Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index.

Controversy surrounds the ‘intrusion’ of the discourse of rights into workplace relationships. This is explored by examining the nature of rights through the analysis of the idea of a ‘right to manage’. Purported justifications of the right to manage in terms of either property or contract are shown to be inadequate, thus illustrating the need to incorporate a degree of consequentialism in the articulation and justification of rights. The value of a rights-approach is argued to lie in the identification of (...) the morally relevant interests affected by management decisions and the correlative obligations of those involved in the workplace, rather than in the introduction of a special set of moral considerations distinctively connected with the idea of rights. (shrink)

Forty years ago, in his landmark work A Theory of Justice, John Rawls depicted a just society as a fair system of cooperation between citizens, regarded as free and equal persons. Justice, Rawls famously claimed, ought to be “the first virtue of social institutions.” Ever since then, moral and political philosophers have expanded, expounded or criticized Rawls’s main tenets, from perspectives as diverse as egalitarianism, left and right libertarianism, and the ethics of care. The most important and influential views in (...) this ‘post-Rawlsian’ era constitute the focus of this volume, which seeks to give a general picture of the main strands in contemporary justice theorizing, as well as addressing more recent developments, especially regarding methodological issues. How to build a theory of justice and how to delineate its proper scope; the relationship between justice and equality, justice and liberty, and justice and desert; and the critique of the Rawlsian paradigm especially from the feminist perspective and from the growing strand of non-ideal theory are the main topics addressed in this selection of essays. (shrink)

The target article excludes ancestral neutrality as a cause for the inheritance of schizophrenia, with an argument relating to selection against a single allele in the Finnish population. However, drift would predominate over selection within subisolates of the Finnish population. Comparisons of subisolates with heterogeneous populations may provide clues to the endophenotypic structure of complex polygenetic heritable mental disorders. (Published Online November 9 2006).

The book examines ethics and employment issues in contemporary Human Resource Management (HRM). Written by an international team of academics from universities in the UK, the US, Australia and New Zealand, it examines the problems and opportunities facing employers and employees. The book subdivides into three sections: Part I assesses the context of HRM; Part II analyses contemporary debates, continuity and change in HRM, and Part III proposes likely developments for the future seeking to identify a more proactive HRM approach (...) towards ethical issues arising in employment. Distinctive features include: -/- -Comprehensive analysis of continuity and change in employment and HRM -In-depth assessment of the ethical contribution and potential of HRM -Timely evaluation of the ethical achievements to-date of HRM in: individualized employment relations, HRM partnerships, HRM and employee performance, and strategic HRM -Detailed recommendations for HR managers and general managers encouraging more ethically aware practice -Guidance on ethical approaches to leadership, knowledge management and collective employment relations -Analysis of alternative futures for HRM as a profession and advice on how to create more rigorous and independent professional practice -A vision of a more innovative, cooperative and ethically sensitive set of HRM practices -Clear proposals for HRM on how to attain more ethical conduct. (shrink)

Can the theory that reality is a simulation be tested? We investigate this question based on the assumption that if the system performing the simulation is nite (i.e. has limited resources), then to achieve low computational complexity, such a system would, as in a video game, render content (reality) only at the moment that information becomes available for observation by a player and not at the moment of detection by a machine (that would be part of the simulation and whose (...) detection would also be part of the internal computation performed by the Virtual Reality server before rendering content to the player). Guided by this principle we describe conceptual wave/particle duality experiments aimed at testing the simulation theory. (shrink)

This volume of seminal and recent articles by philosophers in the distributive justice debate covers a range of representative positions, including libertarian, egalitarian, desert and welfare theories. The introduction and articles are designed to allow students and professionals to see some of the most influential pieces that have shaped the field, as well as some key critics of these positions. The articles intersect in such a way as to develop an appreciation of the types of theories and the central issues (...) addressed by theories of distributive justice. (shrink)

Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal (...) book, The Legal Theory of Ethical Positivism (1996). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights. (shrink)

This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations (MNCs) renders MNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for (...) the performance of actions specified in a code of conduct than they would be without a code of conduct. This interpretation of the significance of codes of conduct is contrasted with the view that codes of conduct render MNCs accountable for performing actions specified in a code of conduct by grounding contractual obligations for the performance of such actions. (shrink)

The studies of politics and law are closely related in that both deal with the use of coercive power in society, yet the two disciplines are often curiously isolated from each other. Political theorists are rarely concerned with the specific content and application of the legislation which they regard as one of the main outputs of a political system, while legal academics are, traditionally at least, noted for their general indifference to the political and economic context of the rules and (...) they seek to explain and systemize. (shrink)

The article has two aims: firstly, it provides a holistic account of Zygmunt Bauman’s oeuvre, and secondly, it presents an extensive up-to-date and multilingual bibliography of his published writings. The authors discuss Bauman’s prolificacy, as well as the stylistic, formal and substantive heterogeneity of his work. Taking this into account, they reflect on the curious reception of his oeuvre in the wider disciplinary field of sociology. The bibliography attached to the paper provides the most complete account of Bauman’s writings. Building (...) on previous bibliographies, and drawing on archival research in the Janina and Zygmunt Bauman Papers at the University of Leeds, the bibliography spans 63 years from his first publication to his most recent. Many of these papers – both in English and Polish – are presented for the first time in the list of his works. (shrink)

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

The concept of rights is now so dominant in the language of politics that it is becoming difficult to identify its use with any particular approach to the solution of social problems or to gain a clear picture of its significance, its advantages and its disadvantages as a way of conceptualizing and resolving contentious political issues. None the less there is a perceptible shift towards an emphasis on rights in contemporary politics which many welcome and encourage and others question and (...) even reject, a shift which is matched in jurisprudence by the renewed stress which many theorists place on rights as a basic legal concept despite recurrent problems associated with the concept as a tool for legal analysis and moral justification. Conflicting theories of legal rights are canvassed and this in turn feeds into the debate concerning the reality or significance of non-legal rights, for the process of law reform is often presented as a matter of giving legal embodiment to the rights which various interested categories of people are asserted to possess already. (shrink)

Political theorists agree that justice is a fundamental political value but disagree profoundly about its proper analysis and philosophical justification. This book sets out the main contending theories of justice as exemplified in the works of John Rawls, Ronald Dworkin, Bruce Ackerman, Richard Posner, and Wojciech Sadurski. Each approach is introduced in its own terms, assessed in accordance with its ability to generate a clear, consistent and illuminating account of justice as a distinctive social, political and legal value, and then (...) assessed in a specific area of practice, such as welfare rights, the protection of minorities, the distribution of income and criminal law. (shrink)

Common Law Theory of Judicial Review: The Living Tree, Wil Waluchow neatly sidesteps the critique of judicial review based on the con- tention that constitutional rights are unacceptably indeterminate by arguing that it is this very indeterminacy that makes a common law method of legal interpretation appropriate. However, his contention that judges are able to ‘discover’ the underlying ‘authentic’ moral views of citizens is insufficiently grounded to meet the objection that common law reasoning utilising such unspecific material will result in (...) controversial decisions that reflect the val- ues and experience of an unrepresentative social and professional elite. He also ignores the important fact that electoral democracy is partly about the protection of vulnerable majorities against powerful minorities. However, Waluchow’s approach could be rendered more acceptable where there is the practical possibility of effective legislative on law style decision-making in the arena of human rights.Resumen:En su libro A Common Law Theory of Judicial Review: The Living Tree, Wil Waluchow de manera elegante y sutil evita la crítica al judicial review con el argumento de que los derechos constitucionales son irremediablemen te indeterminados y sostiene que precisamente por este aspecto de inde terminación un método basado en el common law es adecuado para la in terpretación de los derechos. Sin embargo, su postura de que los jueces son capaces de “descubrir” las perspectivas morales “auténticas” de los ciudadanos no está bien fundamentada como para hacer frente a la crítica de que el método del common law, al utilizar dicho material poco específico, da como resultado decisiones controvertidas que reflejan los valores y experiencia de una elite profesional y social no representativa. También el argumento de Waluchow ignora que la democracia electoral tiene como objetivo proteger a mayorías vulnerables de poderosas minorías. No obstante lo anterior, la tesis de Waluchow puede ser más viable donde exista la posibilidad práctica de una revisión efectiva de las leyes a través de las decisiones propias del método del common law en el ámbito de los derechos humanos. (shrink)

What should and what should not to be counted as a human right? What does it mean to identify a right as a human right? And what are the most effective and legitimate means of promoting human rights? This book addresses these questions and the complex relationship between the answers to them.

‘Time’ has been central to Zygmunt Bauman’s theory of modernity and his subsequent account of its solid and liquid variants. The experience of time in these accounts announces the coming of new opportunities, but it also signals a corrosion of our moral sensitivity. In this article, I assess Bauman’s contribution to the sociology of time and the centrality of our temporal character for his philosophical anthropology. There is a unique chance to be moral in liquid modernity, by unshackling the outdated (...) and habitual ethics of the past. The danger, however, lays in an increasingly ‘hurried life’, where a ‘nowist’ culture demands endless answers to the most banal of choices, often before these choices have even arrived. I argue that for Bauman the historical power of culture is to raise the ‘ought’ above the ‘is’. This results from our character as temporally-aware creatures. In our liquid modern times, the haste of life and its individualizing forces shift the character of that temporal awareness, endowing us with a false set of needs crafted by the market. The project of humanity itself has become, in Bauman’s diagnosis, subservient to maintaining the goals of the market. (shrink)

This study explores African students' use of cultural metaphoric reasoning in classifying everyday situations as hot or cold, as is part of Sotho cultural tradition. It documents the extent to which such metaphoric reasoning is related to the use of science (mis)conceptions of heating. Written probes were used to document cultural metaphoric reasoning and science misconceptions of students entering a university science program. The same instruments were used as postprobes after a 4-week teaching intervention using experimental cognitive conflict strategies for (...) various standard misconceptions on heating. The findings show that almost a third of the sample used metaphoric reasoning consistently. This group was, as expected, significantly dominated by Sotho speakers. Initially, a large percentage of students explained the particulate effect of heating in terms of melting, shrinking, or breaking up of atoms. Most students identified specific materials as good insulators against coldness or against heat. Heat transfer was frequently explained in terms of absorption, diffusion, or reflection rather than conduction. There were no significant differences in the type and frequencies of these alternative concepts held by cultural metaphoric and noncultural metaphoric reasoners before the intervention. The teaching program did not affect cultural metaphoric reasoning, but had significant and equal benefits for the conceptual understanding of both groups, with the exception that the cultural metaphoric reasoners were more persistent in attributing observable properties to atoms. The present study suggests some further modification to the teaching strategies and concludes that, at this level of education, students are able to distinguish between different types of reasoning appropriate for cultural everyday situations and scientific contexts. (shrink)

The article suggests a reading of the 1st edition of H. L. A. Hart, The Concept of Law (1961) which involves bringing to the fore the elements of moral prescription which accompany the descriptive/explanatory intent which Hart himself explicitly espouses. Thus, the functionalist account of the emergence of secondary rules in complex societies draws on the importance of social benefits, relating to justice and efficiency, benefits which Hart endorses. Consideration is then given to how the posthumous Postscript in the 2nd (...) edition of The Concept of Law (1994) might be rewritten to take into account responses to Dworkin other than those adopted by Hart in the Postscript. The alternative of a tentative form of prescriptive ‘hard’ legal positivism would better preserve the prescriptive ingredients evident in the 1st edition and assist in the regeneration of contemporary analytic legal philosophy within the Hartian traditionResumen:Este artículo propone una lectura de la primera edición de El concepto de derecho (1961), de H. L. A. Hart, en la cual se recuperan los elementos de prescripción moral que acompañan a la tesis descriptiva/explicativa que Hart explícitamente defendió. De tal modo, la tesis funcionalista del surgimiento de normas secundarias en sociedades complejas depende de la importancia de los beneficios sociales, relacionados con la justicia y la eficiencia, los cuales Hart suscribe. Después se llama la atención sobre la forma en que el Post Scriptum a la segunda edición de El concepto de derecho (1994), publicado póstumamente, podría ser reescrito para tomar en cuenta respuestas a Dworkin distintas a las que ofreció el propio Hart en su Post Scriptum. La alternativa de una forma tentativa de un positivismo jurídico prescriptivo “duro” conservaría de mucho mejor manera los ingredientes prescriptivos que son tan evidentes en la 1a edición, y contribuiría a la regeneración de una filosofía del derecho analítica contemporánea dentro de la tradición hartiana. (shrink)

The criticism that voluntary codes of conduct are ineffective can be met by giving greater centrality to human rights in such codes. Provided the human rights obligations of multinational corporations are interpreted as moral obligations specifically tailored to the situation of multinational corporations, this could serve to bring powerful moral force to bear on MNCs and could provide a legitimating basis for NGO monitoring and persuasion. Approached in this way the human rights obligations of MNCs can be taken to include (...) support for political as well as economic rights. This will go some way towards filling the regulatory gap created by the difficulty of controlling the activities of corporations operating globally. However, such a proposal will require a measure of ‘meta-regulation’ whereby the operations of MNCs are legally required to be sufficiently transparent to create the conditions for effective external moral scrutiny. (shrink)

After dealing with some methodological and definitional questions aimed at justifying its focus on bringing out the practical consequences of adopting democracy as a human right, in Part 3 the paper outlines and criticises arguments commonly made against having such a human right. It distinguishes between those arguments that deal with: alleged conceptual inadequacies, such as that democracy does not satisfy defining criteria for human rights, such as universality, importance and intrinsic worth, political doubts relating to the practicality of ‘self-determination’ (...) and the acceptability of international intervention on the grounds of democratic deficits, and weaknesses and inconsistencies relating to the legal implementation of democracy, such as the problem of having democracy as a human right when a function of human rights is to limit democracy and, in international law, the reluctance to adopt measures against non-democratic regimes. The paper questions these arguments individually, and points out that, if sound, they would exclude several generally accepted human rights. This exposes a pattern of unjustified discrimination against the idea that democracy is or ought to be a human right. (shrink)

We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin and variety of rights and (...) standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. _Rights: A Critical Introduction_ is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law. (shrink)

How wrong is it to deceive a person into having sex with you? The common view seems to be that this depends on the nature of the deception. If it involves something very important, such as your identity, then the wrong done is very serious. But if it involves something more trivial, such as your natural hair colour, then the wrong seems less great. Tom Dougherty rejects this view. He argues that sexual deception is always seriously wrong. In this paper, (...) I present a response to Doughterty’s argument. I propose an analysis of the wrongness in deception according to which acts of deception, in sexual relations and elsewhere, may differ in their degree of wrongness, and some may not be seriously wrong. (shrink)

In this paper I argue, from the point of view of a legal positivist conception of law and its associated approach to legal interpretation, that having a ‘democratic Bill of Rights’ as a basis for enacting ‘human rights legislation’ is more legitimate and likely to be more effective with respect to promoting human rights than the contemporary model of using ‘juridical Bills of Rights’ as a basis for modifying or overriding enacted legislation.Resumen:Desde una concepción positivista del derecho y su respectivo (...) enfoque hacia la interpretación jurídica, en este artículo se argumenta que el tener un “Bill of Rights democrático” como base para expedir una “legislación de derechos humanos” resulta ser más legítimo y más efectivo para la promoción de los derechos humanos, que el modelo contemporáneo de “Bill of Rights jurisdiccionales” que sirve para modificar o invalidar la legislación promulgada. (shrink)

This paper contrasts individual and collective listening to music, with particular regard to the expressive qualities of music. In the first half of the paper a general model of joint attention is introduced. According to this model, perceiving together modifies the intrinsic structure of the perceptual task, and encourages a convergence of responses to a greater or lesser degree. The model is then applied to music, looking first at the silent listening situation typical to the classical concert hall, and second (...) the noisy listening situation typical to rock or jazz concerts. (shrink)

In this invaluable introduction to the study of human society, the author presents the influential theories of Aristotle, Hobbes, Smith, Marx, Durkheim, Weber, and Alfred Schutz.

Freedom of speech and of the press have long been central rights within democratic polities, but there is little agreement as to their content, scope or justification. These essays take up fundamental issues concerning freedom of communication in general, and some controversial areas as well.

This chapter considers Adam Smith’s largely empirical methodology and the relationship between that and his normative moral views in the light of its importance for understanding his work and the assessment of the relevance of his approach to contemporary circumstances. This involves an analysis of Smith’s version of Newtonianism within his theory of moral systems, noting the importance of his deistic theological assumptions for the understanding of the symbiotic relationship between Smith’s explanatory and prescriptive enterprises. The relationship between Smith’s account (...) of utility and the moral sentiments is illustrated by reference to his theory of markets. (shrink)

Our use of ‘I’, or something like it, is implicated in our self-regarding emotions, in the concern to survive, and so seems basic to ordinary human life. But why does that pattern of use require a referring term? Don't Lichtenberg's formulations show how we could have our ordinary pattern of use here without the first person? I argue that what explains our compulsion to regard the first person as a referring term is our ordinary causal thinking, which requires us to (...) find a persisting object as the mechanism that underpins the causal structure we naturally ascribe to the self. I thus argue against Peacocke's picture (2012), on which it's the cogito that explains one's knowledge of one's own existence. (shrink)

This interdisciplinary selection of essays represents the explosion of scholarly interest since the 1960s in the pioneering feminist, philosopher, novelist and political theorist, Mary Wollstonecraft. Organized by theme and genre, the collection deals with the full range of her work, reproduces the most important modern Wollstonecraft scholarship, tracks the development of the author's reputation from the nineteenth century and demonstrates Wollstonecraft's importance in contemporary social, political and sexual theory and in Romantic studies.