Translation of: Talkhaios kitaab al-Akhlaaq, book 4.

Leading scholars have combined forces to produce this volume on the philosophy and legal views of Moses Maimonides (11381204) and the historical context in which he worked. The philosophical section examines Maimonides ethical~doctrine, his paradoxical life-style, his Guide of the Perplexed, his attitude to mysticism, his use of language, and his theory of astronomy. The legal section deals with law and medicine, the relation of Maimonides legal thought to the~Talmud, his doctrine of a just war, and his theory of redemption (...) and Messianism. The history section examines Maimonides accession to the position of head of the Jewish community in its historical context at the time of the rise of the Ayyubid dynasty under Saladin. (PRINT ON DEMAND). (shrink)

The controversies in Bristol, Alder Hey and elsewhere in the UK surrounding the removal and retention of human tissue and organs have led to extensive law reform in all three UK legal systems. This paper reports a short study of the reactions of a range of health professionals to these changes. Three main areas of ethical concern were noted: the balancing of individual rights and social benefit; the efficacy of the new procedures for consent; and the helpfulness for professional practice (...) of the new legislation and regulation. Recognition of these concerns may help in forging a new partnership between professionals and patients and their families. (shrink)

Psychiatric research is of critical importance in improving the care of persons with mental illness. Yet it may also raise difficult ethical issues. This article explores those issues in the context of a particular kind of research: psychosocial intervention research with control groups. We discuss 4 broad categories of ethical issues: consent, confidentiality, boundary violations, and risk-benefit issues. We believe that, despite the potential difficulties, psychosocial intervention research is vital and can be accomplished in an ethical manner. Further discussion and (...) research into these issues are warranted. (shrink)

vol. I. book I. The definition. book II. Being. book III. Attributes of being.--vol. II. book IV. Principles of being. book V. Causes of being.--vol. III (pt. I) book V [cont'd] Causes of being.

The protein tyrosine kinase activity of the v‐abl oncogene has been demonstrated to subvert the normal second messenger systems used by lymphoid cells for growth and differentiation. Transformation of bone marrow with the Abelson murine leukemia virus results in the appearance of B cell lineage cells arrested at the pre‐B cell stage. Recent reports have characterized these cells expressing high v‐abl kinase activity as deficient in detectable NF‐kB DNA binding activity and low level RAG gene expression. These observations suggest that (...) v‐abl may be inhibiting the differentiation of B cells by blocking these two crucial elements in the maturation pathway. (shrink)

In this paper, I consider the thesis advanced by Lawrence J. Schneiderman and Nancy S. Jecker that physicians should be forbidden from offering futile treatments to patients. I distinguish between a version of this thesis that is trivially true and Schneiderman and Jecker's more substantive version of the thesis. I find that their positive arguments for their thesis are unsuccessful, and sometimes quite misleading. I advance an argument against their thesis, and find that, on balance, their thesis should be (...) rejected. I briefly argue that a resolution of the debate about medical futility will require addressing deeper issues about value. (shrink)

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of (...) its rivals. This Essay aims to mark the distinction clearly! The basic idea can be explained by distinguishing two different moments or stages that occur when an authoritative legal text is applied or explicated. The first of these moments is interpretation – which I shall stipulate is the process that recognizes or discovers the linguistic meaning or semantic content of the legal text. The second moment is construction – which I shall stipulate is the process that gives a text legal effect. I shall then claim that the difference between interpretation and construction is real and fundamental. Although the terminology could vary, legal theorists cannot do without the distinction. One more preliminary point: the topic of this Essay is narrow and conceptual. This Essay, has three goals: to explicate the nature of the interpretation-construction distinction, to argue that this distinction marks a real difference, and to suggest that the distinction is helpful in that it enables legal theorists to clarify the nature of important debates, for example debates about constitutional interpretation. The Essay does not offer any particular theory of interpretation or construction – that it is, it remains agnostic about questions as to how linguistic meaning can be discerned or how legal content ought to be determined. Nor does this theory offer an account of the history and origins of the distinction. Those topics are important, but raising them in this Essay might shift attention away from prior questions about the nature and value of the distinction itself. Here is the roadmap. In Part II, this Essay shall discuss two preliminary sets of ideas: vagueness and ambiguity, and semantic content and legal content. In Part III, this Essay shall use these preliminary ideas to answer the questions, "What is interpretation?" and "What is construction?" In Part IV, this Essay shall consider some objections to the interpretation-construction distinction. In Part V, this Essay shall develop the argument that the distinction is fundamental and indispensable. (shrink)

Can Congress require AIDS service organizations to pledge fidelity to the government's view opposing prostitution as a condition of receiving funding? This term, the Supreme Court will decide whether the First Amendment permits such censorship in USAID v. Alliance for Open Society International (AOSI). The 2008 legislation reauthorizing the President's Emergency Plan for AIDS Relief (PEPFAR) requires host countries to support “activities promoting abstinence, delay of sexual début, monogamy, and fidelity.” PEPFAR's “conscience clause” allows organizations with a moral or religious (...) objection to opt out of providing services to patients with a sexual orientation of which they disapprove. In addition, the law requires grantees to adopt “a policy explicitly opposing prostitution” and to refrain from any speech or activities the government deems “inconsistent” with that policy. The antiprostitution pledge extends not only to what a recipient says or does with PEPFAR funds, but even to what it says or does with its own private funds. The government, however, has not enforced the pledge against U.S.‐based nongovernmental organizations partly because of a preliminary injunction granted by the lower courts. That injunction is now at risk if the Supreme Court upholds the loyalty oath. (shrink)

The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions (...) on particular issues and the fervor of their ideological passions. Part II, Institutionalism and Constitutional Interpretation, engages Cass Sunstein and Adrian Vermeule's recent essay, "Interpretation and Institutions." Sunstein and Vermeule contend that theories of constitutional interpretation are most fundamentally flawed because of their failure to take an institutional turn, but their supporting arguments lead to a related but quite distinct conclusion. Only a theory of judicial character can supply the diagnosis for the ills that Sunstein and Vermeule identify: constitutional theory must take an aretaic turn. Part III, Making the Aretaic Turn in Constitutional Theory, sketches an alternative approach to judicial review and constitutional interpretation that is rooted in contemporary virtue ethics. In Part IV, Constitutional Virtues and Vices, this sketch is given flesh and bones in the form of a theory of constitutional virtue and vice. Excellence in constitutional adjudication requires the virtues of judicial courage, judicial temperament, judicial temperance, judicial intelligence, and judicial wisdom (or phronesis). Most importantly, a virtuous constitutional interpreter must have the virtue of justice, which includes as components impartiality, lawfulness, and legal vision. Part V, The Aretaic Reconstruction of the Institutional Critique, returns to institutionalism as an approach to the theory of constitutional interpretation and argues that institutionalists cannot coherently refrain from making the aretaic turn. The article ends with speculation about the possibility of a path to the restoration of judicial virtue. (shrink)

Most people think of preemption as a technical, constitutional doctrine, but it is pivotally important to health and safety and opens the door to broad judicial discretion. The Rehnquist and Roberts Courts’ jurisprudence, with its support for both business and preemption, has been distinctly antiregulatory, invalidating major state public health rules in occupational safety, tobacco control, and motor vehicle safety, among other things.1 And apart from these antiregulatory stances, the Supreme Court has also been maddeningly inconsistent. Consider three relatively recent (...) cases. In its 2008 decision in Riegel v. Medtronic, Inc., the Court held that federal law bars injured consumers from challenging the .. (shrink)

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether (...) these options are desirable - whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans for constitutional reform or revolution. Frequently, normative constitutional theories are criticized on the ground that they are undesirable, unwise, on inconsistent with the best theories of political morality and legitimate legal authority, but sometimes one hears a very different form of criticism, expressed in locutions such as the following: That is unrealistic. That's not possible. That is pie in the sky. You are imagining castles in the air. Your suggestion is utopian. That isn't feasible. These objections invoke the idea of ephemeral constitutional possibility - constitutional options that are not real or actual possibilities. What are our constitutional possibilities? How should we think about the feasible choice set for constitutional change? What are the differences between ideal and nonideal theory? What role should the ideas of path dependency and second best play in constitutional theory? These inquiries cross the lines between normative, positive, and conceptual constitutional theory. At the conceptual level, we can ask what phrases like constitutional possibility, ideal theory, and the feasible choice set mean. At the level of positive constitutional theory, we can ask about the forces and institutions that condition constitutional possibility. At the level of normative constitutional theory, we can ask about the implications of constitutional possibility for political morality. Constitutional Possibilities proceeds as follows. Part I introduces the idea of ephemeral constitutional possibilities. Part II will cobble together a conceptual toolkit for thinking about possibility and necessity in constitutional theory: the tools include: (a) the distinction between ideal and nonideal theory, (b) the notion of a constitutional second best, and (c) an introduction to possible-worlds semantics. Part III will explore the implications of the resulting proto-theory of constitutional possibility in two stages: stage one will investigate the normative implications, whereas stage two will reconnoiter a set of standards for making modal claims in constitutional arguments. Part IV provides a case study in constitutional possibility by examining Sanford Levinson's proposal for a constitutional convention. Part V concludes with the problem of false constitutional necessity. (shrink)

John Stuart Mill is the father of modern liberalism. His most remembered work, On Liberty, which was published in 1859, changed the course of the liberal tradition. What is less well-known is that his ideas have profoundly influenced the American constitutional rights tradition of the latter half of the twentieth century. Mill's 'harm principle' inspired the constitutional right to privacy recognized in Griswold v Connecticut, Roe vs Wade and other cases. His defense of freedom of expression influenced Justices Holmes, Brandeis, (...) Douglas, Brennan and others and led to greatly expanded freedom of speech in the twentieth century. Finally, Mill was an ardent feminist whose last important work, The Subjection of Women, was a full-scale and, for its time, radical defense of complete gender equality. This is a book for lawyers who want to understand the intellectual origins of modern constitutional rights, and for political philosophers interested in the constitutional implications of Mill's conception of freedom. (shrink)

6. Leo J. Elders, S.V.D., The Greek Christian Authors and Aristotle7. Ian Mueller, Hippolytus, Aristotle, Basilides; 8. John P. Anton, The Aristotelianism of Photius's Philosophical Theology; 9. Therese-Anne Druart, Averroes: The Commentator and the Commentators; Contributors; Index.

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

I discuss the Principle of Double Effect (PDE) as a means of exploring aspects of the motivation of active voluntary euthanasia (a.v.e.). It is argued that the objective of a.v.e. is not death but the relief of suffering. Nor is death the means, it is a concomitant I entertain no hope of convincing the typical proponent of PDE that a.v.e. is morally acceptable. However, I point out that a central strength of the PDE is its insistence on due proportionality between (...) outcomes. When a.v.e. is appropriate, as sometimes it is, death is not out of proportion to the relief of suffering. (shrink)

The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal behavior through rational understanding. Communicative action is distinguished from strategic action--the use of communication to manipulate, deceive, or coerce. Part I offers an introduction. Part II outlines a hermeneutic approach to interpretation of the First Amendent. Part III explores and (...) criticizes existing theories of the freedom of speech. Part IV explicates Habermas's theory of communicative action. Part V developes a theory of the freedom of expression based on Habermas's theory of communication. Part VI applies that theory to particular problems in free speech doctrine. Part VII draws some conclusions about the implications of this exercise for the development of doctrine and the theory of communicative action. "Freedom of Communicative Action" was published in 1989, and some of the views expressed in the article are no longer affirmed by the author. (shrink)

Scientists and their supporters often portray as exasperatingly irrational all those laypersons who refuse to accede to practical recommendations issued by expert scientists and 'science appliers'. After first considering the latter groups’ standard explanations for such non-deference, which focus upon irrationalities besetting the laity, I will propose that a better explanation for at least some of the non-deference is that many laypersons are rationally electing to substitute their own judgments for those urged upon them by the scientific community. Science-based recommendations, (...) as I treat them, have the general form In light of the science on X, if you seek outcome O, you ought to V. Non-deferring laypersons deny the soundness or cogency of the V-supporting argumentation—though they are supposedly not competent to do so, given their gross epistemic inferiority to the scientific authorities who create and endorse the arguments. On account of thus being epistemically irrational, they end up being instrumentally irrational, pursuing courses of action that are poor choices for serving their own interests. The non-deferring laypersons are thought to violate two mandates of rationality: for internal deference to the underlying science as true enough to constitute an unproblematic background for decisionmaking, and for external deference to the practical application of that science to the concrete extra-scientific circumstances in question. I claim that rationality does not require categorical adherence to these mandates. In any given case, non-deference by some laypersons might be warranted by one or more of four distinct rationales. 1. Value-ladenness: The science-based recommendation discernibly includes non-scientific value-choice or value-weighting assumptions. It embodies a certain prioritizing of the plurality of specific values packed within its O parameter, and some laypersons may permissibly substitute their own. 2. Non-scientific-reasoning-ladenness: The science-based recommendation discernibly relies upon reasoning moves that are not distinctive to science, moves whose critical assessment demands no scientific expertise. Error-free reasoning is difficult to attain, and the laypersons may justifiably take themselves to have found weaknesses in the V-supporting argumentation that undermine the case for conformity to the recommendation. 3. Overgeneralization: The science-based recommendation discernibly is not adequately tailored to the specific situation of the laypersons in question. 4. Untrustworthy science: The science-based recommendation discernibly is based upon scientific research that is of doubtful quality. The first three rationales cast doubt upon the External Deference Mandate, questioning not the existence of sound underlying research but the recommendation’s judgments about how this research ought to be applied. The fourth is a challenge to the Internal Deference Mandate. (shrink)

What role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order? Or is religious disagreement itself a force that works to create consensus on some of the core commitments of constitutionalism--liberty of conscience, toleration, limited government, and the rule of law? This essay explores these questions from the perspectives of contemporary political philosophy and constitutional theory. The thesis of the essay (...) is that pluralism--the diversity of religious and secular conceptions of the good--can and should work as a force for constitutional consensus and that such a consensus is best realized through commitment to an ideal of public legal reason instantiated by the practice of legal formalism. The case for these claims is made in six parts. After the introduction, Part II, The Fact of Pluralism in the Context of Contemporary Religious Division, explores the idea of religious division in light of an important notion in political philosophy--the idea that John Rawls calls the fact of reasonable pluralism. Part III, Public Legal Reason, argues that the fact of pluralism has important normative consequences for the foundations of normative legal theory and argues for an ideal of public legal reason. Part IV, Legal Formalism, contends that this idea is best realized in constitutional practice through a formalist approach to constitutional interpretation--one that deliberately eschews direct reliance on religious and secular comprehensive conceptions of the good. Part V, Feasibility and Positive Theory, discusses the question whether this ideal of public legal reason and corresponding conception of constitutional formalism are realistic, given the constraints imposed by democratic politics under contemporary conditions. Finally, Part VI, Religious Division Revisited: From Pluralism to Formalism, brings the discussion to a close. (shrink)

In Lawrence v Gallagher, the issue as to what constitutes an equitable division of assets in the event of civil partnership dissolution arose for the first time. It had been hoped that the case would mark a break away from the heavy reliance upon heteronormativity that had been characteristic of the previous ancillary relief case law. However, it is argued here that what we see within the judgment is the Court of Appeal presenting the problem (and, so, the parties) (...) in Lawrence so as to ‘fit’ within the pre-existing framework. Even at this early stage, it seems that legal actors are approaching civil partnerships on the basis of gendered assumptions and expectations. There is a need to raise awareness of this inability to get past ideas about heteronormativity, and to highlight their possible incompatibility with the lives of lesbian and gay couples, before their radical potential is lost. (shrink)

This thesis is intended t0 help develop the theory 0f coalgebras by, Hrst, taking classic theorems in the theory 0f universal algebras amd dualizing them and, second, developing an interna] 10gic for categories 0f coalgebras. We begin with an introduction t0 the categorical approach t0 algebras and the dual 110tion 0f coalgebras. Following this, we discuss (c0)a,lg€bra.s for 2. (c0)monad and develop 2. theory 0f regular subcoalgebras which will be used in the interna] logic. We also prove that categories 0f (...) coalgebras are completc, under reasonably weak conditions, and simultaneously prove the wellknown dual result for categories 0f algebras. We dose the second chapter with 2. discussion 0f bisimulations in which we introduce a weaker 110tion 0f bisimulaticn than is current in the literature, but which is w€H—b€ha.v€d and reduces t0 the standard defmition under the assumption 0f choice. (shrink)