Terms Of Justice Research Articles

Nationalism with a Human Face? European Human Rights Judgments and the Reinvention of Nationalist Politics

AbstractIn this article, we show how judgments of the European Court of Human Rights (ECtHR) have provided nationalists with an unexpected opportunity to promote a nationalist discourse that is seemingly in line with human rights while fundamentally at odds with the counter-majoritarian core of human rights. We start our analysis with two judgments in which the Court accepted the arguments of liberal democratic states to infringe fundamental rights of persons belonging to (immigrant) Muslim minorities in the name of “requirements of living together” or “social integration”: SAS v France (2014) and Osmanoglu and Kocabas v Switzerland (2017). Strikingly, the justifications by the states for these infringements point to concerns about perceived threats to national identity and culture. We show how nationalist politicians in countries with minority populations, including those in East Central Europe, have used justifications in terms of national self-protection, tacitly or explicitly, to pursue old anti–human rights agendas. The case law discussed here enabled them to present these justifications as ECtHR proof, notwithstanding the underlying nationalism.

ДОСЛІДЖЕННЯ ПРОЦЕСІВ РОЗРОБКИ МІЖНАРОДНИХ СТАНДАРТІВ СИСТЕМ МЕНЕДЖМЕНТУ

Today, management system standards are an integral part of the overall system of the enterprises control system and one of the effective methods to ensure the contentment of all stakeholders in various areas of activity. The development of management theory has allowed ISO to set up common management practices in form of international standards. Since international management system standards have implications for business practices at all levels and in all industries, research of processes and practice of their development is relevant. It was revealed that the international standardization of management systems occurs in three directions: the standardization of general management systems, their concretization in various industries, and the provisioning of the recommendations for their implementation. Currently, ISO has developed 93 standards for management systems in the field of construction, innovation, energy, food and agriculture, packaging, medicine, information technology, social responsibility, mechanical engineering, safety, environment, transport. At the same time, the need to develop each standard for the management system should be confirmed by a justification in terms of its market significance. Also, to stimulate international cooperation and the practical application of management systems, ISO has developed a structure, common text and terms that should contain management system standards prepared directly by ISO or by various stakeholders at the national or industry level. It is noted that the technical committee-developer of the standard may apply additional specification to ensure that the draft standard being developed does not deviate from its terms of reference and high-level structure. It is concluded that this approach will simplify the process of developing such standards, the procedure for voluntary confirmation of conformity, the introduction of several management system standards and the creation of an integrated management system at the enterprise, which is seen as a way to better manage it.

Ocena zgodności z prawem Unii Europejskiej poselskiego projektu nowelizacji ustawy o ochronie zwierząt oraz niektórych innych ustaw

In the author’s opinion, the Bill concerns issues partially regulated by the EU law and interferes with the freedom of establishment and the freedom of services guaranteed by the treaties. This does not constitute a breach of the EU law, but the introduced restrictions do not have a proper justification in terms of their proportionality to the intended purpose of the regulation. An argument that similar legal solutions are in force in other Member States was not recognized to be such a justification. According to the author, although the changes contained in the Bill may serve the overriding general interest, that is animal well-being, the compliance of the provisions with the EU law may be challenged. In the remaining scope, the Bill is compliant with the EU law, with an exception of the amendments to the Act on Animal Protection that ban slaughter without stunning in an abattoir or a slaughterhouse.

Will Autonomous Vehicles Eliminate a Right to Drive?

In the future, autonomous vehicles are predicted to be much safer than current vehicles and affordable enough for all vehicle owners. At such a point, should we still allow people to manually drive non-autonomous vehicles? Can we say people who want to drive have a right to drive? In this paper, we first attempt a deontological justification of a right to drive, by trying to derive the right from more uncontroversial rights, like the right to freedom of movement, but fail. Looking at the right on consequentialist grounds, both in terms of paternalistic justifications of denying the right and the externalities caused by manual driving, we are able to justify a right to drive. However, the externalities caused by manual driving (especially the risks imposed on non-drivers and the property damage) are enough to limit this right to drive to non-public roads.

EXAMINATION OF THE PROBLEM OF WHETHER THE CONSUMER, WHO RESCINDS A CONTRACT DUE TO DEFECTIVE GOODS HAS TO PAY THE DEBT FOR THE USAGE FEE IN ACCORDANCE WITH THE LAW NO. 6502 ON PROTECTION OF THE CONSUMER

Genel hükümlerin uygulama alanı bulduğu işlerde ayıp sebebiyle sözleşmeden dönen alıcının kullanım bedeli ödeyip ödemeyeceğine yönelik Türk Borçlar Kanunu’nda açık düzenleme yoktur. Öğretideki hâkim görüş alıcı semere getirmeyen malı kullanmak suretiyle yarar elde etmişse bunun karşılığında Türk Borçlar Kanunu m. 229/1 kapsamında kullanım bedeli ödemesi gerektiği yönündedir. Yargıtay yerleşmiş kararlarında da genel hükümlerin uygulama alanı bulduğu işlerde ayıp sebebiyle sözleşmeden dönme hakkının kullanılması üzerine kullanım bedeli ödenmesine karar vermektedir. Ancak Yargıtay Hukuk Genel Kurulu’nun 22.06.2005 tarihli kararında Tüketicinin Korunması Hakkında Kanunu’nda ayıp nedeniyle sözleşmeden dönen tüketicinin kullanım bedeli ödemesine yönelik bir hükmün mevcut olmaması sebebiyle kullanım bedelinin ödenmeyeceğine karar verilmiştir. Bu karar tüketici işlemlerinde kullanım bedeli ödenip ödenmeyeceği hususunda öğretide farklı görüşlere sebep olmuştur. Bu çalışma 6502 sayılı Tüketicinin Korunması Hakkında Kanun uyarınca ayıplı mal nedeniyle sözleşmeden dönen tüketicinin kullanım bedeli ödeme borcu olup olmadığı sorununa odaklanır. Bu hususta ilk olarak yasal düzenleme incelenir. Daha sonra öğreti ve Yargıtay uygulaması değerlendirilir. Ardından Avrupa Birliği hukuku ekseninde kullanım bedelinin ödenmesi gerektiği görüşü gerekçelendirilir. Son olarak kullanım bedelinin nasıl hesaplanması gerektiği netleştirilir.

Integrated Information Theory and Isomorphic Feed-Forward Philosophical Zombies

Any theory amenable to scientific inquiry must have testable consequences. This minimal criterion is uniquely challenging for the study of consciousness, as we do not know if it is possible to confirm via observation from the outside whether or not a physical system knows what it feels like to have an inside—a challenge referred to as the “hard problem” of consciousness. To arrive at a theory of consciousness, the hard problem has motivated development of phenomenological approaches that adopt assumptions of what properties consciousness has based on first-hand experience and, from these, derive the physical processes that give rise to these properties. A leading theory adopting this approach is Integrated Information Theory (IIT), which assumes our subjective experience is a “unified whole”, subsequently yielding a requirement for physical feedback as a necessary condition for consciousness. Here, we develop a mathematical framework to assess the validity of this assumption by testing it in the context of isomorphic physical systems with and without feedback. The isomorphism allows us to isolate changes in without affecting the size or functionality of the original system. Indeed, the only mathematical difference between a “conscious” system with and an isomorphic “philosophical zombie” with is a permutation of the binary labels used to internally represent functional states. This implies is sensitive to functionally arbitrary aspects of a particular labeling scheme, with no clear justification in terms of phenomenological differences. In light of this, we argue any quantitative theory of consciousness, including IIT, should be invariant under isomorphisms if it is to avoid the existence of isomorphic philosophical zombies and the epistemological problems they pose.

Öğretmen Adaylarının Yazılı Argümanlarının Gelişiminde Akran ve Öğretmen Değerlendirmesinin Etkisinin Karşılaştırılması

Bu araştırmada, Argüman Temelli Sorgulayıcı Araştırma (ATSA) yönteminin değerlendirme basamağında akran veya öğretim üyesi değerlendirmelerinden hangisinin öğretmen adaylarının yazılı argümanlarının gelişimine daha çok katkı sağlayacağı araştırılmıştır. Araştırmaya, bir grupta 20, diğer grupta 16 öğretmen adayı olmak üzere toplam 36 fen bilgisi öğretmenliği 3. sınıf öğrencisi katılmıştır. Karşılaştırma gruplarından birinde bir dönem boyunca ATSA orijinal haliyle (akran değerlendirmesi) kullanılırken, diğer grupta ise ATSA yönteminin akran değerlendirme basamağı öğretim üyesi değerlendirmesi olarak değiştirilmiştir. İki grupta da bir dönem boyunca “Basit Sarkacın Salınımı”, “Yüzey Gerilimini Etkileyen Faktörler”, “Görünüşü Aynı Olan Küplerin Belirlenmesi” ve “Uçan Cisme Etki Eden Faktörler” gibi dört argüman temelli sorgulayıcı araştırma yapılmıştır. Öğretmen adaylarından dönem başında ve sonunda derste araştırdıklarından farklı üç içerikte argüman yazmaları istenmiştir. Araştırma sonuçlarına göre her iki grupta, her içerikte oluşturulan argümanların kalitesinin dönem başından sonuna doğru arttığı, fakat öğretim üyesi tarafından değerlendirilen öğretmen adaylarının kanıt ve gerekçe yazma becerilerinin daha iyi geliştiği söylenebilir.

Global circulation and local adaptation of tax models: business tax in China, 1931–1949

ABSTRACTIn light of certain conceptual constructs in comparative taxation, this study examines how Chinese tax reformers chose and adopted a particular form of business tax from a variety of tax models and how they justified and implemented the new tax in the political-social-economic conditions of early twentieth-century China. By illustrating a ‘hybrid tax transplant’ at discursive, institutional, and operational levels, or in terms of justification, design, and enforcement of business taxation, it presents a case study of global circulation and national/local adoption and adaptation of a tax model in a changing tax culture in China. The study reinforces the relevance and usefulness of these concepts to historical analyses and interpretations of taxation studies in different countries and offers a comparative case for research in other contexts.

Upping the Ex Ante Problem for Reliabilism

AbstractProcess reliabilism is a theory about ex post justification, the justification of a doxastic attitude one has, such as belief. It says roughly that a justified belief is a belief formed by a reliable process. It is not a theory about ex ante justification, one's justification for having a particular attitude toward a proposition, an attitude one might lack. But many reliabilists supplement their theory such that it explains ex ante justification in terms of reliable processes. In this paper, I argue that the main way reliabilists supplement their theory fails. In the absence of an alternative, reliabilism does not account for ex ante justification.

Postnarrativism, Historiographical Evaluation, and Truth

Abstract The problem of historiographical evaluation is simply this: By what evaluative criteria might we say that certain works of historiography are better than others? One recently proposed solution to this problem comes by way of Kuukkanen’s postnarrativist philosophy of historiography.1 Kuukkanen argues that because many historiographically interesting statements lack truth-values, we cannot evaluate historiographical claims on a truth-functional basis. In the place of truth, Kuukkanen suggests that we evaluate historiographical claims in terms of justification. The problem with this proposal, as I will argue here, is that it isn’t at all clear what it means for a neither-true-nor-false claim to be justified. Moreover, this proposal also runs into trouble with the factivity of knowledge. The solution I propose here might be called “two-valued” postnarrativism, which retains Kuukkanen’s framework, except with a stricter ontology devoid of neither-true-nor-false historiographical statements. In arguing for this approach to historiographical evaluation, this paper will be structured in the following way: First, I’ll describe Kuukkanen’s postnarrativism in more detail, focusing especially on his account of historiographical evaluation (§1). Next, I’ll introduce two problems that accompany this account, one originating from the factivity of knowledge (§2) and the other from trying to divorce justification from the concept of truth (§3). Finally, I argue that not only might these problems be solved by simply committing to all historiographical claims being either true or false, but that Kuukkanen’s account is especially amenable to this (§4).

No work for a theory of epistemic dispositions

Externalists about epistemic justification have long emphasized the connection between truth and justification, with this coupling finding explicit expression in process reliabilism. Process reliabilism, however, faces a number of severe difficulties, leading disenchanted process reliabilists to find a new theoretical home. The conceptual flag under which such epistemologists have preferred to gather is that of dispositions. Just as reliabilism is determined by the frequency of a particular outcome, making it possible to characterize justification in terms of a particular relationship to truth, dispositions are accompanied by concrete, worldly manifestations. By taking true beliefs as the result, not of certain processes but of particular dispositions, these epistemologists have attempted to respond to the numerous obstacles to reliabilism. Yet all this work has proceeded without regard to the wealth of contemporary work on the metaphysics of dispositions, making the new hope premature at best, ill-founded at worst. Combining contemporary dispositional accounts of justification with extant analyses of dispositions reveals that the latter is the case. The structural differences between epistemic justification and dispositions make it clear that not only should process reliabilism be abandoned, but the subsequent appeal to dispositions along with it.

The Power of Humanitarian Narratives: A Domestic Coalition Theory of Justifications for Military Action

Conventional wisdom assumes the best way to mobilize public support for military action is through the lens of national security. Humanitarian justifications provide a helpful substitute when US interests are not at stake, but are less reliable. However, US presidents have provided humanitarian explanations for every military intervention of the post-Cold War period. What, if any, power do humanitarian justifications have in security-driven interventions? The article answers this question by developing a domestic coalition framework that evaluates justifications in terms of whose support matters most in the build-up to intervention. Survey experiments demonstrate that humanitarian narratives are necessary to build the largest possible coalition of support. However, presidents risk backlash if they stretch humanitarian claims too far. Data from thirteen waves of Chicago Council surveys and an original dataset of justifications for US interventions confirm that humanitarian justifications are a common and politically relevant tool. The findings challenge both the folk realist expectation that the public responds primarily to threats to its own security and the constructivist tendency to limit the power of humanitarian justifications to cases of humanitarian intervention. Instead, humanitarian justifications are equally, if not more, important than security explanations for mobilizing domestic support, even in security-driven interventions.

BLANKET BANS, SUBSIDIARITY, AND THE PROCEDURAL TURN OF THE EUROPEAN COURT OF HUMAN RIGHTS

AbstractIn recent years several commentators have identified a ‘procedural turn’ by the European Court of Human Rights whereby it places increased emphasis on the presence or absence and/or quality of legislative and judicial deliberations at domestic level when assessing the proportionality of allegedly rights-infringing measures. One area where the procedural turn has been particularly apparent is in relation to cases involving blanket bans on activities protected by the European Convention. On most accounts this move to ‘process-based review’ is causally linked to the principle of subsidiarity. In this article it is argued that whilst the shift to process-based review may generally have sound justifications in terms of the subsidiary role of the European Court as compared to States parties to the Convention, there are nevertheless several ironic downsides to this approach in the case of blanket bans, in terms of the certainty and predictability of the Court's case law. Furthermore, and more critically, there may be serious consequences in terms of the rights protection afforded to vulnerable minorities within States who may be at the receiving end of such legislative blanket bans.

Dignity as a guiding principle for family care partners in the care of an old relative with dementia.

There is a growing number of older people (65+) with dementia, and many family care partners are involved in making help-seeking choices. The aim of this study was to reveal how family care partners with an old relative with dementia proceed in the name of dignity in their desire to secure the best care possible while still maintaining their own dignity. Data were collected in 2009-2010 in open semi-structured interviews and follow-up contacts with seven family care partners with an old relative with dementia on 14 occasions. From this collected data and for this study, a design based on patterns labelled archetypes was chosen to permit an in-depth data analysis. In the analysis, three archetypes emerged, emanating from three specific family care partners. A prominent feature in the findings was that the dignity of an old relative with dementia was hard to separate from the dignity as a family care partner, which gave rise to their need to express accounts in terms of excuses and justifications. This study provides an important insight into the connection between different elements of dignity and it contributes to explain the complexity behind family care partners' decisions in the care of an old relative with dementia. This multifaceted meaning of dignity needs more attention for a better understanding and thereby implementation in practice and in the follow-up of policy for older people.

Justification, knowledge, and normality

There is much to like about the idea that justification should be understood in terms of normality or normic support (Smith in Between probability and certainty, Oxford University Press, Oxford, 2016; Goodman and Salow in Philosophical Studies 175: 183–196, 2018). The view does a nice job explaining why we should think that lottery beliefs differ in justificatory status from mundane perceptual or testimonial beliefs. And it seems to do that in a way that is friendly to a broadly internalist approach to justification. In spite of its attractions, we think that the normic support view faces two serious challenges. The first is that it delivers the wrong result in preface cases. Such cases suggest that the view is either too sceptical or to externalist. The second is that the view struggles with certain kinds of Moorean absurdities. It turns out that these problems can easily be avoided. If we think of normality as a condition on knowledge, we can characterise justification in terms of its connection to knowledge and thereby avoid the difficulties discussed here. The resulting view does an equally good job explaining why we should think that our perceptual and testimonial beliefs are justified when lottery beliefs cannot be. Thus, it seems that little could be lost and much could be gained by revising the proposal and adopting a view on which it is knowledge, not justification that depends directly upon normality.

The priority of propositional justification

Turri argues against what he calls an “orthodox” view of the relationship between propositional and doxastic justification, according to which (Basis) it is sufficient for S to be doxastically justified in believing p that p is propositionally justified for S in virtue of having reason(s) R and S believes p on the basis of R. According to Turri, (Basis) is false and hence the orthodox view is wrong. Turri offers “an alternative proposal,” the definitive thesis is that the subject’s intellectual abilities explain why a given proposition, p , is justified for her, and argues that, contra the orthodoxy, this proposal leads to explaining propositional justification in terms of doxastic justification rather than vice versa. In this paper, I argue for the following claims: (i) There are good reasons to think that Turri misidentifies “the orthodox view” and his objection thereby misfires, (ii) Even if we assume that Turri’s identification of the orthodox view is correct, his counter-examples to that view are far from being decisive, and (iii) Turri’s own proposal is not “an alternative” to the orthodox view but can be accommodated by it.

The social science principle in socio-economic didactics

The didactic of socio-economic education conceives the subject as social science. Together with the principle of learner orientation, social science has a long tradition at the heart of socio-economic education. This differentiates socio-economic education from orthodox economic education, which derives its identity solely from the discipline of economics. This paper lays out the foundations of the social science principle and its justifications in terms of educational theory, subject didactics, and academic reference. Rather than splitting economic education into separate mono-disciplinary subjects, this paper outlines a social science-oriented approach to education on socio-economic issues that focuses teaching and learning on key commonalities of the social science disciplines.

The Possibility of Utilising Maximum Capacity of the Double-Track Railway By Using Innovative Traffic Organisation

Abstract This paper will analyse the existing capacity of the double-track railway line M104 Novska – Vinkovci – Tovarnik – State Border – (Sid), located along the RH1 national corridor in Croatia. Upon the analysis, the paper proposes a new and innovative way or organising railway traffic on the line, which is a reflection of the maximum capacity utilisation regardless of the train transport route. Before using the proposed organisation, the track must be fitted with the modern signal and safety system which ensures traffic along the single track of the double-track railway line in both directions. Furthermore, the paper puts forward the methodology and impact of certain proposed criteria on the new organisation method. A simulation of the proposed organisation, using OpenTrack software, examines the results in terms of justification for using such a concept. The M104 railway serves as a case study for testing the innovation in railway traffic organisation.

REPRESENTATION IN MODELS OF EPISTEMIC DEMOCRACY

ABSTRACTEpistemic justifications for democracy have been offered in terms of two different forms of information aggregation and decision-making. The Condorcet Jury Theorem is appealed to as a justification in terms of votes, and the Hong–Page ‘diversity trumps ability’ result is appealed to as a justification in terms of deliberation in the form of collaborative search. Both results, however, are models of full and direct participation across a population. In this paper, we contrast how these results hold up within the familiar structure of a representative hierarchy. We first consider extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem. We then go on to show that collaborative search, as modeled by Hong and Page, holds its own within hierarchical representation. In a variation on the dynamics of group search, representation even shows a slight edge over direct participation. This contrast illustrates how models of information aggregation vary when put into a representative structure. While some of the epistemic merits of democracy are lost when voting is done hierarchically, modeling results show that representation can preserve and even slightly amplify the epistemic virtues of collaborative search.

Science, truth and dictatorship: Wishful thinking or wishful speaking?

This paper argues for a novel way of addressing questions about the relationship between politics and science: in terms of norms of communication, rather than norms of cognition. The first half of the paper motivates this general shift through close study of the concept of "wishful speaking"; arguing that this vice - rather than the more familiar "wishful thinking" - better captures real-life cases, such as the Lysenko affair. The second half builds on the ethics of communication to develop an account of the proper role of non-epistemic values in justification in terms of "value-aptness".