Normative Principles Research Articles

Hume’s Empiricism versus Kant’s Critical Philosophy (in the Times of Artificial Intelligence and the Attention Economy)

The article exposes how one of the most fundamental oppositions in the history of modern philosophy – the opposition between Hume’s empiricism and Kant’s critical philosophy – is embedded in the current debate on the impact of artificial intelligence (in particular, the algorithmic selection of content) on human society. Hume’s empiricism – with its deduction of subjectivity based on a process of habituation – corresponds to the functioning of recommending algorithms, while Kant’s idea of autonomous subjectivity corresponds to the ideals underlying today’s ethical attempts towards the regulation of artificial intelligence. According to such ethics, the use of empirical data can endanger humans; whereby our attention can be easily caught by sensationalist content and our autonomy replaced by the agency of machinic intelligence. However, as argued in the present article, such ethical positioning also reproduces the gap between the empirical reality and normative principles, which is why transcendental (Kantian) ethics should be supplemented with Hume’s immanent and practical reasoning.

The Realisation of the Principle of Human Dignity in the Actions of Public Administration – Selected Issues

Human dignity is one of the constitutional values in a number of contemporary states, including Poland. Article 30 of the Polish Constitution says that the inherent and inalienable human dignity is a source of human and civic freedoms and rights. It is inviolable and must be respected and protected by public authorities. Respect for human dignity is expressed as a normative principle or a value that public administration must keep in mind in its operations. Given its universal nature, it determines the way in which people are treated by public administration, which must not only consider but also respect human dignity. Therefore, the state administration should not take action that would violate human dignity and should take action where that dignity is at risk. This obligation becomes the source of the public administration’s special duties concerning the respect for and protection of human dignity.

Analisis Legalitas Pemberian Kredit Tanpa Agunan oleh Bank Berdasarkan Uu No 10 Tahun 1998 tentang Perubahan Atas Undang Undang No 7 Tahun 1992 Tentang Perbankan


 
 
 
 
 
 
 
 
 
 
 
 
 Unsecured Credit (KTA), is one of the products of financing institutions such as banks. KTA is a financing product that is quite widely carried out in addition to people's business loans and leasing. This product is considered quite commonly given by financing institutions such as banks to their debtor customers, by analyzing their track record of making agreement transactions according to the opportunity. So that KITA has until now become a fairly legal financing product even shaded by BI and OJK. However, the problem is that KTA also presents a considerable risk with a high level of bad debt. Many banks experience crucial problems, in carrying out this program, one of which is BNI. From the problems that have occurred, the purpose of writing this article is, analyzing the legality of criminal application or unsecured credit based on the provisions of the law on banking. The analysis process is carried out by literacy studies based on normative principles. The basis of this research shows that the legality of providing unsecured loans has not fulfilled sharia principles as stated in article 8 Paragraph 1 of the Law on banking, even though OJK and BI have legalized such activities. This is because unsecured credit is a high-risk financing activity.
 
 
 
 
 
 
 
 
 
 
 
 

The Principle of Intergenerational Justice in Environmental Management and Its Relation to the Concept of Sustainable Development

The principle of intergenerational justice and its relationship to the concept of sustainable development in environmental management is an endlessly discussed issue. Considering that the environment is one of the most crucial elements for the survival on Earth, this study constructs the principle of intergenerational justice as an effort towards sustainable development in environmental management, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. This study falls under the category of literature research, examining literature data from law books, journals, legislation, and other relevant references. The research findings indicate that the management and utilization of natural resources between generations should be carried out fairly, meaning that the present generation has an obligation to pass on the environment in a good condition to future generations. Therefore, environmental management and utilization must be based on moral and sustainability principles. The concept of sustainable development embodies the principles of intergenerational justice. In the practice of law enforcement, the principle of intergenerational justice has been implemented by the Philippine government, as exemplified by the Minor Oposa case in 1993, which involved deforestation. In Indonesia itself, the normative principles of intergenerational justice have been accommodated in various principles, as stated in Article 2 of Law Number 32 of 2009 concerning Environmental Protection and Management.

루소의 자연주의 교육론 고찰

Objectives In this study, it was examined that Rousseau's natural education, which had a great influence on modern child education, was not an education cut off from society, but premised on educational principles for society, reason, and morality, which are the main pillars of civic education.
 Methods To this end, this thesis derives three concepts of nature by analyzing the primary source material, Rousseau's work, and secondary literature dealing with the interpretation of Rousseau's education. And based on the concept of nature, Rousseau's principles of nature education were analyzed.
 Results Through this, Rousseau was able to find not only the primitive primary nature as opposed to the artificial, but also the concept of a second nature as a normative principle that re-establishes society. Based on this, it is analyzed that Rousseau's nature education is acting as an educational principle for the formation of a new society with the connection with society in mind. Rousseau emphasized the role of the family as a mediator between the individual and society, and suggested a passive education that creates a respite space free from social customs and prejudices. Furthermore, Rousseau's nature education can be said to be an education that forms a second nature as an educational norm for a new future. In this regard, in order to form a natural person in society, we examined the need for education based on necessity, not excessive desire, and education based on things that can judge the value of things themselves.
 Conclusions Through the above contents, it was possible to examine that the nature education that Rousseau was trying to suggest does not consist in the formation of human beings cut off from society, but rather lies in the formation of human beings as moral beings that can contribute to the formation of a new society.

The Incompatibility of Humanism in the South African Constitution with Neoliberal Governmentality

Abstract The Constitution of the Republic of South Africa is a momentous text in the history of South Africa’s liberation from the apartheid regime. It marks a break with the old regime, which sought to protect the prosperity of the country’s white minority while oppressing the black majority. The shift posited in the Constitution was clearly legal, but it was also conceptual. It was written with the intention to change the normative structure and principles of justification. As I will argue, it puts forward a normative discourse based on humanism. Since humanism has a rocky history, rife with exclusion and subjugation, it is important to clarify the sort of humanism contained in the Constitution of South Africa as one which understands the human as a site of potential. Although the Constitution may place value on such a humanism, it is not clear that our other social discourses cohere with this apprehension of the human. Specifically, I claim that the tendency in South African discourse (in various realms) to deploy neoliberal reason is at odds with the humanism outlined in the South African Constitution and therefore also does not allow for its actualisation.

Assessing needs-based supply of physicians: a criteria-led methodological review of international studies in high-resource settings

BackgroundMany health systems embrace the normative principle that the supply of health services ought to be based on the need for healthcare. However, a theoretically grounded framework to operationalize needs-based supply of healthcare remains elusive. The aim of this paper is to critically assess current methodologies that quantify needs-based supply of physicians and identify potential gaps in approaches for physician planning. To this end, we propose a set of criteria for consideration when estimating needs-based supply.MethodsWe conducted searches in three electronic bibliographic databases until March 2020 supplemented by targeted manual searches on national and international websites to identify studies in high-resource settings that quantify needs-based supply of physicians. Studies that exclusively focused on forecasting methods of physician supply, on inpatient care or on healthcare professionals other than physicians were excluded. Additionally, records that were not available in English or German were excluded to avoid translation errors. The results were synthesized using a framework of study characteristics in addition to the proposed criteria for estimating needs-based physician supply.Results18 quantitative studies estimating population need for physicians were assessed against our criteria. No study met all criteria. Only six studies sought to examine the conceptual dependency between need, utilization and supply. Apart from extrapolations, simulation models were applied most frequently to estimate needs-based supply. 12 studies referred to the translation of need for services with respect to a physician’s productivity, while the rest adapted existing population-provider-ratios. Prospective models for estimating future care needs were largely based on demographic predictions rather than estimated trends in morbidity and new forms of care delivery.ConclusionsThe methodological review shows distinct heterogeneity in the conceptual frameworks, validity of data basis and modeling approaches of current studies in high-resource settings on needs-based supply of physicians. To support future estimates of needs-based supply, this review provides a workable framework for policymakers in charge of health workforce capacity planning.

정직한 중개인(honest broker)으로서 과학 자문

Politics or policy-making(administration) system tends to transfer decision-making functions to science in modern societies with increasing uncertain complexity. This tendency confines scientific discussion in extreme polarisation, which is tightly coupled to political win-lose. As science is more tightly coupled to politics and policy, the degree of freedom for each system is lowered, narrowing the room where policy alternatives are discussed and compromised. Under this analysis, the research proposes the honest broker model as an appropriate role model for scientific advisors in a modern society where uncertainty and value conflicts are growing. Scientific advisors do not prepare a single policy answer but rather present a variety of feasible scenarios and multiple policy alternatives within the scope of uncertainty. For scientific advisory to function as an honest intermediary, certain normative principles such as accountability separation between policy-making and scientific advisory system, transparency, diversity and openness should be established first. Finally, this paper attempts to apply the theoretical discussions to an institutional reformation of the current National Clinical Committee for Infectious Diseases. In this regard, the most urgent issue in the future is to institutionalize the science advice process. Such institutional settings enhance the influence of scientific advisory on policy while preventing the situation in which scientists are accused of political or legal responsibility for policy failure.

Governance of ‘Mothering’ and Motherhood Politics in a Traditional Society

Becoming a mother is a biological fact whereas ‘mothering’ is largely a sociocultural product. Though some psychoanalytic theorists argue that mothers have an instinctual urge to ‘mother’, sociocultural normative principles largely govern mothering. Cultures around the world have different expectations of what motherhood should be in their culture. Historically too there are images of ‘good mother’ and ‘bad mother’ possessing opposite characteristics. Motherhood being romanticized and over glorified throughout ages, puts pressure on the mother of constantly striving towards being a perfect mother. In the psychoanalytic framework, mothers are seen as the ‘object’ of a baby's desire serving transformative function. Becoming a mother, thus, inescapably impose dissonance and tension between the subjective experiences of mothering and normative ideals of motherhood. As an experiential consequence, a mother may feel emotionally tormented with ambivalent reactions towards motherhood and the concept of mothering. In this context the present paper attempts to inquire, with help of psychoanalytic and sociological theories, how a patriarchal society governs motherhood to establish the motherhood politics and its consequential effects on the mothers.

Efficient coding of natural scenes improves neural system identification.

Neural system identification aims at learning the response function of neurons to arbitrary stimuli using experimentally recorded data, but typically does not leverage normative principles such as efficient coding of natural environments. Visual systems, however, have evolved to efficiently process input from the natural environment. Here, we present a normative network regularization for system identification models by incorporating, as a regularizer, the efficient coding hypothesis, which states that neural response properties of sensory representations are strongly shaped by the need to preserve most of the stimulus information with limited resources. Using this approach, we explored if a system identification model can be improved by sharing its convolutional filters with those of an autoencoder which aims to efficiently encode natural stimuli. To this end, we built a hybrid model to predict the responses of retinal neurons to noise stimuli. This approach did not only yield a higher performance than the "stand-alone" system identification model, it also produced more biologically plausible filters, meaning that they more closely resembled neural representation in early visual systems. We found these results applied to retinal responses to different artificial stimuli and across model architectures. Moreover, our normatively regularized model performed particularly well in predicting responses of direction-of-motion sensitive retinal neurons. The benefit of natural scene statistics became marginal, however, for predicting the responses to natural movies. In summary, our results indicate that efficiently encoding environmental inputs can improve system identification models, at least for noise stimuli, and point to the benefit of probing the visual system with naturalistic stimuli.

Institutional Conservativism and the Right to Exclude

This article offers a critical analysis of Blake’s ‘jurisdictional theory’ of the border control and, especially, its state-based methodology. It then draws on this analysis to discuss the merits of analysing global migration through the lens of ‘the right to exclude’. Blake’s theory demands serious attention in light of its promise to combine a normative account of exclusion with an uncontroversial descriptive account of the state. Despite its initial appeal, however, the theory is shown to face serious problems. First, its central normative principle turns out to be able to yield an account of justified exclusion only at the cost of departing from the theory’s purported emphasis on the state. Second, and more importantly, its state-based methodology is shown to be unable to generate a convincing account of the legitimacy of border control, as opposed to the justice of exclusion. It is argued that this point is relevant for the analytical debate on immigration and borders more generally, in light of institutional phenomena that characterise the contemporary practice of border control. In this context, an excessive focus on the right to exclude can work to mask significant exercises of state power.

An ethical framework for the creation and use of 3D printed human remains in crime reconstruction

There is currently a lack of clear guidance setting out ethical best practice in 3D forensic science broadly, and for 3D printing human remains specifically. This paper presents nine ethical principles identified by Carew et al. [4,7] that provide a foundation for establishing ethical practice. The relevance of the nine key normative ethics principles (justice transparency, proportionality, beneficence, context, non-maleficence, anonymity, consent, and autonomy) is outlined, and a hierarchical ethics framework is presented that sets out a synthesis of these nine principles at societal, case, and task levels. This framework sets out key principles to be considered at different stages in the forensic science process and in operational planning, as well as identifying the accountability of key decision makers at each stage. The hierarchical ethics framework provides an adaptive tool that forensic actors can use in practice, to take each ethical principle into consideration and develop best ethical practice, that ensures 3D printed human remains are created and used in an ethical manner.

Mining and quantitative evaluation of COVID-19 policy tools in China.

Policy quantitative analysis can effectively evaluate the government's response to COVID-19 emergency management effect, and provide reference for the government to formulate follow-up policies. The content mining method is used to explore the 301 COVID-19 policies issued by the Central government of China since the outbreak of the epidemic in a multi-dimensional manner and comprehensively analyze the characteristics of epidemic prevention policies. Then, based on policy evaluation theory and data fusion theory, a COVID-19 policy evaluation model based on PMC-AE is established to evaluate quantitatively eight representative COVID-19 policy texts. The results show that: Firstly, China's COVID-19 policies are mainly aimed at providing economic support to enterprises and individuals affected by the epidemic, issued by 49 departments, and include 32.7 percent supply-level and 28.5 percent demand-level, and 25.8 percent environment-level. In addition, strategy-level policies accounted for at least 13 percent. Secondly, according to the principle of openness, authority, relevance and normative principle, eight COVID-19 policies are evaluated by PMC-AE model. Four policies are level Ⅰ policies, three policies are level Ⅱ policies and one policy is level Ⅲ policies. The reason for its low score is mainly affected by four indexes: policy evaluation, incentive measures, policy emphasis and policy receptor. To sum up, China has taken both non-structural and structural measures to prevent and control the epidemic. The introduction of specific epidemic prevention and control policy has realized complex intervention in the whole process of epidemic prevention and control.

Inclusive Universalism as a Normative Principle of Education

AbstractIn recent years we have seen a newfound engagement with Jürgen Habermas's work in philosophy of education, focusing on his conception of argumentative dialogue, or discourse, as the origin of both truth‐related epistemic judgments and justifications of moral norms that claim rightness rather than truth. In this article, Krassimir Stojanov first reconstructs the way in which Habermas determines the relation between truth and rightness, and he then shows that moral rightness functions as a “truth‐analogue” since moral norms, like true facts, transcend the actual and local practices of their justification. In the case of moral rightness, this transcendence occurs as an infinite process of inclusion of the perspectives and interests of all potentially concerned persons — also (and foremost) the perspectives and interests of those who are strange to each other in their respective values, worldviews, and interests. With this account of “truth‐analogue” moral rightness, Habermas conceptualizes a kind of processual and “difference‐sensible” universalism, which is very different from the substantialist universalism of some traditional conceptions of education, or Bildung. In the final section, Stojanov shows why including children in their otherness as children in the discursive process of production of moral knowledge, and thus treating them with a kind of epistemic respect, is a constitutive condition for that process. The demand for the discursive inclusion of children follows from the discourse ethics approach, but it requires an enlargement and some corrections of that approach.

Paradoxes in collaborative governance

ABSTRACT This article aims to move collaborative governance research beyond a fragmented consensus on its enigmatic nature by comprehensively and systematically extricating and codifying different paradoxes and proposing both paradox-handling mechanisms and paradox-based research agendas. We present a framework consisting of paradoxes between normative principles, paradoxes between normative principles and real-life practices, and paradoxes in the real-life practices of collaborative governance. We discuss how to handle these inherent paradoxes and propose research agendas for scholars and practical guidance for administrators based on the paradox perspective, which will enrich collaborative governance research and practices.

Employment Status and Human Rights: An Emerging Approach

The question of who falls within the ‘personal scope’ of employment law is of fundamental importance to the field but remains highly contested. This article makes a novel contribution by examining the implications of human rights in this context and advocating a fundamental shift in the courts’ approach to personal scope. It suggests that where employment legislation functions to protect human rights the scope of these statutes should, at the level of normative principle, be construed inclusively with any exclusions needing to be justified. The article then argues that the effect of the Human Rights Act 1998 is to introduce a new human rights approach to employment status into English law which closely reflects this proposal. It sets out the frameworks that domestic courts should apply, and critically assesses a line of recent cases which illustrate the emergence and significance of this human rights approach to personal scope.

Democracy or dictatorship? The moral call to defend Ukraine

This essay is a reflection on the Ukraine war grounded in moral motives to empathetically support an attacked victim (whether at the individual or national level). It entails a critique of the moral abstraction of the geopolitical perspective and an analysis of Putin’s imperial Eurasian ideology, including Dugin’s cultural essentialism and the biopolitical strategies of its implementation. Current calls for peace, ceasefire or diplomacy appear problematic in this light. The need to articulate normative principles orienting negotiations with morally acceptable results becomes apparent, as they both justify the use of effective military means of empathetic solidarity and limit the dangers of an unchecked militarization and bellicose attitudes in this conflict.

Advancing Value Pluralist Approaches to Social Policy Controversies: A Case Study of Welfare Conditionality

Abstract‘Value pluralism’ is a strand of analytical philosophy that posits the plurality of morally significant values. By enabling systematic mapping of the diversity of moral registers within which social policy concerns might legitimately be considered, we contend that value pluralist-inspired analysis can aid constructive policy dialogue. Our argument is founded on four claims: first, as a matter of normative principle, value pluralism represents a defensible ethical standpoint; second, as a matter of fact, people are attracted to a plurality of moral values; third, as a matter of democratic legitimacy, pluralism offers a means of (partially) reconciling rival moral claims; fourth, as a matter of political strategy, pluralism offers a pragmatic approach that can engage protagonists on their own terms. To demonstrate its efficacy, we apply this pluralist approach to the vexed question of welfare conditionality, which we interrogate via six normative perspectives (rights, utilitarianism, contractualism, communitarianism, paternalism and social justice).

사법부와 정치위기

This study discusses on the presidential impeachment perceiving it as a constitutional device to overcome the internal political crisis - the loss of the president's control of state affairs - within the constitutional system. With so much power concentrated on the president, the president's vacancy can lead to a serious power vacuum. Whether this crisis can be resolved and turned into a stable phase is entirely left to the decision maker, the Constitutional Court. It might be wrong to leave the final judgment to the judicial branch even though the presidential impeachment is a political dispute. But the political nature of the presidential impeachment does not automatically make the Constitutional Court's decision political. Rather, the stronger the political character, the more faithful the Constitutional Court will try to be to the literary and logical interpretation based on normative principles. In the two presidential impeachment cases, the Constitutional Court used the principle of prohibition of excessive restriction, particularly balancing test, in the process of argumentation for conclusion.

IS THERE A LEARNING TYPE?! REVISITING LEARNING-STYLES THEORY IN VIEW OF LEARNING AND EMOTION

Over the last twenty years the VAK learning-styles theory, which differentiates between visual, auditory, and kinesthetic learning types, has been criticized and debunked by various academic disciplines and declared by several scientists as a neuromyth. Regardless of its criticism, the concept has retained its popularity within the teacher-community and is regularly taught in teacher education. The aim of this article is to meet this theory-practice gap in a constructive way. After (1) a short introduction, this paper starts (2) with a differentiated assessment of the theory. The VAK learning-style theory will be deconstructed into four main hypotheses which are then (3) one at a time, evaluated (empirically as well as in view of teaching practice). After a complex evaluation of the concept and its criticism, this article continues with (4) showing, how the learning-style theory provides teachers with an approachable understanding of learning and comforts them in dealing with learning differences within a heterogenic student body. Considering the empirical evidence on the one hand and teacher’s needs on the other hand, this article (5) lines out fundamental insights of learning theories, as well as (6) the relevance and capacity of emotions for perception and evaluation processes. Approaching (7) learning style-theory from the perspective of learning-theories and theories of emotion, which highlights the interdependency of learning, achievement, and emotion, finally allows concluding the paper (8) with four specific and normative principles, which allows teachers to benefit from an empirical accurate understanding of a complex process of learning and teaching.<p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0022/a.php" alt="Hit counter" /></p>