This second edition has been revised to provide additional coherence to the themes examined and introduces sections on topical issues, for example the chapter on Utilitarianism now includes a discussion on law and economics.

There is ongoing contestation around greenhouse gas emissions from ruminant livestock and how society should respond. Media discourses play a key role in agenda setting for the general public and policymakers, and may contribute to polarisation. This paper examines how UK news media portrayed ruminant livestock’s impact on climate change between 2016 and 2021. The analysis addresses a gap in the literature by comparing discourses in national and farming sector newspapers using a qualitative approach. Four national and two farming sector (...) news outlets were searched for articles published between 2016 and 2021. A corpus of 996 relevant articles was assembled, from which 154 were selected for in-depth examination using Critical Discourse Analysis. Four ‘Critical Discourse Moments’ (CDMs), each signifying a discursive shift in the debate, were identified over the 6-year studied period: 1) Low salience, diverging discourses, 2) We must eat far less meat, 3) Fighting the anti-meat agenda, and 4) Policy (in)action at COP26. There was a large increase in the number of published articles from January 2019 onward, partly associated with publication of the EAT/Lancet Commission report. CDM 2 (We must eat far less meat) occurred mainly in the national media, while CDM 3 (Fighting the anti-meat agenda) occurred mainly in the farming media. Our findings reveal both opinion polarisation and intergroup polarisation between national and farming sector media, and low engagement with food system power imbalances. Addressing polarisation will be important to enhance capacity for collective decision-making regarding methane emissions from ruminant livestock. (shrink)

How the new spirit of capitalism confronts the new modes of workplace radicalism The period 2008-2009 has seen a spate of workplace conflicts obeying a common logic in terms of the modes of mobilisation. The conflicts emerge inside the sphere of production. They occur in the wake of the announcement of a partial or total suspension of production and their stated goal is to save jobs and/or to negotiate redundancy payments going beyond the legal entitlement. The aim of the article (...) is to confront the paradigm which Luc Boltanski and Eve Chiapello formulated in The New Spirit of Capitalism in order to articulate the concepts of the civic and the critical to the features of the new discursive protocols which have emerged in the context of these recent conflicts. The article addresses two questions. The hypothesis put forward is that the discursive protocol which those promoting militant action draw upon goes beyond a model of intelligibility that is fundamentally built around the reference to a corrective critique and thus fails to take account of the place in which the discourse of radical critique is actually rooted. (shrink)

The essay builds on the claim that the concept of law is best understood as structured by an abstract archetype to which actual instances of law approximate, and that the archetype in question is an intrinsically moral idea: the idea of a realm of universality and necessity within which one can enjoy freedom as independence from the power of others. Reflection upon the nature of this archetype is a form of moral reflection upon experience, where we seek to grasp the (...) nature of a value by considering the forms in which the value has been partially realised. The departure from Aristotelian thought served to obscure the possibility of such a form of moral reflection. Twentieth-century theories of the nature of law have tended to focus upon the problem of law’s self-genesis, but this neglects the full extent of the philosophical problem of law’s nature. (shrink)

This chapter contains sections titled: Problems of Jurisprudence The Enterprise of Legal Theory From Positivism to Natural Law Theory as Interpretation Law as Integrity Unger and the Critical Legal Studies Movement Philosophical Reconstruction of Legal Doctrine.

‘Culturology’ is an integral, often compulsory, part of Russian university courses; the discipline has largely replaced chairs in Marxist-Leninism and dialectical materialism, and bookshops are full of texts on the subject. This article is based on analysis of more than ten university textbooks recommended to first-year students. Marlène Laruelle examines why culturology has become so important, the place claimed for it within the human sciences, and what it means for changing Russian ideas of identity and nation.

Rights seem to occupy a prominent place within the moral and political lexicon of modernity. But is this truly an age in which the idea of individual rights has flourished? Or might the frequency with which we speak of rights reflect a failure to appreciate the stringent demands that genuine rights would inevitably place upon us? Does our willingness to frame so many moral issues in terms of rights simply illustrate our failure to take the idea of rights seriously? Does (...) our monocular focus upon rights lead us to ignore the broader context of law, virtue, and civility that is necessary if rights are to be a reality? These are the questions forming the background to my discussion in this essay. (shrink)

How veridical is perception? Rather than representing objects as they actually exist in the world, might perception instead represent objects only in terms of the utility they offer to an observer? Previous work employed evolutionary modeling to show that under certain assumptions, natural selection favors such “strict‐interface” perceptual systems. This view has fueled considerable debate, but we think that discussions so far have failed to consider the implications of two critical aspects of perception. First, while existing models have explored single (...) utility functions, perception will often serve multiple largely independent goals. (Sometimes when looking at a stick you want to know how appropriate it would be as kindling for a campfire, and other times you want to know how appropriate it would be as a weapon for self‐defense.) Second, perception often operates in an inflexible, automatic manner—proving “impenetrable” to shifting higher‐level goals. (When your goal shifts from “burning” to “fighting,” your visual experience does not dramatically transform.) These two points have important implications for the veridicality of perception. In particular, as the need for flexible goals increases, inflexible perceptual systems must become more veridical. We support this position by providing evidence from evolutionary simulations that as the number of independent utility functions increases, the distinction between “interface” and “veridical” perceptual systems dissolves. Although natural selection evaluates perceptual systems only on their fitness, the most fit perceptual systems may nevertheless represent the world as it is. (shrink)

This is a pugnacious book, born of ancient controversy and attempting to return the debate to a time before the central jurisprudential questions were set by Hart and other legal positivists. Simmonds addresses those familiar with current analytical philosophy of law: those of us who know our Hart, Fuller, Dworkin, Raz, MacCormick and Kramer, and who perhaps need to have our attention drawn to Plato, Aristotle, Grotius, Hobbes and Kant. Presuming an informed readership, there is no bibliography, and it (...) incorporates ‘substantial extracts from four recent essays’, but does not say what they are. Overall, his position is that law should be understood as an attempt to realize an archetype of law, an archetype which is a moral ideal. Those suspicious of moral ideals are not likely to find moral archetypes more philosophically acceptable. Yet, if Simmonds is right, we need them in jurisprudence.Simmonds is against the positivist split between …. (shrink)

The 2017 Commission on Public Relations Education report found new professionals are not meeting employers’ expectations regarding ethics knowledge, skills and abilities. This mixed-method s...

This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal of freedom or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realization of the idea of law. In making these claims, the author rejects the viewpoint of much contemporary (...) legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection, but the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions. (shrink)

The extent to which visual information on the contralateral, unattended side influences the performance of patients with hemispatial neglect was studied in a visuomotor reaching task. We replicated the well-established finding that, relative to target-alone trials, normal subjects are slower to reach to targets in the presence of visual distractors which appear either ipsilateral or contralateral to the target, with greater interference in the former condition. Six patients with hemispatial neglect showed even greater interference than did the normal subjects when (...) the distractor appeared ipsilaterally but showed no significant interference from contralateral distractors. This pattern of performance was qualitatively similar for patients with lesions restricted to posterior regions and for patients with more extensive lesions involving both posterior and anterior brain regions. These findings suggest that, in the visuomotor domain, information on the contralateral side is processed minimally, if at all, in patients with hemispatial neglect. (shrink)

Book reviewed in this article:Stanley L. Paulson and Bonnie Litschewski Paulson, Normativity and Norms.

Scholars have long asserted that public relations (PR) professionals should play the role of organizational conscience, but little research has focused on why and how they play this role effectively. We found that PR professionals who played the role of organizational conscience had broadened conceptions of their roles and responsibilities, including a fervent duty to the public interest. This often put them in the position of providing criticism to powerful organizational players. Rather than raising their ethical concerns as persuasive orators, (...) they used subtle, resourceful, and experiential approaches to persuasion. Playing the role of organizational conscience typically necessitated gaining access to informal coalitions since access to dominant power coalitions often was limited or late. Organizations with participative cultures supported the role of organizational conscience. (shrink)

After years of near total neglect, the problem of childhood obesity is now in the limelight. Terms like “epidemic,” “crisis,” and “emergency” are used frequently when describing the trend. Progress is defined with strong language and fueled by statistics such as the observation that this generation of children will be the first to live shorter lives than their parents. Multi-disciplinary journals such as the Journal of Law, Medicine & Ethics have dedicated symposiums to the issue, and conferences have been convened (...) not only by health professionals but by government agencies, the food industry, and even professionals who market to children. The seriousness of childhood obesity is no longer in doubt, and finally attention has turned to the more complex question – what must be done? (shrink)

Does shame have a limited moral role because it is associated with a loss of self-respect or is it an important emotional support for socially beneficial behaviours? Aristotle supports the latter position. In his ethical theory, he famously claims that shame is a semi-virtue essential in the habituation of moral norms. He clarifies this role in the Rhetoric’s lesser-known distinction between true and conventional shame, which implies human beings make subjective evaluations of those appropriated cultural norms. Importantly, he locates this (...) potential for ethical assessment in friendship and not in public discourse, as he thinks it would be shameless to publicly evaluate moral rules. The article ends by exploring potential critiques to his position and argues that Aristotle’s approach makes shame indispensable for moral progress, even though we might want to consider some limited role for shameless public protest. (shrink)

Dit boek bevat de uitgebreide, geannoteerde en geïllustreerde versie van de 48ste Huizinga-lezing die Marlene Dumas vrijdagavond 6 december 2019 heeft uitgesproken in de Pieterskerk in Leiden. Dumas spreekt onder meer over het onderscheid tussen de kunstenaar en diens werk, het nadeel van een titel en de naaktheid van mannen in de kunst. 0Het boek bevat tevens een interview met Marlene Dumas, een schets van het leven en werk van Johan Huizinga, de naamgever van de lezing, en een (...) korte geschiedenis van de Huizinga-lezing, die al sinds 1972 bestaat. (shrink)

Does the establishment of a permanent InternationalWar Crimes Tribunal (International Criminal Court - ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception of sovereignty and international law underlying these objections. It first considers the structure and intent (...) behind the criminal court and attempts to unveil the logic hiding behind the idea of ‘America’s historical uniqueness.’ It touches on the diverging US and European conceptions of sovereignty and ends up arguing that governments that stick to traditional conceptions of sovereignty and international law in the employment of their foreign policy may lose the moral legitimacy that has proven increasingly important for winning the sympathy of allies and regaining world leadership. Keywords: The ICC; US opposition to the court; sovereignty; international law; exceptionalism (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 83-108. DOI: 10.3402/egp.v2i2.1973. (shrink)

To understand the distinctive characteristics of the institutions of law, one needs to understand the idea of law. Understanding the nature of law is not ultimately a matter of achieving a careful description of social practices but a matter of grasping the idea towards which those practices must be understood as oriented. The idea of law is the focal point that enables us to make coherent sense of the otherwise diverse features of practice, but it is not itself a matter (...) of observable practice. It resembles a notional point in space that enables us to grasp the relationship between various parts of a complex drawing, although in itself it forms no part of the drawing. But how is such an idea to be investigated? We expect a clear understanding of the idea of law to explain our settled understandings about what will and will not count as an instance of legal ordering. We expect it, in other words, to explain some at least of the minimum conditions for applicability of the idea. But, since the idea of law is invoked within the practices of law, we also expect a philosophical understanding of that idea to clarify its role in guiding and orienting practice, and not simply in describing practice. Although the practices of law are oriented towards the idea of law, that idea is not straightforwardly available to be read in the surface appearance of the practices. For such practices, while involving systematic appeal to the idea of law, operate for the most part on the basis of that unreflective conformity that assists the stable functioning of most human institutions. Can we begin by identifying a "minimum specification" of the concept of law, in the form of a set of conditions without which nothing could count as law at all? From such a minimum specification, can we proceed in some orderly and intellectually defensible way towards "later phases" of the concept, with their "qualitative changes as well as additions and complications"? The possibility is worth exploring, however unfashionable may be the philosophical viewpoint from which it springs. Fuller's famous story of Rex, and his failed attempts to enact law, identifies the minimum conditions that something must satisfy in order to count as an instance of law. Fuller's theory becomes interesting when he proceeds to demonstrate that the eight desiderata (identified as minimum conditions), when taken collectively, be regarded as a guiding ideal for legal thought: the ideal that we usually label "the rule of law". Fuller claimed that his eight requirements represent an "inner morality of law". Hart's critique of Fuller appeared to suggest that the moral value of compliance with the eight requirements is wholly contingent upon the law's content, and that the eight requirements are more akin to precepts of efficiency than to moral standards. This criticism has been widely endorsed as correct. In fact, the criticism is not correct. The eight requirements are not principles of efficacy, but (when taken together) represent a moral ideal for legal systems. Fuller never really succeeded in giving a clear explanation of the moral status of his eight requirements. I argue that Fuller's eight desiderata represent an intrinsically moral ideal that we may call "freedom as independence from the power of another". This is the aspect of freedom that distinguishes the slave from the free man. My theory seeks to establish the existence of a very tight and necessary connection between law and morality. Positivists will find it impossible to deny that governance by law involves some degree of compliance with Fuller's eight requirements, and that such compliance necessarily involves the realisation of some degree of freedom as independence. If they are tempted to deny that freedom as independence is a distinct aspect of freedom, they must also argue that connections between slavery and the lack of freedom are purely contingent. If they accept that the lack of freedom as independece is what makes a slave a slave, but they deny that freedom as indepenence is a moral value, they must say that there is nothing intrinsically morally wrong with slavery: the moral wrongness of slavery would then have to be seen as stemming from purely contingent features of the slave's position. The value of freedom as independence may be thin. But it is real, it is genuinely valuable, and it is tightly connected to the existence of law. (shrink)

Nurse educators have the responsibility of assisting students and their colleagues with understanding and practicing ethical conduct. There is an inherent responsibility to keep codes current and relevant for existing nursing practice. The code presented here is a revision of the Code of ethics for nurse educators originally published in 1983 and includes changes that are intended to provide for that relevancy.

Referenciado na Análise Institucional do Discurso, o estudo investigou os sentidos atribuídos ao "ser alguém na vida" no discurso de estudantes do ensino médio de uma escola pública do litoral paranaense. Realizaram-se entrevistas, cuja análise buscou delinear os modos de produção de subjetividade, ..

H.L.A. Hart’s legal positivism displaces the authority of institutions and emphasizes the independence of personal moral judgment. While such a position has an obvious appeal, we should not fail to acknowledge the extent to which values are articulated within established practices. In this essay, civility and law are offered as examples of practices that embody distinctive values and can properly be understood only by reference to such values. It is suggested that legal positivism is driven by a moral metaphysic wherein (...) abstractly conceived principles confront neutrally described facts. But values cannot, without distortion, be understood in abstraction from the practices and forms of association within which they find expression. The refusal to recognize this fact fosters moral skepticism rather than individual moral responsibility. (shrink)

Traditionally, ontology, or at least western ontology, bas been an anthropocentric enterprise, that takes only human experiences into account. In this paper I argue that a prolific biocentric ontology can be based on UexkülI's Umwelt theory. UexkülI offers the basis of an ontology according to which the study of experiences is a much wider field than it is as depicted by classical ontology and contemporary philosophy of consciousness. Based on the thoughts of the contemporary philosopher Thomas Nagel I claim that (...) there might very well be Iifeforms that are totally unimaginable to us. I argue that this view is compatible with the Umwelt theory, and that it should be adopted by biosemioticians. Furthermore, I argue that a biosemiotic possibilism should be implemented. Followingly, one should not claim to know which characteristics of living beings are universally and necessarily valid, but restrict oneself to statements about life as we know it. (shrink)

The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea. It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the book (...) already acknowledges that Hart might conceivably agree, and ignores other issues where the disagreement with Hart seems indisputable. In response to Endicott, it is acknowledged that 'politics' could be understood as a moral idea comparable to the idea of 'law', but denied that this robs either thesis of interest. The nature of doctrinal reasoning and law's justificatory force is then discussed. (shrink)

ABSTRACTThe idea that metaphorical meaning is guided by speakers’ experiences of the world is central to Conceptual Metaphor Theory. Yet little is known about the ways in which speakers’ understandings of objects in the world around them influence how they use words in metaphorical and non-metaphorical ways. This article is a corpus linguistic analysis of the collocational patterns of metaphorical and non-metaphorical bridge instances from the Corpus of American English Corpus of Contemporary American English. The study shows that metaphorical and (...) non-metaphorical uses of words are systematically linked to different types of real world experiences. It is argued that lexical metaphors are, in fact, lexico-encyclopedic conceptual metaphors, and that they are constrained by cognitive salience. (shrink)

Background: Explicating nurses’ moral identities is important given the powerful influence moral identity has on the capacity to exercise moral agency. Research objectives: The purpose of this study was to explore how nurses narrate their moral identity through their understanding of their work. An additional purpose was to understand how these moral identities are held in the social space that nurses occupy. Research design: The Registered Nurse Journal, a bimonthly publication of the Registered Nurses’ Association of Ontario, Canada, features a (...) regular column entitled, ‘In the End … What Nursing Means to Me …’ These short narratives generally include a story of an important moment in the careers of the authors that defined their identities as nurses. All 29 narratives published before June 2015 were analysed using a critical narrative approach, informed by the work of Margaret Urban Walker and Hilde Lindemann, to identify a typology of moral identity. Ethical considerations: Ethics approval was not required because the narratives are publicly available. Findings: Two narrative types were identified that represent the moral identities of nurses as expressed through their work: (1) making a difference in the lives of individuals and communities and (2) holding the identities of vulnerable individuals. Discussion: Nurses’ moral identities became evident when they could see improvement in the health of patients or communities or when they could maintain the identity of their patients despite the disruptive forces of illness and hospitalization. In reciprocal fashion, the responses of their patients, including expressions of gratitude, served to hold the moral identities of these nurses. Conclusion: Ultimately, the sustainability of nurses’ moral identities may be dependent on the recognition of their own needs for professional satisfaction and care in ways that go beyond the kind of acknowledgement that patients can offer. (shrink)