Monistic Conception Research Articles

On Drugs.

Despite their centrality to medicine, drugs are not easily defined. We introduce two desiderata for a basic definition of medical drugs. It should: (a) capture everything considered to be a drug in medical contexts and (b) rule out anything that is not considered to be a drug. After canvassing a range of options, we find that no single definition of drugs can satisfy both desiderata. We conclude with three responses to our exploration of the drug concept: maintain a monistic concept, or choose one of two pluralistic outcomes. Notably, the distinction between drugs and other substances is placed under pressure by the most plausible of the options available.

A Pluralist Approach to Joint Responsibility

A Pluralist Approach to Joint Responsibility

The essence of private communication in the criminal process: separate theoretical-legal and applied aspects

The article presents a monistic concept of the relationship between national criminal procedural law and international law, in particular, comparing the norms of international treaties, the Constitution of Ukraine, and the Criminal Procedure Code of Ukraine. The places of these legal norms in the hierarchy of the country's legal system are determined from the point of view of their different legal force.
 Such an institution of the national criminal-procedural branch of law as interference in private communication is considered. It was analyzed that compliance with the norms of this institute includes classic and non-typical legal norms of the CPC of Ukraine. A scientific opinion is presented regarding the incompleteness of the list of investigative actions provided for by the prescriptions of paragraph 2 "Interference in private communication" of chapter 21 "Secret investigative (search) actions" of the CPC, which are related to interference in private communication.
 The legal category "private communication" was analyzed, in particular the legal definitions set forth in Part 1 of Art. 3 Art. 258 of the CPC of Ukraine, theoretical aspects of the essence of this concept, its constituent elements. The latest judicial practice of the Supreme Court on the application of this legal category was studied.
 It was concluded that the content of the research definition includes private, family and professional spheres, and may include information that is in the possession of a mass media or journalist, medical, notarial, commercial or other legally protected secret.
 In the context of the study, the provisions of Part 1 of Art. 8 and Part 1 of Art. 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms. The legal category "private communication" is compared with the concept of "correspondence" of this Convention, which is interpreted in the practice of the European Court of Human Rights. Different approaches of national and international law to the formation of formed legal categories are noted.
 The provisions when the right to respect for "correspondence" must be ensured, that is, the confidentiality of communication must be protected, in accordance with the practice of the European Court of Human Rights.
 Focused attention on the relationship between Articles 8 and 10 of this Convention in situations where special powers are used to circumvent the protection of journalistic sources.
 The similarity of the researched concepts of private communication and correspondence, which under certain features may be similar in their own essence, after the violation relate to the protected right to secrecy of communications, has been established.

The legal nature of the author’s personal non-property rights

In this article, the author analyzes the essence of the legal nature of the author’s personal nonproperty rights. It is noted that copyright studies conducted in Germany based on the philosophical concept of I. Kant (a right related to the personality of the creator) played an important role in protecting the author’s personal rights in continental Europe. These scientific investigations played a decisive role in the emergence of the doctrine of personal nonproperty rights of the author, which are designed to ensure the protection of the personality of the creator in his work.The monistic and dualistic concept of personal non-property rights of the author is considered. It is argued that the monistic concept interprets all the powers of a personal (non-property) nature recognized by the author as a manifestation of a single and indivisible copyright, where the significant difference between the legal regime of personal non-property and property rights to works does not mean that the question of the legal nature of the author’s non-property rights is resolved in advance . The author supports a dualistic approach in revealing the legal nature of the author’s nonproperty personal rights, since it is still better argued and contains practical points that are important both for the process of using personal non-property and property rights, as well as for law enforcement activities, where it is necessary to observe a clear distinction between the understanding of the legal regime of the author’s non-property and property rights.The essence of the author’s personal nonproperty rights is revealed through the analysis of the attributive features of these subjective rights, which ensure the connection of the creator with the work created by him and protect his personality embodied in it. The specified features include the non-property nature of the author’s personal rights, the inherent nature of the fact of authorship, their absoluteness, essentiality and inalienability. The last feature is optional, while the others are mandatory. The optionality of such a feature as the inalienability of the author’s personal non-property rights is associated with the possibility of transferring such a non-property right of the author as the right of state registration of copyright to the work to other persons.

Russia and International Law in 2000–2020: 100 Theses About Facts and Trends

The paper is an overview of the international legal stances of Russia, which were formed in the period from 2000 to 2020. The application of international law within the legal order of Russia is complicated by inconsistency of the Russian monistic concept, unclear status of customary law and general principles of law; lack of a developed judicial tradition. The Russia’s treaty policy comprises wide participation in general U.N. treaties, as well as bilateral treaties in the field of economic cooperation and legal assistance; unwillingness to participate in treaties, if this may entail negative political consequences. Russia backs down from some minor territorial claims in order to ensure stability; in some cases, she does not formulate a clear legal stance, limiting herself to political statements; she refuses to use judicial mechanisms, preferring bilateral negotiations and/or maintaining the status quo, and does not make efforts to create coalitions that support its claims. Russia uses international organizations rather as political fora, and not as a mechanism to create new legal order; she often takes a passive position when considering issues that do not affect its interests; she makes efforts to use the U.N. mechanisms, but sometimes lacks allies and trust from other members of international community. Russia recognizes the jurisdiction of international courts, but takes a passive position by rarely filing suits, objecting to jurisdiction and refusing to participate in the proceedings. The postSoviet international courts are politicized and do not make a serious contribution to the development of integration law. Russian doctrine is experiencing a serious crisis, which is caused by various reasons and can hardly be overcome by the efforts of the corporation itself

Promise and failure: Nationalism in the interwar thought of Carl Schmitt and Eric Voegelin

ABSTRACT This article analyses the role played by the concept of nation in the interwar writings of Carl Schmitt (1888–1985) and Eric Voegelin (1901–1985). It contends that, although these conservative thinkers were drawn in different ways to the anti-progressive potential of nationalist ideas, the centre of their political and theoretical horizons in that period is occupied by the problems of political unity and authority. Therefore, their nationalism is fundamentally determined by, and instrumental to, their adherence to a monistic and authoritarian conception of the state. This, in turn, leads them to embrace, though not without some reservations, the solutions put forward by the emergent far-right ‘strongmen’ to the interwar crisis of liberal democracy. Each author tested in his own way the porous borders between conservatism, nationalism, and fascism – a topic whose scholarly and political relevance is far from being exhausted.

Yoga Sebagai Sarana Menuju Tuhan Yang Advaita

<p><em>Yoga is becoming an increasingly global activity. This worldwide yoga is only for hatha yoga, not accompanied by the well-known advanced stages of hatha yoga, namely Raja yoga. The actually, Yoga teach to connect ātman and paramātman . This goal can be achieved if humans undergo the stages of yoga as a whole so that the atman who is affected by virtual nature can be purified again.Maha Rsi Pātañjali was the first people to give an explanation of the yoga system in the Yoga Sutras and there are eight stages which are called astangga yoga. Furthermore, yoga teachings are also contained in tattwa texts, including: Lontar Text of Tattwa Jñāna (prayogasaṅdhi);The lontar text of Wrhaspati Tattwa (ṣaḍanga yoga); Lontar text of Jñānasiddhânta (ṣaḍ-aṅga-yoga). Tattwa texts contain teachings about yoga because in the tattwa teachings there are the concepts of cetana and acetana. Putting off acetana leads to cetana with yoga as the path. The teachings of yoga whose aim is to connect and purify the ātman to paramātman are related to the advaita or monistic concept of divinity, because the paramātman that the ātman will aim at in yoga is of course the monistic paramātman which believes that everything is God and all the differences that exist are mere delusion.</em></p>

Non-Constitutive Cosmopsychism

Due to the difficulties of providing an adequate physicalist solution to the problem of consciousness, recent years have seen explora­tions of different avenues. Among these is the thesis of cosmopsychism, the view that the cosmos as a whole possesses consciousness. However, constitutive cosmopsychism is faced with the difficult problem of de­combination: how to consistently maintain the claim that individual subjects are grounded in one absolute consciousness. This paper sug­gests a solution by outlining a theoretical model of a broadly idealistic and quantitative substance-monistic character. The key idea here is a triadic rather than monistic or dualistic conception of the subject. This conception allows us to affirm that the individual subject exists while simultaneously holding that its substance component is part of the one, undivided substance. This substance is in turn the substantive component of an all-encompassing, absolute subject. Notably, this model avoids the problem of decombination.

Dlaczego warto wrócić do koncepcji instytucjonalnej odrębności prawa handlowego?

Artykuł jest próbą odpowiedzi na pytanie, dlaczego przy reformowaniu prawa handlowego należy wrócić do dualistycznej koncepcji regulacji stosunków prywatnoprawnych. Stwierdzono w nim, że reforma prawa handlowego jest konieczna nie tylko w celu intensyfikacji przedsiębiorczości oraz zapewnienia efektywności procesów gospodarczych, lecz także urzeczywistnienia społecznej gospodarki rynkowej i innych konstytucyjnych wartości. Prawidłowo i wydatnie funkcjonująca gospodarka jest podstawą dobrobytu oraz miernikiem poziomu realizacji różnych praw i wolności. Monistyczna koncepcja regulacji stosunków prywatnoprawnych, którą ustawodawca przyjął w początkowym okresie dokonywania przemian społeczno-gospodarczych, współcześnie nie przynosi zadowalających rezultatów w warunkach gospodarki zglobalizowanej i wykorzystującej na dużą skalę nowoczesne technologie cyfrowe. Do osiągnięcia wymienionych celów znacznie bardziej nadaje się koncepcja dualistyczna zakładająca instytucjonalną odrębność prawa handlowego. Istnieje mnóstwo różnych argumentów skłaniających do rozważenia ponownego wprowadzenia do obowiązującego porządku prawnego kodeksu handlowego jako optymalnego narzędzia kształtowania stosunków prawnohandlowych.

MECHANISMS FORMATION OF PARTICIPANTS DEVELOPMENT OF THE BANKING SECTOR IN NATIONAL ECONOMIES IN DIFFERENT COUNTRIES

Introduction. In the current economy, developed countries have created effective mechanisms to support economic development. Today, favorable conditions have already been created for the participants development in the banking sector, but it is foreign experience that is of considerable interest both for the formation of domestic participants in the banking sector and for the security of the national economy as a whole. The purpose of the article is to study the mechanisms of participants development in the banking sector in various countries of the world, analysis of approaches to corporate governance and participants development in the banking sector. Results. Processes of mechanisms formation of participants development of the banking sector in national economies of various countries in the world are investigated. It is determined that foreign experience is an incentive for the formation of their own domestic approaches and mechanisms for the participants development in the banking sector. Theories of participants development in the banking sector are studied. It is determined that due to the removal of most administrative and legislative restrictions and the introduction of such a set of measures, most of the countries of Western Europe have taken a leading position at the present stage of the world economy development in terms of business development and economic security indicators of participants in the banking sector of the economy. It is shown that creating an effective system of corporate governance, banks face the need to solve many specific issues in addition to those that are dealt with by joint-stock companies operating in the real sector of the economy. Conclusions. Based on the research, it was revealed that the organization of corporate governance is mainly used in banks in Europe and the United States, and in practice, such a system of organizing the work of the above banking institutions is directly described by the monistic concept. Keywords: banking system, development mechanisms, management approach, banking sector, success rating.

Perception and Pluralism: Leibniz’s Theological Derivation of Perception in Connection with Platonism, Rationalism and Substance Monism

AbstractThis article discusses Leibniz’s claim that every substance is endowed with the property of perception in connection with Platonism, rationalism and the problem of substance monism. It is argued that Leibniz’s ascription of perception to every substance relies on his Platonic conception of finite things as imitations of God, in whom there is ‘infinite perception’. Leibniz’s Platonism, however, goes beyond the notion of imitation, including also the emanative causal relation and the logical (i.e. definitional) priority of the absolute over the limited. It is proposed that Leibniz’s endorsement of Platonism, in conjunction with some rationalist elements of his philosophy, implies a monistic conception of particulars as modifications of a single substance. Following some scholars and opposing others, the article offers evidence that Leibniz accepted this implication during the last years of his Paris period. However, it is further argued that it was precisely the idea of perception as a property of every substance that allowed Leibniz to find a way out of monism after that period. More specifically, the article defends the view that what made room for ontological pluralism within Leibniz’s rationalist and Platonic outlook was the idea that perception is the property which constitutes the very being of substances: substancesaretheir perceptions.

The Three Dimensions of Administrative Law

My claim is that administrative law has three dimensions: legal, managerial and political. I intend to present them and to discuss their relations with each other. I also plan to show how the tridimensional framework can be helpful and contribute to the development of this branch of law. The tridimensional conception of administrative law provides relevant analytical uses. First, it allows one to understand the dilemmas involved in each administrative choice. Second, it gives meaning to the differences found in the solutions that different jurisdictions give to similar legal problems. Third, it permits to identify and rationalize historical fluctuations that happen inside the same jurisdiction. Fourth, the tridimensional framework has the merit of overcoming a monistic conception of administrative law, which for long fails to capture the complexity of contemporary public administration. And it can open room for a more realistic justification of options inside administrative law. I will develop these points further.

Reimagining Sovereignty: A Response to Julie Cooper

Abstract Written as a response to Julie Cooper's article, this piece situates her critique of contemporary political theory within a set of debates about the nature and form of sovereignty that sit at the intersection of ethics, political theology, and political theory. It focuses in particular on Cooper's critique of attempts by, among others, Judith Butler, Joan Cocks, and Jacques Derrida, to pose ethics against politics as a way of addressing concerns about top-down, monistic conceptions of sovereignty. In place of such a move it offers an alternative political imaginary derived from a neglected tradition of thinking about sovereignty—named variously as consociationalism or confederalism—that is pluralistic, has a distributed conception of political agency, and is not tied to the nation-state as the paradigm for political order.

A Study on the Spatial View of Monistic Space Conception in Soswaewon

A Study on the Spatial View of Monistic Space Conception in Soswaewon

Gorky’s return and the energetics of Soviet socialism

The article aims to provide a new perspective on the role played by Maksim Gorky in the creation of Soviet culture. From multiple documentary sources, it reconstructs the private Naturphilosophie that Gorky began developing in the early years of the twentieth century and which continued to inform his views after he took the helm of the Stalinist cultural establishment. At its center was the monistic concept of energy, which Gorky, under the influence of Aleksandr Bogdanov, came to regard as the principle uniting objective processes and subjective phenomena, nature and human history. Insofar as Gorky’s energetics comprises both a doctrine of culture-building and a theory of subjectivity, it allows us to see in a new light the writer’s return to the Soviet Union in the late 1920s. His project for a new socialist culture was, at the same time, a project of subjectivity, as he sought to fashion himself into what he thought a socialist individual should be.

The Pacifist Tradition and Pacifism as Transformative and Critical Theory

Pacifism is often painted into a corner as an absolute rejection of all violence and war. Such a dogmatic and negative formulation of pacifism does leave us with pacifism as a morally problematic position. But pacifism is not best understood as a negative claim. Nor is pacifism best understood as a singular or monistic concept. Rather, there is a “pacifist tradition” that is grounded in an affirmative claim about the importance of nonviolence, love, community building, and peaceful conflict resolution. This more positive conception of pacifism aims to transform social and political life. When understood in this way, pacifism is a robust and useful critical social theory. This paper explores the philosophy of pacifism in an attempt to reconceptualize pacifism as a tradition of normative critical theory. The paper argues that pacifism ought to be understood on analogy with other critical theories—such as feminism; that pacifism should be understood in terms of the “pacifist tradition”—along lines familiar from interpretations of the “just war tradition”; and that pacifism should be seen as offering interesting themes and ideas that are worthy of philosophical attention.

A Comparative-Philosophical Solution to the Problem of Part-Whole Relations Between רוח -Type Entities in the Hebrew Bible

What has been called “the pneumatology” of the Hebrew Bible is generally held to be an unsolved problem. To this day, available research operates on the assumption of a “missing link” between theological, cosmological, and anthropological domains distinguished within the meta-language. This is indeed evident from a comparative-philosophical perspective in that the conceptual background for רוח -type entities as encountered in scholarly discourse comes across as ontologically disjointed and metaphysically fragmented. In the present article, the author argues that the riddle of “The One and the Many” is a pseudo-problem generated by anachronistic Platonic dualism supervening on inquiries into the assumed nature of רוח as “Ursubstanz” and the mereology of רוח -type entities in the world of the text. In addition, a unified theory is put forward with reference to the problem of part-whole relations as can be reconstructed from the perspective of more monistic conceptions of spirit in the associated history and philosophy of religion.

El análisis del alma

La corriente cientificista–materialista occidental, ha cambiado de manera radical la forma en la cual se concibe la producción de conocimiento científico en la actualidad. Esta concepción monista, sustentada a través de metodologías y técnicas centradas exclusivamente en la exploración del “objeto”; a partir de la experimentación y cuantificación de datos; ha sido irradiada de forma indiscriminada hacia todas las áreas de investigación; inclusive en aquellas tan poco acomodadas para su uso, como es el caso de la psicología. Lo anterior ha traído como resultado la “cosificación” sistemática de la esencia psíquica del hombre, y una visión reduccionista de la compleja vida anímica del sujeto. Este hito contemporáneo se encuentra profundamente vinculado al fenómeno histórico y ontológico de la escisión de la consciencia, que encuentra su máxima expresión en el hombre occidental moderno. Hoy más que nunca se vuelve necesario ubicar un punto de equilibrio al interior de la ciencia; donde las ciencias sociales, y especialmente la psicología, puedan reencontrarse una vez más con su propia identidad.AKADEMOS, Año 10, Vol. 1, No 26, Enero-Junio 2016: 71-97

Late Feyerabend on materialism, mysticism, and religion

Feyerabend's interests in religion and mysticism grew through his career. In his later writings, Feyerabend's numerous critiques of scientific materialism are often accompanied by purported advantages of religious orientations and temperaments. These recommendations do not simply follow from his tolerant theoretical pluralism; they are more positive attempts to articulate distinctive aspects of human life satisfied by religion, but not by scientific materialism. Elevating the human need for mystery, reverence, and love, he contrasts these goods with the deliverances of monistic conceptions of science and reason. I bring attention to some of the common themes in these remarks to argue that they were integral with other parts of his philosophical project and that they could serve as helpful rejoinders to contemporary exhortations to science-based secularism from philosophers of science.

Two Concepts of Monism: Axiomatic and Asymptotic

AbstractAccording to Isaiah Berlin's influential characterization, value monism holds that there are discoverable, axiomatic ethical principles from which all ethical knowledge may be derived, that ethical reasoning is algorithmic and mechanical, and that it seeks permanent, “final solutions” to all ethical conflicts. Berlin's account of monism oversimplifies and distorts the idea of monism and its relation to liberal values. There is a fundamentally distinct conception of monism, “asymptotic” monism, that is not only compatible with liberty and liberal toleration but is required by these values. I present this alternative through an exposition and defense of Immanuel Kant's monistic conception of ethics and public law, where it finds full expression. Berlin's warnings that monism tends to support political despotism ignore the distinctive character of Kant's asymptotic monism.