Recent years have seen a resurgence of interest in the doctrine of purgatory among Christian philosophers. Some of these philosophers argue for the existence of purgatory from principles consistent with historic Protestant theology and then attempt, on the basis of those principles, to formulate a distinctively Protestant view of purgatory—i.e., one that differs essentially from the Catholic doctrine as regards purgatory’s raison d’etre. Here I aim to show that Protestant models of purgatory which are grounded in the necessity of becoming (...) fully sanctified before entering heaven (Sanctification Models) fail to contrast materially with the Catholic model of purgatory, which has historically been formulated in terms of the necessity of making satisfaction for sins already forgiven (The Satisfaction Model). Indeed, I shall argue that contrary to widespread assumption, the Sanctification Model and the Satisfaction Modelare equivalent when the latter is properly understood. (shrink)

Recent discussions of physicalism have focused on the question how the physical ought to be characterized. Many have argued that any characterization of the physical should include the stipulation that the physical is non-mental, and others have claimed that a systematic substitution of ‘non-mental’ for ‘physical’ is all that is needed for philosophical purposes. I argue here that both claims are incorrect: substituting ‘non-mental’ for ‘physical’ in the causal argument for physicalism does not deliver the physicalist conclusion, and the specification (...) that the physical is non-mental is irrelevant to the task of formulating physicalism as a substantive, controversial thesis. (shrink)

John Martin Fischer and Mark Ravizza have constructed a theory of moral responsibility according to which agents are responsible only if they take responsibility in a particular way. Crucial to taking responsibility is coming to adopt a certain set of beliefs about oneself, such as the belief that one is a legitimate target of attitudes like gratitude and resentment, praise and blame. Moreover, agents must come to adopt this belief in a way that is ‘appropriately based’ upon their evidence, if (...) they are to be genuinely responsible for what they do. In this paper I argue that agents need not meet these conditions in order to be morally responsible. I offer a case in which the agent thinks of himself as responsible, appears to be responsible, but fails to take responsibility in Fischer and Ravizza’s sense. I then argue that Fischer and Ravizza’s account of responsibility for consequences is in conflict with their contention that individuals who reject the justifiability of responsibility ascriptions fail, thereby, to be morally responsible agents. (shrink)

(Forthcoming in Religious Studies) Abstract I argue that the Free Will Defence need not presuppose a libertarian conception of freedom and therefore need not beg the question against compatibilists. I present three versions of theological determinism, each of which is inconsistent with freedom on compatibilist-friendly principles, and then argue that what generates the inconsistency – viz., that (i) God intentionally necessitates all human actions and (ii) no human has it within their power to causally influence God’s will – is entailed (...) by any version of theological determinism. Contrary to widespread opinion, therefore, the viability of the Free Will Defence does not depend upon the viability of libertarianism per se but on the falsity of theological determinism. (shrink)

John Martin Fischer and Mark Ravizza offer a theory of moral responsibility which makes responsibility dependent upon the way in which moral agents view themselves. According to the theory, agents are responsible for their actions only if they think of themselves as apt candidates for praise and blame; if they come to believe they are not apt candidates for praise and blame, they are ipso facto not morally responsible. In what follows, I show that Fischer and Ravizza’s account of responsibility (...) for consequences is inconsistent with this subjective element of their theory, and that the subjective element may be retained only if they are willing to implausibly restrict their account of responsibility for consequences. I end by discussing the broad significance of the failure of the subjective element for their overall approach to moral responsibility. (shrink)

There is an intriguing recent effort to develop a valid cosmological argument on the basis of quite minimal assumptions.1 Indeed, the basis of the new cosmological argument is so slight that it is likely to make even a conscientious theist suspicious – to say nothing of our vigilant atheists. In Section 1 we present the background assumptions and central premises of the new cosmological argument. We are sympathetic to the conclusion that there necessarily exists an intelligent and powerful creator of (...) the actual universe, but we show in Section 2 that the new cosmological argument cannot establish this claim. Specifically, we show by reductio ad absurdum that the new argument is unsound, and that every plausibly modified version of the argument is also unsound.2 We close our discussion with a diagnosis of what went wrong in the new cosmological argument. Our conclusion is that this intriguing new argument promises considerably more than it can show. (shrink)

The aim of this article is to show that, just as in recent years Cobreros, Egré, Ripley and van Rooij have provided a non-transitive counterpart of classical logic (i.e. one in which all classically acceptable inferences are valid but Cut and other metainferences are not), the same can be done for every Tarskian logic, with full generality. To establish this fact, a semantic approach is taken by showing that appropriate structures can be devised to characterize a non-transitive counterpart of every (...) Tarskian logic, starting from the logical matrices that are usually taken to render them. (shrink)

In this chapter I articulate the threat that time travel to the past allegedly poses to the free will of the time traveler, and I argue that on the traditional way of thinking about free will, the incompatibilist about time travel and free will wins the day. However, a residual worry about the incompatibilist view points the way toward a novel way of thinking about free will, one that I tentatively explore toward the end of the chapter.

This chapter explores the concept of judgmentalism: what it is and why it’s morally problematic. After criticizing an account offered by Gary Watson, the paper argues for a broader understanding of what it is to be judgmental, encompassing not just the overall beliefs that we form about someone else, but also the very pattern of our thoughts about those with whom we are involved in interpersonal relationships. The thesis is that to care about someone is to be oriented toward them, (...) or to see them through a particular mental lens, in a way that produces a particular pattern of salience and silence. That is: caring about someone (at least ideally) has the effect of making some features of that person particularly salient, and silencing or screening off other features from one’s consciousness. One is aptly described as judgmental when one’s thoughts do not display this sort of pattern, indicating a failure to fully adopt the orientation that constitutes properly caring about the person. (shrink)

In Kripke’s classic paper on truth it is argued that by adding a new semantic category different from truth and falsity it is possible to have a language with its own truth predicate. A substantial problem with this approach is that it lacks the expressive resources to characterize those sentences which fall under the new category. The main goal of this paper is to offer a refinement of Kripke’s approach in which this difficulty does not arise. We tackle this characterization (...) problem by letting certain sentences belong to more than one semantic category. We also consider the prospect of generalizing this framework to deal with languages containing vague predicates. (shrink)

This book sets out in plain language ethical questions of direct relevance to business today. This new edition expands the range of issues covered and includes a chapter on international business ethics, drawing extensively from Asian examples.

In this paper I argue that adopting a perdurance view of persistence through time does not lead to skepticism about moral responsibility, despite what many theorists have thought.

We provide a logical matrix semantics and a Gentzen-style sequent calculus for the first-degree entailments valid in W. T. Parry’s logic of Analytic Implication. We achieve the former by introducing a logical matrix closely related to that inducing paracomplete weak Kleene logic, and the latter by presenting a calculus where the initial sequents and the left and right rules for negation are subject to linguistic constraints.

Names, descriptions, and demonstratives raise well-known logical, ontological, and epistemological problems. Perhaps less well known, amongst philosophers at least, are the ways in which some of these problems not only recur with pronouns but also cross-cut further problems exposed by the study in generative linguistics of morpho-syntactic constraints on interpretation. These problems will be my primary concern here, but I want to address them within a general picture of interpretation that is required if wires are not to be crossed. That (...) picture will be sketched in sections 3 and 4; subsequent sections will focus on pronouns and binding, drawing heavily on what has preceded. (shrink)

We examine the set of formula-to-formula valid inferences of Classical Logic, where the premise and the conclusion share at least a propositional variable in common. We review the fact, already proved in the literature, that such a system is identical to the first-degree entailment fragment of R. Epstein's Relatedness Logic, and that it is a non-transitive logic of the sort investigated by S. Frankowski and others. Furthermore, we provide a semantics and a calculus for this logic. The semantics is defined (...) in terms of a \-matrix built on top of a 5-valued extension of the 3-element weak Kleene algebra, whereas the calculus is defined in terms of a Gentzen-style sequent system where the left and right negation rules are subject to linguistic constraints. (shrink)

Berkeley is popular in the philosophical tradition as the philosopher who denied the existence of matter in favor of spiritual substance. His esse est percipi thesis is understandably seen as a recipe for subjective idealism. While there is a point to this reading of Berkeley, it remains to be seen whether it does justice to the full significance of Berkeley’s philosophy. In Berkeley’s scholarship consequently the traditional understanding of Berkeley as a subjective idealist has been challenged by scholars such as (...) Jessop and Ardley who argue that Berkeley is better understood as a common sense realist. In approaching Berkeley’s Immaterialism from the standpoint of the philosophical issues raised by the emergence of modern science, this book is a sympathetic reconstruction of Berkeley’s philosophy. The contention is that if approached in this manner, Berkeley’s opposition to philosophical materialism not only emerges as an attempt to overcome false abstractions but it also becomes possible to make sense of Berkeley’s claimed alliance with common sense in his battle against philosophical materialism. While the realist portrait of Berkeley that emerges from this exercise is not free of difficulties, it arguably offers us a fuller conspectus of Berkeley’s immaterialism. (shrink)

How should business deal with society's increasing demands for ethical and social responsibility? In plain language this book considers these and other ethical questions of direct relevance to business in the 1990s. It discusses the nature of ethics, ethical reasoning, the use of stakeholder analysis, and other central concepts used in business ethics. Using mainly, but not exclusively, Australian cases and specific examples, the book covers issues such as fairness in business dealings, advertising ethics, discrimination, and codes of ethics.

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

In this paper, I present an interpretation of Kant’s view that reason’s hypostasis of the idea of a sum-total of reality is dogmatic and illegitimate. In the section on the ‘Transcendental Ideal’, the second section of the Ideal of Pure Reason chapter in the Critique of Pure Reason, Kant starts by describing reason’s procedure from the affirmation of the principle of thoroughgoing determination to the hypostasis in question. According to the interpretation I defend, the argument for hypostasis deployed in this (...) section constitutes an improvement upon an argument defended by the pre-critical Kant himself in his 1673 essay “The Only Possible Argument in Support of a Demonstration of the Existence of God”. By making reference to the concept of omnitudo realitatis, the argument in the ‘Transcendental Ideal’ section presents a much more radical and convincing interpretation of the thesis that ‘possibility presupposes actuality’. Second, I present transcendental idealism and its related distinction between objects of sense and objects in general as the main dissuasive argument of the critical philosopher against hypostasis. Finally, I consider an argument against hypostasis that is independent of transcendental idealism: the threat of set-theoretical paradoxes if we hypostatize the relevant idea, intended as the concept of an absolutely comprehensive totality. (shrink)

I define two metaphysical positions that anti-physicalists can take in response to Jonathan Schaffer’s ground functionalism. Ground functionalism is a version of physicalism where explanatory gaps are everywhere. If ground functionalism is true, arguments against physicalism based on the explanatory gap between the physical and experiential facts fail. In response, first, I argue that some anti-physicalists are already safe from Schaffer’s challenge. These anti-physicalists reject an underlying assumption of ground functionalism: the assumption that macrophysical entities are something over and above (...) the fundamental entities. I call their position “lightweight anti-physicalism.” Second, I go on to argue that even if anti-physicalists accept Schaffer’s underlying assumption, they can still argue that the consciousness explanatory gap is especially mysterious and thus requires a special explanation. I call the resulting position “heavyweight anti-physicalism.” In both cases, the consciousness explanatory gap is a good way to argue against physicalism. (shrink)

ABSTRACT In this article, the first author provides a summary and translation from the Latin of an important early medical lecture on vampires by Nils Retzius. The lecture was delivered in Sweden, at Lund University, in 1737, and was published almost immediately thereafter. This important text has been overlooked by modern scholars of vampires. This article will bring the lecture back into circulation in its first English translation. The second author then offers an analysis of the intellectual background to this (...) rational debunking of vampires. He demonstrates how Retzius’s attempt at a comprehensive rational explanation for vampires, typical of much Enlightenment thinking, nevertheless employs a fusion of Galenic medical thinking with more modern medical and psychosomatic notions of medicine, as well as certain Lutheran notions concerning the devil and the spirit world. His argument scotches the belief in the idea of sympathetic magic affecting the dreams of the living, while emphasising the psychosomatic effects of the imagination on the physical body. (shrink)

Panpsychists aspire to explain human consciousness, but can they also account for the physical world? In this paper, I argue that proponents of a popular form of panpsychism cannot. I pose a new challenge against this form of panpsychism: it faces an explanatory gap between the fundamental experiences it posits and some physical entities. I call the problem of explaining the existence of these physical entities within the panpsychist framework “the missing entities problem.” Spacetime, the quantum state, and quantum gravitational (...) entities constitute three explanatory gaps as instances of the missing entities problem. Panpsychists are obliged to solve all instances of the missing entities problem; otherwise, panpsychism cannot be considered a viable theory of consciousness. (shrink)

This paper argues that Nietzsche is a critic of just the kind of genealogical debunking he is popularly associated with. We begin by showing that interpretations of Nietzsche which see him as engaging in genealogical debunking turn him into an advocate of nihilism, for on his own premises, any truthful genealogical inquiry into our values is going to uncover what most of his contemporaries deem objectionable origins and thus license global genealogical debunking. To escape nihilism and make room for naturalism (...) without indiscriminate subversion, we then argue, Nietzsche targets the way of thinking about values that permits genealogical debunking: far from trying to subvert values simply by uncovering their origins, Nietzsche is actively criticising genealogical debunking thus understood. Finally, we draw out the consequences of our reading for Nietzsche’s positive vision. (shrink)

From climate change to fossil fuel dependency, from the uneven effects of natural disasters to the loss of biodiversity: complex socio-environmental problems indicate the urgency for cross-disciplinary research into the ways in which the social, the natural and the technological are ever more entangled. This ground breaking text moves between environmental sociology and environmental geography, political and social ecology and critical design studies to provide a definitive mapping of the state of environmental social theory in the age of the anthropocene. (...) Environments, Natures and Social Theory provokes dialogue and confrontation between critical political economists, actor network theorists, neo-Malthusians and environmental justice advocates. It maps out the new environmental politics of hybridity moving from hybrid neo-liberals to end times ecologists, from post environmentalists to cyborg eco-socialists. White, Rudy and Gareau insist on the necessity of a critical but optimistic hybrid politics, arguing that a more just, egalitarian, democratic and sustainable anthropocene is within our grasp. This will only be brought into being, however, by reclaiming, celebrating and channeling the reconstructive potential of entangled hybrid humans as inventive hominids, creative gardeners, critical publics and political agents. Written in an accessible style, Environments, Natures and Social Theory is an essential resource for undergraduate and postgraduate students across the social sciences. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

Some recent researches in experimental philosophy have posed a problem for philosophers’ appeal to intuition (hereinafter referred to as PAI); the aim of this paper is to offer an answer to this challenge. The thesis against PAI implies that, given some experimental results, intuition does not seem to be a reliable epistemic source, and —more importantly— given the actual state of knowledge about its operation, we do not have sufficient resources to mitigate its errors and thus establish its reliability. That (...) is why PAI is hopeless. Throughout this paper I will defend my own conception of PAI, which I have called the Deliberative Conception, and consequently, I will defend intersubjective agreement as a means to mitigate PAI errors, offering empirical evidence from recent studies on the Argumentative Theory of Reason that favor the conception I defend here. Finally, I will reply to some objections that might arise against the Deliberative Conception, which will lead me to discuss some metaphilosophical issues that are significantly relevant for the future of the dispute about the appeal to intuition. (shrink)

In this study, we test the interactive effect on ethical decision-making of (1) personal characteristics, and (2) personal expectanciesbased on perceptions of organizational rewards and punishments. Personal characteristics studied were cognitive moral developmentand belief in a just world. Using an in-basket simulation, we found that exposure to reward system information influenced managers’ outcome expectancies. Further, outcome expectancies and belief in a just world interacted with managers’ cognitive moral development to influence managers’ ethical decision-making. In particular, low-cognitive moral development managers who (...) expected that their organization condoned unethical behavior made less ethical decisions while high cognitive moral development managers became more ethical in this environment. Low cognitive moral development managers also behaved less ethically when their belief in a just world was high. (shrink)

Paraconsistent logics are logical systems that reject the classical principle, usually dubbed Explosion, that a contradiction implies everything. However, the received view about paraconsistency focuses only the inferential version of Explosion, which is concerned with formulae, thereby overlooking other possible accounts. In this paper, we propose to focus, additionally, on a meta-inferential version of Explosion, i.e. which is concerned with inferences or sequents. In doing so, we will offer a new characterization of paraconsistency by means of which a logic is (...) paraconsistent if it invalidates either the inferential or the meta-inferential notion of Explosion. We show the non-triviality of this criterion by discussing a number of logics. On the one hand, logics which validate and invalidate both versions of Explosion, such as classical logic and Asenjo–Priest’s 3-valued logic LP. On the other hand, logics which validate one version of Explosion but not the other, such as the substructural logics TS and ST, introduced by Malinowski and Cobreros, Egré, Ripley and van Rooij, which are obtained via Malinowski’s and Frankowski’s q- and p-matrices, respectively. (shrink)

In this study, we test the interactive effect on ethical decision-making of (1) personal characteristics, and (2) personal expectanciesbased on perceptions of organizational rewards and punishments. Personal characteristics studied were cognitive moral developmentand belief in a just world. Using an in-basket simulation, we found that exposure to reward system information influenced managers’ outcome expectancies. Further, outcome expectancies and belief in a just world interacted with managers’ cognitive moral development to influence managers’ ethical decision-making. In particular, low-cognitive moral development managers who (...) expected that their organization condoned unethical behavior made less ethical decisions while high cognitive moral development managers became more ethical in this environment. Low cognitive moral development managers also behaved less ethically when their belief in a just world was high. (shrink)

The present study aimed at investigating the heavy metals concentrations in the soils around “Larga de Sus” abandoned mine, evaluating the potential ecological risk of heavy metal pollution and highlighting ethical aspects related to risk assessment, ecological restoration, and soil remediation. The results of the chemical analysis showed that the soil in the study area is highly polluted with heavy metals since the average concentrations of Pb, and Ni in soil exceed their corresponding threshold established by the Romanian legislation. The (...) potential ecological risk index method developed by Hakanson was used to assess the potential risk of heavy-metal pollution. The results indicated that Pb and Ni showed severe and considerable potential ecological risk, while Cr had lightly ecological risk. In this case, remediation should be focused only on Pb or on all heavy metals even if they have lightly ecological risk? A scientific management technique cannot logically prescribe which choices should be selected. The interaction between human activity and the environment is complicated and difficult to quantify and risk management cannot and should not be based simply on risk assessment results. What is needed to make the right choice of the most appropriate alternative that fits our personality, culture, religion, and desires? The moral and ethical implications of ecological restoration and soil remediation have to be incorporated within the decision-making process in order to make optimum sustainable decisions and to achieve real environmental protection. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Infectious logics are systems that have a truth-value that is assigned to a compound formula whenever it is assigned to one of its components. This paper studies four-valued infectious logics as the basis of transparent theories of truth. This take is motivated as a way to treat different pathological sentences differently, namely, by allowing some of them to be truth-value gluts and some others to be truth-value gaps and as a way to treat the semantic pathology suffered by at least (...) some of these sentences as infectious. This leads us to consider four distinct four-valued logics: one where truth-value gaps are infectious, but gluts are not; one where truth-value gluts are infectious, but gaps are not; and two logics where both gluts and gaps are infectious, in some sense. Additionally, we focus on the proof theory of these systems, by offering a discussion of two related topics. On the one hand, we prove some limitations regarding the possibility of providing standard Gentzen sequent calculi for these systems, by dualizing and extending some recent results for infectious logics. On the other hand, we provide sound and complete four-sided sequent calculi, arguing that the most important technical and philosophical features taken into account to usually prefer standard calculi are, indeed, enjoyed by the four-sided systems. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)

The local opposes the global or the macro opposes the micro and vice versa, respectively. This dialectical relationship further exposes that scales are socially and politically constructed, representative of a phenomena that is relational, and is thus of important consideration in analysis beyond simple labeling. That is, scale represents more than ‘size’ and ‘complexity’, but also reveals the relational. It is the relational—the relationship between the ‘global’ and its contents or the ‘local’—which provides for or is wont for analytic complexity (...) and theorizing. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)