and then judge whether these so-called net risks are acceptable in relation to the benefits to society. We argue that the conventional approach to risk-benefit assessment is not accurate (...) enough to identify all net risks involved in any given protocol. Two relatively new approaches—the component analysis approach and the net risks test—can be of much more use to review boards, especially when used together. (shrink)

On November 20, 1210, one day after the annual fair, ten heretics were burned in the field named Champeaux just outside the walls of Paris. Four others were incarcerated. The group of fourteen had been uncovered and captured through the aid of a spy. In the chronicles they are identified as Amalricians , named after Master Amalric of Bène, who reportedly stood at the origin of their heresies. Master Amalric himself had been condemned around 1206, shordy before his death. His (...) case is the earliest documented instance of academic censure at the University of Paris. (shrink)

The well-known classification of legal procedure into “four feet” presents certain conceptual problems for the Indian legal tradition that various Smṛtikāras and commentators have attempted to resolve in different and sometimes contradictory ways. These difficulties arise because the four feet originally referred in Indian legal theory to four distinct, hierarchical legal domains rather than procedural means for reaching a verdict. The earliest attested discussion of the four feet, found in Kauṭilya’s Arthaśāstra, indicates that early legal theorists understood the greater (...) legal order as being comprised of four hierarchical domains and that these domains were ordered by the state as expressed in the original formulation of the four feet. Among the four legal domains, that of vyavahāra was developed by the state itself as a realm of public, transactional law meant to address disputes that could not be resolved in other legal forums. From this we can conclude that the origin of Indian jurisprudence lies with state efforts to formalize and enforce the laws of public transactions. The reinterpretation of the four feet by later jurists was motivated perhaps by resistance to one of the fundamental relationships expressed in the four feet, namely that royal authority possessed the greatest legal authority, independent of Brāhmaṇical law. (shrink)

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Conciliationism holds that disagreement of apparent epistemic peers often substantially undermines rational confidence in our opinions. Uniqueness principles say that there is at most one maximally rational doxastic response to any given batch of total evidence. The two views are often thought to be tightly connected. This paper distinguishes two ways of motivating conciliationism, and two ways that conciliationism may be undermined by permissive accounts of rationality. It shows how conciliationism can flourish under certain strongly permissive accounts of rationality. This (...) occurs when the motivation for conciliationism does not come from taking disagreement as evidence of one's own rational failings. However, divorcing the motive for conciliating from worries about rationality does not remove a feature of conciliationism that some find troubling: that conciliationism can lead to cases of “rational toxicity,” in which the most rational response to one's evidence involves violating some rational ideal. (shrink)