To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Risk regulation has increasingly expanded in European digital policy, yet it is diverging from its roots, especially the precautionary principle. Rather than traditionally focusing on scientific evidence and knowledge, the European approach to risk regulation has been increasingly based on constitutional values such as the protection of fundamental rights and democracy. This article seeks to unravel the logic that has led the Union to move from an approach to risk more based on science to a model which considers constitutional values as parameters to assess and mitigate risks. By focusing on European digital regulation, primarily the GDPR, the DSA and the AI Act, this work underlines how the constitutional rationale of this transformation comes as a response to the intangibility of risks resulting from digital technologies and to imbalances of information and knowledge coming from the concentration of private power in the digital ecosystem. The primary argument is that risk regulation in European digital policy does not seek to rationalise uncertainty through science but to govern epistemological uncertainty through the instruments of constitutionalism, with the goal of addressing the impact of digital technologies on fundamental rights and imbalances of power.
In August 1989, on the occasion of the bicentennial of the French Revolution, Le Monde published an interview with Margaret Thatcher, then Prime Minister of the United Kingdom. In that interview Thatcher, in France at the time as an honored guest of French President François Mitterrand, asserted that claims that the notion of subjective rights originated with the French Revolution, and specifically with the Declaration of the Rights of Man and of the Citizen of August 1789, are nonsense. The socialist French Prime Minister Michel Rocard criticized Thatcher vocally, and her arrival at the bicentennial celebrations was met with jeers, yet many historians today would agree with her, whatever their preferred origin point(s) for a concept of subjective rights. What is more controversial is Thatcher’s alternative account of the origins of the notion of subjective rights: to her, they had been invented by the Greeks, and were already foundational to Athenian democracy.
In a new era of regulatory oversight, the US Supreme Court upended traditional Chevron deference to agency interpretations of ambiguous Congressional provisions in Loper in June 2024. Federal courts were instructed to make their own assessments of statutory authorities amid an onslaught of public health agency challenges surfacing nationally. Even so, SCOTUS may be eyeing further limits on agency powers despite clear and substantial repercussions for the health of the nation.
Discussions of George Berkeley often dismiss his Notebooks remarks that (1) bodies are powers that cause perceivers to have thoughts, and (2) bodies exist even when they are not perceived. I have previously noted these claims but have not explained how bodies are infinitely linked as thoughts (vs. ideas), and Melissa Frankel treats bodies as archetypes perceived individually by God but does not explain how they are individuated. I argue that because bodies identify objects only for finite minds, they are derivative powers by which individuated objects are related to one another infinitely.
Teleology is about functions, ends, and goals in nature. This Element offers a philosophical examination of these phenomena and aims to reinstate teleology as a core part of the metaphysics of science. It starts with a critical analysis of three theories of function and argues that functions ultimately depend on goals. A metaphysical investigation of goal-directedness is then undertaken. After arguing against reductive approaches to goal-directedness, the Element develops a new theory which grounds many cases of goal-directedness in the metaphysics of powers. According to this theory, teleological properties are genuine, irreducible features of the world.
The book concludes with situating the EAEU legal order within the indicia developed in Chapter 1 demonstrating whether and how these are fulfilled for the autonomous legal order to emerge. There are certainly some manifestations thereof, such as the Court’s move to recognize and incorporate the discourse of major doctrines relevant for legal order autonomy. Nevertheless, it has troubles demonstrating some of the indicia, and the power struggle between the Member States and EAEU institutions has resulted in limitations, particularly running the risk of misapplication of Union law and fragmentation of the legal system, as well as endangering the ability of the legal order for self-maintenance. While this leads to ‘fragile autonomy’, there are embedded premises, which can help in overcoming this, if such a desire prevails. The book spells out some concrete ways to do so.
In this original study of the Eurasian Economic Union, Maksim Karliuk assesses the law and dynamics of functioning of this international organization. Examining the Eurasian Economic Union as an attempt to encourage post-Soviet integration, this book addresses the problematic legal issues of the integration process. Using the legal order autonomy framework, Karliuk carefully selects and organizes the topics included to offer readers a clear, systematic account of the most significant concerns. As well as considering theoretical issues, Karliuk engages with practical solutions to the problems identified. Besides merely outlining the present, this book develops a framework to address gaps and failures in current integration efforts and encourages further research into the complexities of Eurasian integration in the future.
What accounts for the fact that some physical events occur while others do not? This is a question of physical modality. Three models in contemporary analytic metaphysics have dominated the investigation of physical modality: the Neo-Humean Model, the Universals Model, and the Powers Model. Each model aims to explain, in ontologically conspicuous ways, the unfolding of possibilities in space and time. This chapter explains the Neo-Humean and Universals Models, then shows that while they explicitly deny a place for powers in their fundamental ontologies, they nonetheless implicate powers. That is, they subtly assume the reality of powers. As a result, the Powers Model is the way to go in explaining physical modality. However, there are different ways of conceiving powers. After describing variations of the Powers Model, the chapter returns to the main question posed in the introductory chapter: What is the nature of powers from the inside? Stricter attention to the internality of powers is necessary to better understand the Powers Model and its metaphysical commitments.
This chapter introduces the two main questions that this book attempts to answer. First: Why powers? Second: What are powers like? It also discusses the overlap between metaphysics and science, some differences between powers and qualities, the relationship between properties and substances, how we can know powers, and different types of powers isms. The chapter then distinguishes between networking and nodal accounts of powers before previewing the central idea of the book: the 3d account of powers (a nodal account), which combines two core theses. The first is the Physical Intentionality Thesis, which concerns the fact of physical intentionality: that the power is directed toward manifestations. The second is the Informational Thesis, which concerns the content of physical intentionality: what the power is for or directed toward. Lastly, a roadmap for the rest of the book is provided.
This chapter explores possible differences between powerful qualities and pure powers, argues for the Pure Powers Model, and discusses the problem of being for pure powers. It is argued that powerful qualities are modally indistinguishable from pure powers but have a denser nature. Since pure powers are ontologically simpler than powerful qualities yet equally explanatorily relevant to modality, we should reject powerful qualities. After rejecting the Powerful Qualities Model, the reality of pure powers is defended. If pure powers are to provide a stable basis for physical modality, the problem of their being or grounding during periods of nonmanifestation needs resolution. It is argued that pure powers are self-grounded. A regress argument advanced by Stathis Psillos, which challenges the self-grounding of pure powers, is deflected. Lastly, Point Theory is developed to explain the self-grounding of pure powers.
Why does anything happen? What is the best account of natural necessity? In this book, William A. Bauer presents and defends a comprehensive account of the internal structure of causal powers that incorporates physical intentionality and information. Bauer explores new lines of thought concerning the theory of pure powers (powerful properties devoid of any qualitative nature), the place of mind in the physical world, and the role of information in explaining fundamental processes. He raises probing questions about physical modality and fundamental properties, and explores the possibility that physical reality and the mind are unified through intentionality. His book will be valuable for researchers and students working in metaphysics, philosophy of science, and philosophy of mind.
This chapter analyses the path leading the Union to shift from a liberal approach to a democratic constitutional strategy to address the consolidation of platforms powers. This chapter aims to explain the reasons for this paradigmatic shift looking at content and data as the two paradigmatic areas to examine the rise of a new phase of European digital constitutionalism. This chapter focuses on three phases: digital liberalism, judicial activism and digital constitutionalism. The first part of this chapter frames the first steps taken by the Union in the phase of digital liberalism at the end of the last century. The second part analyses the role of judicial activism in moving the attention from fundamental freedoms to fundamental rights online in the aftermath of the adoption of the Lisbon Treaty. The third part examines the shift in the approach of the Union towards a constitutional democratic strategy and the consolidation of European digital constitutionalism.
International organizations perform activities in areas in which states can no longer operate effectively in isolation, and in which there is a common interest in cooperation within a permanent international framework. This chapter will examine international organizations primarily from a legal perspective. The chapter aims to present a general overview of the law of international organizations. It discusses the legal status, privileges, and immunities of international organizations. The chapter further deals with membership issues, powers, and institutional structures. The chapter also looks at decisions of international organizations: the way in which they are taken and the different types of decisions. The chapter will briefly examine the finances of international organizations. There has been an exponential increase in activities of international organizations over the years. Not all of these activities have been successful, however, and there have been failures and wrongdoings. In recent years, a much-debated issue is the extent to which international organizations and/or their members may be held responsible for such failures and wrongdoings.
International organizations perform activities in areas in which states can no longer operate effectively in isolation, and in which there is a common interest in cooperation within a permanent international framework. This chapter will examine international organizations primarily from a legal perspective. The chapter aims to present a general overview of the law of international organizations. It discusses the legal status, privileges, and immunities of international organizations. The chapter further deals with membership issues, powers, and institutional structures. The chapter also looks at decisions of international organizations: the way in which they are taken and the different types of decisions. The chapter will briefly examine the finances of international organizations. There has been an exponential increase in activities of international organizations over the years. Not all of these activities have been successful, however, and there have been failures and wrongdoings. In recent years, a much-debated issue is the extent to which international organizations and/or their members may be held responsible for such failures and wrongdoings.
One classical version of cosmological argument, defended famously by Thomas Aquinas and Duns Scotus, deduces the existence of a First Cause from the existence of a particular sort of causal series: one that is ‘essentially ordered’. This argument has received renewed defence in recent work by Feser (2013), Cohoe (2013), and Kerr (2015). I agree with these philosophers that the argument is sound. I believe, however, that the standard defence given of the ECA in these philosophers can be complemented by a formulation that appeals to the powers theory of possibility. This approach to possibility has been defended in recent years by, for example, Pruss (2002), Jacobs (2010), and Vetter (2015). In this article, I show how this modal theory allows us to defend the ECA in a way that is dialectically advantageous as well as clarifying.
Many powers-realists assume that the powers of objects are identical with the dispositions of objects and, hence, that ‘power’ and ‘disposition’ are interchangeable. In this article, I aim to disentangle dispositions from powers with the goal of getting a better sense of how powers and dispositions relate to one another. I present and defend a modest realism about dispositions built upon a standard strong realism about powers. I argue that each correct disposition-ascription we can make of an object is made true by the manifestations towards which a given power or collection of powers of the object is directed.
This essay considers the implications for the powers metaphysic of the no-successor problem: As there are no successors in the set of real numbers, one state cannot occur just after another in continuous time without there being a gap between the two. I show how the no-successor problem sets challenges for various accounts of the manifestation of powers. For powers that give rise to a manifestation that is a new state, the challenge of no-successors is similar to that faced on Bertrand Russell's analysis by causal relations. Powers whose manifestation is a processes and powers that manifest through time (perhaps by giving rise to changing through time) are challenged differently. To avoid powers appearing enigmatic, these challenges should be addressed, and I point to some possible ways this might be achieved. A prerequisite for addressing these challenges is a careful focus on the nature and timing of the manifesting and manifestation of powers.
In this chapter, I consider whether we can solve the problem of negative action by insisting that intentional omissions, refrainments, and the like aren’t really actions at all, but ‘mere manifestations of agency’. I argue that the distinction between actions and mere manifestations of agency is more difficult to draw than it may appear, and that drawing such a distinction requires us to abandon plausible claims about the relations between powers and their manifestations, and between intentional behaviour and practical reasons. We must find some other solution to the problem.