To date, international law has not featured prominently in academic analyses of Buddhism. Especially absent from this small body of literature are real-life examples of Buddhist monks and laity turning to international law to resolve grievances or protect Buddhism against perceived threats to it. This article seeks to fill this void. Drawing on interview and archival sources from Sri Lanka and the United Nations, it analyzes how one particular monk from Colombo became a key agent in the interpretation and (...) transformation of international law. By so doing, this article complements existing scholarship concerning Buddhism’s philosophical or conceptual sympathies with international legal principles and provides further empirical ballast for understanding how, when and why Buddhists turn to international law. (shrink)

Behind the pendulum-like regulatory swings between interventionism and laissezpasser that are nothing but the results of changing contexts are the legal principles as their denominators and connectors. Legal principles guide explanations and give paths that a decision maker must not circumvent. In the enhanced dynamic environment that is based more on risk and prediction than solely ex post adaptation they cannot cope with the more numerous information and communication channels. Principles can be more fully embraced (...) with the help of more systematically-elaborated reality. Without clear steps needed for the formation of principles talks about the regulatory impact assessment, risk management, evidence-based approach and other regulatory notions are only a stuff for filling the paper lines than the real tools for the management of reality. (shrink)

ABSTRACT In this paper, we will highlight the correspondences between the Socially Engaged Buddhism movement, especially as defined in the practice of the late Thich Nhat Hanh, and the core principles of humanity, impartiality, neutrality and independence originally adopted by the International Red Cross and Red Crescent Movement. These principles also underpin the neutral, impartial and independent approach to humanitarian action, used by agencies working under the auspices of the United Nations’ Inter-Agency Standing Committee and Office for the (...) Coordination of Humanitarian Affairs, along with those who have signed the Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organizations in Disaster Relief. We hope this paper is a modest but useful contribution to create better understanding and to generate dialogue among different stakeholders in the humanitarian field, particularly in the context of armed conflict. (shrink)

Law is a system of legal rules and legal principles. The distinction between them is a relative one. Always such definite major and minor premises are to be formed that the case can be subsumed under the rule and a conclusion, which includes the decision, can be drawn. This applies to legal principles that are operationalised by legal rules as well as to statutory forms of legal rules, which are often open as to (...) their meaning and/or contain definitions that comprise elements of principles. The basic characteristic of legal principles is that they are value measures directing the definition of legal rules as to their contents, the understanding of the rules, and the manner of their application. Legal principles aim at a goal, have weight, and define the scope of the meaning within which the legal rules move. The operationalisation of legal principles is the _ratio decidendi_ that the court has to achieve in order to be able to decide in a concrete case. Legal principles live through the rules that are the reasons for the decision in a concrete case. New cases can be solved by a new operationalisation of legal principles or by analogous application of precedents if the new cases, in their essential elements, correspond to cases that have already been decided. (shrink)

Current legal theory is concerned with the presence of principles in law partly because they are at the core of Dworkin's criticisms of Hart's rule of recognition. Hart's theory is threatened by the possibility that the identification of some principles follows an extremely relaxed rule of recognition, or even no rule at all. Unfortunately, there is no conclusive test to ascertain what is the case in actual practice. On the other hand, the evaluative arguments which support Dworkin's (...) proposal of principled adjudication are forceful but not conclusive. Moreover, since ultimate controversy over values is plausible, judicial discretion may sometimes be inevitable. (shrink)

The author offers a sketch of his thesis that legal principles are optimization commands. He presents this thesis as an effort to capture the structure of weighing or balancing and to provide a basis for the principle of proportionality as it is applied in constitutional law. With this much in place, he then takes up some of the problems that have come to be associated with the optimization thesis. First, he examines the objection that there are no such (...) things as principles, but only different modes of the application of norms. Second, he discusses problems concerning the concept of an optimization command and the character of the "ought" contained in principles. He concludes that the distinction between commands to optimize and commands to be optimized is the best method for capturing the nature of principles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beginning in the 20s of the last century, historical research into Eiximenis's life and writings has thrown into relief his contribution to the language and political ideas of the kingdoms and towns of the Catalan-Aragonese Crown. Of fundamental importance has been the work of medievalists from North America, and in particular that of Canadian scholars during the last decades of the twentieth century.More recently, a number of studies have (...) underlined the decisive contribution of Eiximenis – a representative of a European textual tradition among friars of the Minor Observance that extended from Oxford to Florence – to the establishment of a system of ethical values for the economic sphere and for trading practices that continued to be developed by members of the Franciscan Order throughout the high middle ages and early modern period.As a follow-up to these studies, I believe that a program of textual analysis and systematic investigation of Eximenis's work could provide further information about the range and significance of his political thinking, based as it was on applying, in typically Franciscan fashion, experimental observation to gain an understanding of the nature both of the societas and of the market, the latter being thought of as a defining expression of civic institutions in Western Europe. This same experimental approach can be found in Franciscan thinking from the catalan-aragonese realm not only in the work of Arnau de Vilanova and Ramon Llull, but also in that of Pere Tomas and Anselm Turmeda, two figures fundamental to the preparation and political engagement of the Friar of Girona.1. The concept of contractIn Eiximenian texts, the communitarian dimension is defined as one that is of necessity based on contract. It is expounded in the long opening section of the Dotzè del Crestià, where Eiximenis outlines the political value of the civitas, as well as setting out the elements that constitute civic life.Borrowing from Aristotle's discussion in the First Book of the Politics , the Franciscan friar strongly affirms that one of the principal reasons behind the civitas is the "necessitat de contractes," the need for contracts. Going far beyond the highly qualified analysis of money and coinage set out by the Greek philosopher, Eiximenis here maintains that the aims of the community is the profit that the citizenry realises by means of different forms of exchange, through buying and selling, through contracts, and through trading. Moreover, that the binding nature of trading-contracts is a matter of concern not of the city in the narrow sense, but of each and every kind of human social organization.Even before contract-law, or, better said, conventional or foral procedure, Eiximenis views the idea of the contract as an essential part of the ethical and organizational principles of living as a community, the essence of the civitas. And it is of great significance that when he is discussing the value and function of money, Eiximenis chooses to call the sorts of exchange that to-day we term economic or financial les civils conmutacions, or exchanges between citizens.These lexical hints allow us to capture the strength of meaning and value, the ethical perspective by which the Gerundense defines the inextricable union of the market and civic society. But it is not only an analytical perspective, significant as that is, that unites market and civic ethics; we are presented with a value judgment of contract and economic exchange as elements that determine the very idea of civilitas.The "bona civilitas," an expression that can be roughly translated as "good civic culture," is in fact founded on a concept of economic ethics that has as its distinguishing feature the logic of profitable exchange, of the distribution of that profit, of contractualization, and of the circulation of goods and money. It is characterised by redefining the anti-value of avaritia as a real.. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible (...) laws), and also whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

Increased knowledge of the gene–disease associations contributing to common cancer development raises the prospect of population stratification by genotype and other risk factors. Individual risk assessments could be used to target interventions such as screening, treatment and health education. Genotyping neonates, infants or young children as part of a systematic programme would improve coverage and uptake, and facilitate a screening package that maximises potential benefits and minimises harms including overdiagnosis. This paper explores the potential justifications and risks of genotyping children (...) for genetic variants associated with common cancer development within a personalised screening programme. It identifies the ethical and legal principles that might guide population genotyping where the predictive value of the testing is modest and associated risks might arise in the future, and considers the standards required by population screening programme validity measures . These are distinguished from the normative principles underpinning predictive genetic testing of children for adult-onset diseases—namely, to make best-interests judgements and to preserve autonomy. While the case for population-based genotyping of neonates or young children has not yet been made, the justifications for this approach are likely to become increasingly compelling. A modified evaluative and normative framework should be developed, capturing elements from individualistic and population-based approaches. This should emphasise proper communication and genuine parental consent or informed choice, while recognising the challenges associated with making unsolicited approaches to an asymptomatic group. Such a framework would be strengthened by complementary empirical research. (shrink)

In The Concept of Law, H. L. A. Hart propounds three central theses about the nature of law: a standard of behavior is a law in a society S if and only if that standard has been promulgated in accordance with the procedures specified in S's rule of recognition ; there are no necessary substantive moral constraints on the content of law ; and judges have discretion in hard cases to base their decisions on extralegal standards; thus, judges decide hard (...) cases by creating new law and not by applying existing law . ;Despite the apparent simplicity of Hart's positivism, it has been the subject of fierce controversy. In "The Model of Rules I," Ronald Dworkin argues that judges are bound in hard cases to consider legal principles that derive their authority from, as Dworkin puts it, "a sense of appropriateness developed in the profession and the public over time." Thus, he concludes that two of Hart's theses are false. First, since the authority of such principles does not depend on their having been promulgated in accordance with the requirements of the rule of recognition, Hart's Pedigree Thesis is false. Second, since judges are always bound by these principles in hard cases, Hart's Discretion Thesis is false. ;In my dissertation, I consider a number of attempts to defend Hart's positivism from Dworkin's criticisms. I show that Hart would reject each of these attempts as involving an unacceptable modification of his version of the Pedigree Thesis. Additionally, I argue that, contra Dworkin, the authority of legal principles derives from their having been declared by judges in the course of deciding hard cases. Accordingly, I conclude that the validity of legal principles is consistent with Hart's version of the Pedigree and Discretion Theses. (shrink)

The installation in a society of ad hoc and contradictory legal policies over a foundation of equal liberty and justice under the rule of law results in social disorder. When these policies reflect economic interests, A feudal-Like form of economic determinism begins to close in. This in turn breeds inequalities, Frustrated expectations, Political favoritism and authoritarianism. Further, The 'success' of such policies in terms of visible changes in the social order cannot in principle be known. The paper demonstrates these (...) social disorders in terms of a current american mandate called 'reverse discrimination' which coerces industries and universities to favor and promote the economic and educational interests of some persons over others. (shrink)

The article “Prevention of corruption in public procurement: importance of general legal principles” examines the importance of general legal principles in the sphere of public purchases. The purpose of the work is to analyse the information on possible methods of prevention of and fight against corruption. The main result of the work is the conclusion that strict adherence to the general legal principles is one of the corruption-reducing factors. While combating corruption in the field (...) of public procurement, general legal principles should not be divided into primary and secondary principles, because they are all equally important and complement each other. Audit of the normative acts regulating public procurement shall be performed in the Member States of the European Union; positivisation of the following principles will effectively prevent manifestations of corruption in the area of public procurement: the principle of responsibility; principle of permanent composition of the procurement commission; the principle of in dubio pro reo; the principle of compensation; the principle of control; the principle of objectivity; the principle of completing the procurement procedure within a reasonable time period. (shrink)

The article deals with a discussion of the concept and implementation of the procedure within a reasonable time as a legal principle. The main purpose of the article is to reveal the content and functioning of this principle. The author presents new insights into this principle. From time to time this legal ground evolves into new forms or the criteria, on which it depends, changes; therefore, such issues have to be taken as the basis for evaluating this principle. (...) The following conclusion is drawn in the article: the effect of the principle of the procedure within a reasonable time is not only tied to the obvious suspicion or indictment, but also to any reasonable assumption about the probable prosecution due to various actions carried out by criminal procedure officers under the Code of Criminal Procedure. After summing up the arguments, the author concludes that it is important to estimate the procedural interest of the suspect, defendant or sentenced person. (shrink)

Artificial Intelligence (AI) is set to bring changes to legal systems. These technologies may have positive practical implications when it comes to access, efficiency, and accuracy in Justice. However, there are still many uncertainties and challenges associated with the implementation of AI in the legal space. In this research, we surveyed Judges on critical challenges related to the Judging Profession in the AI paradigm; Automated Adjudication; and Legal Principles. Our results suggest that (i) Judges are hesitant (...) about changes in their profession. They signal the need for adequate training that fosters legal literacy in AI, but are less open to changes in legal writing or their social and institutional role; (ii) Judges believe higher levels of automation only lead to fair outcomes if used in earlier phases of adjudication; (iii) Judges believe and are concerned about AI leading to Techno-Legal Positivism; and (iv) Judges consider that Legal AI technologies may have a positive impact in some legal principles, as long as everyone has equal access to those technologies and cybersecurity and judge on the loop safeguards are in place; and (v) Judges are strongly concerned about the de-humanization of Justice. They consider that assessing evidence, analyzing arguments, and deciding on a legal case should be inherently human. By surveying these practitioners, we aim to foster a responsible, inclusive, and transparent innovation in Justice. (shrink)

Advances in neuroscience and other disciplines are producing large-scale brain data consisting of datasets from multiple organisms, disciplines, and jurisdictions in different formats. However, due to the lack of an international data governance framework brain data is currently being produced under various contextual ethical and legal principles which may influence key stakeholders involved in the generation, collection, processing and sharing of brain data thereby raising ethical and legal challenges. In addition, despite the demand for a brain data (...) governance framework that accounts for culture, there is a gap in empirical research and actions to understand how key stakeholders around the world view these issues using neuroscientists who are affected by these ethical and legal principles. Therefore, using the research question how do ethical and legal principles influence data governance in neuroscience? we attempt to understand the perceptions of key actors on the principles, issues and concerns that can arise from brain data research. We carried out interviews with 21 leading international neuroscientists. The analytical insights revealed key ethical and legal principles, areas of convergence, visibility, and the contextual issues and concerns that arise in brain data research around these principles. These issues and concerns circulate around intimately connected areas which include ethics, human rights, regulations, policies and guidelines, and participatory governance. Also, key contextual insights around animal research and ethics were identified. The research identifies key principles, issues, and concerns that need to be addressed in advancing the development of a framework for global brain data governance. By presenting contextual insights from neuroscientists across regions, the study contributes to informing discussions and shaping policies aimed at promoting responsible and ethical practices in brain data research. The research answers the call for a cross cultural study of global brain data governance and the results of the study will assist in understanding the issues and concerns that arise in brain data governance. (shrink)

The degree to which the early dharma literature was an extrapolation from the earlier ritual codes can be seen from a number of shared features of form and content. One of these that has not received more than passing notice is the fact that the Dharmaśāstric principle of regarding customary norms as a valid basis of dharma, both in general and in limited spheres, has its origins in ritual rules in the śrautasūtras and gṛhyasūtras. Passages from the Baudhāyanaśrautasūtra and numerous (...) gṛhyasūtras show that already in these rulebooks established practices of particular social groups were accepted as a valid authority in certain contexts where explicit textual warrant was lacking, and that a further distinction was there made between the general norms of experts and the valid particular norms of locality or social group. (shrink)

동양의 법제와 법사상에서 중요한 개념인 情·理·法에 대한 선행연구들이 적지 않았다. 하지만 조선시대 민사판결인 결송입안(決訟立案)을 활용하여 情·理·法의 실제 적용례를 분석한 바는 없었다. 본고에서는 조선시대 재판사례를 근거로 들어 情·理·法의 관계를 규명하려 하였다. 그리고 전통법에서도 서양의 법원리주의를 인정할 수 있는지 검토해 보았다. 한국 전통법에서 情·理·法의 관계는 다음 명제로 정리할 수 있다. ‘法이라는 것은 理로부터 다스려지는 것이고, 理는 情에서 나오는 것이다. 재판관은 이것 이외 무슨 다른 말을 하겠는가?(法以理折 理由情出 爲官守者 於復此乎 更有何說是乙喩)’ 중국의 情·理·法과 조선의 情·理·法은 상당히 유사한 논증구조를 가지고 있었지만, 조선의 情·理·法은 분묘에 관한 (...) 소송(山訟)에서 중국법과 다른 특징을 가지고 있었다. 조선시대 분묘소송은 情·理를 원용하여 法의 흠결을 보충하였다. ≪經國大典≫ 및 ≪續大典≫의 분묘에 관한 ‘法’조문은 서로 모순·충돌하고 있었다. 그래서 재판관은 분묘소송에서 ‘情·理’에 해당하는 ‘앉아서도 서서도 안 보임(坐立具不現)’의 원리를 원용하여 재판하였다. 유명한 법철학자 로날드 드워킨(Ronald Dworkin)은 법원리주의를 주창하였는데, 그는 법체계를 확정적인 법규범(legal rules)과 법원리규범(Principle)으로 구성된 체계라는 주장을 하였다. 드워킨의 법원리주의와 情·理·法의 논증구조는 상당히 유사하다. 그렇지만 동양의 전통법에서 서양의 법철학에서 논의하는 법원리주의를 인정할 수 있는가라는 질문을 한다면, 이에 대해 ‘반드시 그렇게 볼 수는 없다’고 답할 수밖에 없다. 동양법과 서양법의 법문화가 다르기 때문이다. 또한 ‘法’이라는 글자와 ‘Law’의 의미가 다르며, ‘情·理’와 ‘Morality’, ‘Equity’, ‘Principle’ 등의 용어는 대비해 볼 수 있는 용어이지만, 이들이 개념필수적으로 동일한 용어는 아니기 때문이다. (shrink)

The principle of bivalence is the assertion that every statement is either true or else false. Its legal analog, however, must be formulated relative to particular legal systems and in terms of validity rather than truth. It asserts that every statement of law that can be formulated in the vocabulary of a given legal system is valid or else invalid in that system. A line of New York cases is traced, beginning with Thomas v. Winchester . This (...) case, which involved a poison mislabeled as a medicine, established an exception to the rule that a manufacturer or supplier is never liable for negligence to a remote purchaser. The court made an exception because a poison is an “imminently dangerous” thing. How far may this exception be applied to other fact‐situations? Some subsequent cases are examined, and it is considered whether there is no correct answer in these instances and, more dramatically, whether more than one correct answer is tenable. In either event the legal analog of bivalence would seem to fail. (shrink)

No entendimento de Habermas, "direito", na expressão "direitos humanos", é um conceito jurídico, donde direitos humanos, para ele, serem direitos jurídicos, normas legais declaradas em atos de fundações do Estado ou anunciadas em convenções do direito internacional e/ou constituições estatais. Ao conceber assim os direitos e tematizar os direitos humanos numa abordagem tríplice (focando-os entre moral, direito e política), ele fornece diferentes definições teóricas dos direitos humanos. O texto apresenta uma exposição sistemática dessas definições e focaliza os diferentes problemas que (...) motivaram Habermas a alterar e ampliar suas concepções de direitos humanos. In the understanding of Habermas, "right" in the phrase "human rights" is a legal concept, where human rights are legal rights, i.e., legal norms declared in acts of foundations of the State or announced conventions of international law and/or State constitutions. By conceiving of rights in this way and by treating human rights in a threefold approach (placing them between morals, law and politics), he presents different theoretical definitions of human rights. This paper presents a systematic exposition of these definitions, and focuses on the different problems that motivated Habermas to change and expand his conceptions of human rights. (shrink)

The doctrine that there is no permanent creator who superintends creation and takes care of his creatures accords quite well with each of the principles known as the four noble truths of Buddhism. The first truth, that distress is universal, is traditionally expounded in terms of the impermanence of all features of experience and in terms of the absence of genuine unity or personal identity in the multitude of physical and mental factors that constitute what we experience as a (...) single person. As we saw above, the principal Buddhist arguments against the existence of God focus on the impossibility of permanence and unity in the causal structure of the universe. The second noble truth, that distress is the outcome of one's own unrealistic aspirations, is traditionally seen as ruling out the erroneous view that distress is something inflicted upon creatures by a cosmic superintendent or by other circumstances completely beyond their control. The third noble truth, that distress can be eliminated by divesting oneself of all unrealistic aspirations, rules out the view that sentient beings, as powerless victims of a divine will, have no alternative to a life of constant frustration. And the fourth noble truth, that the best means of removing unrealistic desires is to follow a methodical course of self-discipline, counters the view that the road to happiness lies in obedience to divine will or in trying to manipulate the sentiments of a cosmic intelligence through prayer or ritual. (shrink)

An essential aim of this study is to present principles of the legal interpretation of the term “building structure” for the needs of the imposition of a real estate tax. The analysis of both administrative courts’ judgments and the subject literature indicates lack of consistency in the scope of this term’s meaning. In my opinion, interpretative discrepancies are caused by incorrect legal interpretation of the legal definition. It should be noticed that numerous controversies connected with the (...) legal interpretation of the term building structure are connected with considerable tax burden of this type of building objects. Taxpayers, for obvious reasons, are therefore “interested” in not finding the objects owned by them to be building structures in the meaning of the Tax Law, or possibly in finding only those objects’ specified parts to be building structures. It is easily apparent particularly in the case of objects of complex structures. On the other hand, however, for many municipalities in Poland, income from building structures’ taxation creates municipal budgets. This way the practice of applying local tax law encounters numerous disputes between taxpayers and self-government tax authorities. (shrink)

이 연구의 궁극의 목적은 튼실한 민주와 정상적인 법치의 활착이다. 그 작은 목표로 한국 법체계의 법원리 법원칙을 표상할 수 있는 상징적 표제어를 발굴 정초하려는 것이다. 한국 법문화에서 이 표제어는 현재 공백이라고 말해도 과언이 아니다. 그것은 한국 법치주의의 역사문화적 정당성이 결여되어 있다는 반증이기도 하다. 서구형 민주와 법치가 뿌리내리지 못하고, 동양형 민주와 법치 역시 시의(時宜)에 맞게 창신(創新)해 내지 못하고 있기 때문이다. 이 글은 분석대상을 한두 가지로 국한해서 세밀하게 서술하지 않는다. 한국 법체계 전체 국면의 큰 흐름을 가능한 확보하려는 취지에서 소략하게 논증하기 때문에 시론적 작업이라 (...) 명명한 것이다. 그렇다면 한국 법체계의 법원리를 추출하고 표상화하는 실질적 기준은 어떻게 설정할 것인가? 조선시대 법체계인 조선경국전(朝鮮經國典)의 정보위(正寶位), 경국대전(經國大典), 다산(茶山)의 형전(刑典), 그리고 근대의 법체계인 임정헌법, 제헌헌법, 대법원 판결례를 아주 제한적으로 분석 우리 헌정질서에 담겨진 법가치를 재확인 법원리로 표상할 수 있는 표제어를 부분적으로 입안 정초하려는 것이다. 그 큰 흐름의 하나는 여민(與民)의 법가치와 인민주권의 법원리이며, 그 둘은 여민의 법가치와 경제균평의 법원리이다. 조선경국전 정보위(正寶位)의 균방국(均邦國), 경국대전의 경제질서, 다산의 균평(均平)의 법(정치)원리, 그리고 임정헌법의 이익균등 제헌헌법의 이익균점, 지금의 경제민주에 이르기까지 한국 법체계의 법원리로서 면면히 이어지는 법원칙이며 법의 정신이다. 그러니까 여기서 주목할 점은 이러한 법원리는 근대 법체계에서 국민주권의 법원리, 그리고 활사개공(活私開公)의 법원리, 경제민주의 법원리와 큰 틀에서 상응 상통하게 된다는 사실이다. 대법원 판결례에서 추론하여 표상화 할 수 있는 법원리 역시 넓은 의미에서 활사개공(活私開公)의 법원리이며, 활문개작, 활문개창의 법(해석)원리이다. 한편 오피니언 리더와 시민사회 단체들의 정제된 담론에서 활사개공의 법원리를 다시 확인하게 된다. 이러한 가설적 법원리 입안은 한국사회의 규범현실을 진맥하고 소통을 촉진하며, 소박하게나마 한국사회의 기존의 법이론 정의론 전개를 다시 성찰하는 계기가 될 것이다. 더 나아가 한국사회의 법의 철학을 전개할 수 있는 모멘텀으로 작용할 것이다. 위와 같은 총체적 과정에서 한국 법체계의 법공동체 공론의 장에서 수긍할 수 있는 법원리 후보군이 결정되면 그 상징적 표제어를 최종적으로 입론하게 될 것이다. (shrink)

The author singles out various conceptions of rationality used in practical legal discourse: formal and substantive rationality, instrumental goal‐ and means‐rationality, communicative rationality. Practical rationality is expressed in decisions justified by epistemic and axiological premises according to the rules of justificatory reasoning. Five levels of analysis of this justification are identified. Rules, principles and evaluations are used as justifying arguments and their characteristics determine the dimensions of rationality of decision depending on the features of rules, various conceptions of (...) principles, and kinds of relativisation of evaluations. The dimensions of legal rationality depend mainly on three singled out conceptions of rationality, i.e., formal rationality dealing with the deep structure of justification, instrumentally oriented rationality as content of justifiability, and communicative rationality linked with the pragmatics of human interaction. Legitimacy, according to the presented analysis, appears as a subclass of external justification dealing with axiological premisses in terms of instrumental rationality and/or communicative rationality. (shrink)

While the 2010 EPSRC principles for robotics state a set of 5 rules of what ‘should’ be done, I argue they should differentiate between legal obligations and ethical demands. Only if we make this difference can we state clearly what the legal obligations already are, and what additional ethical demands we want to make. I provide suggestions how to revise the rules in this light and how to make them more structured.

This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, (...) the right to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)

Recent developments in the Arab world reopen one of the most fertile debate topics in international relations theory: the universal nature of the concept “fundamental human rights” and their content. The perspectives are different, being influenced by an ideological background, especially theological, apparently contradictory, affecting the positions of major international actors, stimulating the revival of controversies on major differences between Western world and the developing societies. Through a balanced analysis, specific to critical postmodernism, of the way each civilization (according to (...) Samuel Huntington) relates to the human being and to its place within its own legal architecture, one can notice that, beyond any differences, joint elements can be identified for further integration into a common fundamental text conferring the consensual universality indispensable to such an important principle. (shrink)

The research has three objectives: 1) to study the concept of Heisenberg’s uncertainty principle, 2) to study the concept of reality and knowledge in Buddhist philosophy, and 3) to analyze the concept of Heisenberg’s uncertainty principle in Buddhist philosophical perspective. This is documentary research. In this research, it was found that Heisenberg's uncertainty principle refers to the experiment of thought while studying physical reality on smaller particles than atoms where at the present no theory of Physics can clearly (...) explain such properties. In this respect, the mentioned principle is utilized to predict the pairs of a certain attribute of physics, position, and momentum, for instance. The accuracy of position, however, cannot be precisely yielded in advance by such a principle. In other words, it is impossible to measure the position and momentum of a quantum particle at the same time. In the study of the ultimate reality on the matter in the Buddhist philosophy, it showed that corporeality in nature is conditioned by cause and effect and thereby falling under the three common characteristics: 1) impermanence, 2) state of suffering, and 3) state of non-substantiality. In the study of Heisenberg’s uncertainty principle in the Buddhist philosophical perspective, this research was found that the processes in acquiring certain knowledge of Heisenberg and Buddhist philosophy are by one another in the sense that such knowledge is methodologically acquired through experience, rationality, and intuition because both see the Reality in the same manners, that is, the physical reality is viewed by Heisenberg as the thing that goes under changing state of wave-particle all the times, and the matter is seen by Buddhist philosophy as the impermanence and change depending upon its factors involved and thereby is not-self. However, in the different aspect, on the one hand, Buddhist philosophy utilizes the knowledge on the matter to develop the morality and ethics by which the cessation of suffering could be respectively made, but on the other hand, Heisenberg somehow applies the certain knowledge on physical objects into quantum technology to accommodate the physical comfortability in living life. Suggestions in the application of knowledge gained from this research into benefit were that while Buddhist philosophy can make use of Heisenberg’s uncertainty principle to provide certain help at the time of explanation of three common characteristics being done through the scientific method, science also can utilize knowledge gained from Buddhist philosophy to expand the framework of scientific knowledge which is aimed at studying only the physical objects to be able to study the mental objects through the integration of three epistemological methods as well. (shrink)

According to Popper, democracy, and the one of the western type at that, is the best form of the state system which makes open society possible. At the same time, democratic traditions and institutions have been historically developing not only in the West but also in the East. A number of crucial principles of Buddhistcivilization forming throughout the millennium appear to be quite corresponding to the model of open society. The principles of universal humanism and compassion as the (...) staple of the world; the principle of universal responsibility for forming social institutes and organizations aimed to solve problems common to all people; the principle of tolerance and common ethical direction of all world religions can be attributed to such principles. The humanistic ideal of Buddhism is an individual satisfied with life in society and living in harmony with nature. Buddhism encourages self-restriction and social solidarity, justice and equality, pure thoughts and deeds. Buddhist civilization lies “in between” since in most cases it acts a close-to-perfect mediator among other cultures and civilizations, various ethnic groups and peoples. (shrink)

본고에서는 인간이 겪는 고통을 개인적 고통과 사회적 고통으로 대별하고 불교의 업설을 통해 그 원리와 해법을 살펴보았다. 업설에 따르면 인간의 모든 의지적 행위가 곧 업이며, 그 업에는 반드시 과보가 따른다. 그러므로 우리가 고통에서 벗어나기 위해 업을 제거하도록 해야 한다. 불교의 업설에서 주목해야 할 것으로 첫째, 모든 행위에 있어서 그 결과보다는 ‘의지(의도)’를 중시한다는 점이다. 그러므로 어떤 행위를 함에 있어서 그 선택의 자율성을 어떻게 확보할 것인지가 자기치유에 있어서 매우 중요하다. 둘째, 업설은 사회적(자연적) 관계 속에서 이해되어야 한다는 점이다. 즉 우리에게 주어진 조건(인간관계, 주변 환경)은 (...) 모두가 함께 지은 공업(共業)의 결과이다. 함께 짓고 받는 것이며, 경중의 차이는 있지만 그 책임이나 영향으로부터 누구도 자유로울 수 없다. 공업이 개개인의 의지적 행위가 모인 사회적(집단적) 의지(행위)에 의해 형성된 결과라면, 이 세상(에 주어진 고통스러운 환경들)도 함께 힘을 모아 얼마든지 새롭게 만들어갈 수 있다는 점이다. 셋째, 업에 있어서 법칙성과 자율성을 균형 있게 보아야 한다는 점이다. 업설은 기본적으로 인과보응의 법칙성에 따른다. 이 법칙성은 자율성(행위의 선택가능성)과 조화를 이루어 자신의 인격은 물론 다양한 차별현상을 형성하고 유지하고 변화시킬 수 있다. 이러한 업설은 각자의 행위에 대한 도덕적 · 윤리적 정당성을 제공할 뿐 아니라 각자를 둘러싼 인간관계의 개선 및 사회적 · 생태적 정의의 실현에 적극 참여해야 할 근거를 제시한다고 할 수 있다. 그러므로 업설에 따르면, 자기 치유는 행위선택의 자율성에 대한 확립을 통해 가능하며, 관계 치유는 인과보응의 법칙성에 대한 자각과 함께 이를 활용한 적극적인 참여 실천을 통해 가능하다고 할 수 있다. (shrink)

. This paper presents Buddhism as a path theory in which the adherent practices mindfulness in order to see the world as‐it‐is. The world as presented in a human situation is an interdependently originating process to which one can bring meaning but in which meaning is not inherent. The conceptualizing process by which one concretizes reality is the foundation on which human frustrations and disease arise. However, it is by this conceptualizing process that one establishes a cosmological view of the (...) universe. The soteriological consideration in Buddhism is to realize that reality created by the mind is like an illusion, a concretization of an interdependently originating process into a substantive reality. Through this realization one can remove the delusion created by mind and see reality as‐it‐is. (shrink)

Empire reveals some of the reasons why the history of legal thought should not be prepared in precisely the same way as the history of political thought. This article, beginning in the Mediterranea...

Learn everything you need to know about Buddhism in this clear and straightforward new guide. This book highlights and explains the central concepts of Buddhism to the modern reader, with information on mindfulness, karma, The Four Noble Truths, the Middle Way, and more.

In common law jurisdictions, legal professionals cite facts and legal principles from precedent cases to support their arguments before the court for their intended outcome in a current case. This practice stems from the doctrine of stare decisis, where cases that have similar facts should receive similar decisions with respect to the principles. It is essential for legal professionals to identify such facts and principles in precedent cases, though this is a highly time intensive (...) task. In this paper, we present studies that demonstrate that human annotators can achieve reasonable agreement on which sentences in legal judgements contain cited facts and principles. We further demonstrate that it is feasible to automatically annotate sentences containing such legal facts and principles in a supervised machine learning framework based on linguistic features, reporting per category precision and recall figures of between 0.79 and 0.89 for classifying sentences in legal judgements as cited facts, principles or neither using a Bayesian classifier, with an overall κ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\kappa$$\end{document} of 0.72 with the human-annotated gold standard. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Stay up-to-date on the ethical and legal issues that affect your clinical and professional decisions! Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards details the ethical and legal issues that involve mental health professionals. Respected authorities with diverse backgrounds, expertise, and professional experience discuss contemporary theories emphasizing professional ethics, the ramifications of professional actions and decisions, and ethical standards on teaching, training, research, and publication. This informative handbook provides invaluable (...) up-to-date information and guidelines vital for every mental health professional. This book is a thorough examination of ethical behavior which can be used as a reference source for the professional or a textbook for graduate students. The handbook itself is divided into five sections. The first section is a detailed introduction of ethics, law, and licensing. The second section presents general ethical principles like competence, integrity, and respect for individual rights and dignity. The third section examines confidentiality, privilege, consent, and protection. The fourth section focuses on general ethical standards in practice, including sexual contact, multiple relationships, and bartering. The fifth section presents the ethical principles and standards in teaching, training, and research. Appendices include the Ethical Principles of Psychologists and Code of Conduct (American Psychological Association, 2002) and the Code of Ethics of the National Association of Social Workers (National Association of Social Workers, 1999). Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards discusses: the history of basic approaches and issues in ethical philosophy five fundamental areas in the process of developing competence the necessary ingredients for the mental health professional's practice of integrity aspirational versus enforceable standards of ethics concern for the welfare of others as a core ethical principle the notion of social responsibility in the ethics codes of psychologists and social workers ethical principles, statutes, and case law protecting privacy and confidentiality issues involving the therapist-patient privilege the "duty to protect" doctrine and relevant legal issues the dynamics of multiple relationships and boundary violations sexualized dual relationships between psychologists and patients possible conflict of interest in bartering for services the requirements and implementation of maintaining patient records to avoid ethical and legal problems possible ethical dilemmas involving referrals and fees much, much more This Handbook is an essential resource for all mental health professionals, including psychologists, psychiatrists, social workers, counselors, therapists, and graduate students in mental health and the related fields. Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards is the first of three volumes under this title. The following volumes will focus on forensic settings and special populations/special treatment modalities. (shrink)