We present a theoretical view of the cellular foundations for network-level processes involved in producing our conscious experience. Inputs to apical synapses in layer 1 of a large subset of neocortical cells are summed at an integration zone near the top of their apical trunk. These inputs come from diverse sources and provide a context within which the transmission of information abstracted from sensory input to their basal and perisomatic synapses can be amplified when relevant. We argue that apical amplification (...) enables conscious perceptual experience and makes it more flexible, and thus more adaptive, by being sensitive to context. Apical amplification provides a possible mechanism for recurrent processing theory that avoids strong loops. It makes the broadcasting hypothesized by global neuronal workspace theories feasible while preserving the distinct contributions of the individual cells receiving the broadcast. It also provides mechanisms that contribute to the holistic aspects of integrated information theory. As apical amplification is highly dependent on cholinergic, aminergic, and other neuromodulators, it relates the specific contents of conscious experience to global mental states and to fluctuations in arousal when awake. We conclude that apical dendrites provide a cellular mechanism for the context-sensitive selective amplification that is a cardinal prerequisite of conscious perception. (shrink)

We argue that prediction success maximization is a basic objective of cognition and cortex, that it is compatible with but distinct from prediction error minimization, that neither objective requires subtractive coding, that there is clear neurobiological evidence for the amplification of predicted signals, and that we are unconvinced by evidence proposed in support of subtractive coding. We outline recent discoveries showing that pyramidal cells on which our cognitive capabilities depend usually transmit information about input to their basal dendrites and amplify (...) that transmission when input to their distal apical dendrites provides a context that agrees with the feedforward basal input in that both are depolarizing, i.e., both are excitatory rather than inhibitory. Though these intracellular discoveries require a level of technical expertise that is beyond the current abilities of most neuroscience labs, they are not controversial and acclaimed as groundbreaking. We note that this cellular cooperative context-sensitivity greatly enhances the cognitive capabilities of the mammalian neocortex, and that much remains to be discovered concerning its evolution, development, and pathology. (shrink)

ABSTRACTIn the late 1970s the big bang model of cosmology was widely accepted and interpreted as implying the universe had a beginning. At the end of that decade William Lane Craig revived an argument for God known as the Kalam Cosmological Argument based on this scientific consensus. Furthermore, he linked the big bang to the supposed biblical concept of creation ex nihilo found in Genesis. I shall critique Craig's position as expressed in a more recent update and argue that (...) contemporary cosmology no longer understands the big bang as the ultimate beginning, seriously undermining the KCA. I will further contend that book of Genesis should not be understood as describing creation ex nihilo anyway. (shrink)

Husserl’s early picture of explanation in the sciences has never been completely provided. This lack represents an oversight, which we here redress. In contrast to currently accepted interpretations, we demonstrate that Husserl does not adhere to the much maligned deductive-nomological (DN) model of scientific explanation. Instead, via a close reading of early Husserlian texts, we reveal that he presents a unificationist account of scientific explanation. By doing so, we disclose that Husserl’s philosophy of scientific explanation is no mere anachronism. It (...) is, instead, tenable and relevant. We discuss how Husserl and other contemporary thinkers draw theoretical inspiration from the same source—namely, Bernard Bolzano. Husserl’s theory of scientific explanation shares a common language and discusses the same themes as, for example, Phillip Kitcher and Kit Fine. To advance our novel reading, we discuss Husserl’s investigations of grounding, inter-lawful explanation, intra-mathematical explanation, and scientific unification. (shrink)

Probabilistic support is not transitive. There are cases in which x probabilistically supports y , i.e., Pr( y | x ) > Pr( y ), y , in turn, probabilistically supports z , and yet it is not the case that x probabilistically supports z . Tomoji Shogenji, though, establishes a condition for transitivity in probabilistic support, that is, a condition such that, for any x , y , and z , if Pr( y | x ) > Pr( y (...) ), Pr( z | y ) > Pr( z ), and the condition in question is satisfied, then Pr( z | x ) > Pr( z ). I argue for a second and weaker condition for transitivity in probabilistic support. This condition, or the principle involving it, makes it easier (than does the condition Shogenji provides) to establish claims of probabilistic support, and has the potential to play an important role in at least some areas of philosophy. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda. (...) By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the political agenda, but at a particular place. This paper compares and contrasts the two approaches. (shrink)

The late Jerry Cohen struggled to reconcile his egalitarian political principles with his personal style of life. His efforts were inconclusive, but instructive. This comment locates the core of Cohen’s discomfort in an abstract principle that connects what we morally ought to be compelled to do and what we have a duty to do anyway. The connection the principle states is more general and much tighter than Cohen and others, e.g. Thomas Nagel, have seen. Our principles of justice always put (...) our personal integrity to the test, unless those principles are designed not to. But to craft principles with an view to avoiding that test is, as Cohen argued, itself to undermine both justice and our integrity. (shrink)

Andrew Cling presents a new version of the epistemic regress problem, and argues that intuitionist foundationalism, social contextualism, holistic coherentism, and infinitism fail to solve it. Cling’s discussion is quite instructive, and deserving of careful consideration. But, I argue, Cling’s discussion is not in all respects decisive. I argue that Cling’s dilemma argument against holistic coherentism fails.

Coherentists on epistemic justification claim that all justification is inferential, and that beliefs, when justified, get their justification together (not in isolation) as members of a coherent belief system. Some recent work in formal epistemology shows that “individual credibility” is needed for “witness agreement” to increase the probability of truth and generate a high probability of truth. It can seem that, from this result in formal epistemology, it follows that coherentist justification is not truth-conducive, that it is not the case (...) that, under the requisite conditions, coherentist justification increases the probability of truth and generates a high probability of truth. I argue that this does not follow. (shrink)

It is standard practice, when distinguishing between the foundationalist and the coherentist, to construe the coherentist as an internalist. The coherentist, the construal goes, says that justification is solely a matter of coherence, and that coherence, in turn, is solely a matter of internal relations between beliefs. The coherentist, so construed, is an internalist (in the sense I have in mind) in that the coherentist, so construed, says that whether a belief is justified hinges solely on what the subject is (...) like mentally. I argue that this practice is fundamentally misguided, by arguing that the foundationalism / coherentism debate and the internalism / externalism debate are about two very different things, so that there is nothing, qua coherentist, precluding the coherentist from siding with the externalist. I then argue that this spells trouble for two of the three most pressing and widely known objections to coherentism: the Alternative-Systems Objection and the Isolation Objection. (shrink)

Responds to the article by Brad Brown and Susan Perry in the August 1995 issue of `Business & Society' periodical on the measure of corporate social responsibility (CSP).

Bernard Williams famously argued that eternal life is undesirable for a human because it would inevitably grow intolerably boring. I will argue against Williams and those who share his view. To make my case, I will provide an account of what staves off boredom in our current, earthly-mortal lives, and then I will draw on this account while advancing reasons for thinking that eternal life is desirable, given certain conditions. Though my response to Williams will partly overlap with some prior (...) responses to Williams, especially the one offered by J. M. Fischer, my response will also be distinctive in some important ways. For instance, it will be distinctive in that it will discuss the role that one’s part-whole-reality conception plays in fending off boredom, where by “one’s part-whole-reality conception” I mean “one’s conception of his or her place in the whole of reality.”. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

ABSTRACT: In this essay I provide one methodology that yields the level of analysis of an alleged knowledge-claim under investigation via its relations to varying gradations of scepticism. Each proposed knowledge-claim possesses a specified relationship with: (i) a globally sceptical argument; (ii) the least sceptical but successful argument that casts it into doubt; and (iii) the most sceptical yet unsuccessful argument, which is conceivably hypothesized to repudiate it but fails to do so. Yielding this specified set of relations, by means (...) of proceeding from global scepticism to (ii) and (iii), increases the chances of identifying the highest evaluative relevancy of the levels of analysis and observation of an alleged knowledge-claim. I argue that the failure to analyse and derive a difference between (i) and (ii) with respect to an alleged knowledge-claim signifies that the claim is grounded within the theoretical framework itself, that the claim lacks specification with regard to content that is analysable via that framework, and the claim is dubious insofar as alternative theoretic frameworks may present greater relevancy to levels of observation. KEYWORDS: knowledge, scepticism, perception, level of observation, magnification level, methodological scepticism. (shrink)

Naturalism is often considered to be antithetical to theology and genuine religion. However, in a series of recent books and articles, Willem Drees has proposed a scientifically informed naturalistic account of religion, which, he contends, is not only compatible with supernaturalistic religion and theology but provides a better account of both than either purely naturalistic or purely supernaturalistic accounts. While rejecting both epistemological and methodological naturalism, Drees maintains that ontological naturalism offers the best philosophical account of the natural world and (...) that, in addition, it provides the opening for a supernaturalistic understanding of religion and theology, one that best fits the condition of epistemic and moral distance from the transcendent characteristic of religious wonderers and wanderers. In this paper I examine Drees's claim and argue that it is seriously flawed. I show that Drees's naturalism is, in fact, both methodologically and epistemologically naturalistic. I also show that his attempts to limit naturalism to the sphere of the natural world by means of the phenomena of limit questions and underdetermination fail. Arguing for a more optimistic, but also, I contend, more empirically accurate account of human epistemic and moral capacities, I propose a full‐fledged scientifically based naturalistic account of theology. (shrink)

Experimenters claim some nonhuman mammals have metacognition. If correct, the results indicate some animal minds are more complex than ordinarily presumed. However, some philosophers argue for a deflationary reading of metacognition experiments, suggesting that the results can be explained in first-order terms. We agree with the deflationary interpretation of the data but we argue that the metacognition research forces the need to recognize a heretofore underappreciated feature in the theory of animal minds, which we call Unity. The disparate mental states (...) of an animal must be unified if deflationary accounts of metacognition are to hold and untoward implications avoided. Furthermore, once Unity is acknowledged, the deflationary interpretation of the experiments reveals an elevated moral standing for the nonhumans in question. (shrink)

There is a major debate as to whether there are non-causal mathematical explanations of physical facts that show how the facts under question arise from a degree of mathematical necessity considered stronger than that of contingent causal laws. We focus on Marc Lange’s account of distinctively mathematical explanations to argue that purported mathematical explanations are essentially causal explanations in disguise and are no different from ordinary applications of mathematics. This is because these explanations work not by appealing to what the (...) world must be like as a matter of mathematical necessity but by appealing to various contingent causal facts. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

Drawing on a passage from Ramsey's Truth and Probability, we formulate a simple, plausible constraint on evaluating the accuracy of credences: the Calibration Test. We show that any additive, continuous accuracy measure that passes the Calibration Test will be strictly proper. Strictly proper accuracy measures are known to support the touchstone results of accuracy-first epistemology, for example vindications of probabilism and conditionalization. We show that our use of Calibration is an improvement on previous such appeals by showing how it answers (...) or sidesteps problems that have been raised for previous work in this area. (shrink)

Information can be public among a group. Whether or not information is public matters, for example, for accounts of interdependent rational choice, of communication, and of joint intention. A standard analysis of public information identifies it with (some variant of) common belief. The latter notion is stipulatively defined as an infinite conjunction: for p to be commonly believed is for it to believed by all members of a group, for all members to believe that all members believe it, and so (...) forth. This analysis is often presupposed without much argument in philosophy. Theoretical entrenchment or intuitions about cases might give some traction on the question, but give little insight about why the identification holds, if it does. The strategy of this paper is to characterize a practical-normative role for information being public, and show that the only things that play that role are (variants of) common belief as stipulatively characterized. In more detail: a functional role for “taking a proposition for granted” in non-isolated decision making is characterized. I then present some minimal conditions under which such an attitude is correctly held. The key assumption links this attitude to beliefs about what is public. From minimal a priori principles, we can argue that a proposition being public among a group entails common commitment to believe among that group. Later sections explore partial converses to this result, the factivity of publicity and publicity from the perspective of outsiders to the group, and objections to the aprioricity of the result deriving from a posteriori existential presuppositions. (shrink)

Similarity and difference, patterns of variation, consistency and coherence: these are the reference points of the philosopher. Understanding experience, exploring ideas through particular instantiations, novel and innovative thinking: these are the reference points of the artist. However, at certain points in the proceedings of our Symposium titled, Next to Nothing: Art as Performance, this characterisation of philosopher and artist respectively might have been construed the other way around. The commentator/philosophers referenced their philosophical interests through the particular examples/instantiations created by the (...) artist and in virtue of which they were then able to engage with novel and innovative thinking. From the artists’ presentations, on the other hand, emerged a series of contrasts within which philosophical and artistic ideas resonated. This interface of philosopher-artist bore witness to the fact that just as art approaches philosophy in providing its own analysis, philosophy approaches art in being a co-creator of art’s meaning. In what follows, we discuss the conception of philosophy-art that emerged from the Symposium, and the methodological minimalism which we employed in order to achieve it. We conclude by drawing out an implication of the Symposium’s achievement which is that a counterpoint to Institutional theories of art may well be the point from which future directions will take hold, if philosophy-art gains traction. (shrink)

A post-Newtonian understanding of matter includes immaterial forces; thus, the concept of ‘physical’ has lost what usefulness it previously had and Cartesian dualism has, consequently, ceased to support a divide between the mental and the physical. A contemporary scientific understanding of mind that goes back at least as far as Priestley in the 18th century, not only includes immaterial components but identifies brain parts in which these components correlate with neural activity. What are we left with? The challenge is no (...) longer to figure out how a physical brain interacts with a nonphysical mind, but to try to unify theories of mind and theories of brain that to date do not share a single property. The challenge is enormous, but at least we can be quite clear about what its nature is, as there is no reason to be distracted by the idea of two distinct substances. In the present volume, many historical perspectives on the mind-body problem are discussed. In what follows, we follow major currents of thought regarding the mind-body problem so that it can be seen how we arrived at the modern conception that it makes sense only to talk about theory unification. (shrink)

In this paper, I discuss full-blooded Platonism (the claim that all possible mathematical objects exist) as a response to the skeptical problem in the philosophy of mathematics as to how empirical beings can cognize non-empirical mathematical objects. I then attempt to develop an analogous position regarding the applicability of concepts to reality in response to the skeptical problem regarding how we can cognize an objective reality through human-constructed concepts. If all concepts meeting certain minimal conditions structure reality under some aspect, (...) then objective knowledge is possible, regardless of how these concepts arose historically. (shrink)

We develop and apply a multi-dimensional conception of explanatory depth towards a comparative analysis of inflationary and bouncing paradigms in primordial cosmology. Our analysis builds on earlier work due to Azhar and Loeb (2021) that establishes initial condition fine-tuning as a dimension of explanatory depth relevant to debates in contemporary cosmology. We propose dynamical fine-tuning and autonomy as two further dimensions of depth in the context of problems with instability and trans-Planckian modes that afflict bouncing and inflationary approaches respectively. In (...) the context of the latter issue, we argue that the recently formulated trans-Planckian censorship conjecture leads to a trade-off for inflationary models between dynamical fine-tuning and autonomy. We conclude with the suggestion that explanatory preference with regard to the different dimensions of depth is best understood in terms of differing attitudes towards heuristics for future model building. (shrink)

Are interpersonal comparisons of desire possible? Can we give an account of how facts about desires are grounded, that underpins such comparisons? This paper supposes the answer to the first question is yes, and provides an account of the nature of desire that explains how this is so. The account is a modification of the interpretationist metaphysics of representation that the author has recently been developing. The modification is to allow phenomenological affective valence into the “base facts” on which correct (...) interpretation is grounded. To use this extra resource within that theory to vindicate interpersonal comparisons, we will need to appeal rational connections between level of valence and level of desire, which this paper sets out and examines. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

This article re-examines the theoretical basis for environmental and heritage interpretation in tourist settings in the light of hermeneutic philosophy. It notes that the pioneering vision of heritage interpretation formulated by Freeman Tilden envisaged a broadly educational, ethically informed and transformative art. By contrast, current cognitive psychological attempts to reduce interpretation to the monological transmission of information, targeting universal but individuated cognitive structures, are found to be wanting. Despite growing signs of diversity, this information processing approach to interpretation remains dominant. (...) The article then presents the alternative paradigm of hermeneutics through the works of Schleiermacher, Dilthey, Heidegger and Gadamer, to provide a broader interpretation of interpretation. This not only captures the essence of Tilden’s definition but construes heritage interpretation as a more inclusive, culturally situated, critically reflexive and dialogical practice. (shrink)

Social work is a contested tradition, torn between the demands of social governance and autonomy. Today, this struggle is reflected in the division between the dominant, neoliberal agenda of service provision and the resistance offered by various critical perspectives employed by disparate groups of practitioners serving diverse communities. Critical social work challenges oppressive conditions and discourses, in addition to addressing their consequences in individuals’ lives. However, very few recent critical theorists informing critical social work have advocated revolution. A challenging exception (...) can be found in the work of Cornelius Castoriadis (1922–97), whose explication of ontological underdetermination and creation evades the pitfalls of both structural determinism and post-structural relativism, enabling an understanding of society as the contested creation of collective imaginaries in action and a politics of radical transformation. On this basis, we argue that Castoriadis’s radical-democratic revisioning of revolutionary praxis can help in reimagining critical social work’s emancipatory potential. (shrink)

The persistent interpretation problem for quantum mechanics may indicate an unwillingness to consider unpalatable assumptions that could open the way toward progress. With this in mind, I focus on the work of David Bohm, whose earlier work has been more influential than that of his later. As I’ll discuss, I believe two assumptions play a strong role in explaining the disparity: 1) that theories in physics must be grounded in mathematical structure and 2) that consciousness must supervene on material processes. (...) I’ll argue that the first assumption appears to lead us toward Everett’s many worlds interpretation, which suggests a red flag. I’ll also argue that the second assumption is suspect due to the persistent explanatory gap for consciousness. Later, I explore ways that Bohm’s later work holds some promise in providing a better fit with our world, both phenomenologically and empirically. Also, I’ll address the possible problem of realism. (shrink)

The term 'fascism' continues to be very much in currency in Philippines society. To the Filipino people, its meaning is often drawn from pained memory of wholesale deprivation of democratic rights and large-scale human rights abuses. Yet, to many, the fear of fascism has still to give way to a deeper understanding of this menace. This may hold true even among those belonging to the progressive movement. One Marxist philosopher and theoretician who gave extended treatment of the issues surrounding the (...) character and conditions giving rise to fascism was Nicos Poulantzas, whose theory is employed here to interrogate the debates about fascism in the post-Marcos Philippines context. (shrink)

We claim that scientists working with deep learning (DL) models exhibit a form of pragmatic understanding that is not reducible to or dependent on explanation. This pragmatic understanding comprises a set of learned methodological principles that underlie DL model design-choices and secure their reliability. We illustrate this action-oriented pragmatic understanding with a case study of AlphaFold2, highlighting the interplay between background knowledge of a problem and methodological choices involving techniques for constraining how a model learns from data. Building successful models (...) requires pragmatic understanding to apply modelling strategies that encourage the model to learn data patterns that will facilitate reliable generalisation. (shrink)

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

In this chapter, I survey what I call Lewisian approaches to modality: approaches that analyze modality in terms of concrete possible worlds and their parts. I take the following four theses to be characteristic of Lewisian approaches to modality. (1) There is no primitive modality. (2) There exists a plurality of concrete possible worlds. (3) Actuality is an indexical concept. (4) Modality de re is to be analyzed in terms of counterparts, not transworld identity. After an introductory section in which (...) I motivate analyzing modality in terms of possible worlds, I devote one section to each of these four theses. For each thesis, I take Lewis’s interpretation and defense as my starting point. I then consider and endorse alternative ways of accepting the thesis, some of which disagree substantially with Lewis’s interpretation or defense. There is more than one way to be a Lewisian about modality. (shrink)

Composition as identity, as I understand it, is a theory of the composite structure of reality. The theory’s underlying logic is irreducibly plural; its fundamental primitive is a generalized identity relation that takes either plural or singular arguments. Strong versions of the theory that incorporate a generalized version of the indiscernibility of identicals are incompatible with the framework of plural logic, and should be rejected. Weak versions of the theory that are based on the idea that composition is merely analogous (...) to identity are too weak to be interesting, lacking in metaphysical consequence. I defend a moderate version according to which composition is a kind of identity, and argue that the difference is metaphysically substantial, not merely terminological. I then consider whether the notion of generalized identity, though fundamental, can be elucidated in modal terms by reverse engineering Hume’s Dictum. Unfortunately, for realists about possible worlds, such as myself,... (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.

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)

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)

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)

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)