When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...) play a direct role in defining rights to use physical or financial resources free from substantial interference. Businesspeople must obey these laws even at the cost of allowing their businesses to fail and even when the acts proscribed are mala prohibita. This argument for obeying the law in competitive contexts has limited scope. Considerations of fairness or self-preservation may justify violating laws of other types under competitive pressure. (shrink)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

This paper offers one formal reason why it may often be inappropriate to hold, of two conflicting desires, that the first must be weaker than, stronger than, or of the same strength as the second. The explanation of this fact does not rely on vagueness or epistemological problems in determining the strengths of desires. Nor does it make use of the problematic notion of incommensurability. Rather, the suggestion is that the motivational capacities of many desires might best be characterized by (...) two values, neither of which should be interpreted as strength. (shrink)

In this paper, domain-specificity is presented as an understudied problem in chemical education. This argument is unpacked by drawing from two bodies of literature: learning of science and epistemology of science, both themes that have cognitive as well as philosophical undertones. The wider context is students’ engagement in scientific inquiry, an important goal for science education and one that has not been well executed in everyday classrooms. The focus on science learning illustrates the role of domain specificity in scientific reasoning. (...) The discussion on epistemology of science presents ideas from the emerging field of philosophy of chemistry to highlight the much neglected area of epistemology in chemical education. Domain-specificity is exemplified in the context of chemical laws, in particular the Periodic Law. The applications of the discussion for chemical education are explored in relation to argumentation, itself an epistemologically grounded discourse pattern in science. The overall implications include the need for reconceptualization of the nature of teaching and learning in chemistry to include more particular epistemological aspects of chemistry. (shrink)

Technological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement officers. However, it can also bypass legislators and courts and minimize any room for civil disobedience. This significantly reduces the options to challenge legal rules. This, in turn, can impede the development of legal systems. In this paper, an analogy is made with evolutionary biology to illustrate (...) that the possibility to deviate from legal rules and existing norms is sometimes necessary for the further development of legal systems. Some room to break the law, for instance, through civil disobedience or imperfect enforcement of the law, will ensure sufficient variation. This allows for properly evolving legal systems that can continue to provide fair solutions, even when society and concepts of fairness further develop. (shrink)

What happens when being a good doctor requires being a bad citizen? What should a doctor do when living up to the requirements of a professional code of ethics or staying true to deeply held personal values requires breaking the law? What should a health care professional do when the appropriate conduct in a particular case is inconsistent with a more generalized principle that has been incorporated into law? Further, what is the role of the ethical health lawyer who (...) advises a health care provider facing such a dilemma?As health care lawyers advising individuals and institutions, is it our job to advise our clients of all the options available to them, and all the potential legal consequences, or is our role simply to keep our clients acting within the law? Are we information providers, policy counselors, risk managers, or some combination of these? (shrink)

Can I be free to perform an action if God has decided to ensure that I do not choose that action? I show that Molinists and simple foreknowledge theorists are committed to answering in the affirmative. This is problematic for their status as theological incompatibilists. I suggest that strategies for preserving their theological incompatibilism in light of this result should be based on sourcehood. However, the path is not easy here either, since Leibniz has shown how theological determinists can offer (...) an extremely robust form of sourcehood. Proponents of these views must identify a valuable form of sourcehood their theories allow that Leibniz’s theory doesn’t. (shrink)

Strikingly, theorizing about digital technologies has led us to recognize many habitual subjects of research as figures against fields that are also worthy of study. Communication, for example, becomes visible only against the field of silence. Silence is critically important for the construction of reality – and the social construction of reality has a complement, the also necessary contemplative construction of reality. Silence is so sensitive and fragile that an inability to achieve it, or to get rid of it, or (...) to correct the wrong kind of silence often provides early indicators of individual, group, communal, and society-wide stresses from information technologies. Indeed, we might treat difficulties with silence as miners treated canaries in coal mines, as early warning signals. The story has already been told that nightingales in London now have to sing so loudly in order to be heard above the ambient noise that the birds are in danger of breaking the noise ordinance law. Surely something has gone awry if nightingales break the law when they sing. Finding ways to protect silence as an arena of personal and social choice is a particularly poignant, evocative, and instructive ethical and policy horizon at this frontier moment for the human species. This article introduces the theory of the contemplative construction of reality, explores what the study of silence tells us about reality construction processes, and outlines a research agenda. (shrink)

Do citizens of liberal democratic states have a moral right to engage in civil disobedience? Famously, Joseph Raz argued that they do not. In this article, I defend his argument against some recent challenges, but show how it is tied to a particular model of civil disobedience. On this model, the purpose of civil disobedience is to protest and prevent particularly egregious violations of justice. A moral right to civil disobedience can be grounded on a different model, where the function (...) of civil disobedience is to identify and counterbalance democratic deficits. Against the widespread tendency amongst theorists of civil disobedience to want to defend civil disobedience as the exercise of a moral right, however, I do not then argue for the adoption of the democratic model. Whilst I acknowledge the reasons behind wanting a rights-based defence, and concede that different kinds of civil disobedience might have to be defended on different grounds, I sound a note of caution. The meta-theoretical relation between moral grounds and political function uncovered in this article works both ways. It should make theorists more mindful of the self-understanding to which a rights-based moral defence of civil disobedience commits protesters. (shrink)

This paper offers some resources for the development of moral sensitivity in law schools and law firms. It does so, first, on the basis of a picture of legal life, which draws on the embodied-connectionist strand in cognitive science. Legal life requires role-differentiated behaviour, and immersion in these roles, and associated tasks, has the consequence that persons are oriented to notice only certain things rather than others (where those things will sometimes be morally relevant things to notice). Further, the lawyer-client (...) relationship is one characterised by the exercise of dominance, control and manipulation (by the lawyer) of a client dependent on the exercise of the lawyer's expertise. Moral education in law schools and law firms must help alleviate the problematic effects of these features of legal life on the moral sensitivity of persons. It can do so by the education of attention and encounter. Both terms are discussed and, by drawing on the Beyond Text in Legal Education project at the University of Edinburgh, associated pedagogical activities are described. Finally, the activities proposed, and their policy implications, are considered by reference to the wider concerns of both tertiary and professional legal education. (shrink)

Title 18 §2103 of the Pennsylvania Consolidated Statutes forbids me from insulting the Pennsylvania flag. Title 42 §5552 forbids Pennsylvania’s prosecutors from holding me accountable now for insul...

The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about (...) the role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with _The Wisdom of the World_—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. _The Law of God_ offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, _New York__ Sun_ __ “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—_Times Higher Education Supplement_. (shrink)

Why is it that the laws of war, or international humanitarian law (IHL), allow no justification for breaking the law even if where such conduct would actually produce less humanitarian harm than following the law? In introducing the concept of a humanitarian necessity justification, and complementing existing work on humanitarian exceptions to the jus ad bellum, this paper suggests that it should. It first addresses the puzzle of IHL's existing absolutist stance with regard to compliance with IHL norms; to (...) demonstrate the implications of this absolutist stance, I use three historical case studies in which actors broke the law under a claim of necessity, or a mixed concern for self and others: The Early Warning Procedure employed by the IDF in the West Bank, the paradigmatic case of interrogational torture, and the atomic bombings of Hiroshima and Nagasaki. I then examine whether the domestic necessity defense in criminal law might be transposed onto the international level, ultimately finding that such transposition is impossible given the different assumptions that operate in domestic criminal law and IHL. In further searching for an account for IHL's absolutist stance and the possibility of mitigating that stance, the paper turns to first-order accounts - deontological, consequential, and institutional. I argue that none of these accounts offers a sufficiently convincing explanation for the exclusion of a humanitarian necessity paradigm, and instead, that room should be made for some humanitarian-driven exceptions. Ultimately, the paper offers a blueprint for a definition for a humanitarian necessity justification that would exculpate an actor who violated the laws of war in the name of a greater humanitarian good. The central component of the definition is a requirement that the greater humanitarian good would be for the benefit of the enemy, rather than for oneself. Under such paradigm, the Early Warning Procedure and perhaps even the atomic bombing of Hiroshima (but not Nagasaki) might be justified, while the paradigmatic case of interrogational torture could not. (shrink)

Humeans are often accused of positing laws which fail to explain or are involved in explanatory circularity. Here, I will argue that these arguments are confused, but not because of anything to do with Humeanism: rather, they rest on false assumptions about causal explanation. I’ll show how these arguments can be neatly sidestepped if one takes on two plausible commitments which are motivated independently of Humeanism: first, that laws don’t directly feature in scientific explanation and second, the view that explanation (...) is contrastive. After outlining and motivating these views, I show how they bear on explanation-based arguments against Humeanism. (shrink)

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater (...) number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

There exist several phenomena breaking the classical probability laws. The systems related to such phenomena are context-dependent, so that they are adaptive to other systems. In this paper, we present a new mathematical formalism to compute the joint probability distribution for two event-systems by using concepts of the adaptive dynamics and quantum information theory, e.g., quantum channels and liftings. In physics the basic example of the context-dependent phenomena is the famous double-slit experiment. Recently similar examples have been found in (...) biological and psychological sciences. Our approach is an extension of traditional quantum probability theory, and it is general enough to describe aforementioned contextual phenomena outside of quantum physics. (shrink)

This paper aims to show how elite theories do not offer a better alternative to democracy and to present the idea of a hegemonic majority that, by accounting for greater both individual and collective engagement and responsibility, breaks the exclusivity of elitism. Inspired by Gramsci’s theory, this idea reinforces the construction of the political decision-making process without developing a concept of authority based on an exclusive elite. It focuses on a specific interpretation of the role of the intellectuals as the (...) connection between the civil society and the government, fortifying or even restoring the trust between the individuals and their representatives and thereby strengthening the legitimacy of our democratic systems. (shrink)

Some philosophers of sport have suggested that strategic fouling is acceptable if you pay full compensation. In this paper I will argue that the idea of ‘compensation’ is conceptually inadequate to deal with strategic fouling. Compensation is a legal remedy designed to make the victim of a wrong whole again, i.e. make good the loss or harm they have suffered. But compensation as the analogon between law and games is ill-conceived when applied to strategic fouling. I will suggest another analogon (...) from the law of obligations – restitution – which is more apt to deal with strategic fouling and which shows more clearly why the ‘compensation’ prescribed by the rules often fails to restore the fouled side. (shrink)

Science is at a cross-roads. For several decades, the Standard Model of particle physics has managed to fit vast amounts of particle scattering data remarkably well, but many questions remain. During those decades, some sophisticated theoretical hypotheses such as string theory, quantum gravity, and quantum cosmology have been proposed and studied intensively, in an effort to break the log-jam of the Standard Model. None of those hypotheses have succeeded to date. Of greater concern is the increasing tendency by some practitioners (...) in those fields to downplay the empirical principles of science. In response, this book is a restatement of those principles, covering numerous aspects of observation. A particular focus is on contextuality versus realism, the two fundamentally contrasting ideologies that underpin modern physics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in the (...) Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...) discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

Aristotle’s virtue ethics can teach us about the relationship between our habits and our actions. Throughout his works, Aristotle explains much about how one may develop a virtuous character, and little about how one might change from one character type to another. In recent years criminal law has been concerned with the issue of recidivism and how our system might reform the criminals we return to society more effectively. This paper considers how Aristotle might say a vicious person could change (...) and what a penal system could do to facilitate such a transformation. It discusses how previous attempts to rehabilitate criminals may have failed because they do not address habit in the way that Aristotle advocates. This paper concludes that a rehabilitative model that addresses habit more aggressively than previous methods might be required to soften the hardest criminals. (shrink)

David Ray Griffin does not fully come to terms with the fact that science has already abandoned the narrow materialist view of bits of matter pushing each other around. Even as early as Newton's law of gravitation, and most obviously with quantum physics, science has embraced the view that the world consists of relationships (often described as laws) between different types of processes and states.

The "delegitimation," which is progressing rapidly, was carried forward in December by a Human Rights Watch call on the U.S."to suspend financing to Israel in an amount equivalent to the costs of Israel's spending in support of settlements," and to monitor contributions to Israel from tax-exempt U.S. organizations that violate international law, "including prohibitions against discrimination" -- which would cast a wide net. Amnesty International had already called for an arms embargo on Israel. The legitimation process also took a long (...) step forward in December, when Argentina, Bolivia and Brazil recognized the State of Palestine, bringing the number of supporting nations to more than 100. (shrink)

Biogerontologist Aubrey de Grey has suggested that one of the reasons we as a society invest so little in research on combating aging is because we are in an intellectual trance. We think the effort will be futile: aging is immutable, so why try? A healthy skepticism can be a good thing but it is a major mistake to bet against the irresistible force of inexorable technological progress. Over the next few decades, nanotechnology will come to play a pivotal role (...) in the solution to the problem of human aging. Medical nanorobotics, if it can be made to work, can unquestionably offer convenient solutions to all known causes of age-related damage and most likely can also successfully address any new causes of senescence that remain undiscovered today. (shrink)

Major advances, ground-breaking scholarship, and new programs in public health law over the past several decades have helped define and reform the field. The extent to which public health law is established as a distinct topic for graduate academic study, however, is uncertain. In the early 1990s, the numbers of academics whose work focused largely on public health law were few. Only a handful of schools of law, public health, and medicine regularly offered core courses in public health law. (...) Collectively, these courses laid a strong foundation of instruction in public health law. Still, questions remain as to whether public health law has progressed as a topic of academic pursuit in American graduate institutions. Who is teaching core courses in public health law? Where are these courses taught? How are they designed and what specific topics are covered? (shrink)

Karl Marx entitled his first major work on the theory of capitalism an Introduction to the Critique of Political Economy, not, it should be stressed, An Introduction to … Political Economy. The inclusion of the crucial ‘the critique of provides the key to Marx's break with classical political economy. As much as he respected the contribution of bourgeois writers, especially Ricardo, he did not consider himself a radical member of the political economy school. That the political economy school's most outstanding (...) members focused upon class relations did not save them from an analysis that, in Marx's judgement, was ‘vulgar', in that it focused upon the appearance of phenomena rather than their underlying causes. Political economy focused on relations of exchange, rather than on class relations among human beings. As he wrote famously in an oftquoted letter, for at least a generation before him bourgeois writers had recognised both class divisions in capitalism and that the basis of profit was exploitation; were these the central elements of his work, his contribution would have been trivial. (shrink)

The aim of this paper is to contribute to the development of a political theology that take both God and law as central. Rather than operate abstractly, the paper works closely on passages from Exodus and Genesis that are themselves linked directly to what is at stake in “listening to God”. The transformation of the immediacy of listening to the necessarily mediated response to the law is the move that the passages from the Torah entail. Within that setting, listening breaks (...) the hold of immediacy and thus the possibility of any immediacy of reception. What is opened as a result, the argument continues, is an importantly different hermeneutic register and philosophical anthropology. (shrink)

This paper provides and justifies a broader definition of a ‘law-breaking event’ than that adopted by D. Lewis who identifies this concept with the notion of an event that falsifies the laws of nature in his sense of ‘falsification’. It is pointed out that the broader definition is the key to answering C. Ginet’s objection against local miracle compatibilism. It also allows a neutral reconstruction of one of the disagreements underlying the compatibilism debate about the ability to do otherwise, (...) i.e., the disagreement over nomological possibility of alternative action in a deterministic world. Under this reconstruction, neither the incompatibilist nor the compatibilist can take advantage of the concept of a law-breaking event to show that their opponent’s view is false. (shrink)

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater (...) number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

Given its importance in modern physics, philosophers of science have paid surprisingly little attention to the subject of symmetries and invariances, and they have largely neglected the subtopic of symmetry breaking. I illustrate how the topic of laws and symmetries brings into fruitful interaction technical issues in physics and mathematics with both methodological issues in philosophy of science, such as the status of laws of physics, and metaphysical issues, such as the nature of objectivity.

The essay attempts to shed light on some examples of the relationship between prescriptive and descriptive, norms and facts in comparative law. In particular, it examines: the methodological choices (in the alternative between normative paradigms and open pluralism), the ontology of the law (in the alternative between abstract dogmatism and experiential realism), the act of dividing the global spatiality into different units of legal meaning (in the alternative between neutral observation and constructive projectuality). Capturing the tension between doubt, displacement, rupture (...) (on the one side) and recovery, revision, creative renewal (on the other side) that has marked the genealogy of an “undisciplined discipline”, the Author proposes to assign it for the future a space of _inter-esse_, an interstitial threshold in which every binary opposition can be dynamically resolved. (shrink)

Roman Law is an important legal systematic that contains important codings of world law history. This legal system not only affected Continental Europe, but also the Near East, which was a period under its domination. Especially in the Justinian period, the law collection that emerged as a result of the legal studies starting from the East Roman capital is considered as a monumental work by many historians and jurists. Researchers who praise Corpus Juris Civilis are right. However, this selection, which (...) is one of the most effective law coding, is far from being practical. For this Leo III prepared his law book called Ecloga. Referred to as the first Christian law book, this work was later expanded with some additions. Ecloga was given its final shape during the period of Empress Irene. Irene is one of the strongest female figures in Roman history. Emperor Constantine V married his son Leo (who is from his first wife Çiçek Hatun, the Caspian Princess) to Irene. Irene was the daughter of an ordinary family. She was Athenian as origin. However, Athens was not a city as flashy as it was in ancient times. At the same time, the Athenians were against icon-breaking, which was the official ideology of the empire. It was really interesting that Irene was chosen by Constantine V as wife for his son Leo. After the death of Constantine V, Leo IV acceded to the throne without any problems. The fact that Leo IV had chronic tuberculosis prevented him from state administrations. Actually, it was Irene who filled in this gap. After the early death of Leo IV, due to the aforementioned disease, his 10-year-old son Constantine VI became officially regent. After killing her son by abacina-tion Irene became the sole owner of the throne. In the ongoing process, she abused law and religion to maintain her power. Irene’s first law supplement was on oaths. There were many references to the Holy Book in the annex of this law. It was mentioned that it is not a sin to swear in the Old Testament, but it is now forbidden to swear with the New Testament. In addi-tion, the law stipulates that the oath is the way to deny God precisely after lying. However, it was claimed that the oath tradition to the Roman society passed through the Hebrews. Un-doubtedly, Irene used the text of this law to prove that the oath of devotion of the majority of the eastern Roman army, allegedly to her son Constantine VI, was invalid. Because in the Ro-man army, fulfilling the necessary oath and loyalty to the emperor were in front of everything. It was possible for the empress to take over the throne with this proclaimed law article that the vows of the soldiers who swore in order to remain committed to Constantine VI within the army were void. It is obvious that Irene was trying to prevent a possible coup attempt within the army. The empress’ second annex to the law concerns those who married for the third time. The law was titled “About those who illegally contract to third or later marriages and about those who marry their own slaves”. In Christianity, it was allowed to marry for the sec-ond time after the death of one of the spouses. There were certain phrases that marriages to be held for the third time in the Holy Book were forbidden. It is clear that Irene had a political benefit in reminding this ban. Because her power was based on her marriage with Leo, who was the son of Constantine V from his first wife. Their rivals were the sons of Constantine V from his third marriage. Therefore, with this law, she eliminated her political rivals. (shrink)

One of the main arguments against interventionist views of special divine action is that God would not violate his own laws. But if intervention entails the breaking of natural law, what precisely is being broken? While the nature of the laws of nature has been widely explored by philosophers of science, important distinctions are often ignored in the science and religion literature. In this paper, I consider the three main approaches to laws: Humean anti-realism, supervenience on more fundamental aspects (...) of metaphysics, and nomological realism. The first denies that there is any metaphysical reality behind laws or causation. The second holds that laws supervene on capacities, dispositions, or counterfactuals. The third takes laws to be irreducible aspects of reality. The mechanics of special divine action and worries about intervention vary depending on which view of law one holds. In the end, I argue that early modern natural philosophers, who first introduced law-language for nature, largely had it right. Laws are not created entities or powers that act as intermediaries between God and nature; they are best understood as expressions of God’s will for nature. The outstanding question is whether such a view inevitably lands in occasionalism. (shrink)

This paper is a contribution to the long-standing debate over the coherence of Charles Sanders Peirce’s overall system of philosophy. It approaches that issue through the lens of a contemporary debate over the notion of metaphysical grounding, or more broadly, the nature of metaphysical explanation, employing the laws of logic as a case study. The central question concerns how we can take seriously what we shall call Peirce’s Rule—that nothing can be admitted to be absolutely inexplicable—without being vulnerable to a (...) vicious regress or equally vicious circularity. I first argue that in Peirce’s early work he offers a quietist conception of grounding that provides a persuasive and ground-breaking answer to this central question. I then raise a familiar concern, that in Peirce’s later work we find hints of a more metaphysical conception of grounding that seems unable to answer that question and is thus inconsistent with his earlier work. The paper ends with a speculative interpretation of Peirce’s approach to metaphysics and its possible role in grounding logical principles. (shrink)

Oliver Wendell Holmes, Jr. is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and (...) legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. (shrink)

In an interdependent world of overlapping political memberships and identities, states and democratic citizens face difficult choices in responding to large-scale migration and the related question of who ought to have access to citizenship. In an influential attempt to provide a normative framework for a more just global order, The Law of Peoples , John Rawls is curiously silent regarding what his framework would mean for the politics of migration. In this piece, I consider the complications Rawls’s inattention to these (...) issues creates for his broader vision of global justice. Yet I also attempt to show how these aspects of Rawls’s theory emerge from an underlying tension which confronts all liberal democratic conceptions of justice, both in theory and in practice. In my conclusion, I sketch an alternative rooted in the insights of agonistic pluralism, which “breaks” the Rawlsian silence and actively theorizes the democratic legitimation of political borders. (shrink)

In a recent paper, I launch an attack on a fundamental doctrine of legal positivism. I argue that nonnormative facts cannot themselves constitutively determine the content of the law. In a response published in this journal, Ram Neta defends the view that nonnormative social facts are sufficient to determine normative facts, including both moral and legal facts. Neta's paper provides a useful opportunity to address a spelled-out version of this view, which in various forms is widely held in philosophy of (...) law and other areas of philosophy. I begin by addressing Neta's attempts to show that descriptive facts can alone determine moral and legal facts. First, Neta's account of why it is wrong to break promises fails. In addition to other problems, it begs the question by taking for granted that a person's desires or other motivational states necessarily justify the actions that they motivate. Next, I turn to Neta's attempt to provide a counterexample to my view about law. In my original paper, I claim that the nature of the constitutive determination relation in the legal domain is what I call rationaldetermination. Roughly speaking, a full constitutive account of the legal facts must include reasons that explain the relation between the determining facts and the legal facts. The facts on which Neta's putative counterexample depends cannot be reasons of the required sort because they take for granted what they are supposed to explain—the way in which nonnormative social facts contribute to the content of the law. Finally, I address the larger issue of how far my argument applies to other domains. I consider and reject Neta's argument that purports to show that all normative domains have the relevant features of the legal domain. I then sketch a competing picture of some normative domains. (shrink)

Given the reality of legal orders collapsing or breaking, this paper argues that a good explanation is needed to understand this phenomenon. It adopts a Hartian account of positivism and considers law as part of a larger set of social facts and orders. The paper analyzes the relationship between evil moral commitments and the law. It concludes by showing that it might be more conducive to analyzing the loss of faith in a legal system as an explanation for its (...) collapse rather than thinking about problematic commitments to evil moral attitudes. (shrink)

The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral (...) maze I will argue that the Strategic Foul rests on a conceptual mistake. I will contrast the Strategic Foul with the idea of Efficient Breach in the economic approach to law in order to bring out some of the salient features. While doing so I will attempt some cross-fertilisation between jurisprudential insights and philosophical reflection on game rules. Finally, I will re-cast Searle’s distinction between constitutive and regulative rules in order to bring out the conceptual mistake more clearly. (shrink)

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.

In his article, “Breaking Laws of Nature,” Jeffrey Koperski considers various attempts to give an account of the laws of nature. Following early modern natural philosophers, he opts for an account he terms “decretalism,” namely the view that laws are not created entities or powers that act as intermediaries between God and nature, but rather are best understood as God’s decrees. Koperski argues there are good reason for accepting his account and that it does not commit him to occasionalism. (...) In response, I argue that the reasons he gives for accepting decretalism are unconvincing and that decretalism does in fact commit him to occasionalism. (shrink)

A fundamental criterion considered essential to deem the procedure of vital organ procurement for transplantation ethical is that the donor must be dead, as per the Dead Donor Rule (DDR). In the case of Donation after Circulatory Death (DCD), is the donor genuinely dead? The main aim of this article is to clarify this uncertainty, which primarily arises from the fact that in DCD, death is determined based on cardiac criteria (Circulatory Death, CD), rather than neurological criteria (Brain Death, BD), (...) and that to allow the procurement procedure, physicians reperfuse the organs in an assisted manner. To ensure that the cessation of circulation leads to the irreversible loss of brain functions, DCD regulations require that physicians wait a certain period after CD before commencing vital organ procurement. However, during this “no-touch period,” the organs are at risk of damage, potentially rendering them unsuitable for transplantation. When DCD is performed on patients whose CD follows a Withdrawal of Life-Sustaining Treatment (WLST) (DCD Maastricht III category), how long should the no-touch period last? Does its existence really make sense? Does beginning the procedure of vital organ procurement immediately after WLST constitute a violation of the DDR that can be ethically justified? The discussion aims to provide arguments in support of the non-absoluteness of the DDR. (shrink)

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, (...) assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale. (shrink)