By reconstructing the eighteenth-century movement of the Italian Enlightenment, I show that Italy’s political fragmentation notwithstanding, there was a constant circulation of ideas, whether on philosophical, ethical, political, religious, social, economic or scientific questions—among different groups in various states. This exchange was made possible by the shared language of its leading illuministi— Cesare Beccaria, Ludovico Antonio Muratori, Francesco Maria Zanotti, Antonio Genovesi, Mario Pagano, Pietro Verri, Marco Antonio Vogli, and Giammaria Ortes—and resulted in four common traits. First, the (...) absence of a radical trend, such as the French materialist-atheist trend and British Deism, or religious reformation. Second, the rejection of inhumane laws and institutions, capital punishment, torture, war and slavery. Third, the idea of public happiness as the goal of good government and legislation. And fourth, the conception of the economy as a constellation where social capital, consisting of education, morality, and civility, plays a decisive role. I conclude that the Italian Enlightenment, not unlike the Scottish Enlightenment, was both cosmopolitan and local, which allowed its leading writers to develop a keen awareness of the complexity of society alongside a degree of prudence regarding the possibility and desirability of its modernization. (shrink)

The primary appeal of stakeholder theory in business ethics derives from its promise to help solve two large and often morally difficult problems: (1) how to manage people fairly and efficiently and (2) how to determine the extent of a firm's moral responsibilities beyond its obligations to enhance its profits and economic value. This article investigates a variety of conceptual quandaries that stakeholder theory faces in addressing these two general problems. It argues that these quandaries pose intractable obstacles for stakeholder (...) theory which prevent it from delivering on its large promises. Acknowledging that various versions of stakeholder theory have made a contribution in elucidating the complex nature of firms and business decision making, the article argues that it is time to move on. More precise explications of the nature of modern firms focusing on the application of basic moral principles to different business contexts and situations are likely to prove more accurate and useful. (shrink)

Whether firms can be said to be moral agents and to have the capacity for moral responsibility has significant practical consequences. In most legal systems in the world, business firms are recognized as persons with the ability to own property, to maintain and defend lawsuits, and to self-organize governance structures. To recognize that these business persons can also act morally or immorally as organizations, however, would justify the imposition of other legal constraints and normative expectations on organizations. In the criminal (...) law, for example, the idea that an organized firm may itself have criminal culpability is accepted in many countries (such as the United States) but rejected in others (such as Germany). This book collects new contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the moral responsibility of firms. (shrink)

Although contemporary methods of environmental regulation have registered some significant accomplishments, the current system of environmental law is not working well enough. First the good news: Since the first Earth Day in 1970, smog has decreased in the United States by thirty percent. The number of lakes and rivers safe for fishing and swimming has increased by one-third. Recycling has begun to reduce levels of municipal waste. Ocean dumping has been curtailed. Forests have begun to expand. One success story is (...) the virtual elimination of airborne lead in the United States. Another is the rapid phase-out of ozone-layer depleting chemicals worldwide. Nevertheless, prominent commentators of diverse political persuasions agree in an assessment that conventional models of environmental law have “failed.” Many environmental problems remain unsolved: species extinction, global desertification and deforestation, possible global climate change, and continuing severe air and water pollution in urban areas and poor countries. What is more, successful environmental protection has come only at enormous economic cost. By the year 2000, the Environmental Protection Agency estimates that the United States will spend approximately two percent of its gross national product on environmental pollution control. Academic economists have pointed out the nonsensical inefficiency of many environmental regulations, but usually to no avail. (shrink)

Educar para la ciudadanía democrática parece ser la meta de las sociedades pluralistas, pero no para cualquier forma de organización democrática, sino la que entienda que el ejercicio de la autonomía personal y la formación dialógica de la voluntad son indispensables. Para alcanzar tal meta parece necesario cultivar el capital humano (destrezas técnicas y conocimientos), el capital social (habilidades sociales) y la prudencia para desarrollar una vida buena. Pero no sólo eso, también un sentido de la justicia, ejercido en el (...) marco del mutuo reconocimiento, en el marco de un diálogo no sólo lógico, sino también sentiente. Desgranar estos puntos es el objetivo del artículo. (shrink)

SECCIÓN PRIMERAMétodo, Historia, FundamentosCAPÍTULO I. Un ejemplo literario de Derecho penal del enemigoI. El capítulo cervantino de los galeotes como fundamento epistemológicodel Derecho penal del enemigoII. Las enseñanzas penales del pasaje cervantino.

En cierto sentido, la ética es hoy un valor en alza. Hay una demanda generalizada de ética o –para ser más exactos–, de moralidad: por todas partes se exigen y se echan en falta, actitudes y comportamientos morales en los distintos campos de la vida social: en la política, en los negocios, en la actividad profesional, en la investigación científica y sus aplicaciones, en la comunicación, etc.; y a esa preocupación moral le acompaña a su vez la demanda de reflexión (...) y orientación sobre cuestiones morales: es decir, de ética propiamente dicha. (shrink)

This paper aims at clarifying some of the most common issues that legal translators have to face when dealing with the translation of private normative texts, such as contracts or wills, which naturally emerge as the consequence and expression of legal or juristic acts in the scope of private law, in Spanish and English. To comprehend the differences and subtleties regarding legal communication between the common law and the continental law countries (specifically the United States and Spain, respectively), we must (...) unveil some essential clues for their translation and application in the global scope of professional interactions, thus creating a process of inter-legal communication, which takes place through the mutual interpretation and application of two, or more, legal traditions. Through the deployment of a generic or pragmatic analysis at textual or discursive and formal or superficial, strata, of two types of genre within the domain of private law (namely wills and tenancy agreements, or leases) this work aims to prove that both the civil law and the common law private instruments are translatable with respect to each other. An important proviso, however, is that their legal traditions and the genres that constitute the communicative tools of their specialised communities must be duly respected and kept in equilibrium, so that one does not overshadow and obliterate the other. Only in that way can the “convergence” of the two traditions truly enrich and strengthen national and international legal culture. (shrink)

This article interprets critiques of secularity and the related concept of history as progress in the work of Dipesh Chakrabarty and Judith Butler. At the same time, it defends their approach against the criticism voiced by Gregor McLennan. It shows that the postsecular conception of the politics of both authors is not just an attempt to open public space to a wider range of religious and cultural voices. Rather, it is a critique of the way in which political secularism and (...) the ideology of progress are used by the modern state to legitimize the exercise of its own power. Butler and Chakrabarty's postsecular policy is thus based primarily on coalition building against these legitimization frameworks, which opens up the possibility of forming new postsecular political subjects. It illustrates the theoretical approach of both authors with an example of the church sanctuary movement in Germany. (shrink)

A partir de una aclaración de lo que hoy se entiende por "individualismo" se muestra que quienes defienden un individualismo responsable y una ética indolora, forma de moral triunfante en las sociedades con democracia liberal, se equivocan al proponerlos como los factores que hay que potenciar para proporcionar recursos morales a las democracias occidentales. Sin solidaridad no hay libertad universal ni ausencia de dominación. Como alternativa se esboza una moral del hombre enamorado, a la vez creador y responsable, que no (...) necesita recurrir a obligaciones o sanciones. (shrink)

The purpose of the present paper is to unveil whether the power distance/textual complexity duality attributed ordinarily to legal language applies to two different documents which are widely deployed, interpreted and applied in the global scope of commercial trade and communications, namely Lloyd’s Institute Cargo Clauses and the London International Court of Arbitration Rules. In choosing two texts which are the direct product of the law-making machinery of the Common law system, but which are used internationally, we ultimately undertake to (...) research whether opacity is really inherent to legal texts in English with an international scope of implementation. To scrutinise, illustrate and argue on the degree of difficulty and power distance in such legal instruments, the perspective of genre has been chosen as the most effective of instruments provided by current Applied Linguistics. Genre analysis permits to identify the genre or genres of a specialised professional community connected to the communicative group it comes from, the audience that receives it, the historical and cultural background and the extra-textual reality it aims to represent. The goal of our study, carried out through different levels: formal, discursive and, mainly, pragmatic, is to discern whether there exists any possible equation between power and textual complexity, and the consequences this entails for the understanding of the nature of these major international texts. (shrink)

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

The present work examines the role of persuasive lexicon in legal discourse through the analysis of emotional devices at a lexical and rhetorical level. Our preliminary premise is that emotion is deployed by experts to convey the sentiment of shared values and epistemic trust: the need to rely on the tenets of the law as fair and conducive to the common good. The corpus of our study is constituted by the conclusions in their original Spanish, and their translation into English, (...) by the Advocate General Manuel Campos on the challenge by Hungary and Poland of the regulation establishing a “conditionality regime” in the event of a rule-of-law breach in a EU Member State. To this end, we undertake a two-pronged analysis of legal persuasion to find out what emotional devices are deployed to convey the rule-of-law principles of justice, non-discrimination, equality and solidarity. At a first stage, we concentrate upon the polarity and intensity of emotion words and their categories. Emotional implicatures in the shape of legal technolects and metaphorical ontologies and the way they are deployed in each text constitutes the second part of our study. Among our conclusions are that both the original and target texts have a strong persuasive character, mainly grounded in the negative emotion of fear and the positive emotion of trust, and that there are variances in the emotional language deployed in either version due to the different mechanics of each law system and to functional differences between English and Spanish. (shrink)

The present research study carries out a contrastive analysis between two corpora of legal opinion columns as special types of genres, with a view to assess their opposing patterns of impersonality—authorial detachment—and attitude—emotion, judgment, appreciation, taking as a point of departure appraisal theory, or the interpretation of Halliday's Systemic-Functional Linguistics by the so-called Sydney School. The long-established perspective is that legal genres are highly impersonal; authoritative instruments representing an intentional exercise of elitist and exclusionary practices. However, the hypothesis embedded in (...) the present study is that some texts, such as news editorials and op-eds, constitute hybrid genres where the writer makes use of all kinds of inducement devices to support his/her theses with effectiveness and credibility, nonetheless retaining one of the basic traits of monogloss legal discourse: impersonality. However, it is hypothesized that this hybridity is to take place in different degrees, in tune with the influence exerted by legal system that constitutes the background of each corpus. To prove such a point, 40 legal op-eds—roughly, a thirty-five-thousand-word corpus in English and Spanish overall—were scrutinized, having been extracted from the specialized legal sections of two national newspapers of undisputed prestige as opinion-formation media. Through a contrastive study, the purpose of the present work was set to describe, explain and assess how lexicogrammar devices unveil interesting differences between the expression of impersonality and attitude in legal opinion columns as genres in either language, hence reflecting different ways in which the law is envisioned in each of the particular legal systems they belong to. (shrink)

In today's world two narrations are vital for understanding human bonds: the account of reciprocal recognition, the Covenant, as told in the book of Genesis, ...

Artículo con motivo del fallecimiento de Karl-Otto Apel.

Focusing on media discourse and adopting a Critical Discourse Analysis—linguistic and rhetorical—perspective, this paper explores the role of the media in influencing citizens’ behaviour towards the COVID-19 crisis. The paper evaluates the set of potentially persuasive lexical items and emotional implicatures used by two quality newspapers, i.e. The Guardian and El País, to report on the pandemic during the three waves—the periods between the onset and trough of virus contamination—that occurred until March 2021. A representative, ad-hoc, comparable corpus was compiled (...) in English and Spanish comprising the news on the pandemic that appeared in the aforementioned newspapers during the three established time periods. The corpora were uploaded to Sketch Engine, which was used to first detect and analyse different categories of word frequency, and then assign negative or positive polarity. Lexical keyness was secondly analysed to categorize emotional implicatures of control, metaphors, signals of epistemic asymmetry and positive implicatures in order to discern how they become weapons of negative or positive persuasion. The ultimate end of the study was to critically analyse and contrast the lexicon and rhetoric used by these two newspapers during this time period so as to unveil the stance taken by governments and health institutions—voices of authority—to disseminate words of control and persuasion with the aim of exerting influence on the behaviour of citizens in UK and Spain. (shrink)

Efectivamente, esta época nos depara demasiados ejemplos de las consecuencias de la falta de ética en las conductas de muchas personas con responsabilidades políticas y sociales. Y es preciso recordar que la ética "sirve.

In the original publication of the article, the word “Appraisal” was omitted in the article title. It was updated in this correction. The original article has been corrected.