In this article, the author aims to demonstrate how Agamben’s concept of Homo Sacer is ideally epitomized by a soldier in war. A soldier in war holds a peculiar position, as killing of soldiers is considered neither illegal by laws nor immoral by ethics, and so a soldier is not considered to be legally or morally “guilty” in the usual sense of the word if he or she kills another soldier in war. The author analyzes the notion of Homo Sacer (...) – a figure representing a human that can be killed without the killer being punished, but at the same time someone who cannot be sacrificed – and further demonstrates that a soldier in war can be said to hold precisely such a status. The reason why a soldier cannot be sacrificed resides in the fact that he has already been “sacrificed to war” by his own society, in exchange for the safety of all other members of society. Perceiving a soldier as Homo Sacer provides a novel explanation and an additional argument for the moral symmetry of combatants, one of the pillars of non-revisionist Just War Theory, as all soldiers can be understood as persons sacrificed by their own societies. (shrink)

The Law Reform Association came in the wake of the Catholic Relief Act of April 1829, a period of mounting opinions for further constitutional change. Through the Law Reform Association, Bentham wanted to mobilise people to support the application of his philosophy in Britain and beyond. He argued that the English legal profession had a sinister interest in manipulating other members of society, and that only codification based on utilitarianism would rectify the defects of the common law. (...) By August 1830, 41 people had been contacted, and their attitude towards the prospect of Bentham’s Law Reform Association and his philosophy reflects the extent to which Bentham kept the hopes of the Enlightenment – for a rational basis for social organisation – alive. Although most law reformers maintained certain reservations towards Bentham’s criticism of the common law, many accepted his analytical empiricism and viewed him as an important cultural icon of the Enlightenment. They also used him to support their own versions of law reform schemes, especially in the case of Henry Brougham’s Law Amendment Society from 1844. (shrink)

ABSTRACTProfessional associations, once the bodies responsible for professional self-regulation, have lost regulatory power. Some have entered into co-regulatory arrangements with state or independ...

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds particularly relevant (...) in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

In pre-democratic – also pre-modern – times, religion had been at the centre of much of human life, filling the private as well as the public realm of people’s daily existence. However, with the change to democratic rule in major countries in the modern world (see, most influentially, Article 1 of the French Constitution after the French Revolution and the First Amendment to the Constitution of the United States, influencing all other democracies in their wake), religion has for the most (...) part reflexively been sidelined from public life. Or has it? Does religion not still hold a special place in law in democratic societies, but now in reverse? Firstly, whereas matters of religious faith had throughout the greater part of human history been included in matters of politics, it is now as a matter of course of law excluded, purposely so. Religion is thus still a ‘special case’, a unique aspect of humanity when compared to all other matters, in law as much as in politics and other aspects of public life. Secondly, in the post-secular cultural climate dawning across the world, matters of faith (religion, spirituality) are no longer as stringently excluded from public life, which impacts directly on how religion is touched upon in law, sociology, philosophy, music and other academic disciplines too. Our dawning post-secular age is bringing something new. Two scholars, who have been doing foundational work in this regard, have done so fully in parallel, not taking cognisance of the mutualities in their academic contributions. Otto in Munich, Germany, has been combining his two areas of expertise, the Pentateuch in the Hebrew Bible and the sociologist Max Weber, to indicate the trajectory through history of democratic impulses from Ancient Near Eastern founding documents into the current era. Benson in Sydney, Australia, has on his part been drawing on his expertise in law as practised in Canada and taught in Europe, South Africa and Australia to indicate how, in inclusively liberal democracies, law cannot justifiably be used to exclude religion from the public domain, as has been the usual modern case. Drawing together these parallel contributions, Lombaard places these initiatives within the emerging post-secular climate, which augurs a different way of being religious or non-religious, publicly as much as privately, in democratic societies in our time. (shrink)

Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be (...) drawn from it. The article sketches out an alternative conception of international ‘civil association’, one that transcends the boundaries of communities. It is argued that such a notion of civil association is both possible and at the same time anchored in the experiences of the modern state. It is suggested that this notion of international civil association, when sustained by an adequate legal conception, promotes the enforcement of moral and political responsibility acr... (shrink)

This volume forms part of a series exploring key issues in ethics, law and society, published in association with the Cardiff Centre for Ethics, Law and Society. The collection is a celebration of the approach and values embraced within previous volumes in the series. The works collectively address new technological, social, and regulatory developments and the fresh ethical dilemmas these pose, but quite critically, also compel an urgent revisiting of social and legal issues that were once the (...) subject of controversy but which have fallen out of the line of sight of academics, politicians and policy-makers. Bringing together selected papers, the editors seek to make apparent the thematic links between contributions in presenting works written by a group of international experts in response to specific ethical issues, including topics on the ethics of care, theorising ethics, body politics and governance; as such, the collection is multidisciplinary in approach, seeks to appeal to a broad audience and provides a valuable resource for all those concerned with contemporary ethical issues. This fifth and final volume bring the series to a close and is dedicated to the memory of Dr Jennifer Gunning. (shrink)

Hedley Bull, in the passage in The Anarchical Society which introduces the ‘three competing traditions of thought’ associated with the articulation of the modern states-system, cited Otto von Gierke as the originator of this influential way of organising international theory. This article examines Gierke's work in order to assess the extent of the influence on the English School that can be ascribed to him. It argues that in fact Gierke's version of the three traditions bears little resemblance to that (...) of Bull, and that by ‘international society’ Gierke was referring to confederal structures of political power. Through an analysis of a significant strand of American revolutionary thought, the paper seeks to demonstrate the potential that further attention to the Gierkean understanding of international society could have for advancing the English School's research programme and building on its achievements. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories (...) or the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

Ulrich Beck characterized the transition from modern to late modern society as a shift from an industrial to a “risk society.” Contemporary society is challenged by negative side effects of modernization, including the increasing and imminent threat of global climate change. This article will test the validity of conceivable prescriptive elements associated with this sociological theory. In doing so, it will focus on the most recent legal developments aimed at tackling climate change within the EU. This paper (...) finds that the precautionary approach is unable to sufficiently shape balanced legal intervention in this day and age. However, the approach adopted by the EU appears to be more successful in this respect. (shrink)

This book argues that Michael Oakeshott's political philosophy contributes to current debates in normative international theory and international political theory on the historical, social, and moral dimension of international society. Davide Orsi contends that the theory of civil association may be the ground for an understanding of international society as a rule-based form of moral association constituted by customary international law. The book also considers the role of evolving practices of morality in debates on international justice. (...) Orsi grounds this work on a study of Oakeshott's philosophical arguments and compares the Oakeshottian perspective to recent constructivist literature in International Relations. (shrink)

The study of law and information technology comes with an inherent contradiction in that while technology develops rapidly and embraces notions such as internationalization and globalization, traditional law, for the most part, can be slow to react to technological developments and is also predominantly confined to national borders. However, the notion of the rule of law defies the phenomenon of law being bound to national borders and enjoys global recognition. However, a serious threat to the rule of law is looming (...) in the form of an assault by technological developments within artificial intelligence (AI). As large strides are made in the academic discipline of AI, this technology is starting to make its way into digital decision-making systems and is in effect replacing human decision-makers. A prime example of this development is the use of AI to assist judges in making judicial decisions. However, in many circumstances this technology is a ‘black box’ due mainly to its complexity but also because it is protected by law. This lack of transparency and the diminished ability to understand the operation of these systems increasingly being used by the structures of governance is challenging traditional notions underpinning the rule of law. This is especially so in relation to concepts especially associated with the rule of law, such as transparency, fairness and explainability. This article examines the technology of AI in relation to the rule of law, highlighting the rule of law as a mechanism for human flourishing. It investigates the extent to which the rule of law is being diminished as AI is becoming entrenched within society and questions the extent to which it can survive in the technocratic society. (shrink)

This chapter contains sections titled: Externalist Accounts Internalist Accounts Descriptivist Accounts Naturalized Jurisprudence Conclusion References.

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

This article focuses upon defamation law in Australia and its struggles to adjust to the digital landscape, to illustrate the broader challenges involved in the governance and regulation of data associations. In many instances, online publication will be treated by the courts in a similar fashion to traditional forms of publication. What is more contentious is the question of who, if anyone, should bear the responsibility for digital forms of defamatory publication which result not from an individual author’s activity online (...) but rather from algorithmic associations. This article seeks, in part, to analyse this question, by reference to the Australian case law and associated scholarship regarding search engine liability. Reflecting on the tensions involved here offers us a fresh perspective on defamation law through the conceptual lens of data associations. Here the focus of the article shifts to explore some wider questions posed for defamation law by big data. Defamation law may come to play a significant role in emerging frameworks for algorithmic accountability, but these developments also call into question many of its traditional concepts and assumptions. It may be time to think differently about defamation and to consider its interrelationship with privacy, speech and data protection more fully. As a result, I conclude that the courts and policymakers need to engage more deeply and explicitly with the rationale for the protection of reputation and that more thought needs to be given to changing conceptions of reputation in the context of data associations. (shrink)

In Western societies advance directives are widely recognised as important means to extend patient self-determination under circumstances of incapacity. Following other countries, England and France have adopted legislation aiming to clarify the legal status of advance directives. In this paper, I will explore similarities and differences in both sets of legislation, the arguments employed in the respective debates and the socio-political structures on which these differences are based. The comparison highlights how different legislations express different concepts emphasising different values accorded (...) to the duty to respect autonomy and to protect life, and how these differences are informed by different socio-political contexts. Furthermore each country associates different ethical concerns with ADs which raise doubts about whether these directives are a theoretical idea which is hardly applicable in practice. (shrink)

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange (...) of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' (...) of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives. (shrink)

The article defects priority idiological and centenary positions of the Ukrainian society in the 19th century. The acceptance of consciousness and self-relevant is characterized by a comprehensive analysis. The aim and the tasks: вy working out ethical and philosophical literature, to justify the establishment of dignity of personality in the conditions of domestic cultural and socio-political selfdetermination of the late twentieth century.Research methods are the main methods of research are historical, structuralfunctional, systemic and comparative. To solve specific research tasks (...) also used the principles of systemicity, objectivity, ascension from abstract to concrete, etcEmphades of a new state in ethical and phylosophic keys, analyzes the values of Ukrainians, slogans, native ideas are analyzed. Research results: Scientifically illustrated embodies of the national self-release of the Ukrainian society: Selfrelease of the Naziological State Ukraine: Sovereignty of Ukraine (1985-1991 gg.); Nassional State Formation of Ukraine in the conditions of socio-purity and socioeconomic neoperedelenost (1992-1996 gg.); Creation of oligarchata as a diverse manifestation of a democratic regime in Ukraine (1996-2004 gg.); Polarization of the Farility (2005-2014 gg.); Thick ethape, which is purely formally defined as "post-revolutionary". The author exemplary aspects of the social realities of the reorganization, and the presentation of honor and dignity of the license. Discussion. It is condemned that for the self-release of the national state, the slide of restructuring of steel, the significant income from the public discourse of the topics of repressions, reversed to the families of the species of culture, science, public expressions, popularization of the creativity of the dyspasses and diaspree Figur. Conclusion. In such a way, the protest in the second half of the 1980s is Pastepeno Gladenna, which has received the introduction of privacy in its own participants.Many were re-enriched, rising from the laurel of the prison establishment, the inside of the country, and in the finishing of the bobs for Naziovnoye venereal, the rule of law and market economy. The dignity of a person on the day of restructuring, in the whole, was disturbed from the ancestors of the historical objects of the maintenance of the specialty – Ego Simbiosis with such categories, as freedom, will be, independence. (shrink)

This paper presents the metaphysics of liberal rights reasoning on one hand and that of demographic reasoning on the other, as exemplifying two worldviews that both compete and complement each other in the contemporary German public debate on demographic decline. First, this essay outlines the way in which liberal theorists of various outlooks, perfectionist and neutralist alike, assume that a wide range of rights serves not only the interests of those individuals who possess them, but that it constitutes the foundations (...) of a just and stable political order in general and therefore is to the advantage of everyone. Second, the essay explains how demographic reasoning questions the assumption of harmony shared by the liberal approaches. Third, it provides an impression of the way in which demographic arguments have been deployed in the public sphere in Germany in the last few years. These arguments associate the autonomy of women with the demise of Germany. They claim that by encouraging women to pursue self-realization as self-interested individuals, the modern secular ethos of Germany as a democratic welfare society may be self-destructive in the long run, since it leads to sub-replacement fertility. Finally, the essay stresses that liberal and demographic perspectives share a “blindness” of historical events. In response, the conclusion brings history back in, by historicizing both demographic reasoning and demographic developments in Germany, with the aim of defusing some of the anxieties that may have been aroused by the current debate. (shrink)

Even in its limited state-based form, human law owes its existence to the natural physical world with its self-created value systems. What is understood as human law is grounded in human-nonhuman entanglements, themselves a subset of a multi-dimensional natural nomos consisting of the intricately connected normative worlds of animals, plants, earth, and cosmos. Complex and intersecting plural normative fields include those associated with the nonliving world, the multiple ontological worlds produced by life forms, and the many strata of human becoming (...) – cultural, cognitive, social, and representational. As plural the nomos contains many irreducible dimensions. Normative fields intersect, hybridise, and clash; they can mutually strengthen and also negate other normativities. In this article, I set out and explore some dimensions of the plural nomos with a focus on living beings, notably the connectedness of being, knowing and normativity. The living nomos co-emerges with being and with the embodied knowledge of even the simplest forms of life. Life is both cognitive and normative; living beings inherit ancestral norms but, in living and adapting, life creates new norms, biological, cultural, and behavioural. The living-knowing being is always normative – produced by the norming processes and constraints of life and matter at large. Normative elements are a critical part of the ontological and epistemological embeddedness of human beings in more than human worlds. Before law (or knowledge) can be about life, it is also of or from life. Expanding the analytical frame of law in this way is one method by which we might reshape western narratives of law, with the aims of promoting better openness to First Nations laws, discouraging western cultural superiority and human exceptionalism, and moving toward a more eco-sensitive view of the continuity between human law-culture-society and the natural world. (shrink)

It is a pity that the question about the proper purpose of law has so often been formulated in terms of ‘the enforcement of morals’. Not only is that issue highly charged with emotion, but the sense of the expression is unclear and, taken in any ordinary sense, its importance is marginal. What Lord Devlin seems chiefly to be arguing, when he supports the enforcement of morals, is that there are in any society certain central institutions which receive and (...) deserve protection by law and that without such protection the society in question would disintegrate. His examples in our own society are monogamy and private property. It is true that these institutions are closely bound up with parts of our morality in two different ways: certain moral prohibitions are defined in terms of them, e.g. adultery and theft; a host of obligations is associated with them upon whose general acceptance and discharge their continuance depends. But it is only in an extended sense that one could describe the institutions themselves as parts of the common morality. It is possible, therefore, to hold that the law may properly be used to protect such institutions without necessarily taking the further step of maintaining that their protection requires and justifies legal prohibition of acts which offend against the associated morality. Professor Hart states this position clearly : ‘What is essential and to be preserved is the essential core. On this footing it would be an open and empirical question whether any particular moral rule or veto, e.g. on homosexuality, adultery or fornication, is so organically connected with the central core that its maintenance and preservation is required as a vital outwork or bastion.’. (shrink)

The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in the West, (...) particularly in Anglophone countries, which has crystallized as the tradition of ‘liberal legalism’, is in a state of crisis. Rather than being taken as a cause for despair at the legal traditions of East and West, this challenge could be taken as an opportunity to fundamentally rethink the basis of the law and its role in society and civilization. To overcome the deficiencies in the theory and practice of law in so-called ‘liberal democracies’ I will argue here that it will be necessary to revive and develop the philosophies of law associated with the ‘Radical Enlightenment’. (shrink)

This groundbreaking work on logic by the brilliant 19th-century English mathematician George Boole remains influential to this day. Boole's major contribution was to demonstrate conclusively that the symbolic expressions of algebra could be adapted to convey the fundamental principles and operations of logic, which hitherto had been expressed only in words. Boole was thus the founder of today's science of symbolic logic. Summing up his innovative approach, Boole stated, "We ought no longer to associate Logic and Metaphysics, but Logic and (...) Mathematics." As the great English logician Augustus De Morgan later put it, in praise of Boole, his genius consisted in showing that "the symbolic processes of algebra, invented as tools of numerical calculation, should be competent to express every act of thought, and to furnish the grammar and dictionary of an all-containing system of logic." The Laws of Thought lays out this new system in detail and also explores a "calculus of probability." The story of Boole's life is as impressive as his work. Besides rudimentary lessons from his father and a few years at local schools, Boole was largely self-taught. Revealing his aptitude for many subjects at an early age, he began his career already at age 16 as a teacher at a village school. In his leisure time he tackled the daunting works of Newton, Laplace, and Lagrange on physics and mathematics. By the age of twenty-four he was submitting original papers to the Cambridge Mathematical Journal and at age twenty-nine he won a medal from the Royal Society for his contributions to mathematical analysis. He continued to so impress his contemporaries that five years later he was appointed professor of mathematics at Queens College, Cork in Ireland, even though he had no university degree. At his untimely death of forty-nine, Boole could never have guessed that his new symbolic logic would become essential in the next century for telephone switching and the design of computers. For this practical reason, as well as the sheer intellectual importance of his accomplishment, The Laws of Thought merits our attention today. (shrink)

This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.

BackgroundAn analysis of the position statements of secular US medical and surgical professional societies on physician-assisted suicide (PAS) and euthanasia have not been published recently. Available statements were evaluated for position, content, and sentiment.MethodsIn order to create a comprehensive list of secular medical and surgical societies, the results of a systematic search using Google were cross-referenced with a list of societies that have a seat on the American Medical Association House of Delegates. Societies with position statements were identified. These (...) statements were divided into 5 categories: opposed to PAS and/or euthanasia, studied neutrality, supportive, acknowledgement without statement, and no statement. Linguistic analysis was performed using RapidMinder in order to determine word frequency and sentiment respective to individual statements. To ensure accuracy, only statements with word counts > 100 were analyzed. A 2-tailed independentttest was used to test for variance among sentiment scores of opposing and studied neutrality statements.ResultsOf 150 societies, only 12 (8%) have position statements on PAS and euthanasia: 11 for PAS (5 opposing and 4 studied neutrality) and 9 for euthanasia (6 opposing and 2 studied neutrality). Although the most popular words used in opposing and studied neutrality statements are similar, notable exceptions exist (suicide,medicine, andtreatmentappear frequently in opposing statements, but not in studied neutrality statements, whereaspsychologists,law, andindividualsappear frequently in studied neutrality statements, but not in opposing statements). Sentiment scores for opposing and studied neutrality statements do not differ (mean, 0.094 vs. 0.104;P = 0.90).ConclusionsFew US medical and surgical societies have position statements on PAS and euthanasia. Among them, opposing and studied neutrality statements share similar linguistic sentiment. Opposing and studied neutrality statements have clear differences, but share recommendations. Both opposing and studied neutrality statements cite potential risks of PAS legalization and suggest that good palliative care might diminish a patient’s desire for PAS. (shrink)

In this manuscript, we introduce a theoretical model of climate radicalization that integrates social psychological theories of perceived unfairness with historical insights on radicalization to contribute to the knowledge of individuals’ processes of radicalization and non-radicalization in relation to climate change. We define climate radicalization as a process of growing willingness to pursue and/or support radical changes in society that are in conflict with or could pose a threat to the status quo or democratic legal order to reach climate (...) goals. We describe how perceptions of unfairness can play a pivotal role in processes of climate change related radicalization. Without taking any position or judgment regarding climate concerns and associated actions, we suggest that although these behaviors drive many people to participate in peaceful climate protest, they may also lead others to radicalize into breaking the law to achieve their climate goals, possibly in violent ways. This process of climate radicalization, we argue, can be driven by people perceiving certain situations to be blatantly unfair. Specifically, we discuss how radical attitudes and behaviors can be products of perceived unfairness stemming from the past, the future, the immediate social environments of perceivers, as well as those that are spatially distant from them. We further argue that because radicalization processes are shaped by an interaction between individuals and movements, on the one hand, and societal actors and developments, on the other, they tend to develop in non-linear and dynamic ways. We therefore propose that climate radicalization is a dynamic, contingent, and non-linear process, often of an escalating kind, that develops over time, through various interactions between individuals and their contexts, and in which people and groups move back and forth from peaceful protest, through disobedient and unlawful methods, to violent actions. Implications, strengths, and limitations of our model are discussed. (shrink)

What are the principles of association that citizens devoted to different ethical and religious ideals or peoples living under different regimes can find reason to acknowledge together? Defining the common ground which reasonable people can share, despite their profound disagreements, has been the distinctive concern of John Rawls’ political philosophy since A Theory of Justice. Rawls’ second book, Political Liberalism, recast his theory of justice as fairness in a form no longer tied to a Kantian view of the moral (...) life as a whole. “Political liberalism” revolves around the idea of “public reason”, the shared point of view which free and equal citizens assume when, abstracting from their opposing comprehensive doctrines, they decide constitutional essentials and matters of basic justice in the light of a principle of reciprocity. “The Idea of Public Reason Revisited,” originally published in 1997, forms the second part of the present volume. This essay offers perhaps Rawls’ final statement of his ideal of a just society. Yet its role in this book is to provide the background for an account of the just coexistence of diverse societies. “The Law of Peoples” was the title of the Oxford Amnesty Lecture that Rawls delivered in 1993. Refined and expanded, the theory he then proposed is given here its first full-scale exposition, and my remarks focus on this part of his book. (shrink)

Both as cardinal and as Pope Benedict XVI, one of Josef Ratzinger's consistent concerns has been the foundational moral imperatives of the natural law. In 2004, then Cardinal Ratzinger requested that the University of Notre Dame study the complex issues embedded in discussions about "natural rights" and "natural law" in the context of Catholic thinking. To that end, Alasdair MacIntyre provided a substantive essay on the foundational problem of moral disagreements concerning natural law, and eight scholars were invited to respond (...) to MacIntyre's essay, either by addressing his work directly or by amplifying his argument along other yet similar paths. The contributors to this volume are theologians, philosophers, civil and canon lawyers, and political scientists, who reflect on these issues from different disciplinary perspectives. Once the contributors' essays were completed, MacIntyre responded with a closing essay. Throughout the book, the contributors ask: Can a persuasive case for a foundational morality be made etsi Deus daretur? And, of course, persuasive to whom? The exchanges that take place between MacIntyre and his interlocutors result, not in answers, but in rigorous attempts at clarification. __Intractable Disputes about the Natural Law__ will interest ethicists, moral theologians, and students and scholars of moral philosophy. "Lawrence Cunningham has assembled an esteemed group of scholars to provide incisive analyses of the contemporary state of natural law theory, particularly in light of Alasdair MacIntyre's groundbreaking work. The essays are lucid, engaging, and intellectually sophisticated. __Intractable Disputes about the Natural Law_ _is a must-read not only for moral theologians, but for anyone concerned about the conceptual foundations of human rights, human dignity, and moral dialogue in pluralistic societies." --_Stephen J. Pope, Boston College_ "MacIntyre's first essay, on its own, would make this book an important scholarly contribution. But the ensuing contributions enable the book to flourish further, with contributions on subjects both readily associated with natural law and moral disagreement as well as those more creatively connected to the genesis of the text. Cunningham's volume both broadens and deepens contemporary thinking on a perennial topic, and will richly reward its readers." --_William C. Mattison III, The Catholic University of America_. (shrink)

The upheavals of late eighteenth century Europe encouraged people to demand greater liberties, including the freedom to explore the natural world, individually or as part of investigative associations. The Moravian Agricultural and Natural Science Society, organized by Christian Carl André, was one such group of keen practitioners of theoretical and applied scientific disciplines. Headquartered in the “Moravian Manchester” Brünn, the centre of the textile industry, society members debated the improvement of sheep wool to fulfil the needs of the (...) Habsburg armies fighting in the Napoleonic Wars. Wool, as the raw material of soldiers' clothing, could influence the war’s outcome. During the early nineteenth century, wool united politics, economics, and science in Brno, where breeders and natural scientists investigated the possibilities of increasing wool production. They regularly discussed how “climate” or “seed” characteristics influenced wool quality and quantity. Breeders and academics put their knowledge into immediate practice to create sheep with better wool traits through consanguineous matching of animals and artificial selection. This apparent disregard for the incest taboo, however, was viewed as violating natural laws and cultural norms. The debate intensified between 1817 and 1820, when a Hungarian veteran soldier, sheep breeder, and self-taught natural scientist, Imre Festetics, displayed his inbred Mimush sheep, which yielded wool extremely well suited for the fabrication of light but strong garments. Members of the Society questioned whether such “bastard sheep” would be prone to climatic degeneration, should be regarded as freaks of nature, or could be explained by natural laws. The exploration of inbreeding in sheep began to be distilled into hereditary principles that culminated in 1819 with Festetics’s “laws of organic functions” and “genetic laws of nature,” four decades before Gregor Johann Mendel’s seminal work on heredity in peas. (shrink)

While he rejects the paradigmatic method in its historic intent, Mr. Weiss has a good deal to say about "nonassociated man" as a model for the understanding of human association and its aims. It seems fair to say that it is really this paradigmatic element which enables Mr. Weiss to support comments on the inadequacies of the analytic and empirical procedures. If the process of analysis itself gives no clue to the elements to be discovered in analysis, and if (...) the empirical investigation of social life does not provide any key to the distinction between the essential and the irrelevant, then the clue or key must lie in some concept of man. For clearly the "socially habituated ways of acting" from which this dialectical procedure sets out do not themselves provide any infallible guide to what is essential and what is irrelevant, to what is beneficial and what is inimical, in human existence. To know what society, state, culture, and civilization are in essence is to have more than a knowledge of existing social forms themselves. The features of prevailing social patterns cannot alone suggest what is normative or ideal, unless ultimately what is is to be taken for what ought to be. (shrink)

From the very day in 1686 when Edmond Halley placed Book I of the Principia before the Royal Society, Robert Hooke's claim to prior discovery has been associated with the law of universal gravitation. If the seventeenth century rejected Hooke's claim summarily, historians of science have not forgotten it, and a steady stream of articles continues the discussion. In our own day particularly, when some of the glitter has worn off, not from the scientific achievement, but from the character (...) of Newton, there has been a tendency vicariously to atone for the treatment Hooke received. The judgement Lohne cites with approval from Vavilov appears to summarize the current estimate of the issue—in the seventeenth century only Newton could have written the Principia; nevertheless Hooke first sketched out its programme. What with all the knocks he has received both alive and dead, one feels guilty in assuming the role of “debunker” at this late date. Apologetically draped in sackcloth then, head covered with ashes I venture softly to suggest that Hooke has received more than his due. There is no question here of justifying Newton's behaviour toward Hooke. Wholly lacking in generosity as it appears to me, Newton's behaviour neither deserves nor can receive justification. The question turns rather on Hooke's scientific theories. Granting always his lack of demonstrations, historians have been prone to interpret his words in the light of Newton's demonstrations. A close examination of Hooke's writings does not sustain the interpretation. Contrary to what is generally asserted, he did not hold a conception of universal gravitation. And if he announced the inverse square relation, he derived it from such a medley of confusion as will not allow his claim to priority. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational--it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure--any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority--whether it be organized religion, the nation-state, or free-market capitalism--emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

Some psychologists working in the psychology and law field feel that the profession does not provide them with adequate ethical guidance even though the field is arguably one of the oldest and best established applied fields of psychology. The uncertainty psychologists experience most likely stems from working with colleagues whose professional ethics differs from their own while providing services to demanding people and the many moral questions associated with the administration of law. I believe psychology’s ethics does, however, provide adequate (...) moral guidance. It has a sound historical basis, has face validity and emphasizes those social moral principles that allow psychologists to best serve individuals and society. Psychologists may nevertheless be confronted with conflicting demands because there are other norm systems that also regulate their behavior as researchers and practitioners, and they, like all people, are influenced by their conscience. Ultimately, psychologists working in the psycholegal field will be best served if they have good knowledge of, and have internalized, the ethical principles of psychology. (shrink)

The backdrop for this thesis is provided by Troeltsch's far more detailed and extensive studies of the social doctrines of various Christian churches and groups. According to Troeltsch's interpretation, the reception of the Stoic concept of natural law is as crucial to Christian ethics as the reception of the concept of logos is to Christian dogmatics. Just as the concept of logos mediates between the truth of revelation and the truth of reason, so the concept of natural law mediates between (...) the moral demands of the gospel and the principles of a worldly ethos. Since there is a distinction between an absolute natural law, which is identical with the radical ideal of the Sermon on the Mount, and a relative natural law, substantially corresponding to the Ten Commandments and to political and social reality, such a mediation--which must be oriented on the relative natural law--must qualify the original radical Christian claim. Whereas the old church allowed both forms of the natural law to stand alongside each other without mediation and was therefore unable to overcome their estrangement within the surrounding social reality, the Christian Middle Ages succeeded in uniting both forms by replacing the distinction between the gospel and the world with a distinction between the natural and the supernatural, interpreting each as a level of a metaphysical whole. When this idea of a metaphysical hierarchy of reality, attached to the concept of natural law, became linked to the notion of society as a structured organism, as taught by Aristotle and Paul, the concept of natural law assumed a virtually fundamental status: it grounded both moral and social philosophy and enabled the rise of the "unified culture" characteristic of the Christian Middle Ages, from which the Reformation later departed in order to regain the radicalism of the gospel. By linking the concept of natural law to the organic interpretation of-the social, the Christian Middle Ages could also assign a central role to the church: just as the divine law is the bracket that binds together the levels of moral laws, so the church is the bracket that holds together the members of the social organism. Its interpretation as the "boundless, comprehensive, and guiding institution of salvation," together with the strong attachment of natural law to eternal and immutable principles, must, in the last consequence, lead to a "conservative, organically patriarchal natural law." Consequently, those elements that were already contained in the medieval form of the natural law but not in the Platonic interpretation of the social order, and which in its later secular form gave it its progressive, even revolutionary, power, remain repressed: the idea of the dignity of the person, the associated freedom and autonomy of individual reason, the-resulting responsibility of personal conscience, and the significance of one's vocation, which stems from the place of the individual within the whole. (shrink)

No one who attended the 2010 national public health law conference hosted by the Public Health Law Association and the American Society of Law, Medicine & Ethics could miss the sense of excitement and momentum. The revival of this annual public health law meeting, with the support of the Robert Wood Johnson Foundation, the energetic leadership of the PHLA president and board, ASLME’s expert guidance, and a rousing address by Dr. Tom Frieden, Director of the Centers for Disease (...) Control and Prevention, symbolize the continued commitment of a wide range of important individuals and institutions to the proposition that law is of substantial importance to public health. But there is more than just symbolism to be excited about. CDC’s public health law program continues to champion efforts to promote the use and understanding of law as a public health tool. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 170-184 [Access article in PDF] Music Education and LawRegulation as an Instrument Marja Heimonen Sibelius Academy, Helsinki, Finland Introduction Of all the fine arts, music has the greatest influence on passions; it is that which the law-giver must encourage most: a piece of music written by a master inevitably touches the feelings and has more influence on morality than a good book, (...) which convinces reason without affecting our habits. (Napoleon 1797) 1This essay examines the relationship between music education and law and focuses on extra-curricular music education for children and adolescents. 2 The tension between the general (law) and the particular (individual needs of each pupil) is described. However, achieving harmony is important both in law and in music. A composer may create a composite piece of music (order) out of fragments (disorder) 3 just as a judge creates order when he or she decides a legal case, or a law-giver enacts a statute that takes account of different kinds of interests of people usually represented by political parties or associations.The concept of freedom is also important both in music and in law. It has been stated that there is no freedom without boundaries. Legal norms that usually restrict the freedom of human behavior have an important role in creating [End Page 170] freedom: they can guarantee opportunities and circumstances for musical activities.In this paper certain legal aspects related to music education are approached in the light of two principles: the right to education and freedom in education. One of the aims is to discover what kind of regulative model would be suitable and would actually promote music education. The right to education refers to the right to music education and to the duty of the state to secure the relevant conditions and circumstances, whereas freedom in education refers to individual needs and choice regarding the content. The intention is to describe the educational and legal issues as they presently are particularly in Sweden, England, Germany, and Finland, and in the process of doing this to raise additional questions. Law as an Instrument The subtitle of this essay, "Regulation as an Instrument," refers to Aristotle's ideas about the law as a means of moral education. 4 In his view, the state has to educate its individual citizens in the exercise of virtue, since living according to virtue means living in harmony with one's own nature, this being the proper end of the individual. 5 Aristotle referred to virtue as a disposition that demands long and careful exercise. Thus, for him and his followers, the law becomes an instrument in moral education. 6Aristotle argued that moral education is one of the functions of music 7 because music has the power of forming character. 8 He was of the opinion that virtues manifest themselves in forms of activity. For instance, in order to acquire correct musical taste and judgment, free men should learn to play musical instruments; music education should include participation in actual playing. In general, Aristotle stressed the importance of education: "It is clear then that there should be laws laid down about education, and that education itself must be made a public concern." 9Aristotle's ideas on the good life have become the basis for many thinkers, especially communitarians. Liberal concepts, such as those presented by Ronald Dworkin, can be compared with communitarian conceptions of "the good" and the role of the state in promoting it. Liberal and communitarian approaches may be integrated as they are in "moral individualism" where the aim is to find a way to promote the moral development of an individual in a pluralistic, multicultural society. 10 The integration of communitarian and liberal views should help in finding a way to justify a positive role for the state in producing conditions and circumstances for the good, flourishing life. The content of a good life should not be directed by the state, although in practice the state cannot be completely neutral. Music is a part of the good life... (shrink)

Georg Simmel’s final work, The View of Life, concludes his lifelong engagement with Immanuel Kant by ‘inverting’ Kant’s Categorical Imperative to produce an ethics of authentic individuality. While Kant’s moral imperative is universal to all individuals but particular to their discrete acts, Simmel’s Law of the Individual is particular to each individual but universal to all the individual’s acts. We assess the significance of Simmel’s formulation of the Law of the Individual in three steps: First, as an articulation of an (...) ethical moment consonant with his relational approach to formal sociology, hinted at earlier in Sociology but not developed as such. Second, as a completion of the framework for Simmel’s formal sociology: the Law of the Individual conceptualizes a decisive but under-theorized relationship in Simmel’s vision of ‘society’ that is a woven fabric of social relationships, namely one’s relationship with oneself. We follow with a third proposal about how Simmel might have continued the line of thought he opens in The View of Life, suggesting that we can take the Law of the Individual as an invitation to fold the self-relation back into analysis of social relations, and to theorize how forms of association are shaped by forms of self-relation. We thus narrow the theoretical gulf between Simmel’s vitalism and his sociology, which commentators usually hold apart. And in so doing, we sketch a distinctively Simmelian approach to an ethics of individuality in sociological inquiry. (shrink)

Because research involving human subjects exposes people to risk not always for their own potential benefit, the question arises as to how best ensure that: research participants are protected and benefited according to the highest ethical standards, while, on the other hand, researchers are protected and free to do research that will produce clinical advances for both research participants and society as a whole.The balancing of the risk to research participants versus the benefits derived from the research is performed (...) in many counrries by a system for the protection of human research participants that is laid out in national laws and regulations. In the United States, this system is based on principles emanating from the Nuremberg Code, the World Medical Association Declaration of Helsinki,and the report of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (shrink)

The regularities in nature, simply by being regularities, call for explanation. There are only two ways in which we could, with any plausibility, try to explain them. One way would be to suppose that they are imposed on the world by God. The other would be to suppose that they reflect the presence of laws of nature, conceived of as forms of natural necessity. But the only way of making sense of the notion of a law of nature, thus conceived, (...) is by construing a law as the causing of the associated regularity, and the only remotely plausible account of such causing would be in terms of the agency of God. So, by whichever route, we are led to the conclusion that the regularities are brought about by God. So the presence of the regularities in nature provides us with a strong case for accepting the existence of God. (shrink)

The question of whether new rules or regulations are required to govern, restrict, or even prohibit the use of autonomous weapon systems has been the subject of debate for the better part of a decade. Despite the claims of advocacy groups, the way ahead remains unclear since the international community has yet to agree on a specific definition of Lethal Autonomous Weapon Systems and the great powers have largely refused to support an effective ban. In this vacuum, the public has (...) been presented with a heavily one-sided view of Killer Robots. This interdisciplinary volume presents a more nuanced approach to autonomous weapon systems that recognizes the need to progress beyond a discourse framed by the Terminator and HAL 9000. Re-shaping the discussion around this emerging military innovation requires a new line of thought and a willingness to challenge the orthodoxy. Lethal Autonomous Weapons focuses on exploring the moral and legal issues associated with the design, development and deployment of lethal autonomous weapons. The volume brings together some of the most prominent academics and academic-practitioners in the lethal autonomous weapons space and seeks to return some balance to the debate. As part of this effort, it recognizes that society needs to invest in hard conversations that tackle the ethics, morality, and law of these new digital technologies and understand the human role in their creation and operation. (shrink)

The author considers, first of all, recent and fairly recent interpretations of Plato’s dialogue the Crito, arguing that the character Socrates, whose expressed ideas probably correspond in major detail to the convictions of the historical Socrates, is not saying that the laws of Athens demand unquestioning obedience. The dialogue is rather an account of the debate that goes on in Socrates’s mind itself. A strong consideration in this debate is clearly the rule of law; but equally strong is Socrates’s lifelong (...) commitment to carry out what, in the end, he regards as the most reasonable course of action. The author then considers two contemporary ethical issues: our way of coming to know the natural law and the proper understanding of laws that allow of exceptions. Regarding the first, he argues—consistently with what we find not only in the Crito but also in Aristotle and Thomas Aquinas—that we come to know the natural law through being immersed in the laws and customs of a particular society: the more just the society, the better access to the natural law it provides. Regarding the second, he argues that an article in Aquinas is sometimes interpreted as suggesting that the realm of concrete human experience is beyond the reach of law. He argues, in the spirit of the historical Socrates, that the rule of law is equivalent to the rule of reason and that this does reach into the realm of concrete human experience, where exceptions are sometimes recognized as contained in the law. (shrink)

In Feb. 2022 Sungho Kimlee passed away. In his memory, we present this revised and abridged version of a portion of his dissertation, Factions and Orders: from Machiavelli to Madison. Sungho summarized the work as follows: “Since antiquity, thinkers have held that every society consists of two hostile orders – the few and the many. But they have disagreed on the proper method for defusing this civic divide, and their various proposed remedies can be classified into three approaches. The (...) first approach aims to eliminate the division between the rich and the poor by abolishing private property. Plato’s Republic inaugurated this method, which was later embraced with ambivalence by Thomas More and vigorously defended by Karl Marx. The second approach merely aims to contain the harmful effects of the binary civic divide. Plato proposed two methods for accomplishing this in the Laws: Plutarch championed the first method, and Aristotle the second. My dissertation traces the genealogy of the third approach – the method of supplanting the binary civic divide with more numerous divisions. This oft-neglected method was pioneered by Rousseau, who prescribed the creation of artificial divisions by the state as a remedy for majority factions. (shrink)

The potential use, relevance, and application of AI and other technologies in the democratic process may be obvious to some. However, technological innovation and, even, its consideration may face an intuitive push-back in the form of algorithm aversion (Dietvorst et al. J Exp Psychol 144(1):114–126, 2015). In this paper, I confront this intuition and suggest that a more ‘extreme’ form of technological change in the democratic process does not necessarily result in a worse outcome in terms of the fundamental concepts (...) of democracy and the Rule of Law. To provoke further consideration and illustrate that initial intuitions regarding democratic innovation may not always be accurate, I pose and explore four ways that AI and other forms of technology could be used to augment the representative democratic process. The augmentations range from voting online to the wholesale replacement of the legislature’s human representatives with algorithms. After first noting the intuition that less invasive forms of augmented democracy may be less objectionable than more extreme forms, I go on to critically assess whether the augmentation of existing systems satisfies or enhances ideas associated with democracy and the Rule of Law (provided by Dahl and Fuller). By imagining a (not too far-fetched) future in a (not too far-removed) democratic society, my conclusion is that, when it comes to democracy and the Rule of Law, intuitions regarding technology may lead us astray. (shrink)