This paper offers an example of what may be called ‘an aesthetic history of legal and political thought’. Such a task engages in theorising historically the features of aesthetic traditions that enable and further normative inquiry, i.e. an exploration of the norms and values that might contribute to the good life and the common good. The three features offered in this paper as useful to identifying such aesthetic traditions are communality and interactivity, experimentalism, and exemplarity. The paper shows how each (...) of these features is present, in particular ways, in one specific aesthetic tradition, namely the declamatory tradition. Tracing the declamatory tradition back to Ancient Rome, and examining its influence in the English Renaissance, especially in Sir Thomas More’s response to Lucian’s declamatory thema, Tyrannicide, the paper argues that the particular ways in which declamatory practice combines the above three features enables those engaged in it to pursue normative inquiry. The paper argues that the integration of these three features is especially visible in one aspect of declamatory practice, namely the introduction and exchange of colores, i.e. changes in the narrative, introduced by declaimers and their audiences, which shed light on the possible motivation of a character, and thereby also invited shifts in affective allegiance and evaluative perspective. The paper argues that it is in large part through such introduction and exchange of colores that the declamatory tradition enables and furthers normative inquiry, and thus also offers a good reason for including the declamatory tradition in ‘an aesthetic history of legal and political thought’. (shrink)

This paper argues that not only does history matter to legal epistemology, but also that understanding legal epistemology can yield a certain understanding of the past. The paper focuses on the common law practice of precedent and argues that there is no set of rules, principles, reasons or material facts that constitute the fixed or foundational content of past decisions, but rather that what is taken by a judge resolving a particular dispute to be the content of past decisions depends (...) on the active and creative construal of relevance engaged in by that judge. Precedents are better thought of as `thick resources with dynamic content'. Such content is constrained by a variety of stabilising practices, but never so constrained as to determine how it can be construed to be relevant. This image of law's past may offer a general view of the past as something with which we can actively and creatively relate in the course of coping with the present. (shrink)

This essay examines the use of fictions in the reasoning of the House of Lords and United Kingdom Supreme Court in the context of two recent lines of authority on English tort law. First, the essay explores the relevance of counter-factual scenarios to liability in the tort of false imprisonment, in the light of the Supreme Court decisions in Lumba and Kambadzi. The second series of decisions is on causation in negligence claims arising from asbestos exposure. These cases have revealed (...) fundamental, ongoing judicial disagreement about the nature and extent of the exceptions made to general principles. The cases are also shown to lend force to Del Mar’s argument about the diachronicity of legal fictions. Overall, it is argued that such fictions play an important role in common law reasoning. (shrink)

This book provides a collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law, in five parts: 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.

The study of corporate social responsibility has been the object of much research in recent decades, although there is a need to continue investigating its benefits as a marketing tool. In the current work we adopt a multi-dimensional perspective of social responsibility, and we carry out market research to determine the perceptions of users of mobile telephone services about economic, legal, ethical and social aspects of their operating companies. With these data we determine the structure and components of the concept (...) of social responsibility. Subsequently, this is related with the overall evaluation of the service and loyalty by means of a model of structural equations, in order to determine the influence of corporate social responsibility on these concepts, and hence its benefits as a commercial tool. (shrink)

This article explores the maternal experiences of a heterogeneous group of 26 mothers from Granada. The aim is to analyse the needs and demands that these women express with regard to childrearing, using a qualitative methodology. The authors conducted in-depth interviews and analysed the discourses of the mothers following the hermeneutical method. The variables used for sample selection and the themes that emerged during the interviews revealed that the discourses of the mothers revolve around three dimensions: indifference, demands and resignation (...) regarding support for childrearing. The lack of paternal involvement in childrearing appears as a transversal dimension. This article shows that the material conditions of existence marked the differences in the responses of the women regarding support for childrearing, while the sexual division of labour and gender inequalities unified their discourses. (shrink)

This essay argues that the practical reason approach to the study of social conventions (and social normativity more generally) fails to adequately account for the fluency of social action in environments that we experience as familiar. The practical reason approach, articulated most recently in Andrei Marmor’s Social Conventions: From Language to Law (2009) does help us, though not wholly adequately, to understand how we tend to react to, and experience, unfamiliar situations or unfamiliar behaviors, that is, those situations in which (...) a certain practice becomes problematic or is problematized, or where we are obliged to, or moved to, justify or deliberate. The reason why the practical reason approach is not wholly adequate when it comes to understanding unfamiliar situations or unfamiliar behaviors is that it tends to subsume the unfamiliar under the familiar, that is, it tends to negatively evaluate anything that is deemed to be not in accordance with the rules and reasons already familiar to the observer. This excludes the possibility of the observer having to transform himself or herself, and thus change what is familiar to him or her. (shrink)

The concept of corporate social responsibility is becoming integral to effective corporate brand management. This study adopts a multidimensional and cross-country perspective of the concept and analyses consumer perceptions of behaviour of four leading consumer products manufacturers. Data was collected from consumers in two countries – Spain and the UK. The study analyses consumers’ degree of interest in corporate responsibility and its impact on their perception about the company. The findings here suggest a weak impact of company-specific communication on consumers’ (...) perception. The implications of this study are relevant to companies for strengthening their social responsibility associations with the consumers. (shrink)

Maks Del Mar’s book, Artefacts of Legal Inquiry: The Value of Imagination in Adjudication, proposes a rich and generative conception of judicial imagination. This essay reflects upon and then deplo...

What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. -/- Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic (...) involvement. -/- The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. -/- Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). -/- Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication. (shrink)

Review Essay of Stephen P. Turner, Explaining the Normative, 2010.

Stripping the Virgin Mary of the myths, stories, and dogmas surrounding her is a task that has particularly appealed to a branch of feminist theology which seeks to reclaim her as a figure of female empowerment. This article aims to explore the transformation of Mary’s body into an element of resistance in the work of some contemporary artists. By depicting her nude or semi-nude, artists disrupt the gender values commonly associated with the Virgin and open up alternative possibilities of affirmative (...) selfhood through her body. I contend that, in these works, the Virgin’s body functions as a ‘relational’ body that enters into dialogue with hitherto marginalized categories, such as the carnal, the sensual, the notion of fleshly materiality, or even the excluded sexualities of transgender people. (shrink)

This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings (...) and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas. (shrink)

The papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. The issues addressed include the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - such as literature, architecture, music, (...) painting, drawing and film - for law. (shrink)

This collection brings together the most important and influential papers theorising the changing relationship between law and science. The articles span historical overviews of the attempts by legal scholars to model legal science on scientific methodology, and the efforts by legal philosophers scrutinising the claims made on behalf of genetics and neuroscience as to their implications for law and legal concepts. The volume strikes a balance between those that seek to protect law's autonomy against the perceived unwelcome inroads of science, (...) and those that seek to shape and change law by incorporating the latest scientific developments. (shrink)

Heidegger, en su obra de 1925, Prolegómenos Para Una Historia del Concepto de Tiempo, realiza una revisión de la propuesta fenomenológica frente a la tradición filosófica, rescatando los descubrimientos de esta investigación: la intencionalidad, la intuición categorial, y el sentido originario de lo «a priori», así como la importancia del trabajo de Husserl para el desarrollo de la investigación filosófica. El concepto de intuición categorial toma para Heidegger relevancia, y lo caracteriza dentro de su investigación. Lo que aquí pretendo hacer (...) es presentar una interpretación de esta noción a partir de la idea de mundo como dimensión de la constitución de la aparición del ente. Como el mundo se presenta como un tema fundamental para la caracterización de la fenomenología Heideggeriana, intento esbozar una manera de aprehensión del mundo dentro de la ontología fundamental, por medio de la estructura del encontrarse, en alemán Befindlichkeit. Esto anterior, me permitirá analizar la particularidad de la fenomenología de Heidegger y, a la vez, mostrar las aproximaciones conceptuales entre Heidegger y Husserl, por medio de la revisión de dos conceptos: reflexión y epojé, pero siempre en relación al mundo. (shrink)

Este trabajo profundiza en un momento importante en la historia de la comunicación como lo fue el de la difusión de la imprenta y el desarrollo de las técnicas del grabado aplicadas a la impresión. Se estudian las imágenes del libro bíblico del Apocalipsis, ilustrado por el artista alemán Alberto Durero a finales del siglo XV. Para ello se ha ahondando en el contexto histórico en el que fueron producidas, en la personalidad y circunstancias que rodearon la vida del artista (...) y en las propias imágenes xilográficas rastreando sus antecedentes y características propias. This work focuses on an important moment in the history of communication such as the diffusion of the printing press and the development of the engraving techniques applied to printing. It studies in depth the images of the biblical book of the Apocalypse illustrated by the German artist Alberto Durero by the end of the fifteenth century. This article analyzes the historical context where they were produced, the personality of the artist and the circumstances surrounding his life, and the very own xylographic images, whose antecedents and characteristics are traced. (shrink)

This article aims to answer a core normative question concerning child poverty: What types of responsibilities should be assumed by the state and caregivers as the main agents of justice involved in the problem? By approaching this question, I aim to explore the complex triangulation between children, caregivers, and the state, as well as the paradox of the double role of caregivers as former victims and current agents of justice. In order to accomplish this, I will first present the internal (...) and external issues that arise when the focus is placed on the victims, and, secondly, when attention shifts to the perpetrators. Finally, I will advocate for the need to fundamentally reframe the debates, centering attention on the damage, on investing the construction of a culture of care that includes preventive measures to dismantle common prejudices about poverty and neglect, and on introducing measures to care for the caregivers as a necessary step to break the perpetuation of poverty. (shrink)

Hermeneutics is generally thought as a method in philosophy, which aims to unify efforts in order to resolve historical issues in determining the truth. Considerations about method gain importance to the human sciences in the nineteenth century with studies by Schleiermacher and Dilthey, but they are taken up by Gadamer within the ontological analysis of understanding, paving the way for the reflection of a hermeneutics that inevitably puts into play the ethical implications from discussions, which can be omitted to focus (...) only on method and not in the practice of this comprehensive exercise. The latter can be detailed in the analysis of the structure of self-understanding and comprehension in Gadamer’s hermeneutics and observe in turn the implications of this analysis in the study of human sciences and humanism. (shrink)

This paper examines undergraduate business students' perception of corporate social responsibility in cases in which they have not attended any specific course either dealing with CSR or providing training in ethics. A survey was conducted of 535 Spanish business students as future managers. The results show that the stakeholders' perspective deserves a huge attention for those students considering what the keys of business success are. Significant differences in perception were nevertheless identified when a multifactorial analysis was undertaken. Female students are (...) more concerned about CSR issues. The maximization of value for shareholders is less valued by second- and third-year students than by first-year ones. The findings point to a number of important orientations for the future development of university curriculum. (shrink)

This research is part of a more extensive programme that deals with intercultural ethics from different perspectives. All of them share a common inspiration sprung from UNESCO’s Intercultural Ethics Project. The main goal of this paper consists in offering pragmatic/theoretical tools in order to analyse a cultural and political issue which is currently very important in Spain: the confrontation between those promoting Spanish national culture and those promoting the Basque one. I approach this confrontation in terms of discursive praxis, reaching (...) the conclusion that only if both groups are capable of self-understanding will they be capable of reciprocal-understanding, and only then will it be possible to maintain peace in our country. (shrink)

Se analiza a continuación la comprensión de los contrarios en Anaximandro y Heráclito con vistas a sacar a la luz sus semejanzas y diferencias.

Companies' perceptions of corporate social responsibility have been only partially analyzed from an individual perspective that focuses on personal characteristics and professional backgrounds. However, a gap exists in the research on manager leadership styles and CSR perceptions from a gender perspective. Therefore, this article analyzes differences in attitudes toward various dimensions of CSR by focusing on the leadership styles—transformational, dominance, and dual perspectives—of male and female managers in Spain. A total of 391 respondents in top management positions in Spain were (...) surveyed. The findings revealed similarities and differences between genders with respect to leadership styles and CSR perceptions by dimension using a univariate analysis. A causal model that employed structural equation modeling was also estimated. The findings suggest that for transformational and dual leadership styles, Spanish women may be more adaptable and effective at pursuing company sustainability than Spanish men. However, dominance leadership was found to be the worst leadership style for deploying a CSR strategy. A number of conclusions for business management can be drawn, and some directions for future research are provided. (shrink)

Resumen El presente artículo plantea la necesidad de un acercamiento histórico a los textos filosóficos tomando como ejemplo el caso de la propuesta ética de David Hume. Se muestra el interés de Hume por insertarse en el diálogo intelectual de su época y su propósito de integrar el método científico en las ciencias morales y cómo la crítica que hace a la razón debe ser comprendida bajo esta luz. Para ello se menciona el ambiente intelectual de la época y las (...) posturas en conflicto en el debate filosófico del siglo XVIII: el escepticismo-relativista, el racionalismo exagerado y el sentimentalismo ingenuo, señalando que, en el fondo, Hume no puede ser excluido totalmente de ninguna de estas posturas pero tampoco encasillado en alguna de ellas.This article raises the need of a historical approach to philosophical texts taking as an example the case of David Hume’s ethics proposal. It shows Hume`s interest in participating actively in the intellectual dialogue of his time and his intention to integrate the scientific method into the moral sciences and how his critique of reason must be understood in this light. To do this, we quickly mention the intellectual atmosphere of the time and the positions in conflict in the philosophical debate of the 18th Century: relativistic skepticism, radical rationalism and naive sentimentality, noting that, deep down, Hume cannot be excluded completely from any of these positions but not typecast in any of them. (shrink)