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This chapter summarizes the MOUDD theory of phenomenal consciousness, and responds to dualist arguments based on bats, zombies, color inverts, and Mary in her black-and-white room.
Paranormal explanations of NDEs generally refer to the dualistic view of the world. These explanations are built upon the belief or derived from the credo that NDEs can be explained through paranormal concepts.
Functional neurological disorder (FND) is a well-recognised condition often involving a complex interplay of biopsychosocial factors. Although awareness of FND among the general population and clinical staff has increased and improved over recent years, challenges remain for the sufferers across multiple areas. This reflective piece explores these challenges using a relational understanding. The model of cognitive analytic therapy (CAT) is used to examine some of the dynamics and concepts at play in FND.
This article argues that the concept of dualism has ceased to operate as a reliable indicator of, or guide to, the relationships between domestic and international laws in the UK’s constitutional order. Dualism, it is argued, provides only a partial account of the complex interactions between domestic and international laws, cannot accommodate the hybrid products of interactions with European legal orders and ignores the post-“incorporation” processes of domestication through which international and domestic norms are reconciled. The connections between domestic and international laws are – in contrast to dualism’s binary simplicity – multi-dimensional and interconnected with the UK’s (recently turbulent) constitutional politics.
Unlike many other forms of ‘heresy’, Manichaeism is not a polemical construct but an independent and organised church within the Christian tradition originating in Mesopotamia and Iran in the third century CE. It had its own heresiology against other communities such as the western Catholic-Orthodox church, identifying key points of difference and deviance from the ‘faithful and true Christianity’ of Manichaean doctrine and practice.
Even by the standards of medieval heresy, the history of the Bogomils is notable for a lack of sources. This chapter bases its analysis on the long account of Kosmas Presbyter of Pop Bogomil and his followers in tenth-century Bulgaria. Understanding this helps illuminate less informative references and points to a persistent dualist tradition in the Balkans and Byzantium, well capable of exporting organisation and doctrine.
Were ‘the Cathars’ a medieval reality, an actual religious dissidence entertained by an organised group of people, or are they a mere figment of medieval churchmen and modern historians? In the last two decades, a fierce scholarly controversy has developed around this question. The present chapter introduces the reader to both sides of the argument.
The distinction between international and domestic law plays an essential function in the establishment of international law as an autonomous order. During the lifespan of the League, this distinction was contested by scholars and judges in increasingly sophisticated ways. This process culminated in the debate between monists and dualists. However, the formal conceptual foundations of this debate meant that it failed to take account of the way that bureaucrats, officials and experts at the League adopted equally sophisticated normative strategies as part of the ‘experiment of international administration’. Such strategies, which lay at the heart of attempts to promote the ‘well-being and development’ of peoples subject to mandatory rule and foster co-operation across social and economic fields, creatively transformed conventional understandings of the relationship between international law and domestic law. This chapter juxtaposes these simultaneous, countervailing trends of formalisation and deformalisation in international law and administration to offer fresh insight into the crucial formative period in the history of the distinction between international law and municipal law.
This chapter begins by sketching the standard belief-desire model of action and action-explanation employed by most philosophers, while also noting some variations. Of necessity, given the immense literature on the topic, this is presented at a high level of generality, abstracting over many local disagreements. The model and its variations provide the main set of foils for the scientifically grounded accounts to be discussed in later chapters, which are then briefly previewed. The remaining sections of the chapter go on to explain and quickly motivate three major assumptions that are taken for granted throughout the remainder of the book (and also by many philosophers and almost all cognitive scientists, it should be said): realism, physicalism, and representationalism.
Descartes features heavily in ecocritical literature. He is often said to dismiss the non-human world as irrelevant and inanimate, and to espouse a harmfully instrumental attitude towards it. This Element goes into detail on the standard picture in circulation, while also outlining an alternative approach that it terms 'ecohistorical'. It aims to offer insights into the seventeenth-century context; and to explain in clear terms what Descartes said, what problems emerge with his account, and why a more precise understanding of these problems can be useful today. Reconsidering Descartes in this light involves extending prior arguments about his treatment of animals to a study of the natural world in general. Early modern narratives about the world's living networks are complex and interesting. When locally salient artefacts, attitudes, ideas, and vocabulary are highlighted, a more nuanced picture emerges, changing the relevance of Descartes for environmental thinking.
Is Christ hypostatically united to his human nature during Holy Saturday? If so, how, given that he is (in effect) an object whose parts are in different ‘places’? In this article, I argue that God the Son does indeed remain hypostatically united to his human nature during Holy Saturday and that this is salvifically salient. One way to construe this ongoing union through somatic death is by means of the analogy of a ‘dead limb’ – Christ’s human body being that limb. I set out several ways of making sense of this claim consistent with a broadly orthodox account of the hypostatic union as a contribution to the theology of Holy Saturday and the intermediate state more broadly.
Monotheism, belief in only one God, and wisdom, learning to cope by reason alone and teaching others to do so, faced resistance in the polytheistic world of ancient Egypt, Mesopotamia, and lesser states including Israel. Paradoxically, in early biblical wisdom (Proverbs, Job, and Ecclesiastes) the deity was thought to be both human-like, with disturbing attributes, and increasingly transcendent-silent, disembodied, and inactive. Like Egyptian Ma'at, God the creator established the universe by decree, a law rewarding goodness and punishing evil, the flaw in creation, never satisfactorily resolved. Satan, a semi-divine rival, bore responsibility for bad things, while Wisdom, a personified female, communicated God's will to the discerning. Combining biblical revelation and Hellenism, Sirach and Wisdom of Solomon chose piety over Job's realism and the vanity literature of Ecclesiastes. Over millennia, the concept of God evolved, continuing a process begun in Paleolithic times.
A defeater is, very broadly, a consideration that reduces or completely takes away justification from a subject’s belief about a certain proposition. According to a widely endorsed view, justifiers and defeaters require evidential support. However, a number of philosophers argue that unjustified beliefs can serve as defeaters as well. Call the former type of defeater an ‘evidential defeater’ and the latter a ‘doxastic defeater’. Doxastic defeaters are highly controversial. First of all, they seem to be flatly incompatible with evidentialism. Moreover and more alarmingly, if we accept that unjustified beliefs can be defeaters, we have to accept that unjustified beliefs can serve as justifiers as well. A further unwelcome implication is that epistemically irresponsible subjects could immunise themselves from defeat by generating their own defeater-defeaters. Problems like these have led philosophers to reject doxastic defeaters altogether. This paper argues that doxastic defeaters are intelligible given a dualistic conception of rationality.
This chapter highlights two distinct perspectives – international and domestic – on the judicial application of the Convention on the Rights of the Child (the Convention). The international perspective is framed by reference to article 4 of the Convention and the maximalist approach taken by the Committee on the Rights of the Child. The domestic perspective is conceptualised by reference to the direct and indirect application of the Convention as permitted by the reception rules in monist, dualist, and hybrid legal systems. The chapter argues that the international and domestic perspectives on the judicial application of the Convention differ on account of the different institutional positions of the bodies that control them (the Committee vs the domestic courts). The maximalist international position promoted by the Committee is often unavailable to the domestic courts, although it may be a potential inspiration to them. Canvassing these distinct perspectives provides the context for a better understanding of the limitations in the domestic courts’ engagement with the Convention, detailed in the subsequent chapters.
This important contribution to children's rights scholarship brings fresh eyes to the complicated relationship between domestic law and international law in the practice of domestic courts. Through a critical assessment of the judicial application of the Convention on the Rights of the Child in four jurisdictions (Australia, France, South Africa and the United Kingdom), the book demonstrates that the traditional rules of reception remain an essential starting point in understanding how national courts apply the Convention but are unable to explain all forms of judicial engagement therewith. The book shows that regardless of the legal system (monist, dualist, hybrid), courts can apply the Convention meaningfully especially when the domestic structure of reception converges with it. The comparative international law perspective used in the book and the heterogenous sample of jurisdictions analysed enabled the author to distil insights valid for other jurisdictions.
Dualism holds that experiences and physical states are distinct in that neither sort of state is identical with or grounded in the other. Cognitive phenomenal realism holds that cognitive experiences are irreducible to sensory experiences. While dualism and cognitive phenomenal realism are logically orthogonal and usually discussed separately, I argue that dualism’s plausibility is sensitive to whether cognitive phenomenal realism is true. In particular, I argue that if cognitive phenomenal realism is true, then it bolsters the case for dualism via a cognitive knowledge argument that has several advantages over the standard sensory knowledge argument.
Kemp refuses to distinguish philosophical dualism from the sociological analytical dualism of the M/M approach where two entities can be interdependent but are not inseperable. This makes him a Central Conflationist
This chapter critically reviews dualism, as developed by Heinrich Triepel, and monism, mainly formulated by Hans Kelsen. It argues that these theories can no longer comprehensively explain the relationship between international and EU or EU and national law and that, due to their emergence almost a century ago, these theories must be understood in their historical context. Historically, dualism was progress as the separation of international and national law helped international law become independent. Thus, dualism liberated international law from being understood as “external State law,” and was even referred to as a “cleansing thunderstorm” by the monist Alfred Verdross. The main characteristic of monism is the assumption of a single unified legal system. Kelsenian monism must face the criticism of having a highly fictitious understanding of the world: nothing less than the “unity of the legal world order” is proclaimed. To depict the most important assumptions of Kelsenian monism, this chapter looks into the Kelsenian adherence to neo-Kantian epistemology, and shows that this understanding refers to a very specific philosophical position, which has been rightly criticized by many philosophers.
This chapter holds that the CJEU follows two diametrically diverging doctrines regarding the relationship between international and EU, as well as EU and Member State law. From a theoretical perspective this is inconceivable. One and the same organization cannot follow two different approaches. However, from a pragmatic perspective, this chapter acknowledges that this Janus face of the CJEU is quite understandable. Autonomy understood as monism, on the one hand, is an expression of legal unity, which is absolutely necessary for the EU to safeguard its integration process. On the other hand, autonomy expressed as dualism helps to secure the stability of this integration process by separating the EU legal order from far-reaching international influences. However, at the same time, autonomy cannot provide for an adequate replacement of monism and dualism.
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.