The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...) basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

As rational adults, we are free to elect what is (or is not) done to our bodies. However, this strong freedom does not extend to the borders of life. Control over the uses of our biological material is constrained and uncertain at law. Our article examines the legal condition of embryos and organs: how law conceptualises them and regulates their uses.

This is a response to an article published in an earlier issue of this journal, 29–65) in which an article by this author was cited as a prime example of a dangerous emerging 'orthodoxy' in feminist legal theory and subjected to a sustained and critical analysis. The purpose of this response is to reflect briefly on the rhetorical style and the theoretical orientation of that article, and to consider their worrying implications for the practice of feminist legal theory as a (...) whole. (shrink)

This review article discusses the various conceptions of the legal person delineated and evaluated in Ngaire Naffine's recent book, Law's Meaning of Life. The article argues that, of the four conceptions Naffine examines, her treatment of one—the rationalist legal person—is perhaps the most problematic. The primary problem is an exaggeration of both the power and range of the rationalist legal person. This problem is not insignificant. However, the book as a whole is a lively and stimulating example of legal (...) philosophy that is engaged with general questions about the nature of law, while also being rooted in historic and contemporary features of particular legal systems. It is a contribution to jurisprudence which both strives to be, and actually succeeds in being, interesting. (shrink)

This article aims to contribute to the question of how to conceptualise the relationship between theory and practice in feminist scholarship in law. It looks in detail at the implications of different issues raised in a recent debate between Anne Bottomley and Ngaire Naffine on the existence of a “legal feminist orthodoxy”. I critique the dominance of ethics over politics and join Bottomley in her attack upon “the ethics of respect for the other”, albeit from a different position. I (...) then look at the ways in which the problem of “essentialism” is being rethought from a feminist perspective. (shrink)

Woods's chapter focuses primarily on procedural justice within the international financial institutions. She argues that the procedures adopted by these institutions are central to the debate about global economic justice, and thus it is essential to explore how these bodies make decisions and implement them. Her conclusions suggest that, notwithstanding recent and important reforms, the institutions still suffer from weaknesses in representation and accountability. Unless these bodies attend to these deficiencies, the range and scope of their activities should be circumscribed.

The Family and the Nation pose la question du lien entre classe de sexe et droits et devoirs patriotiques. La famille et la nation sont des entités juridiques qui, toutes deux, imposent des devoirs à leurs membres, au premier rang desquels l’obéissance à l’autorité souveraine. Les problèmes engendrés par cette double allégeance vont être considérables lorsque, dès les premières années de la Révolution, famille et nation vont entrer en concurrence : comment une épouse prise entre l’injonction...

We chart how neuroscience and philosophy have together advanced our understanding of moral judgment with implications for when it goes well or poorly. The field initially focused on brain areas associated with reason versus emotion in the moral evaluations of sacrificial dilemmas. But new threads of research have studied a wider range of moral evaluations and how they relate to models of brain development and learning. By weaving these threads together, we are developing a better understanding of the neurobiology of (...) moral judgment in adulthood and to some extent in childhood and adolescence. Combined with rigorous evidence from psychology and careful philosophical analysis, neuroscientific evidence can even help shed light on the extent of moral knowledge and on ways to promote healthy moral development. (shrink)

Woods is an insightful and thoughtful authority on the Bretton Woods institutions. In this book she examines their activities and focuses on their engagements with Mexico, Russia, and the sub-Saharan African nations.

Modern professionals wield considerable power by virtue of their knowledge. However, they also feel beleaguered by the constraints they face and the public disapproval they often experience. These pressures combine to diminish the professional's sense of public responsibility and convert him or her in self-perception to a careerist.

AbstractOrganizations receive multiple benefits when their members act ethically. Of interest in this study is if the actors receive benefits as well, especially as individuals look to work to fulfill psychological and social needs in addition to economic ones. Specifically, we highlight a series of ongoing ethical practices embodied in professional moral courage and their relationship to actor’s work meaningfulness and life well-being. Drawing on self-determination theory and affective events theory, we explore how exercising professional moral courage in one’s work (...) leads to positive work and life outcomes. Data from 106 administrative staff of non-profit organizations demonstrates the positive benefits of adopting ethical practices at work. Specifically, professional moral courage is found to be significantly related to both work meaningfulness and individual eudaimonic life well-being. Our findings note positive benefits for individuals who incorporate professional moral courage into their daily lives and provide support for organizations seeking to encourage it from their employees; benefits for organizations and employees go beyond just the gains from ethical behavior into other positive psychological processes. Implications for future work that considers both the psychological and normative approaches to meaningful work are discussed. (shrink)

What the Church teaches and why on issues of euthanasia, invitro fertilization, genetic counseling, assisted suicide, living wills, persistent vegetative state, organ transplants, and more.

An attempt is made to determine when humans have had a soul. For this purpose, mind and soul are distinguished from each other. This clarification of terms makes it possible to criticise the emergentist view, which assumes that the soul arises naturally from the biological organism. The existence of a soul is inferred from the mental activities of humans, which are directed towards the transcendent. Special significance is given to burials. Burials have been practised for at least 448 000 years. (...) Not only Homo sapiens, but also Homo naledi, Homo heidelbergensis steinheimensis and Homo neanderthalensis buried their dead. Therefore, there is good reason to assume that Homo heidelbergensis and all its descendants possessed a soul. Moreover, one can suppose that Homo erectus and Homo naledi also possessed a soul.Contribution: The clear distinction between the immanent mind and the transcendent soul makes us aware that we humans are beings equally at home in immanence and transcendence. Humans have possessed a soul for a very long time, and not only Homo sapiens but also his ancestors and related species. (shrink)

This paper examines the current variant of the view that meaningful human actions are not amenable to causal, scientific explanation. Rather, the view examined holds that, understanding the language, we understand the meaning of other people's overt acts by analyzing the concepts appropriately applied to the situation, tracing their logical connections with other mentalistic concepts. A matter of conceptual analysis, our understanding of man is held to be a priori and necessary rather than, as with the natural sciences, a posteriori (...) and contingent. Various uses of 'concept', 'meaning', and 'understanding' are here distinguished. It is then shown, first, how the objectivist can in principle account for intentionality and for "rule-governed" behavior, that is, for the presence and efficacy of mind in the world. Secondly, current criticisms of the objectivist program are examined. An uncritical use of 'concept' and of 'rule', as well as a fusion of various uses of 'meaning' and 'understanding', gives those criticisms a specious plausibility that does not withstand close analysis. It is concluded that the objectivist program has not been shown to be untenable. (shrink)

This paper is to inform the recent situations of work by the foreign domestic workers (FDWs) in Hong Kong through the lens of Covid-19. Through the interviews with seven informants — two employers and five FDWs, stories describing the changes in their working conditions, rights and entitlement, and the contextual environment related to the impacts of Covid-19 were collected. They were analysed through three theoretical tools — visibility/invisibility, mobility/immobility, and work boundary. The findings show that under the Covid-19 crisis, the (...) FDWs experienced more hardships and struggles in both the home country and host country. The paradoxes of visibility/invisibility and mobility/immobility together with blurred work boundary were found in their experience of work, rights and entitlement, and the contextual environment. On one hand, the employers’ power of controlling FDWs has increased, but the agency to resist by the FDWs has decreased making them to turn to more passive means of resistance which could harm the FDWs’ physical and mental health and wellbeing. (shrink)

This text addresses various topics in applied ethics from Western and non-Western perspectives. Multicultural perspectives are fully integrated throughout the text.

The Rwandan genocide of 1994 occurred due to widespread complicity. I will argue that complicity can be the basis for legal liability, even for criminal liability, if two conditions are met. First, the person’s actions or inactions must be causally efficacious at least in the sense that had the person not committed these actions or inactions the harm would have been made significantly less likely to occur. Second, the person must know that her actions or inactions risk contributing to a (...) harmful enterprise, and must intend that these actions or inactions risk making this contribution. But it is not part of this analysis that the defendant must intend the harmful result. I explore the boundaries between legal and moral complicity and end with a discussion of how the analysis defended in the paper affects such questions as how many people in Rwanda should be prosecuted for the genocide which occurred due to widespread complicity. (shrink)

The article examines rival representatives of both classical Chinese and ancient Greek traditions to show that there is an intimate relation between metaphysics and ethics. More specifically, texts attributed to Laozi and Zisi and texts by Plato and Aristotle are compared with each other on the topic of metaphysics and ethics. If each of these traditions agrees that metaphysics is bound up with ethics, such that reality determines what’s ethical, then examining their accounts can illuminate not only their strengths and (...) weaknesses, but also truths that transcend these disparate cultures. Ultimately, the author aims to illustrate how such an East-West comparison can reveal the practical as a standard by which we can assess the strength of metaphysics, thus emphasizing the essential relation between metaphysics and ethics. (shrink)

It is beliefs of this sort--de linguabeliefs--that Robert Fiengo and Robert May explore in this book.

Universities are subject to considerable changes as environmental pressures increasingly place their futures in question. As core sites of social scientific activity, it is important to understand not only why these changes are occurring, but their consequences for practices within universities. Without this and a concern with the future, their distinction and value as sites of activity are left to those whose instrumental practices are short-term and act according to apparent economic necessities. Frequently, explanations for this state of affairs focus (...) upon the problems of increasing management and bureaucracy, but remain relatively silent concerning the activities of academics. This article argues that there is an affinity between forms of academic professionalism and the managerialism we find in universities as an answer to the changing pressures to which they are subject. Both exhibit an individualism and separate knowledge from knowing. Overall, this detracts from the cultures of universities and how these contexts relate to the content of the work that is produced within them. (shrink)

Background:Suffering in a suicidal crisis includes feelings such as despair, loneliness, anxiety, fear, shame, guilt and hopelessness. This study highlights the experiences of patients in the aftermath of suicide attempts. The research question was, what do suicidal patients see as meaningful help in care and treatment situations?Methodology:The methodology is inspired by Gadamer’s hermeneutics, where the parts are understood in light of the whole, and the whole is understood in light of the parts. Qualitative interviews were employed.Participants and research context:A total (...) of 10 persons, 4 women and 6 men 21–52 years old, were informed and asked to participate by specialists in psychology at two emergency psychiatric wards and by one crisis resolution team. Nine of the participants had experienced one or more suicide attempts using drugs and alcohol. Forced hospitalization prevented one of the 10 participants from attempting suicide.Ethical considerations:Before the participants signed an informed consent form, the interviewer met all participants to provide the written information, talking about the interview. A meeting to terminate contact was arranged after the participants had read their own interviews.Findings:Three themes were generated by the methodology we applied: experiencing hope through encounters, experiencing hope through the atmosphere of wisdom and experiencing a ray of hope from taking back responsibility.Discussion:The findings are discussed in the light of Eriksson’s suffering theory and Lindström’s theory about psychiatric care, as well as earlier research and theories about suicidality.Conclusion:The study reinforces possibilities that hope in suicidal patients can be inspired in encounters with healthcare personnel and within caring cultures. Through dialogue and cooperation, patients’ safety and ability to cope with suffering is created and thereby the hope and will to struggle for life. (shrink)

This best-selling text continues to fill an existing gap in the literature taught in applied ethics courses. As a growing number of courses that include the perspectives of diverse cultures are being added to the university curriculum, texts are needed that represent more multicultural and diverse histories and backgrounds. This new edition enhances gender coverage, as nearly half of the pieces are now authored by women. The new edition also increases the percentage of pieces written by those who come from (...) a non-Western background. It offers twelve up-to-date articles on human rights, environmental ethics, poverty, war and violence, gender, race, euthanasia, and abortion; all of these topics are addressed from Western and non-Western perspectives. (shrink)

This paper argues for the importance of the political context of a society for bioethics. In particular, I argue that in a liberal constitutional society, such as the one we find ourselves in, no particular moral perspective is granted a privileged position. Rather, individuals are allowed to live their lives according to values they adopt for themselves, and the rights granted to protect this ability “trump” social consensus, and place boundaries on the social application of personal moral beliefs and values.