At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil (...) rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition.Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies. (shrink)

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through (...) transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times. (shrink)

Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to legitimacy critiques—of (...) which there is no shortage among international law skeptics. Even with respect to conventional international norms, such as treaty provisions, there is often a sense that such consent is democratically thinner than the public consent to domestic law, particularly fundamental domestic law, constitutional norms, and derivative principles of legitimate governance. State consent in international law, in this view, is often a very imperfect proxy for democratic consent to international legal norms. While it is obvious to international lawyers why (as a matter of positive law doctrine) state consent should make international norms prevail over domestic norms to which there is arguably deeper democratic consent, persistent critics of international law have questioned whether this should be so as a matter of legitimacy. (shrink)

One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an (...) opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining its analysis to the legality of the act of declaration without determining any consideration of international legal norms applicable to the act of secession that was being proposed. This article intends to fill the gap left by the ICJ’s decision: first by critiquing the inadequacy and tensions visible in the existing doctrine and second by examining how recent developments in international law may allow for a more normatively coherent approach to the problem. (shrink)

National legal systems undergo profound changes when they are confronted with undemocratic power seizure. The same occurs when they experience a transition (back) to democracy. Thus far, these two types of transition have been studied in relative isolation. Nevertheless, it seems that both undemocratic usurpers and democratizing regimes affect the role of fundamental rule-of-law principles in similar ways. This article compares both types of transition and suggests that pragmatism and national identity are the driving forces behind similar legal mechanisms, affecting (...) legal principles, in those two forms of transition. Drawing on Carl Schmitt's idea of the state of exception and Ruti Teitel's work on transitional justice, this article shows that both kinds of transition share the same fundamental legal structure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Why Narcissists Are Morally ResponsibleAleksandar Fatic, PhDIn his insightful commentary of ‘Narcissism as a moral incompetence,’ Professor Pies proposes several principal objections to my line of argument. First, Pies mentions that I embrace a Platonic essentialism and a ‘binary’ view of narcissism, whilst in fact narcissistic traits present themselves in degrees, within a continuum of pathology.Let us clarify the meaning of essentialism. When applied to the phenomenology of narcissism, (...) Platonic essentialism would imply that there is an idea, or ideal, of ‘pure’ narcissism, which governs our cognition of narcissistic phenomenology. Without an ‘essentialist’ understanding of what narcissism as a more or less pure phenomenon would look like, it would make no semantic or logical sense to speak of various ‘types’ or ‘degrees’ of narcissism. In the 1940s, in The Concept of Mind, Gilbert Ryle offered the now infamous logical analysis of ‘false’ and ‘true coins’: if there were not true coins of which we had some idea, it would be logically impossible to speak of counterfeit coins (McDermid, 2004; Ryle, 1949, pp. 94–99). There are shoddily produced coins that bear only a vague resemblance to the original idea or mint of the real coin, however, for each we would ultimately have to decide whether the resemblance is sufficient for it to be considered a real coin. Shoddily produced coins represent various ‘degrees’ of resemblance of the idea, or form, of a coin, but to call them coins, and to decide whether they are true coins or not, it is a logical presupposition that we must first have an ‘idea’ of what an ‘ideal’ real coin is like. This, at its core, is essentialism.There is no escape from this type of essentialism in any rigorous argument, because Platonic essentialism is the foundation of the very meanings of the concepts we use. Plato’s ideas are paradigms, where the particular instantiations of their qualities are called ‘phenomena’ (Sedley, 2016; Taylor, 2016). Thus, the nuanced expression of ideas or forms in their various phenomena is the very substance of the essentialist theory of ideas. It appears that Professor Pies is also a Platonic essentialist, as am I.So why is it often impossible in clinical practice to ascribe necessary and sufficient conditions to narcissism? Well, let us remember Rosenhan’s experiments (1973). Rosenhan illustrates how the same individuals were diagnosed with very different disorders by different clinicians at roughly the same time, and how healthy individuals, once they had been instructed to ‘fake’ psychotic symptoms, remained under the same or more serious [End Page 177] diagnoses even when they stopped pretending and behaved completely normally. The reason for the arbitrariness of psych-diagnoses is the insufficiency of the psych-diagnostic language, including the actual diagnostic criteria, a kind of Lacanian ‘lack’ that is built into the very structure of psychodiagnostics (Ruti, 2008), and not a metaphysics behind such use of diagnostic language, whether it is essentialist or non-essentialist. Whether a particular patient actually has NPD or not in practice comes down to a consensual judgement—one that has been notoriously lacking in the history of psychiatry (Verhaeghe, 2008, pp. 71–125).Second, Pies suggests that empathy is ‘a complex, multidimensional construct comprising cognitive and affective components.’ I do not think this is a correct understanding of empathy. In fact, it is a conceptual revision of the original concept of empathy, which is one of a moral emotion (Kauppinen, 2014). What Pies calls ‘cognitive empathy,’ namely the ability to recognize and influence the emotions of others is an entirely different quality capacity that has recently been called ‘emotional intelligence’ (e.g., Conte, 2005). Many Cluster B personality disorders are characterized by an exceptionally high emotional intelligence and an almost complete lack of empathy, which allows them to use their emotional intelligence to manipulate and mistreat others. Surely such emotionally intelligent, but highly malignant strategies would not be considered ‘empathy.”Relatedly, Pies objects to Slote’s alleged view that only actions arising from factual empathy are morally justifiable. This is a ‘naturalist fallacy’ in reading Slote. The natural fallacy is a confusion between the ‘is’ and the ‘ought.’ Slote actually argues that only actions that are consistent with... (shrink)

MATERIALISTS claim that in principle mentality could be accounted for entirely by properties of matter. They must, of course, clarify, as far as possible, the precise scope of the concept "properties of matter." According to materialists there exists only one type of "substance" in the universe, namely matter. Sophisticated experimental and theoretical analyses have led contemporary physicists to interpret known material entities as being composed of two classes of elementary particles, namely quarks and leptons and constituents of interaction fields that (...) mediate interactions between some or all of the elementary particles and which comprise photons, gluons, intermediate bosons and gravitons. For instance, protons and neutrons are composed--by hypothesis--of quarks, while electrons are probably the most familiar leptons. Whether any analyzed and postulated elementary particles and constituents of interaction fields are "ultimate" components of matter can never be known. It remains always possible that more basic subcomponents of known components will be discovered. This has happened repeatedly throughout the history of physics. Hence, what physicists understand by the "physical properties" of the basic components of matter must always remain expressed in terms of usually intricate hypothetico-deductive theories which are tentative and fallible. Contemporary relativistic quantum mechanics of elementary particles and of interaction fields provide typical examples of such hypothetico-deductive theories relating to present known basic components of matter. (shrink)

In these essays, we are concerned with virtue in journalism and the media but are mindful of the tension between the commercial foundations of publishing and broadcasting, on the one hand, and journalism's democratic obligations on the other. Adam outlines, first, a moral vision of journalism focusing on individualistic concepts of authorship and craft. Next, Craft attempts to bridge individual and organizational concerns by examining the obligations of organizations to the individuals working within them. Finally, Cohen discusses the importance of (...) resisting the powerful corporate logic that pervades the news media in the United States and calls on journalists to be courageous. (shrink)

This essay explores a major ethical variable in personal sales: trust. By analyzing data drawn from life insurance sales, the essay supports the thesis that the role of the agent and the exigencies of personal sales create certain antinomies of trust that compromise the sales process. As a result, trust occupies a problematic and apparently paradoxical position in the sales process. On the one hand, success in personal sales is held to depend upon trust. On the other hand, because the (...) techniques required to form trust in personal sales nullify the conditions under which trust is possible, these instruments of trust formation are self-defeating. (shrink)

Meillassoux seeks knowledge of transcendental reality, blaming Kant for the ‘correlationist’ proscription of independent access to either thought or being. For Meillassoux, correlationism blocks an account of the meaning of ‘ancestral statements’ regarding reality prior to humans. I examine three charges on which Meillassoux’s argument depends: (1) Kant distorts ancestral statements’ meaning; (2) Kant fallaciously infers causality’s necessity; (3) Kant’s transcendental idealism cannot grasp ‘the great outdoors’. I reject these charges: (1) imposes a Cartesian misreading, hence Meillassoux’s false assumption that, (...) for Kant, objects don’t exist without subjects; (2) misreads Kant, who infers causality’s necessity from the possibility of experience; (3) casts Kant’s idealism as subjective, ignoring his perspectival portrayal of it. (shrink)

The purpose of this study is to determine the relative frequency of course offerings on social issues and business ethics in American business schools. Specifically, a random sample of the curricula of 119 American business schools were analyzed in order to gauge the importance given to coursework on ethics and social issues. The findings indicated that the incidence of such courses was generally low in American business curricula, particularly at the graduate level. These findings are discussed in light of the (...) current concern for more responsible corporate behavior. (shrink)

This book, published in 1986, addresses questions concerned with a central normative principle in contemporary assessments of economic policies and systems. What does 'consumer sovereignty' mean? Is consumer sovereignty an appropriate principle for the optimization and evaluation of the design and performance of economic policies, institutions and systems? If not, what is a more appropriate principle? The author argues that the conception of consumer sovereignty has to be broadened so that it is not limited to the market mechanism but includes (...) environmental, work and social preferences. However, even this version runs into serious difficulties as the principle of consumer sovereignty still relies on too subjectivist a conception of the interests of individuals to be suitable for the evaluation of economic institutions. An alternative basis for such evaluation is 'human interests' that are not contingent on particular economic systems, After considering various possibilities, a basic-needs approach is proposed and its use in economic evaluation illustrated. (shrink)

After briefly reviewing the standard set-theoretic resolutions of the Burali-Forti paradox, we examine how the paradox arises in set theory formalized with plural quantifiers. A significant choice emerges between the desirable unrestricted availability of ordinals to represent well-orderings and the sensibility of attempting to refer to ‘absolutely all ordinals’ or ‘absolutely all well-orderings’. This choice is obscured by standard set theories, which rely on type distinctions which are obliterated in the setting with plurals. Zermelo's attempt ( 1930 ) to secure (...) ordinal representability of arbitrary well-orderings through relativization of quantification to set-theoretic models is reviewed and found wanting. The natural modal-structural recasting provides, it is claimed, a good repair. (shrink)

This article focuses mainly on (1) the policy of Delft University of Technology since 1992 as regards the university-wide introduction of a compulsory course on ethics and engineering, and (2) the ideal structure of such a course, including the educational goals of the course.

F. J. J.Buytendijk died on October 21st 1974 at the age of 87. His important contribution to the study of animal behaviour is analyzed here in relation to the historical development of animal psychology and ethology. The detailed study of his scientific production suggests, according to the authors, that some important findings, although largely not paid attention to in present-day literature, are akin to the conceptual and methodological evolution of comparative ethology.

O texto busca refletir criticamente sobre alguns fenômenos sociais contemporâneos, fortemente imbricados, notadamente as tendências contemporâneas de entrincheiramento e achatamento do eu; o reforço da iconomania e da compulsiva produção de avatares de si, em meio a bolhas narcísicas digitais, franqueadas pelas recentes tecnologias de informação e comunicação; e a virtual destruição da intimidade e da privacidade, diante da emergência de panópticos digitais e da vigilância algorítmica. Para tanto, toma-se como ponto de partida proposições apresentadas por Christopher Lasch em sua (...) obra _The Minimal Self: Psychic Survival in Troubled Times_, publicada originalmente em 1984, em particular a própria noção de mínimo eu, as quais são, então, entretecidas com argumentos de Christophe Dejours, Günther Anders, Theodor Adorno, Hebert Marcuse, Jonathan Crary, entre outros. Em acréscimo, busca-se salientar a ancoragem desses processos à hodierna dinâmica de acumulação de capital, a partir da crítica da economia política, perspectiva que atravessa todo o texto, bem como assinalar a atualidade do pensamento de Lasch. (shrink)

One hundred inpatients on an acute hospital elderly care unit and 43 of their relatives were interviewed shortly before hospital discharge. Eighty per cent of elderly patients and their relatives were aware of cardiopulmonary resuscitation (CPR). Television drama was their main source of information. Patients and relatives overestimated the effectiveness of CPR. Eighty-six per cent of patients were willing to be routinely consulted by doctors about their own CPR status, but relatives were less enthusiastic about routine consultation. Patients' and relatives' (...) views about the appropriateness of CPR did not differ significantly. Seventeen percent of patients did not desire CPR. However, 64 per cent of patients were ultimately willing to follow their doctor's advice about the appropriateness of CPR. The conclusion reached is that mentally competent, elderly patients but not their relatives should be routinely consulted about their own desire for CPR in order to avoid resuscitating patients against their wishes. Further research is required to find out how patients would feel about resuscitation if they were terminally ill or chronically confused, and how carers would feel about resuscitating such patients. (shrink)

The phenomenon of probability backflow, previously quantified for a free nonrelativistic particle, is considered for a free particle obeying Dirac's equation. It is shown that probability backflow can occur in the opposite direction to the momentum; that is to say, there exist positive-energy states in which the particle certainly has a positive momentum in a given direction, but for which the component of the probability flux vector in that direction is negative. It is shown that the maximum possible amount of (...) probability that can flow “backwards,” over a given time interval of duration T, depends on the dimensionless parameter ε = (4ℏ/mc2T)1/2, where m is the mass of the particle and c is the speed of light. At ε = 0, the nonrelativistic value of approximately 0.039 for this maximum is recovered. Numerical studies suggest that the maximum decreases monotonically as ε increases from 0, and show that it depends on the size of m, ℏ, and T, unlike the nonrelativistic case. (shrink)