Coercion and the Nature of Law

2020 ◽  
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Conceptual Analysis ◽  
Existence Condition ◽  
Necessary Condition ◽  
First Order ◽  
Normative System ◽  
Motivating Reasons

COERCION AND THE NATURE OF LAW argues that it is a conceptually necessary condition for something to count as a system of law according to our conceptual practices that it authorizes the imposition of coercive sanctions for violations of some mandatory norms governing non-official behavior (the Coercion Thesis). The book begins with an explication of the modest approach to conceptual analysis that is deployed throughout. The remainder of the book is concerned to show that an institutional normative system is not reasonably contrived to do anything that law must be able to do for us to make sense of why we adopt systems of law to regulate non-official behavior unless we assume that mandatory norms governing that behavior are backed by the threat of a sovereign; an institutional normative system that satisfies every other plausible existence condition for law is not reasonably contrived to give rise to either objective or subjective first-order motivating reasons to comply with mandatory norms governing non-official behavior unless they are backed by the threat of a coercive sanction. Law’s presumed conceptual normativity can be explained only by the Coercion Thesis.

scholarly journals Conceptual Analysis and Empirical Observations of Animal Minds

Philosophia ◽  
2021 ◽  
Author(s):  
Ricardo Parellada
Keyword(s):  
Conceptual Analysis ◽  
Animal Cognition ◽  
Sufficient Conditions ◽  
Second Order ◽  
Alarm Calls ◽  
Vervet Monkeys ◽  
Animal Minds ◽  
First Order

AbstractThe relation between conceptual analysis and empirical observations when ascribing or denying concepts and beliefs to non-human animals is not straightforward. In order to reflect on this relation, I focus on two theoretical proposals (Davidson’s and Allen’s) and one empirical case (vervet monkeys’ alarm calls), the three of which are permanently discussed and considered in the literature on animal cognition. First, I review briefly Davidson’s arguments for denying thought to non-linguistic animals. Second, I review Allen’s criteria for ascribing concepts to creatures capable of correcting their discriminatory powers by taking into account their previous errors. Allen affirms that this is an empirical proposal which offers good reasons, but not necessary or sufficient conditions, for concept attribution. Against Allen, I argue that his important proposal is not an empirical, but a conceptual one. Third, I resort to vervet monkeys to show that Allen’s criteria, and not Davidson’s, are very relevant for ascribing first-order and denying second-order beliefs to this species and thus make sense of the idea of animal cognition.

A Difference Method for Plane Problems in Magnetoelastodynamics

1972 ◽  
Vol 39 (3) ◽  
pp. 689-695 ◽  
Author(s):  
W. W. Recker
Keyword(s):  
Partial Differential Equations ◽  
Differential Equations ◽  
Numerical Method ◽  
Difference Method ◽  
Necessary Condition ◽  
Two Dimensional ◽  
Symmetric Hyperbolic System ◽  
Von Neumann ◽  
First Order ◽  
Independent Variables

The two-dimensional equations of magnetoelastodynamics are considered as a symmetric hyperbolic system of linear first-order partial-differential equations in three independent variables. The characteristic properties of the system are determined and a numerical method for obtaining the solution to mixed initial and boundary-value problems in plane magnetoelastodynamics is presented. Results on the von Neumann necessary condition are presented. Application of the method to a problem which has a known solution provides further numerical evidence of the convergence and stability of the method.

scholarly journals A gradient technique for an optimal control problem governed by a system of nonlinear first order partial differential equations

1995 ◽  
Vol 36 (3) ◽  
pp. 261-273 ◽  
Author(s):  
Mohammad A. Kazemi
Keyword(s):  
Optimal Control ◽  
Partial Differential Equations ◽  
Differential Equations ◽  
Optimal Control Problems ◽  
Fréchet Derivative ◽  
Necessary Condition ◽  
Control Problems ◽  
Partial Differential ◽  
Frechet Derivative ◽  
First Order

AbstractIn this paper a class of optimal control problems with distributed parameters is considered. The governing equations are nonlinear first order partial differential equations that arise in the study of heterogeneous reactors and control of chemical processes. The main focus of the present paper is the mathematical theory underlying the algorithm. A conditional gradient method is used to devise an algorithm for solving such optimal control problems. A formula for the Fréchet derivative of the objective function is obtained, and its properties are studied. A necessary condition for optimality in terms of the Fréchet derivative is presented, and then it is shown that any accumulation point of the sequence of admissible controls generated by the algorithm satisfies this necessary condition for optimality.

What Law Must Be Able to Do: The Coercion Thesis and the Need to Keep the Peace

2020 ◽  
pp. 73-98
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Second Step ◽  
Necessary Condition ◽  
Normative System ◽  
Material Scarcity ◽  
Competent Self

Chapter 4 begins the second step of the modest analysis undertaken in this volume with an argument grounded in a claim about the function something must be able to perform to be properly characterized as a system of law. It argues that it is a conceptually necessary condition for something to count as a system of law that it is reasonably contrived to keep the peace among rationally competent self-interested subjects like us in worlds of acute material scarcity like ours by regulating behavior through the governance of norms metaphysically capable of guiding behavior. But the only way that an institutional normative system could be reasonably contrived to do this is by backing some mandatory norms prohibiting assaults on persons and property with the threat of a coercive sanction.

scholarly journals The challenge of transformation: Breaking the barriers

2003 ◽  
Vol 34 (3) ◽  
pp. 1-8 ◽  
Author(s):  
W. P. Esterhuyse
Keyword(s):  
South Africa ◽  
Conceptual Analysis ◽  
Second Order ◽  
First Order ◽  
Order Change ◽  
Second Order Change

One of the most commonly used concepts in post-apartheid South Africa is undoubtedly the concept ‘transformation’. In order to strip this concept of its ‘bewitchments’ (Nietzsche; Wittgenstein) a conceptual analysis is made of the meaning and usage of the term. In view of the distinction between first order change and second order change, the need for transformation (ethical and strategic), the resistance against transformation (systemic and individual) and the execution and management of transformation is discussed.

FEEDBACK LOOPS, STABILITY AND MULTISTATIONARITY IN DYNAMICAL SYSTEMS

1995 ◽  
Vol 03 (02) ◽  
pp. 409-413 ◽  
Author(s):  
ERIK PLAHTE ◽  
THOMAS MESTL ◽  
STIG W. OMHOLT
Keyword(s):  
Dynamical Systems ◽  
Nonlinear Systems ◽  
Negative Feedback ◽  
Feedback Loop ◽  
Feedback Loops ◽  
Necessary Condition ◽  
Negative Feedback Loop ◽  
Positive Feedback Loop ◽  
First Order ◽  
First Order Differential Equations

By fairly simple considerations of stability and multistationarity in nonlinear systems of first order differential equations it is shown that under quite mild restrictions a negative feedback loop is a necessary condition for stability, and that a positive feedback loop is a necessary condition for multistationarity.

A comparative study of two-phase flow models relevant to bubble column dynamics

1999 ◽  
Vol 394 ◽  
pp. 73-96 ◽  
Author(s):  
P. D. MINEV ◽  
U. LANGE ◽  
K. NANDAKUMAR
Keyword(s):  
Bubble Column ◽  
Bubbly Flows ◽  
Necessary Condition ◽  
Qualitative Behaviour ◽  
Two Phase ◽  
Weakly Nonlinear ◽  
Flow Models ◽  
First Order ◽  
Column Dynamics ◽  
Permanent Wave

Multiphase flow modelling is still a major challenge in fluid dynamics and, although many different models have been derived, there is no clear evidence of their relevance to certain flow situations. That is particularly valid for bubbly flows, because most of the studies have considered the case of fluidized beds. In the present study we give a general formulation to five existing models and study their relevance to bubbly flows. The results of the linear analysis of those models clearly show that only two of them are applicable to that case. They both show a very similar qualitative linear stability behaviour. In the subsequent asymptotic analysis we derive an equation hierarchy which describes the weakly nonlinear stability of the models. Their qualitative behaviour up to first order with respect to the small parameter is again identical. A permanent-wave solution of the first two equations of the hierarchy is found. It is shown, however, that the permanent-wave (soliton) solution is very unlikely to occur for the most common case of gas bubbles in water. The reason is that the weakly nonlinear equations are unstable due to the low magnitude of the bulk modulus of elasticity. Physically relevant stabilization can eventually be achieved using some available experimental data. Finally, a necessary condition for existence of a fully nonlinear soliton is derived.

Order of justice in queues of emerging markets

2020 ◽  
Vol 37 (6) ◽  
pp. 605-616
Author(s):  
Swagato Chatterjee
Keyword(s):  
Social Justice ◽  
Emerging Markets ◽  
Service Provider ◽  
Emerging Market ◽  
Social Systems ◽  
Service Evaluation ◽  
Necessary Condition ◽  
Content Type ◽  
Extant Literature ◽  
First Order

Purpose Extant literature on queuing has identified service queues as social systems where social justice is an important factor for service evaluation. First-order justice, defined as a first-come first-served (FCFS) process, has been found to be a necessary condition of social justice and positive evaluation. Second-order justice, defined as equal waiting time, has been found to be an additional factor which comes into play only when first-order justice is met. This paper aims to show that in the emerging market situation, the above definitions of justice and the order mentioned above does not work. Design/methodology/approach Instead of equal wait, the study has focused on equitable wait, i.e. waiting duration is in sync with the service needs. Three experiments have been performed to establish the hypotheses suggested. Findings FCFS is found not to be the necessary condition as it was in the extant literature and can be relaxed sometimes to get higher service evaluation by ensuring justice from the equitable wait. The study also portrays the interaction effects of the two types of social justice on service evaluation. Moreover, the impact of justice from equitable wait on service evaluations is found to be moderated by perceived personal connect of the service provider and the consumer, perceived importance of system and process and perceived ability of the service provider of capacity improvement and mediated by perceived control of service provider on providing the justice of equitable wait. Research limitations/implications The study contributes toward the understanding of social justice in service queues. It also contributes to the literature of attribution theory and consumer betrayal. Practical implications The study provides suggestions to retail managers in emerging markets to choose queue management strategies depending on the size of the retail shops and consumers’ expectations from them. Originality/value The study introduces the concept of justice from the equitable wait, which is original in the queuing literature to the best of the author’s knowledge. The study also finds a new order of justice in the emerging market scenario.

Linearization and Boundary Trajectories of Nonsmooth Control Systems

1988 ◽  
Vol 40 (3) ◽  
pp. 589-609 ◽  
Author(s):  
H. Frankowska ◽  
B. Kaśkosz
Keyword(s):  
Control System ◽  
Control Systems ◽  
Differential Inclusions ◽  
Necessary Condition ◽  
Time Interval ◽  
Control Pair ◽  
Smooth Control ◽  
First Order ◽  
Image Position ◽  
Nonsmooth Control Systems

This paper deals with boundary trajectories of non-smooth control systems and differential inclusions.Consider a control system(1.1)and denote by R(t) its reachable set at time t. Let (z, u*) be a trajectory-control pair. If for every t from the time interval [0, 1], z(t) lies on the boundary of R(t) then z is called a boundary trajectory. It is known that for systems with Lipschitzian in x right-hand side, z is a boundary trajectory if and only if z(1) belongs to the boundary of the set R(1). If z is not a boundary trajectory, that is, z(1) ∊ Int R(1) then the system is said to be locally controllable around z at time 1.A first-order necessary condition for boundary trajectories of smooth systems comes from the Pontriagin maximum principle, (see e.g. [12]).

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