Jonathan Simon

I argue that there can be no such thing as a borderline case of the predicate ‘phenomenally conscious’: for any given creature at any given time, it cannot be vague whether that creature is phenomenally conscious at that time. I first defend the Positive Characterization Thesis, which says that for any borderline case of any predicate there is a positive characterization of that case that can show any sufficiently competent speaker what makes it a borderline case. I then appeal to the familiar claim that zombies are conceivable, and I argue that this claim entails that there can be no positive characterizations of borderline cases of ‘phenomenally conscious’. By the Positive Characterization Thesis, it follows that ‘phenomenally conscious’ can not have any borderline cases.

Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction in its own right. Its construal must therefore be more restrictive than many commentators have suggested, though not so strict as to preclude all but persecuted persons. Then argues that, as a case study, those who are displaced from their island nations because those nations have submerged beneath the sea will count as 'unable to return' in the relevant sense, and so will qualify for Convention refugee status, if they count as lacking a nationality, i.e. as stateless.