La question de l’humanisme juridique a souvent été traitée sous la forme des avancées méthodologiques apportées successivement par les découvertes philologiques. Les juristes convertis aux bienfaits de l’approche savante des textes auraient ainsi modifié à la fois leur technique exégétique et leur façon d’enseigner (le mos docendi). En partant des différentes questions soulevées par le retour ad fontes, l’article cherche à préciser la portée politique de l’implantation de la jurisprudentia cultior qui fut bien plus qu’une conquête philologique. Il s’agissait d’ajuster (...) le droit aux nouveaux défis de la culture politique, notamment à la lente émergence de la souveraineté qui trouvera son accomplissement chez Bodin. (shrink)

Is childhood valuable? And is childhood as, less, or more, valuable than adulthood? In this article I first delineate several different questions that we might be asking when we think about the ‘value of childhood’, and I explore some difficulties of doing so. I then focus on the question of whether childhood is good for the person who experiences it. I argue for two key claims. First, if childhood wellbeing is measured by the same standards as adulthood, then children are (...) worse off than adults. Second, if childhood and adulthood wellbeing are measured by different standards, then we cannot compare them, and children are neither better off nor worse off than adults. This has some counter-intuitive implications, such as that we do not harm persons by depriving them of a childhood, nor by keeping them as children for elongated periods. (shrink)

Sports physicians are continuously confronted with new biotechnological innovations. This applies not only to doping in sports, but to all kinds of so-called enhancement methods. One fundamental problem regarding the sports physician's self-image consists in a blurred distinction between therapeutic treatment and non-therapeutic performance enhancement. After a brief inventory of the sports physician's work environment I reject as insufficient the attempts to resolve the conflict of the sports physician by making it a classificatory problem. Followed by a critical assessment of (...) some ideas from the US President's Council on Bioethics, the formulation of ethical codes and attempts regarding a moral topography, it is argued that the sports physician's conflict cannot be resolved by the distinction between therapy and enhancement. Instead, we also have to consider the possibility that the therapy-based paradigm of medicine cannot do justice to the challenges of the continuously increasing technical manipulability of the human body and even our cognitive functions as well. At the same time we should not adhere to transhumanist ideas, because non-therapeutic interventions require clear criteria. Based on assistive technologies an alternative framework can be sketched that allows for the integration of therapeutic and non-therapeutic purposes. After a thorough definition of standards and criteria, the role of the sports physician might be defined as that of an assistant for enhancement. Yet the process of defining such an alternative framework is a societal and political task that cannot be accomplished by the sports physicians themselves. Until these questions are answered sports physicians continue to find themselves in a structural dilemma that they partially can come to terms with through personal integrity. (shrink)

Stokes’ earlier chapter in this volume argued that, given the role ethical considerations play in our judgments of what to believe, ethical factors will put limits on the extent to which we can embrace particularism about conspiracy theories. However, that will only be the case if there are ethical problems with conspiracy theory as a practice (rather than simply as a formal class of explanation). Utilising the Lakatosian framework for analysing conspiracy theories developed by Steve Clarke, this paper identifies a (...) morally costly feature of conspiracy theorizing: its tendency to generate and expand new accusations purely to defend the core theory from countervailing evidence. Such 'auxiliary accusations' violate important norms around justified accusation, which supplies a defeasible, but important, reason to be reluctant to take part in the practice of conspiracy theorizing. (shrink)

The concept of media accountability is widely used but remains inadequately defined in the literature and often is restricted to a 1-dimensional interpretation. This study explores perceptions of accountability as manifestations of claims to responsibility, based on philosophical conceptions of the 2 terms, and suggests media accountability be more broadly understood as a dynamic of interaction between a given medium and the value sets of individuals or groups receiving media messages. The shape-shifting nature of the concept contributes to the volatility (...) of debate surrounding conflicting notions of press freedom and responsibility. (shrink)

Questions about dirty hands have often focused on legitimate, secure leaders deciding whether to violate important deontological principles or the rules of interpersonal morality. The purpose of this paper is to show that revolutionaries have dirty hands; revolutionaries do wrong by engaging in unilateral usurpation of the existing system with the hope that latter benefits will justify their actions. Yet, once the revolution securely generates improvements for the common good, the initial usurpation becomes increasingly irrelevant to judgments of the new (...) government’s legitimacy. The paper argues that only retroactive justification—where later success forces opponents and advocates to reinterpret the wrongness of the initial action—can fully capture the complex moral dynamics of revolutions. (shrink)

The language of “participant-driven research,” “crowdsourcing” and “citizen science” is increasingly being used to encourage the public to become involved in research ventures as both subjects and scientists....

Modal logics have in the past been used as a unifying framework for the minimality semantics used in defeasible inference, conditional logic, and belief revision. The main aim of the present paper is to add adaptive logics, a general framework for a wide range of defeasible reasoning forms developed by Diderik Batens and his co-workers, to the growing list of formalisms that can be studied with the tools and methods of contemporary modal logic. By characterising the class of abnormality models, (...) this aim is achieved at the level of the model-theory. By proposing formulae that express the consequence relation of adaptive logic in the object-language, the same aim is also partially achieved at the syntactical level. (shrink)

In their article, Nielsen Busch and Mjaaland defend the moral permissibility of cDCD, suggesting that much of the controversy around this donation practice has been the result of a misinterpretatio...

Cognitive states as well as cognitive commodities play central though distinct roles in our epistemological theories. By being attentive to how a difference in their roles affects our way of referring to them, we can undoubtedly accrue our understanding of the structure and functioning of our main epistemological theories. In this paper we propose an analysis of the dichotomy between states and commodities in terms of the method of abstraction, and more specifically by means of infomorphisms between different ways to (...) classify states of information, information-bases, and evidential situations. (shrink)

Volume 34, Issue 1, January-March 2019, Page 1-1.

Berichte zur Wissenschaftsgeschichte, EarlyView.

This paper offers a phenomenological analysis of the relationship between regret and episodic memory, the temporal structure of ‘regretful memory’, the affective and evaluative dimension of regretful memory and the counterfactual dimension of regretful memory. Based on Husserl’s phenomenology, I offer an analysis of regret’s complex structures of intentionality and time-consciousness. Husserl held that episodic memory requires two temporal orientations on one’s own experience: the past now that one relives and the present now in which one does the reliving. If (...) memory generally entails two temporal perspectives, regretful memory brings in a third point of temporal reference: that now that could have been. Drawing on Hoerl and McCormack, I give an account of regret as a mnemic and counterfactual form of intentional consciousness that confronts an alternative past and attempts to negotiate between two essential yet conflicting features of its actual past: its contingency and its irreversibility. On this basis, I then draw on Bagnoli to offer a phenomenological theory of regretful memory as an emotional mode of valuing possibilities that belong to the past. (shrink)

Institutionalism gives priority to structure over agency. Yet institutions have never developed and operated without the intervention of interested groups. This paper develops a conceptual framework for the role of agency in historical institutionalism. Based on recent contributions following the coalitional turn and drawing on insights from sociological institutionalism, it argues that agency plays a key role in the creation and maintenance of social coalitions that stabilize but also challenge institutions. Without such agency, no coalition can be created, maintained, or (...) changed. Similarly, without a supporting coalition, no contested institution can survive. Yet, due to collective action problems, such coalitional work is challenging. This coalitional perspective offers a robust role for agency in historical institutionalism, but it also explains why institutions remain stable despite agency. In addition, this paper forwards several portable propositions that allow for the identification of who is likely to develop agency and what these actors do. (shrink)

This syllabus was submitted to the Rhodes College Office of Academic Affairs by the course instructor.

Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable (...) democracies, claims in her recent book on transitional justice that retributivism is inapplicable in the circumstances of transitional justice. I argue that the four arguments she provides in support of this claim are unsuccessful and that retributivism, assuming it to be a tenable rationale for punishment, justifies the subjection of perpetrators of at least some serious human rights abuses to sanctions in at least some transitional societies. (shrink)

A significant criticism of the anthropic principle as a scientific claim is that testable predictions cannot be derived from it. Brandon Carter has argued, however, that the principle can be used to predict on the one hand that the period of time biological evolution is intrinsically likely to require is very large, and on the other that the number of ‘critical steps’ that have occurred in the evolution of life on earth is related to the length of time life can (...) continue to evolve. I attempt to show that neither of Carter's arguments provides a convincing defence of the testability of the anthropic principle. (shrink)

Professor Richard Pring's BJES Vol. 48, No. 1 editorial shares a widespread unease regarding government centralisation of state-funded research (not only on education). Unfortunately the editorial compromises with this trend by suggesting it is obvious to academic experts where research should be so concentrated. Instead, an alternative model of research is advocated to counter so far as is possible the tendency towards centralisation.

An American conservative movement developed rapidly after World War II. It brought together intellectuals and politicians opposed to the New Deal in domestic policy and Soviet communism in foreign policy. The movement's first presidential candidate, Barry Goldwater, lost the election of 1964 but its second, Ronald Reagan, won the election of 1980. It has remained an influential force in American life up to the present, despite strong internal contradictions, which include disagreements about centralized power, about religion, about tradition, about elites, (...) and about the free market. To some of the movement's early luminaries, such as Russell Kirk, free-market capitalism was the antithesis of conservatism since it required perpetual innovation and the sweeping away of traditional forms. To others, such as Ayn Rand, capitalism was the heart and soul of conservatism because it alone preserved the dignity and freedom of the individual. (shrink)

I argue for the possibility of hypergunk: that is, it is possible that there exists an x such that every part of x has a proper part and, for any set S of parts of x, there is a set S′ of parts of...

Using Ricoeur's ethicomoral position, advances an alternative, more viable ethics than that of deconstruction.

This is an excerpt from the contentThe Khmer Rouge Tribunal is charged with prosecuting senior leaders and those most responsible for mass crimes committed in Cambodia during the 1970s. It has a unique structure as a court formally embedded in the Cambodian domestic system but with international participation by the UN. Under the agreement between Cambodia and the UN, the Tribunal has been composed of both local and international judges. On July 19, 2007, the prosecutors submitted a list of five (...) persons to the Tribunal’s co-investigating judges and requested that they be indicted and brought to trial.The current volume III of a series of volumes in this collection provides for the final trial evidence submitted by the co-lawyers for civil parties and the final closing statements by the co-prosecutors as of 2009 in the trial of Kaing Guek Eav , chairman of Tuol Sleng prison, Security Center 21 where at least 12,272 ‘enemies of the revolution’ were sent to be “smashed” . T. (shrink)

Volume 35, Issue 1, January-March 2020, Page 1-1.

The latest volume of Leibniz’ Politische Schriften, in the great Akademie-Ausgabe of the Sämtliche Schriften und Briefe, reveals the astonishing range of Leibniz’ political-moral-legal-religious-scientific-cultural concerns: if the first, largest and most important section of this new fifth volume deals with justice and law, that is only to be expected, since Leibniz’ doctoral degree was in law and jurisprudence, and since he served as jurisconsult and “intimate counsellor of justice” to an ever-expanding circle of European rulers: first the Elector of Mainz, (...) then the house of Hannover, then the King of Prussia in Berlin, the Emperor in Vienna, and Czar Peter the Great.. But Politische Schriften vol. 5 also treats “church policy” and charitable religious reconciliation—including a Latin memorial poem on the death of benevolently ecumenical Huguenot-turned-Catholic Pellisson ; the raising of Hannover to the status of an Electorate within the Holy Roman Empire; and the relations of the Reich with Europe, especially with the France of bellicose Louis XIV. Moreover vol. 5 takes up “health policy,” the improvement of the coinage, and numerous schemes for the rational re-ordering of the ducal libraries of Hannover and Wolfenbüttel, with emphasis on books in the so-called “higher-faculties”. And all of these apparently diverse, seemingly scattered matters are coherently linked by Leibniz’ charitable concern for le bien général du genre humain: “Provided that something of importance is achieved, I am indifferent whether it is done in Germany or France, for I seek the good of mankind. I am neither a phil-Hellene nor a philo-Roman, but a philanthropos.”. (shrink)