Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the (...) modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (shrink)

We all know that we have and are our bodies. But might it be possible to leave this common place? In the present article we try to do this by attending to the way we do our bodies. The site where we look for such action is that of handling the hypoglycaemias that sometimes happen to people with diabetes. In this site it appears that the body, active in measuring, feeling and countering hypoglycaemias is not a bounded whole: its boundaries (...) leak. Bits and pieces of the outside get incorporated within the active body; while the centre of some bodily activities is beyond the skin. The body thus enacted is not self-evidently coherent either. There are tensions between the body’s organs; between the control under which we put our bodies and the erratic character of their behaviour; and between the various needs and desires single bodies somehow try to combine. Thus to say that a body is a whole, or so we conclude, skips over a lot of work. One does not hang together as a matter of course: keeping oneself together is something the embodied person needs to do. The person who fails to do so dies. (shrink)

The community has legislatively conferred on external auditors a special but lucrative responsibility to provide fair and independent opinions about management''s preparation of company financial statements. In return, auditors are obliged by professional standards to act with integrity, independently and in the public interest. This study examined 174 auditors'' predisposition to provide just and fair judgements, using Kohlberg''s theory of developmental moral reasoning, one of the most widely accepted theories in justice psychology. Respondents came from five international audit firms in (...) Copenhagen. Results indicated that auditors with pre-conventional or low level of just reasoning or comprised 64 respondents, the largest group in the sample. The pre-conventional level suggests that people will act in their own self-interest and do the right only to avoid punishment. Pre-conventional auditors have the ability to "do deals", advantageous for business. When faced with an ethical crisis, however, auditors as this level will tend to focus on their own needs at the expense of others. The post-conventional or mid level of just reasoning comprised 59 auditors, second largest group in the sample. This level indicates that these auditors have the predisposition to act fairly on principal, particularly when faced with an ethical crisis. The conventional level or mid-just reasoning consisted of 51 auditors. People with a conventional level of just reasoning believe in law and order, the maintenance of the status quo, however they tend not to be critical of laws, nor authority even if those laws and authority are unjust or evil. (shrink)

Questions of how we claim to know the things that we know and whose claims to knowledge are treated as authoritative are inescapable in reaching legal judgments. I want to illustrate this generalization by referring to a pair of hypothetical self-defense cases that, I argue, require fact finders to judge both how “accurately” each defendant understood the situation in which he found himself and how accurately policymakers can assess the consequences of alternative legal rules.The first case I will deal (...) with is one in which the defendant shoots and kills her sleeping husband. The husband had physically abused her over a long period. While the defendant will of course acknowledge that she was in no immediate danger at the moment she killed the man, her preliminary claim is that she needed to act self-defensively at that moment for fear that she subsequently would be incapable of defending herself against life-threatening attacks that she was convinced would inevitably be made.The second case is one in which a white defendant shoots and kills a black teenager who has confronted him on the subway, in a situation in which the teenager’s “threats” were ambiguous. The shooting victim had brandished no weapon and made no physical contact with the defendant, but he had “asked” the defendant for money and, in the defendant’s mind, displayed a generally threatening demeanor. I will presuppose that this defendant—unlike Bernhard Goetz, the defendant in the notorious New York subway vigilante case on which I partly base this hypothetical model—overtly acknowledges that the race of the victim played a substantial role in his assessment of the danger of the situation. Mark Kelman, professor of law at Stanford University, is the author of A Guide to Critical Legal Studies as well as a number of articles on law and economics, taxation, criminal law, and legal theory. (shrink)

There is a dilemma at the heart of the moral life, in that we often appeal to the Decalogue as being the basis of a common morality, yet it is impossible to justify these precepts as self-evident. I resolve this dilemma in light of Aquinas’s analysis of the relation between the self-evident precepts of the natural law and the Decalogue. The self-evident precepts (that man should live in society and should know and love God) follow directly from (...) human nature. The precepts of the Decalogue indicate how those goods are to be pursued in the context of just social relations. It is this contextualization in terms of just relations that prevents them from being self-evident and, correspondingly, requires their revelation. Since the commandments act as invitations to pursue the good without the defects of injustice, they are the most manifest condition for achieving the end of human happiness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Self-Knowledge, Friendship, and the Promulgation of the Natural LawScott J. RonigerKnow Thyself.—Inscription on the pronaos of the Temple of Apollo at DelphiChristian, remember your dignity, and now that you share in God's own nature, do not return by sin to your former base condition. Know who is your head and of whose body you are a member. Do not forget that you have been rescued from the power (...) of darkness and brought into the light of the kingdom of God.—Pope St. Leo the GreatIn this essay, I wish to discuss the relationships between self-knowledge, ethics and political life, and our knowledge of the natural law. I hope to show that our knowledge of natural law depends to a large extent on what we take ourselves to be, simply as human beings, and that our knowledge of what it is to be human is foundational for and textured by our social and political life. It is through the lens of these interconnected issues that I will engage Pierre Manent's thoughtful and provocative book, Natural Law and Human Rights: Toward a Recovery of Practical Reason. I will not simply provide an exegesis of Manent's work, which is rich and repays careful reading, nor will I argue directly for or against his fundamental points; rather, I take his work as a springboard to discuss the connection between our knowledge of ourselves, our ethical and political lives, and our knowledge of the natural law. In so doing, I will perhaps confirm and strengthen what I take to be Manent's central thesis. [End Page 287]Manent claims that the project of human rights, with the modern "state" understood as the guarantor of such rights, is inextricably tied to an erroneous understanding of human beings as naturally isolated and apolitical individuals. He shows that this impoverished modern understanding of human nature, and of human rights protected by the state as its offspring, distorts our self-understanding and saps the intelligibility of law, natural or otherwise, as well as the fecundity of human action. According to Manent, and contra Jacques Maritain, modern human rights must be understood as a feeble replacement for, not founded upon, the classical understanding of natural law.1 Further, Manent argues that it is modern political philosophy that generates the modern state as the "sovereign instrument" wielded to protect human rights, with the result that civic and political friendship becomes more difficult as the state becomes more powerful. Modern political philosophy is therefore at the basis of our distorted understanding of ourselves and our inability to engage in the friendships that hold polities together.Before discussing these issues in detail, it will be helpful to say a word about the way in which Manent approaches them and about how my own approach relates to his. Manent says that he is "inside a triangle: politics, philosophy, religion." He claims that he has never been able to devote himself entirely to any one of those three poles and that he finds "a fragile equilibrium, or rather a productive disequilibrium, in this questioning... concerning the very manner in which these three dimensions are articulated throughout Western history."2 Manent's book on natural law and human rights evidences this fecund triangulation of politics, philosophy, and religion. Manent also says that, through his studies, he has come to adopt a "'classic' view of political life, which gives... a better view of the eternal play between the few and the many, beyond the democratic enthusiasm characteristic of modern societies."3 Aristotle, as the political scientist and philosopher par excellence, occupies a prominent place in Manent's classical [End Page 288] view of political life, and the central role of Aristotle's ethics and political philosophy is also on display in Manent's work on natural law, especially in the book's final chapter. Manent's knowledge of modern political philosophy and his Aristotelian view of political life give him a sharp awareness of the differences between ancient and modern approaches to philosophical, ethical, and political questions, an awareness that permeates his previous work on political form and his recent book on natural law.I will concentrate... (shrink)

In Fichte’s early views of the basic laws of traditional formal logic, primarily the law of identity, there is a tension that has gone surprisingly unexplored: While Fichte holds the statements of these laws to be self-evidently true and absolutely certain, he nevertheless claims that they remain to be justified by his “Science of Knowledge.” The aim of this article is to make sense of this tension and to explore how it translates into the dialectical structure and methodology of (...) Fichte’s first Jena Wissenschaftslehre. This is done by, first, conjecturing—in a somewhat ahistorical, yet Fichte-based, fashion—a reason for Fichte’s justificatory demand. It is argued that the validity of the law of identity can be questioned because our belief in its absolute generality appears to be self-refuting in that it involves an antinomy akin to Grelling’s semantic antinomy of the heterological. This antinomy, when, secondly, related to Fichte’s purported justification of the law of identity, serves as a key to understanding why there is an antinomic conflict between Fichte’s supreme principle—namely, the self-positing pure I—and its adversary, the not-I, in the first place. Tracing their contradiction back to that semantic antinomy inherent in our formal-logical certainties opens up a new way of seeing Fichte as radicalizing Kant’s critical philosophy, understood as the project of the self-preservation of reason against reason’s own antinomies. (shrink)

When we understand the ontological, political and legal underpinnings associated with the concept of freedom, liberty and rights, we understand the relationship between rights and laws. Rights can be understood as liberties or as laws. Liberties can be understood as de facto rights or as de jure rights. It is de jure rights that are recognized as laws that provide the basis for the rule of law. It is the rule of law that provides the basis for equal rights and (...) equal justice in an ideal republic. Rights, laws and the rule of law are distinct. Rights are self-evident truths. Laws are imperatives backed by sanctions (John Austin). The rule of law is a principle that purports that the recognition de facto and de jure rights provide the basis for political, social and economic justice. People live by the rights recognized by law. As such, the rule of law advocates two fundamental underpinnings in a republic: (1) the recognition of rights as the basis for equal rights and equal justice, and (2) the recognition of law as the basis for governance. (H.L.A. Hart). However, since the recognition of law is the recognition of rights, the recognition of rights precedes the governance by law principle. What is fundamental to the rule of law is that it recognizes rights, legitimizes political rule and administers equal/blind justice (Meyers, 1213). As such, no branch of government can weaponize laws to terminate recognized individual rights. The maxim of the republic should be – while anyone can be the ruler, everyone lives as free as the ruler. Majority rule and protection of self-evident individual rights is fundamental to an ideal republic. Keywords: law, equal rights, equal justice, impunity, rule of law. (shrink)

Among the most surprising claims in The Methods of Ethics is Sidgwick’s assertion that his key ethical axioms are corroborated by Kant. This article analyses Sidgwick’s claim that his axioms of justice and benevolence closely correspond to particular features in Kant. I shall argue that his claim of agreement with Kant was a serious overstatement. In particular, the restrictions which Sidgwick places on his acceptance of Kant’s universal law formula of the categorical imperative (FUL) seem to call into question whether (...) the alleged convergence with the axiom of justice has a solid basis. Further, Sidgwick seemed unaware of a crucial aspect of Kant’s conception of the humanity formula that constitutes a substantial divide between their views on benevolence. The upshot is that the divide between Kantian and Sidgwickian ethics appears deeper than Sidgwick seemed to realize. This analysis is confirmed by Sidgwick’s famous worries regarding freedom and the existence of God in Kant’s work. (shrink)

In this paper, I argue that Plato conceives self-motion as non-spatial in Laws X. I demonstrate this by focusing on the textual evidence and by refuting interpretations according to which self-motion either is a specific type of spatial motion or is said to require space as a necessary condition for its occurrence. Moreover, I show that this non-spatial understanding differs from the identification of the soul’s motion with locomotion in the Timaeus. Consequently, I provide an explanation for (...) this difference between the Timaeus and Laws X by considering developmentalist and contextualist viewpoints. (shrink)

In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns (...) to literature, which, in its linguistic density, transposes the clean abstractions of law and philosophy into persistent shadows, the abiding presence of the incommensurate. Justice can only be a partial answer to the phenomenon of human conflict. In arguing for justice as an _incomplete_ virtue, Dimock draws upon legal history, political philosophy, linguistics, theology, and feminist theory; she discusses Aristotle and Augustine, Locke and Luther, Marx and Durkheim, Michael Sandel and Carol Gilligan, Noam Chomsky and Mary Ann Glendon. She also examines an unusual configuration of nineteenth-century American authors, pairing figures such as Herman Melville and Rebecca Harding Davis, Walt Whitman and Susan Warner. The result is a book both passionate and scholarly. It invites us to rethink the meanings of literature, law, and philosophy, and to imagine a language of community more supple and more nuanced than the language of justice. (shrink)

One does not need to read many pages of this very rich book to realize that it is the fruit of a lifetime of study and that it is both speculatively wise and prudent. Though it may not receive the same degree of attention as other well publicized studies it clearly ranks with studies such as Hart's The Concept of Law and Erlich's The Sociology of Law. The author intends to develop a systematic theory of positive law, with close attention (...) to the circumstances that bring law into being, the purposes that law is designed to serve, and the structure of the legal system itself. He also proposes to apply this theory to an examination of the problems that law faces and the conditions that it must satisfy if it is to be an effective force in society. Nineteen chapters follow. Jenkins is aware that the study of law is but part of the larger study of society from which law receives its tasks and form. To determine the origin, end and functions of law is to search for those objective principles that define the conditions of man's well-being. While the first part of the book is concerned with the formulation of a general theory of law, the second explores the role of law in the social order and the conditions of legal effectiveness. Jenkins provides dramatic evidence that in our day, particularly in the United States, law is being employed for purposes that are unprecedented. "The legal apparatus," he writes, "is being asked to intervene in areas of social and personal life that have hitherto been handled by other agencies in other ways." It is the author's judgment that these nontraditional uses of law have for the most part been disappointing in their results. "We abuse the legal apparatus," writes Jenkins "because we have inadequate notions both of what the law is and how it works." Jenkins is convinced that law supplies the compelling social need for a force that is at once sovereign and principled. As sovereign it is entitled to habitual obedience and to the use of force when necessary. As sovereign, subject to no external control, it must be principled. It must govern itself by self-imposed provisions and mechanisms that determine the use of this power and prevent it from becoming autocratic and arbitrary. (shrink)

A key question in comparative law is why different legal systems provide different legal solutions for the same problem. To answer this question, we use novel comparative evidence on how the conflict between the dispossessed original owner and the bona fide purchaser of a stolen good is resolved in different countries. This is the most primitive manifestation of a fundamental legal choice: the balance between the protection of the owner’s property rights and the enhancement of the buyer’s reliance on (...) contracts. We test four prominent theories: functional equivalence, legal origins, political economics and cultural economics. We find that a culture of self-reliance is the key determinant of comparative variation in this area of law. (shrink)

The subject “rule”, which is one of the most fundamental issues of the Islamic legal theory (usūl al-fiqh), has been in the center of methodological debates. There is one important term in this regard, which should be studied very carefully: Khiṭāb(speech) of the God. It is because that, especially since the first period of Islam, it has been taken with some significant terms in the field of Kalāmsuch as Husn (pretty; good), Qubh (ugly; evil), and the quality of God’s talk. (...) Yet, adopting this term in the description of the “rule” shows that Fiqh is based on divine inspiration, and it also emphasizes that even though there are some differences in details, wisdom of human being is not ignored when adjudicating. Moreover, it suggests that the validity or methodological accuracy of the “rule” which is adjudicated with ruling case is related to the connection through the term speech or divine inspiration. In this regard, Kalāmdimension of the term and its affect to legal theoretical discussions are very important in terms of historical process of the definition of the “rule” in Islamic law. In this study, I tried to examine whether or not the term “khiṭābof the God” which is used in the definition of the “rule” formed a limitation for consideration of legal evidence in Islamic law and if there is any limitation for the legal evidence regarding being only in the Qur’ān and the Sunnah due to this definition.SummaryThe “hukm (rule, arbritation, judgment, God’s will)”-as the backbone notion in usūl al-fiqhis one of the significant key notions discussed in the legal theory. Specifically, the term “khitabullah” mentioned in the definition of hukmis noteworthy to investigate. Since the early formation period of Islamic law, the term khitabullahhas been embraced along with the theological subjects: “husnand qubuh(the good and evil) and kalām(the attribute of speech to Allah)”. The term “khitabullah” in the definition of hukmemphasizes that indeed the source of fiqhis the revelation (wahy) and also emphasizes that the function of reason (‘aql) is not ignored in the process of adjudication- even if there are some nuances in details.Additionally, it presents that the validity or methodological accuracy of the “rule” which is adjudicated with ruling a case is connected to the term speech (khitāb), or in other words to revelation (wahy).On the whole, in the legal theory, the rule of Sharī‘ah is defined as God’s khitab(the communication of God), which means the demand of God relating to the acts of those who are subject of law or the effect of the khitābon the acts of those persons. Although, in the early formative period various explanations were made about what the rule is, it can be understood that the present definition of hukmbegan to evolve towards the end of the 5thcentury (A. H.). It is clear that al-Ghazālī had an impact on the formation of this definition. It is because al-Ghazālī defined the rule of Sharī‘ahas “the communication from God relating to an act of the person who is the subject of law”. After al-Ghazālī, al-Rādī and al-Baydāwī added to al-Ghazālī’s definition the words “iqtidā and takhyīr” and Ibn Hājib added “wad‘an”. Whereas in the Mutakallimun(theologians) tradition, Ibn Hacib's definition was preferred, Fuqaha(jurists) tradition chose two definitions-resembling each other: “Those coming to exist with the khitāb” and “the effect of God’s khitāb”.Along with al-Ghazālī’s definition, the concept of khitābcarved out a niche for itself in it and became the main element of the definition. It is understood that some discussions in the field of theology, such as husn-qubhand God’s attribute of speech have been effective on the interpretation of the concept of khitāb. The Ash‘arilegal theorists argue that the good and evil are not attributes of the self / the acts, whereas the Maturidi legal theorists argue that the exploration and determination of these attributes is rational and thus, the verdict reached via this rationale is lawful. The Maturidi legal theorists initiated the concept of being subject of law with the concept Sharī‘ah and in the line with this opinion; they defined hukmon the basis of khitāb. On the other hand, the Mutazilites’ claiming the attribute of good and evil are inherent feature of the act, did not define hukmon the basis of the khitābaccording to their theological understanding. The word of khitābassessed with God’s eternal speech (al-kalām al-azalī) has been approached from various aspects: for instance, whether the presence of the addressee is mandatory. The early Asharites scholars (mutaqaddimun), in particular Imam Asharī, did not entitle the eternal speech as khitāb. They consider that the presence of the interlocutor is necessary in the conversion of Kalāminto khitāb. The mutaakhirunAsharites (successors of the early Asharites scholars) did not consider the presence of the interlocutor necessary, thus they viewed the eternal speech as khitāb. The former identification of the hukmwith khitābby the early Ashari legal theorists caused to the problem of whether hukmis adventitious or not. Therefore, this approach was criticised by the Mutazilites. On the other hand, the Maturidi and Mutezilite legal theorists accept that hukmis adventitious; hence they do not consider as a problem naming the eternal speech of God as khitāb.When the historical course is examined, it can be said that one of the important aspects of the development of hukm’s definition is the use of khitāb. Khitābin some cases is used without possessive construction, in other cases it is used with possessive construction with God, or in possessive construction with shar’ or Shāri’. The most important one within these possessive constructions is the notion “khitaballah”. Therefore, it is necessary for khitaballahto be approached from the angle of the legal theory. In comparison to other terms, this notion narrowed the scope of the rule down. In the meanwhile, it raised the question: how the rule deduced via legal evidences can be incorporated in khitāb? As a consequence of this question, some legal theorists, such as Tūfī, proposed another definition by adducing this question.Although it is commonly accepted that the rules deduced via other evidences are within the context of the khitāb, there are also different descriptions about the concept of khitaballah. The rule is not limited to khitaballahin the conception of traditional interpretation accepting the khitābas eternal speech or literal speech (al-kalām al-lafzī). Because either all evidences are within the context of the khitāb,which is the eternal speech or other evidences are within the context of the khitāb,which is the literal speech. Thus, each result coming to exist with the other evidences is part of the Islamic law. But not all of these rules are considered equal to each other. Because each rule which is deduced from indisputable origin (qatii al-thubut) and is deduced from completely explicit sources (qatii al-dalala) are accepted as the word of God or the Prophet. On the other hand, other rules deduced via jurisprudence- in other words by jurist’s own value of judgment is viewed as the virtual rule (al-hukm al-zāhir). Such rules do not express absolute certainty. It is unacceptable for these rules to be described as the word of God or the Prophet. In this way, it is clearly understood that the concept of khitaballahmentioned in the description do not introduce restriction to the evidences ofSharī‘ah.We do not see a contradiction when the indefinite rules of Islamic law included in the context of khitāb. Because ijtihāddoes not aim to produce a new rule, on the contrary it functions in order to find out the already existing rules. The legitimacy of the rule obtained through ijtihādemerges from the way that this rule is deduced from the khitāb,which directly or indirectly represents the divine will. In addition, according to us, this legitimacy is not merely limited to versification and conception of the khitāb, but it also includes the function of the reason in (reasonable of the) khitāb. As a matter of fact, trying to solve unlimited cases with limited texts is difficult- in fact this is impossible. The majority of the legal theorists also share this opinion. Then, there is no obstacle in accepting that each rule obtained by authentic source and methodology can be considered part of Islamic law by implicating the rule in the context of khitāb(which represents the divine will) - although it may contain error and presumption. (shrink)

To assess the utility of appeals to natural law as a way of projecting ethical claims across ideological and cultural boundaries, three examples of such appeals in just war theory are critically analyzed and evaluated: those of contemporary international lawyers Myres McDougal and Florentino Feliciano, theological ethicist Paul Ramsey, and Franciscus de Victoria, a sixteenth-century Spanish theorist whose recasting of Christian just war thought gave rise to secular international law. The conclusion is that natural-law appeals today can no longer depend (...) on their own self-evidence, but must be attempts to uncover commonality as to what is natural. (shrink)

Information communication technology is spreading fast and wide. Driven by convenience, it enables people to undertake personal tasks and make decisions more easily and efficiently. Convenience enjoys an air of liberation as well as self-expression affecting all areas of life. The industry for children's toys is a major economic market becoming ever more tech-related and drawn into the battle for convenience. Like any other tech-related industry, this battle is about industry dominance and, currently, that involves networked toys. Networked toys (...) aim to enhance convenience for children and parents alike. Increasingly difficult to resist, these convenient networked devices are also a societal game changer. Neatly nestled in a lacuna juris and surrounded by a lack of clinical evidence, networked toys raise complex ethical issues concerning human development. This article lays bare the regulatory nexus for networked toys and invites ethical thinking to fill the gap to ensure sufficient protection for all human developmental stages. Networked toys not only affect but also might interfere with child development. Therefore, the article initially summarises the four key psychological stages through which the neurological development of the human brain processes. Each of these stages involves vital windows for human development in cognitive, emotional and social dimensions. Missing any of these developmental windows changes an individual human for life. The article then takes a look at the two main legal frameworks protecting the stages of human development which are applicable to networked toys: First, the examination of the human rights framework with its major segments emanating from the fundamental rights to privacy for family and home, to a child's education as well as to personal data reveals the use of current networked toys as a shielded part of parenting which tends to be at odds with privacy and data protection requirements. Second, the product liability framework for toy manufacturers requires evidence-based causality for putting a child's safety at risk. Unfortunately, these legal frameworks fail to offer sufficient protection of the human developmental stages. There is a lacuna juris. Although networked toys involve the risk of negatively impacting human development in every dimension, clinical psychological studies are impossible to acquire as court evidence for product liability because they take too long to provide reliable data while exposing several generations of children to the examined risk in the process. Meanwhile the temptation of convenience continues to drive the industry and consumers of networked toys and devices, which are already impacting children of all age groups. Accepting this phenomenon as an element of cognitive dissonance in society and in science falls far short of an appropriate ethical balance. The need for creating such an ethical balance concerning networked toys is all the more imperative because even if the networked toy industry managed to eliminate all psychological risks for human development and every legal conflict with privacy and security, significant ethical and societal risks of networked toys remain due to inevitable technological bias. Against these mounting changes, it is suggested that only an ethical approach of interdisciplinary research and learning seems most promising to develop an appropriate equilibrium between the complex challenges posed by networked toys and the societal values at stake. (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but that (...) they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

I propose understanding CP-law statements as statements that assert the existence of vague statistical laws, not by fully specifying the contents of those laws, but by picking them out via a description that is both self-referential and self-locating. I argue that this proposal validates many common assumptions about CP-laws and correctly classifies many examples of putative CP-laws. It does this while avoiding the most serious worries that motivate some philosophers to be skeptical of CP-laws, namely the worry that (...) they lack non-trivial truth conditions and that it is impossible for empirical evidence to disconfirm them. (shrink)

This article focuses on the events surrounding a homosexual Romanian man's attempt to be recognized as a refugee in Britain. Numerous themes emerge such as the nature of authenticity, knowledge, identity, pleasure, evidence and the homosexual refugee as being caught in between two legal apparatuses (that is, fleeing from the hostility of one legal regime and then trying to gain refugee status, and thus legal protection, via a British Immigration Tribunal). In this article, the corporeality and sensuality of legal (...) practices are exposed in the form of `practices of truth'. That is, in this case medico-legal `living individuals' were to perceive, hear, speak, touch and penetrate the `secrets' of Mr Vraciu's body in order to authenticate his sexual identity for the purposes of law. This case also demonstrates the existence of a differend between what I describe as the self-knowledge of homosexuality and the `legal' fact-based, or authorized knowledge of homosexual identity produced through practices of truth. (shrink)

Moral and political philosophers no longer condemn harm inflicted on nonhuman animals as self-evidently as they did when animal welfare and animal rights advocacy was at the forefront in the 1980s, and sentience, suffering, species-typical behavior, and personhood were the basic concepts of the discussion. The article shows this by comparing the determination with which societies seek responsibility for human harm to the relative indifference with which law and morality react to nonhuman harm. When harm is inflicted on humans, (...) policies concerning negligence and duty of care and principles such as the ‘but for’ rule and the doctrine of double effect are easily introduced. When harm is inflicted on nonhumans, this does not happen, at least not any more. As an explanation for the changed situation, the article offers a shift in discussion and its basic terminology. Simple ethical considerations supported the case for nonhuman animals, but many philosophers moved on to debate different views on political justice instead. This allowed the creation of many conflicting views that are justifiable on their own presuppositions. In the absence of a shared foundation, this fragments the discussion, focuses it on humans, and ignores or marginalizes nonhuman animals. (shrink)

Responsibility theorists frequently discuss psychopathy because it challenges various accounts of the capacities required for appropriate ascriptions of moral and legal responsibility. As often described, the psychopath has the capacity to reason practically but lacks the capacity to grasp and control himself in light of moral considerations. As portrayed, then, the psychopath resides in the area of disagreement between two philosophical camps: (i) theorists who put forth the general capacity for practical reasoning or rational self-governance as sufficient for an (...) agent to be appropriately held morally responsible for his conduct; and (ii) theorists who view that general capacity as necessary but not sufficient for moral responsibility, additionally requiring the capacity to grasp and respond to distinctly moral reasons. On the former view, we may appropriately hold psychopaths responsible for their wrongful actions, but not on the latter. This article does not aim to describe the opposing views and argue for one over the other. Rather, I propose to deflate the debate as far as possible, attempting to reduce the area of disagreement. Meaningful disagreement exists only if there are, or could be, agents who have an undiminished capacity for practical reasoning or rational self-governance, yet truly are incapable of moral reasoning. However, I suggest that the capacity for rational self-governance entails the capacity to comprehend and act on moral considerations; thus, to the extent that an individual truly is incapable of grasping moral reasons, we should expect to find deeper, more general deficiencies in that individual's rational capacities. I appeal to the work of leading researchers who study individuals with psychopathy to determine whether psychopaths do represent rational self-governors without the capacity to grasp moral considerations. I argue that this work strongly suggests that the psychopath's incapacity for moral reasoning is, indeed, evidence of more general deficits in the rational capacities required for fully accountable agency. The Article closes with relevant considerations for thinking about any implications for criminal law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Coherence of a Mind: John Locke and the Law of Nature*Alex Tucknessit is almost thirty years since John Dunn’s book, The Political Thought of John Locke, argued that a more coherent understanding of Locke was possible if his religious beliefs were taken to play a crucial role in his political theory.1 Since that time many scholars have expanded our historical knowledge of the role of religion in Locke’s (...) political thought.2 This article will not use a historical methodology, but will rather take the claim that religion is crucial to Locke’s thought as a starting point. When one combines this assumption with a careful reading of the Two Treatises of Government (Two Treatises), The Reasonableness of Christianity as Delivered in Scripture (The Reasonableness), and the Essay Concerning Human Understanding (Essay), significant progress in resolving many of the long-standing difficulties in Locke’s theory of natural law is possible.The difficulties are indeed serious. Prior to Locke there was a long standing theological debate about whether the laws of nature were binding because they were the command of God (voluntarism) or binding because of their intrinsic compatibility with reason (“rationalism” or “intellectualism”). There has been much dispute about whether Locke was consistently a voluntarist or not.3 Second, Locke argues in the Essay that the principles of morality are [End Page 73] capable of proof just like principles of geometry, yet Locke never produced a proof of the law of nature. In the Second Treatise the laws of nature are more asserted than defended, as if they were self-evident, yet in The Reasonableness Locke says that it is exceedingly difficult to discover the moral law through reason alone and says that no one has ever discovered the complete law of nature through unaided reason. It appears that Locke “… went on believing the arguments of the Second Treatise were plainly true even after he knew he could not properly ground them in natural law….”4Third, Straussians have been quick to point out that Locke adopted a hedonistic theory of human motivation and of good and evil, a position which seems to sit poorly with a Christian theory of natural law. Locke claimed that men5 were motivated to obey the law of nature by their perception of future pleasure or pain and that divine sanctions in the next life were necessary for the law of nature to be a proper law, yet later in life Locke admitted his inability to prove the existence of an afterlife.6 Fourth, the account of moral knowledge in the Essay seems to sit poorly with Locke’s account of natural law in the Two Treatises; his commitment in the latter to empiricism is questionable and the law of nature is presented with little argument as if it were obvious. Laslett has argued that the difficulties are so severe that Locke the philosopher of knowledge and Locke the political thinker should be kept very separate.7 This article will respond to each of these difficulties in order to show that Locke’s theory of natural law is more coherent than his critics have allowed.1. the ground of natural law: rationalism and voluntarismThe early Essays on the Law of Nature of Locke link morality to conformity with the rule of a superior; it is the will of God which provides the essential binding force of the law of nature. (ELN 183–185)8 In the Essay Concerning Human [End Page 74] Understanding, this theme continues. “I grant the existence of God, is so many ways manifest, and the Obedience we owe him, so congruous to the Light of Reason, that a great part of Mankind give Testimony to the Law of Nature”: But nonetheless many affirm these principles not “admitting the true ground of Morality; which can only be the Will and Law of a God, who sees Men in the dark, has in his Hand Rewards and Punishments, and Power enough to call to account the Proudest Offender” (Essay 1.3.6).There are, however, passages which seem to point to a more rationalist account of morality. When Locke writes in the Two Treatises that... (shrink)

Financial conflicts of interest in medical research foster deviations from research standards and evidentially lead to the suppression of research findings that are at odds with commercial interests of pharmaceutical companies. Questionable research practices prevent data from being created, made available, or given suitable recognition. They run counter to codified principles of responsible conduct of research, such as honesty, openness or respect for the law. Resulting in ignorance, misrepresentation and suspension of scientific self-correction, suppression of medical evidence in (...) its various forms is both a threat to the epistemic and the moral integrity of medical science. This paper discusses an example of the suppression of medical evidence in recent influenza research and develops a conceptual framework for the description and assessment of questionable research practices applied in research and publication processes to suppress evidence. (shrink)

Tradition usually assigns greater importance to the so-called laws of thought than to other logical principles. Since these laws could apparently not be deduced from the other principles without circularity and all deductions appeared to make use of them, their priority was considered well established. Generally, it was held that the laws of thought have no proof and need none, that as universal constitutive or transcendental principles they are self-evident.

The philosophy of nature, which encompasses the comprehensive study of the natural world, became intimately linked with the interdisciplinary approach of self-organization theory, or synergetics, as it was revealed in the latter third of the 20th century. This novel understanding of reality and its connection to synergetics becomes evident when comparing the panlogism of G.W.F. Hegel and the dialectical materialism of F. Engels, both based on 19th-century scientific achievements, with contemporary issues in natural science. This comparison is justified as (...) the worldviews formulated by Hegel, Marx, and Engels significantly influenced the development of civilization in the 20th century. Similarly, synergetics appears poised to become the cornerstone of the emerging scientific worldview. The philosophical legacies of these classical thinkers play a crucial role in shaping the theory of self-organization. Hegel examined the question of self-development within complex systems and analyzed culture through this perspective, consequently, he can be considered a precursor to synergetics. His viewpoint on the philosophy and methodology of science as a means of reflection within the domain of knowledge remains influential. The evolutionary approach, which Engels regarded as one of the major accomplishments of 19th-century science, now serves as the foundation for numerous contemporary scientific disciplines, including synergetics itself. The philosophical approach to seeking elementary entities, from which the properties of the whole could be discerned, emerged as the driving force in the development of 20th-century science. Concurrently, the challenges confronting humanity have significantly transformed the realm of scientific knowledge. Emphasis has shifted toward the laws governing the interactions of elementary entities, as well as the associated issues of structure, chaos, and self-organization. The roles of mathematical modeling, intra-scientific reflection, and large-scale projects have proven to be more critical than initially anticipated by the classical philosophers. The ongoing humanitarian and technological revolution necessitates new responses to the profound and significant questions originally posed by Hegel and Engels. (shrink)

John Finnis proposes that practical reason finds the basic meaning of all human choice and action in a set of self-evident ends. Finnis terms these ends, "basic goods." He suggests that "integral human fulfillment" is attained by honoring a set of equally self-evident requirements governing consistent respect for these same "basic goods." Such requirements have the character of moral obligation. In this view, the civil law exists to advance the observance of one such requirement: "that one foster and (...) favour the common good." The normative evaluation of law follows from this same requirement. Finnis considers Aquinas his precursor. Thomas does indeed assume the existence of self-evident goods of choice and action, but, in contrast to Finnis's goods, which are not based in ontology, Thomas's represent modes of becoming fully a human being according to a conception of human nature. H. L. A. Hart is a liberal thinker who was Finnis's contemporary and teacher at Oxford. A comparison of Finnis and Hart shows that Hart's characteristically modern perspective interprets the data of moral consciousness in a way which rejects not only Aquinas's ontology, as does Finnis, but goes further and rejects Finnis's cognitive interpretation of "basic goods." Comparison also shows that Hart shares Finnis's concept of law as technique, but unlike Finnis, who still grasps law in relation to a moral purpose, Hart's considers such a technique to be morally neutral. These patterns of similarity and difference between the natural law jurisprudence of John Finnis and the theories, respectively pre-modern and liberal, of Aquinas and Hart point to the distinctive character of Finnis's "basic goods" reasoning and highlight some of its salient strengths and weaknesses. (shrink)

Alstin, Zac At a March lecture in Canberra, Australian ethicist and pro-abortion activist Dr Leslie Cannold, spoke about the 'unfinished business' of abortion law reform in Australia. A frustrated friend sent me the transcript of this lecture and asked me to write something in response. But given the context of Cannold's lecture: a pro-abortion speech to a pro-abortion audience about pro-abortion law reform, a direct response seems impertinent. Plus, as a rule of thumb, when you play 'Pin the Tail' on (...) a live donkey you're liable to get a kick in the teeth. It makes more sense to take Cannold's speech at face value as evidence of an abortion activist's self-imposed mission in our society. To attack her for saying what she believes is perhaps in Cannold's own words "like blaming a leopard for having spots.". (shrink)

This Chapter studies legislative initiatives around sustainable finance deriving from the Action Plan: Financing Sustainable Growth (also called ‘Sustainable Finance Action Plan’, ‘Action Plan’ henceforth), published by the European Commission (‘Commission’) in 2018 (Communication 2018/97). I evaluate various instruments proposed in the Action Plan, using a reflexive law approach coupled with insights from business ethics and epistemology (De Bruin, 2013, 2015). I point to the challenges such an approach encounters, and offer suggestions how to address them. Reflexive law approaches to (...) legislation (Farber 1994, Hess 1999, Orts 1994, Farmer & Teubner 1994) acknowledge the limits of law as an instrument to realize social or political goals, and stress the need to encourage self-reflection and transparency among stakeholders through procedural rather than ‘command-and-control’ legislation. Typical reflexive law instruments involve disclosure, reporting, and labelling. Examining the Action Plan, I show that the main legislative instruments it puts forward are reflexive. I use empirical and theoretical work that challenges the effectiveness of some of these instruments. Drawing on recent work from behavioural economics I suggest that these problems may be overcome once we integrate more fully in reflexive law what it means for people ‘reflectively’ to recruit evidence and gather knowledge, and once we appreciate the value knowledge has over and above mere belief. My argument here is not so much to the effect that more interventionist regulatory tools are needed (they are dearly needed, but that is not the point here). Rather I argue that once a regulator opts for a reflexive law approach, a richer notion of information should be deployed. I call this ‘epistemic’ instead of ‘reflexive’ law. The Chapter gives some background information about the Action Plan, introduces the core ideas of reflexive law, shows how the Action Plan is reflexive law par excellence, considers the challenges, and offers a few modest suggestions. (shrink)

In the Summa Theologia I, beginning at question 2, article 3, and in the Summa Contra Gentiles I, beginning at chapter 13, Aquinas provides five proofs for the existence of God. These proofs are intended to demonstrate that God exists and to provide the foundation for a larger program to demonstrate many other doctrines which are held by faith. However, the program which Aquinas sets up for himself in the two great Summae is trivial and unnecessary if the existence of (...) God is self-evident in such a way that God's existence needs no demonstration. So, as a preamble to the five ways, Aquinas argues that the existence of God is not self-evident in any way that would hinder his program of rational theology.In STI the argument occurs in question 2, article 1, and in CGI it occurs in chapters 10 and 11. Aquinas also argues the same point in Commentum in Primum Librum Sententiarum distinction 3, question 1, article 2, and in Quaestiones Disputate De Veritate question 10, article 12. (shrink)

Sometimes, the availability of more evidence for a conclusion provides a reason to believe in its falsity. This counter-intuitive phenomenon is related to the idea of higher-order evidence, which has attracted broad interest in recent epistemological literature. Occasionally, providing more evidence for something weakens the case in its favor, by casting doubt on the probative value of other evidence of the same sort or on the fact-finder’s cognitive performance. We analyze this phenomenon, discuss its rationality, and (...) outline possible application to evidence law and to the law in general. It is suggested, inter alia, that such higher-order evidence may explain how judicial experience-based expertise in fact-finding is possible despite the absence of a feedback mechanism; and that fact-finders’ self-doubt regarding their own competence in making ‘beyond-reasonable doubt’ judgments might be reasonable and should not be ignored. (shrink)

Beyond reveals evidence of three of the most sought after universal and human mysteries - the origin of the universe, the location of God's spiritual dimension, and the origin of human consciousness. Beyond unveils a highly syntactic, pragmatic paradigm, a universal, interconnecting system that places access to all pre-existing potential knowledge in the possession of humanity. Dr. Sprock reveals these three discoveries as the Occam's razor (Scientific principle: All things being equal, the simplest explanation tends to be the correct (...) one) of explanations of how the universe was created, the location of God's spiritual dimension, and the origin of human consciousness. This new knowledge takes humanity to its final destination. We can now tap into the universal vault of information that is coded into the universal frequencies within the fabric of the universe that have their origin in the infinite, spiritual dimension of God consciousness. How the systems of the universe function are brought to Earth level and are explained as to how they work in everyday living situations. The emotional burden carried by humans, due to lack of understanding, of why situations and circumstances occur are lifted, freeing you to focus on your life without emotional upheavals that distract you from your destiny's path. Beneficiaries are empowered to choose anew rather than continually recall and repeat undesired patterns of resistance-attraction and self-sabotage. This knowledge will bring greater joy and prosperity into your life. All the dots of modern science and ancient scripture have been connected. The code has been cracked and now will shift the perception human consciousness has of reality, forever. This is a huge game changer for the consciousness of humankind. Once this knowledge is introduced, accepted, and then applied to your daily routines, you will receive the boost needed to surge beyond your 10-12% brain usage at this point in your history. The Bose-Einstein Condensation is in direct concurrence with Dr. Sprock's location of God consciousness; the wave/frequency aspect of Nature yields the mental/consciousness; the particle/matter aspect of Nature yields the material. Dr. Sprock applies this phenomenon to the God consciousness/human consciousness connection. Dr. Sprock takes the Condensate a step further and explains the location of God consciousness existing in a spiritual, infinite dimension that spatially extended Spiritual DNA consciousness through frequency (Wave), which then vibrated to form density particles (Matter), creating the three dimensions of the physical universe and the origin of human consciousness. The frequencies carry the codes of God consciousness to human consciousness via the physical brain and the subconscious mind hologram. (shrink)

This paper argues for the superiority of international law’s existing ban on unilateral secession over its reform to include either a primary or remedial right to secession. I begin by defending the claim that secession is an inherently institutional concept, and that therefore we ought to employ institutional moral reasoning to defend or criticize specific proposals regarding a right to secede. I then respond to the objection that at present we lack the empirical evidence necessary to sustain any specific (...) conclusion regarding an international legal right to secession. Specifically, I argue that we ought to adopt a precautionary approach, and that such an approach justifies giving no weight to promoting political self-determination per se when considering whether to reform international law governing secession. I conclude with several reasons to think that even a remedial right to unilateral secession will detract from, not enhance, the international legal order’s ability to promote peace and human rights. (shrink)

Our universe, science reveals, began in utter simplicity, then evolved into burgeoning complexity. Starting with subatomic particles, dissimilar entities formed associations—binding, bonding, growing, branching, catalyzing, cooperating—as “self” joined “other” following universal laws with names such as gravity, chemical attraction, and natural selection. Ultimately life arose in a world of dynamic organic chemistry, and complexity exploded with wondrous new potential. Fast forward to human evolution, and a tension that had existed for billions of years now played out in an unprecedented (...) arena of conscious calculation and cultural diversity. Cooperation interleaving with competition; intimacy oscillating with integrity—we dwell in a world where yin meets yang in human affairs on many levels. In The Fractal Self, John Culliney and David Jones uncover surprising intersections between science and philosophy. Connecting evidence from evolutionary science with early insights of Daoist and Buddhist thinkers, among others, they maintain that sagely behavior, envisioned in these ancient traditions, represents a pinnacle of human achievement emerging out of our evolutionary heritage. They identify an archetype, “the fractal self,” a person in any walk of life who cultivates a cooperative spirit. A fractal self is a sage in training, who joins others in common cause, leads from within, and achieves personal satisfaction in coordinating smooth performance of the group, team, or institution in which he or she is embedded. Fractal selves commonly operate with dedication and compassionate practice in the service of human society or in conserving our planet. But the competitive side of human nature is susceptible to greed and aggression. Self-aggrandizement, dictatorial power, and ego-driven enforcement of will are the goals of those following a self-serving path—individuals the authors identify as antisages. Terrorist leaders are an especially murderous breed, but aggrandizers can be found throughout business, religion, educational institutions, and governments. Humanity has reached an existential tipping point: will the horizon already in view expand with cooperative progress toward godlike emergent opportunities or contract in the thrall of corrupt oligarchs and tribal animosities? We have brought ourselves to a chaotic edge between immense promise and existential danger and are even now making our greatest choice. (shrink)

In the following article we first present the growing trend of incorporating neuroscience into the law, and the growing acceptance of and trust in neuroscience’s mechanistic and reductionistic explanations of the human mind. We then present and discuss some studies that show how nudging peoples’ beliefs about matters related to human agency (such as free will, decision-making, or self-control) towards a more deterministic, mechanistic and/or reductionistic conception, exerts an influence on their very actions, mentality, and brain processes. We suggest (...) that the neuroscientific view of the human mind exerts an influence on the very cognitive phenomena neuroscience falsely believes to be studying objectively. This holds especially when we consider the systematic integration of neuroscience into the public domain, such as the law. For, such an integration acts as a reinforcement of the public’s and legal decision-makers’ endorsement of and trust in neuroscience’s view of human nature that further changes how people think and act. Such looping effects of neurolaw are probably inevitable. Accordingly, we should be aware of the scope of neuroscientific explanations and be careful not to overstate neuroscientific evidence and findings in legal contexts. (shrink)

Recent decades have seen a shift away from the traditional view that Aquinas's theory of the natural law is meant to supply us with normative guidance grounded in a substantive theory of human nature. In the present essay, I argue that this is a mistake. Expanding on the suggestions of Jean Porter and Ralph McInerny, I defend a derivationist reading of ST I-II, Q. 94, A. 2 according to which Aquinas takes our knowledge of the genuine goods of human life (...) and their proper ordering to one another to be self-evident only to the wise who are able to discern the truth about our God-given human nature. I then show that this reading provides a better account of Aquinas's view than two recent alternatives: John Finnis's brand of inclinationism and Daniel Mark Nelson's virtue-based interpretation. (shrink)

Professionals in various disciplines adopt significantly different lexicons to report their discoveries and arguments. Scientists discover, philosophers argue, whereas legal practitioners apply and consider. Reporting, as a ubiquitous linguistic phenomenon, has its disciplinary characteristics. In court judgments, it reflects the way judges identify the evidence of different documents or other courts. In the self-built court judgment corpus, the paper focuses on the way that judicial arguments are constructed through reporting verbs. On the basis of the analysis of the (...) representation and distribution of reporting verbs in court judgments, the study identifies the reporting verbs with high frequencies in court judgments and compares these reporting verbs with those in the comparable reference corpus, written sampler of British National Corpus, which works as a reference corpus. It is found that the tokens of reporting verbs in court judgments are slightly less than those in general texts; the distribution pattern of the speech act verbs and mental verbs in the self-built court judgment corpus is similar to the pattern of two kinds of reporting verbs in the reference corpus; judicial speech act verbs are employed to express the authority of the statements, whereas the judicial mental verbs illustrate the legal reasoning process with individual agents; and there is a significant difference in terms of the reporting verbs’ frequencies within the court judgments and general texts. The results show that the reporting verbs in court judgments have their uniqueness, which may cast light on both judicial and pedagogical practices. (shrink)

Kant famously insisted that “the idea of the will of every rational being as a universally legislative will” is the supreme principle of morality. Recent interpreters have taken this emphasis on the self-legislation of the moral law as evidence that Kant endorsed a distinctively constructivist conception of morality according to which the moral law is a positive law, created by us. But a closer historical examination suggests otherwise. Kant developed his conception of legislation in the context of his (...) opposition to theological voluntarist accounts of morality and his engagement with conceptions of obligation found in his Wolffian predecessors. In order to defend important claims about the necessity and immediacy of moral obligation, Kant drew and refined a distinction between the legislation and authorship of the moral law in a way that precludes standard theological voluntarist theories and presents an obstacle to recent constructivist interpretations. A correct understanding of Kant's development and use of this distinction reveals that his conception of legislation leaves little room for constructivist moral anti-realism. (shrink)

Speech sounds are an essential vehicle of information exchange and meaning expression in approximately 7,000 spoken languages in the world. What functional constraints and evolutionary mechanisms lie behind linguistic diversity of sound systems is under ongoing debate; in particular, it remains conflicting whether there exists any universal relationship between these constraints despite of diverse sounds systems cross-linguistically. Here, we conducted cross-linguistic typological and phylogenetic analyses to address the characteristics of constraints on linguistic diversity of vowel systems. First, the typological analysis (...) revealed a power-law based dependence between the global structural dispersion and the local focalization of vowel systems and validated that such dependence was independent of geographic region, language family, and linguistic affiliation. Second, the phylogenetic analysis further illustrated that the observed dependence resulted from correlated evolutions of these two structural properties, which proceeded in an adaptive process. These results provide empirical evidence that self-organization mechanisms helped shape vowel systems and common functional constraints took effect on the evolution of vowel systems in the world’s languages. (shrink)

The language of morality and legality infuses every aspect of the Middle East conflict. From repeated assertions by officials that Israel has “the most moral army in the world” to justifications for specific military tactics and operations by reference to self-defense and proportionality, the public rhetoric is one of legal right and moral obligation. Less often heard are the voices of those on the ground whose daily experience is lived within the legal quagmire portrayed by their leaders in such (...) uncompromising terms. This Article explores the opaque normative boundaries surrounding the actions of a specific group within the Israeli military, soldiers returning from duty in Hebron in the Occupied Palestinian Territories. By examining interviews with these soldiers by an Israeli NGO, it identifies different narratives of legality and illegality which inform their conduct, contrasting their failure to adhere to conventional legal discourses with the broader “legalization” of military activities. Seeking an explanation for this disjunction, it explores the ways in which the soldiers’ stories nonetheless reflect attempts to negotiate various normative and legal realities. It places these within the legal landscape of the Occupied Palestinian Territories which has been normatively re-imagined by various forces in Israeli society, from the judicially-endorsed discourse of deterrence manifested in the day-today practices of brutality, intimidation and “demonstrating power,” to the growing influence of nationalist-religious interpretations of self-defense and the misuse of post-modernist theory by the military establishment to “smooth out” the moral and legal urban architectures of occupation. The Article concludes by considering the hope for change evident in the very act of soldiers telling ethically-oriented stories about their selves, and in the existence of a movement willing to provide the space for such reflections in an attempt to confront Israeli society with the day-to-day experiences of the soldier in the Occupied Palestinian Territories. (shrink)

Youth antisocial behaviour is frequently considered to be displayed by children and adolescents who suffer from behavioural disorders. Consequently, attempts to reduce ASB have increasingly comprised mental health interventions. Moreover, early signalling of children at risk and early prevention of behavioural problems are regarded as crucial remedies. Critical investigations of these developments, however, are in particular concerned with the consequent medicalization of society and the behaviour exhibited by infants, children and adolescents. Consequently, the new Dutch youth law even refers to (...) demedicalization as a central aim. From an ethical point of view, this article critically discusses the meaning and relevance of the medicalization reproach in the context of ASB. The aim is to show that the term medicalization can reasonably be attached to three different developments: the biomedical turn, an increase in youth mental health care and early signalling and prevention. The ethical implications of these developments, however, are diverse, referring to both risks and benefits. By itself, neither the term medicalization nor demedicalization carries a self-evident normative meaning. Therefore, a careful ethical analysis is needed to reveal which social developments are actually recommendable or disadvantageous. (shrink)

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental (...) novels turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Legal Self–Help on Private Property in Classical AthensMatthew R. ChristA remarkable feature of litigation in classical Athens was the high degree of responsibility private citizens bore for initiating, conducting, and executing the judgments of legal actions.1 In the absence of a public prosecutor or an active police force, Athenians engaged in a level of legal self–help that would shock most modern Westerners. While Athenians strongly preferred private (...) to public initiative in legal matters, aspects of legal self–help troubled even them. I focus here on contemporary tensions surrounding the use of legal self–help on private property, whether carried out by the master (kurios) of a household defending his realm or by outsiders crossing onto others' property under the authority of the city's laws. Legal self–help of either sort raised questions for Athenians concerning the boundaries, both spatial and conceptual, between private and public spheres. In particular, to what extent did a household and its property, including land and home—all of which could be subsumed by the word oikos—constitute an inviolable state within the state?2Discussion in these pages explores the legal regulation of self– help on private property and the social attitudes toward private space that determined how, and even whether, legal rules were enforced by courts. We begin with evidence that the Athenians granted considerable license to a kurios to exercise legal self–help in defense of his oikos. We may then consider how the authority granted by the city to outsiders exercising legal self–help to cross the boundaries of this private realm represented a problematic challenge to the ideal that the oikos should be inviolable under the democracy.Legal Self–Help in Defense of the OikosIn classical Athens, as in many societies, a man was permitted to defend his home from intruders, even up to the point of exercising lethal force.3 This license of a kurios to use force in his own realm, which scholars sometimes describe as his "Hausgewalt," was not formally articulated as a right in Athens.4 Its reasonable exercise was, however, consistent with both legal regulation and community norms.Although Athens' laws did not, as far as we know, specifically address defense of the home from intruders, they allowed the use of lethal self–help in two circumstances, theft and moicheia, that could well involve incursion upon a man's property (cf. Lys. 1.36). In the case of theft, one law stated, "If a man should steal anything whatsoever at night, it is permitted that his victim in pursuit, kill him, wound him, or lead him by apagōgē to the Eleven if he wish" (Dem. 24.113). According to another law, "If one kills immediately in defense of one's property a man carrying or leading it away by force and unjustly, he is killed with impunity" (Dem. 23.60). Although both laws could apply outside, as well as within, the boundaries of a man's property, MacDowell is probably right that the first law would apply especially to housebreakers, "who would not necessarily use force and so would not be covered by the second law."5An Athenian might also legally kill an intruder caught in illicit sexual relations (moicheia) with one of his female dependents: "If a man should kill another... in intercourse with his wife, mother, sister, daughter, or concubine kept for procreation of legitimate children, he shall not go into exile as a manslayer on that account" (Dem. 23.53; cf. [Arist.] Ath. Pol. 57.3; Lys. 1.30).6 Although this law, like the laws permitting the killing of a thief, did not limit the exercise of this license to the bounds of the home, a man was most likely to discover and take [End Page 522] vengeance on a moichos here. If he did not wish to kill a moichos caught in his home, he could restrain and even abuse and humiliate him until receiving recompense or promise of it.7 This license to restrain even a citizen in one's home for an indeterminate length of time constituted a striking exception to the general rule under the democracy that imprisonment of... (shrink)

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting further exploration. (...) Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

While living a life based on universal principles is well accepted by many, the reality of living acts as a great detriment to those who want to centre their lives on these timeless truths. Further, institutional mechanisms and work environments do not conform in general to such principle-centred living. The agents of the state, especially those in the police, have to work under tremendous obstacles and pressures from within and without, and often get a bad reputation, sometimes undeservingly. Moreover their (...) value systems may also degrade in these environments, a direction that requires to be altered by the ‘guardians of the law’. It is important to bring about alignment of values and ethical perceptions of state administrators with some universal laws. The Buddhist practice of vipassana mediation can play a significant role in such transformations, as is evident from the responses from Delhi Police personnel who underwent vipassana in one of their training programmes. Vipassana has made significant differences in the lives and perceptions of these trainees—both at the professional and personal level. This paper introduces these concepts and cites evidences from the feedback sheets of trainees to recommend worldwide adoption of such practices for those who occupy seats of power and responsibility. The feedback shows positive and very encouraging trends in all dimensions—work related, humanitarian, family and self—in other words, in professional, personal and deep inner lives. (shrink)

Gambling self-exclusion agreements enable a person to have themselves prevented from gambling for some future period. In light of evidence of their effectiveness in helping problem gamblers manage their addiction, these agreements enjoy growing popularity. In particular, several jurisdictions now oblige gambling operators to offer self-exclusion to their clientele. If self-exclusion has a unique value that is distinct from paternalistic measures, such as forced exclusion, it is surely because it prizes the gambler’s autonomy. In this article, (...) however, I will argue that self-exclusion’s theoretical basis cannot, in fact, be found in a procedural theory of autonomy that only regards agents’ own values and decisions. Rather, I will contend that if agents may bind their future selves in only some ways—for example, by preventing themselves from gambling but not preventing themselves from self-excluding or selling themselves into slavery—it can only be because of a normative, substantive claim. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Excited DeliriumThe Self-Fulfilling Prophecy of Police BrutalityKathryn Petrozzo (bio)In their timely and pressing piece, Arjun Byju and Phoebe Friesen explore the contentious diagnosis of excited delirium; a syndrome characterized by erratic, aggressive, and “delusional” behavior (2023). Overwhelmingly, this term is used when individuals come in contact with police and/or first responders. Although much attention has been given to debating whether or not this is a “real” diagnosis, the (...) authors want to shift the focus to examining the work that excited delirium is doing in the world, as well as the underlying beliefs guiding it that are perpetuating substantial harm. Drawing significantly on the work of Ian Hacking (1998, 2006) and Sherene Razack (2015), Byju and Friesen explore what kinds of people are being made up by the label of “excited delirium” and the subsequent dehumanization that perpetuates violence towards those in this grouping.Despite the lack of an agreed upon definition, excited delirium tends to frequently group together young Black men and other marginalized people of color, who have a psychiatric history, and those who have taken or are suspected to have taken drugs (Byju & Friezen, 2023). As this is “observed” when individuals come into contact with law enforcement and/or first responders, those who are presumed to be suffering from excited delirium are typically met with physical restraints (chokeholds, hogties, etc.), forced injections of sedatives, and/or taser guns. The violent reactions are often justified not only by this “diagnosis,” but the employment of racial stereotypes; notably, the notion that Black bodies as being less susceptible to pain. As the authors aptly put it:This kind of symptom language helps make up the novel category of a person who suffers from excited delirium: a crazed and inhumane monster, a golem that must be met with unrelenting and superordinate force, who is fated, regardless of interventions, to die a spontaneous death. This paradox, that those with excited delirium are supposedly both too strong and too weak, is at the core of the illness narrative.(2023)It is evident that this label is reinforcing the combination of two harmful stereotypes: the notion that those suffering from severe mental illness occupy a space that is “less than fully human,” and racist stereotyping of Black bodies “superseding human strength.” This perpetuates total dehumanization of the individual, where it is then justified to invoke brutal tactics, as well as signal [End Page 357] to the greater community this is how individuals with mental illnesses and/or belonging to a particular racial group (chiefly, Black men), should be treated. This is despite the fact that those suffering from mental illnesses are significantly more likely to be victims of violent crimes, Black Americans are 3.2 times more likely to be murdered by police, and convergence of these factors (being Black and living with a mental illness) increases likelihood of such fatal interactions (Schwartz & Jahn 2020; Shadravan, Edwards, & Vinson 2021; Stuart, 2003).Although I am in wholehearted support of their account, I take issue with the authors’ conceptualization of excited delirium as non-falsifiable, as well as the notion that diseases, generally, are falsifiable. In an attempt to further criticize the utilization of excited delirium, Byju and Friesen call upon Karl Popper’s falsifiability criterion as a measure for what constitutes as scientific; arguing that excited delirium is not a legitimate scientific concept as it is impossible to falsify. First, I am not convinced that excited delirium is in principle non-falsifiable; as the way in which it’s conceptualized actually appears to be falsifiable. The authors point out that external factors, such as tasing and violent restraints, are clearly the causal explanation, which should in fact, lead one to reject the hypothesis of an excited delirium diagnosis. However, in practice, those who are seeking to exonerate the police/first responders responsible for these deaths, are not accepting this evidence leading them to reject the excited delirium diagnosis, but rather, are crafting an incorrect causal narrative. This is deeply problematic, but it does not necessarily render excited delirium as non-falsifiable. More broadly, I am concerned with the reliance on the falsifiability criterion, which has been widely criticized in the... (shrink)

We have demonstrated, using the Cantor dust method, that the statistical distribution of appearance and disappearance of rodents species (Arvicolid rodent radiation in Europe) follows power laws strengthening the evidence for a fractal structure set. Self-similar laws have been used as model for the description of a huge number of biological systems. With Nottale we have shown that log-periodic behaviors of acceleration or deceleration can be applied to branching macroevolution, to the time sequences of major evolutionary leaps (global (...) life tree, sauropod and theropod dinosaurs postural structures, North American fossil equids, rodents, primates and echinoderms clades and human ontogeny). The Scale-Relativity Theory has others biological applications from linear with fractal behavior to non-linear and from classical mechanics to quantum mechanics. (shrink)

No law in any jurisdiction that permits physician assisted dying offers individuals a medically assisted death without the need to comply with certain criteria. The Netherlands is no exception. There is evidence to suggest that physicians are averse to providing an assisted death even when the Dutch ‘due care criteria’ have been met and the unbearable pain and suffering requirement is especially difficult to satisfy. Some individuals with an enduring desire to die who do not meet the ‘due care’ (...) criteria under the Dutch legislation turn to other means of achieving a self-appointed death. This paper explores two alternative methods of securing a self-determined death (an assisted death involving lay assistors or a self-hastened death by stopping eating and drinking), and raises the question of how far the law should recognise autonomy in the context of physician assisted death. (shrink)