The aim of this essay is to examine the place of the people in the constitutions of democratic nations. While the meaning of democracy and the degree to which it is achieved vary within the family of nations considered democratic, the idea common to all is that the people are self-governing. In its origins, the idea is tied to liberty: not to be self-governing is to be subject to the will of another and so not to be free. What constitutes (...) self-government is open to interpretation, although this is not the place to examine the possible meanings. Nor is this the place to set out the history of the idea or to show how it became central to modern constitutions, except to note the number of nations qualifying as democratic has steadily increased in recent years to just under a half of the total. It seems reasonable to assume that a democratic nation, a self-governing people, would want to make sure that the constitution, the basic of government and of relations between the people and government, provide for and protect self-government and hence democracy. (shrink)

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. (...) Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society.Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change. (shrink)

A significant development in law schools in recent years is the reflowering, or in many cases the first flowering, of interest in legal theory. This may take the form of a greater concern with the jurisprudential and philosophical basis of law; alternatively, it may be represented in attempts to bring to bear on legal issues the knowledge and insights developed in other disciplines. Both directions branch into a multitude of sub-disciplines, any one of which offers rich pickings to the legal (...) academic. The object of these essays, all of which were written specially for the volume by members of the Law Faculty of the University of Melbourne, is to take a number of legal issues which are of particular contemporary interest and to analyse them in a theoretical way or by using knowledge and techniques derived from other disciplines. The authors cover such topics as the patentability of living organisms; the legal and ethical problems that arise from medical research and experiment; the economic basis of property rights; the application to the decisions of officials of values deriving from fairness and rationality; the arguments for and against regulating the professions; the theoretical basis of the law of evidence and how this relates to practical issues; whether legal systems are in fact 'systems'; the relationship between Marxism and positivism; the capacities of the courts in dealing with non-justiciable issues; and the relationship between private and public law concepts. (shrink)

Shame is a puzzling emotion. On the one hand, to feel ashamed is to feel badly about oneself; but on the other hand, it also seems to be a response to the way the subject is perceived by other people. So whose standards is the subject worried about falling short of, his own or those of an audience? I begin by arguing that it is the audience's standards that matter, and then present a theory of shame according to which shame (...) is a response to the subject's perception that he is not thought of in the way he intrinsically values himself for being thought of by someone else. Then I go on to suggest some refinements to this basic view. First, the subject of shame is primarily concerned about his audience's attitudes toward him, not what they believe about him. And second, there may be one particular attitude which he values himself for inspiring. There is no very perspicuous term for this attitude, so I call it ‘proto-respect’ – the attitude a social animal directs toward those it regards as valuable allies or bad enemies. (shrink)

This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and legal systems. While legal theory (...) uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality. (shrink)

In his later writings, William Twining has been developing the notion of general jurisprudence, the aim of which is to integrate all theoretical approaches to law in a coherent whole. Central to the undertaking is the relationship between analytical jurisprudence and empirical evidence. Twining is critical of analytical jurisprudence for not adequately taking account of empirical evidence. While he has established a suitable framework within which to develop general jurisprudence, the argument in this essay is that the social understanding of (...) law, which is an essential part of general jurisprudence, cannot be achieved by starting with analytical jurisprudence, but needs to be approached through the methodology of interpretive social theory along the lines advanced by Max Weber. This approach has two main advantages: it enables the social understanding of law to be fully integrated into general jurisprudence, and it shows how analytical jurisprudence, rather than being in opposition to social understanding, can contribute to it. (shrink)

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. (...) Baldwin the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law. (shrink)

Galligan (Professor Emeritus, English, Western Michigan U.-Kalamazoo) argues that contemporary American critics should embrace literary truths with all of their uncertainties rather than cling to make- believe certainties of ideologies. He celebrates values commonly associated with modern, not postmodern, criticism, applying them to contemporary works in a series of fresh and unusual inquiries. He finds implications for criticism in work from the physical sciences and in the works of largely ignored novelists. Annotation copyrighted by Book News, Inc., Portland, OR.

Over the past fifteen years there has been a considerable amount of debate concerning what theoretical population dynamic models tell us about the nature of natural selection and drift. On the causal interpretation, these models describe the causes of population change. On the statistical interpretation, the models of population dynamics models specify statistical parameters that explain, predict, and quantify changes in population structure, without identifying the causes of those changes. Selection and drift are part of a statistical description of population (...) change; they are not discrete, apportionable causes. Our objective here is to provide a definitive statement of the statistical position, so as to allay some confusions in the current literature. We outline four commitments that are central to statisticalism. They are: 1. Natural Selection is a higher order effect; 2. Trait fitness is primitive; 3. Modern Synthesis (MS)-models are substrate neutral; 4. MS-selection and drift are model-relative. (shrink)

Research on women's political representation in postsocialist Europe has highlighted the role of cultural and political factors in obstructing women's access to legislative power, such as the prevalence of traditional gender stereotypes, electoral systems, and the absence of a feminist movement. Yet, the role of women political elites in enhancing or hindering women's access to political power in the region has so far remained uncharted. This article seeks to fill some of the existing gaps in this literature by examining the (...) views of women politicians with regard to women's political underrepresentation and their assessments of strategies for redressing this imbalance. Findings from the analysis reveal that although women politicians recognize gender inequalities in representation as a problem requiring intervention, how the problem is perceived, and the preferred measures to deal with it, is largely shaped by the social and cultural context in which these actors are embedded. (shrink)

In evolutionary biology changes in population structure are explained by citing trait fitness distribution. I distinguish three interpretations of fitness explanations—the Two‐Factor Model, the Single‐Factor Model, and the Statistical Interpretation—and argue for the last of these. These interpretations differ in their degrees of causal commitment. The first two hold that trait fitness distribution causes population change. Trait fitness explanations, according to these interpretations, are causal explanations. The last maintains that trait fitness distribution correlates with population change but does not cause (...) it. My defense of the Statistical Interpretation relies on a distinctive feature of causation. Causes conform to the Sure Thing Principle. Trait fitness distributions, I argue, do not. *Received July 2009; revised October 2009. †To contact the author, please write to: Department of Philosophy/Institute for the History, Philosophy of Science and Technology, University of Toronto, Victoria College, 91 Charles Street West, Toronto, ON M5S 1K7, Canada; e‐mail: denis[email protected]. (shrink)

Psychological individualism is motivated by two taxonomic principles: (i) that psychological states are individuated by their causal powers, and (ii) that causal powers supervene upon intrinsic physiological state. I distinguish two interpretations of individualism--the 'orthodox' and the 'alternative'--each of which is consistent with these motivating principles. I argue that the alternative interpretation is legitimately individualistic on the grounds that it accurately reflects the actual taxonomic practices of bona fide individualistic sciences. The classification of homeobox genes in developmental genetics provides an (...) illustration. When applied to the taxonomy of psychological kinds, alternative individualism has some surprising consequences. In particular, externalist taxonomies of thought are consistent with the alternative interpretation, and hence consistent with individualism. I conclude, on this basis, that the individualism/externalism dispute which has long preoccupied philosophy of psychology is an empty one. (shrink)

According to a prominent view of evolutionary theory, natural selection and the processes of development compete for explanatory relevance. Natural selection theory explains the evolution of biological form insofar as it is adaptive. Development is relevant to the explanation of form only insofar as it constrains the adaptation-promoting effects of selection. I argue that this view of evolutionary theory is erroneous. I outline an alternative, according to which natural selection explains adaptive evolution by appeal to the statistical structure of populations, (...) and development explains the causes of adaptive evolution at the level of individuals. Only together can a statistical theory of selection and a mechanical theory of development explain why populations of organisms comprise individuals that are adapted to their conditions of existence. (shrink)

In “Sweatshops and Respect for Persons” we argued on Kantian grounds that managers of multinational enterprises (MNEs) have the following duties: to adhere to local labor laws, to refrain from coercion, to meet minimum health and safety standards, and to pay workers a living wage. In their commentary on our paper Sollars and Englander challenge some of our conclusions. We argue here that several of their criticisms are based on an inaccurate reading of our paper, and that none of the (...) remaining criticisms successfully challenge our main arguments. By highlighting the shortcomings of their arguments we hope to advance discussion of the ethical treatment of workers in global supply chains. (shrink)

This paper comprises a case study illustrating ethical and practical challenges for a Ugandan hospital-based social worker early in the COVID-19 pandemic, followed by a commentary. The hospital was under-resourced, with staff and patients experiencing lack of information and panic. The social worker, Denis Adia, recounts his responses to new and ethically challenging situations, including persuading Muslim patients to stop fasting for the good of their health; deciding to keep a baby in hospital with parents although this was against (...) the rules; and supporting a stigmatised former patient in the face of intimidation by colleagues. He reflects on the importance of recognising each person’s unique needs and circumstances, seeing this as a vital role for social workers. The case is followed by a commentary from a UK academic (Sarah Banks), who notes the cognitive and emotional effort (‘ethics work’) undertaken by the social worker to: see the ethical aspects of particular situations; take account of patients’ specific needs; ensure they are treated with respect; promote their well-being; and perform as a good social worker. Banks draws attention to the key role of the virtue of courage in pandemic conditions, which involves working with new risks and facing fears with confidence. (shrink)

What is Life? This is the question asked by Denis Noble in this very personal and at times deeply lyrical book. Noble is a renowned physiologist and systems biologist, and he argues that the genome is not life itself: to understand what life is, we must view it at a variety of different levels, all interacting with each other in a complex web. It is that emergent web, full of feedback between levels, from the gene to the wider environment, (...) that is life. (shrink)

How is it possible to have present memory experiences of things that, being past, are no longer presently experienced? A possible answer to this long-standing philosophical question is what I call the “ideality of time view,” namely the view that temporal succession is unreal. In this paper I outline the basic idea behind Brentano’s version of the ideality of time view. Additionally, I contrast it with Hume’s version, suggesting that, despite significant differences, it can nonetheless be construed as broadly Humean.

Barely a decade after the discovery of the chromosomal basis of inheritance, and the articulation of the genetical theory of population change, the gene came to be widely regarded as the fundamental unit of biological organization. This is hardly surprising. The gene concept is a powerful one; it plays a unifying role in our understanding of evolution. Darwin told us that evolution by natural selection occurs in a population when organisms survive, die and reproduce differentially on account of their heritable (...) form. This is a very schematic theory. It requires an account of the process of inheritance and also an account of the generation of phenotype. The gene concept plays a prominent role in explaining, and uniting, these phenomena. Genes are the units of inheritance; they are passed from parents to offspring in reproduction. Moreover, they are seen as units of phenotypic control. Evolutionary biologists often speak of the genome as a program for the production of an organism. Genes also became the elements of which populations are composed. Our best theory of population dynamics—inherited from Fisher, Haldane, and Wright—is a theory of changes in the relative frequencies of gene types. Genes are not just the principal causes of evolutionary change, they are also the units over which evolutionary change is defined and measured. So, at least, the orthodox reading of the Modern Synthesis theory of evolution would have us believe... (shrink)

What are the processes, from conception to adulthood, that enable a single cell to grow into a sentient adult? Neuroconstructivism is a pioneering 2 volume work that sets out a whole new framework for considering the complex topic of development, integrating data from cognitive studies, computational work, and neuroimaging.

Is an appropriate causal connection to the past experience it represents a necessary condition for a mental state to qualify as an episodic memory? For some years this issue has been the subject of an intense debate between the causalist theory of episodic memory (CTM) and the simulationist theory of episodic memory (STM). This paper aims at exploring the prospects for an embodied approach to episodic memory and assessing the potential case for causalism that could be founded on it. In (...) a critical section, it argues that the empirical data to which STM appeals are both incomplete and inconclusive, and on closer examination even provide support for a proceduralist version of CTM. In a constructive section, it elaborates on the notion of a necessary causal connection in terms of particular procedural patterns acquired at encoding and operative at retrieval, grounding this move on recent empirical data about eye movements in mnemonic mental imagery. (shrink)

The Modern Synthesis has dominated biology for 80 years. It was formulated in 1942, a decade before the major achievements of molecular biology, including the Double Helix and the Central Dogma. When first formulated in the 1950s these discoveries and concepts seemed initially to completely justify the central genetic assumptions of the Modern Synthesis. The Double Helix provided the basis for highly accurate DNA replication, while the Central Dogma was viewed as supporting the Weismann Barrier, so excluding the inheritance of (...) acquired characteristics. This article examines the language of the Modern Synthesis and reveals that it is based on four important misinterpretations of what molecular biology had shown, so forming the basis of the four Illusions: 1. Natural Selection; 2. The Weismann Barrier; 3. The Rejection of Darwin’s Gemmules; 4. The Central Dogma. A multi-level organisation view of biology avoids these illusions through the principle of biological relativity. Molecular biology does not therefore confirm the assumptions of the Modern Synthesis. (shrink)

What is Life? To answer this question, Denis Noble argues that we must look beyond the gene's eye view. For modern 'systems biology' considers life on a variety of levels, as an intricate web of feedback between gene, cell, organ, body, and environment. He shows how it is both a biologically rigorous and richly rewarding way of understanding life.

Denis McManus presents a novel account of Martin Heidegger's early vision of our subjectivity and the world we inhabit. He explores key elements of Heidegger's philosophy, and argues that Heidegger's central claims identify genuine demands that must be met if we are to achieve the feat of thinking determinate thoughts about the world around us.

In “Sweatshops and Respect for Persons” we argued on Kantian grounds that managers of multinational enterprises (MNEs) have the following duties: to adhere to local labor laws, to refrain from coercion, to meet minimum health and safety standards, and to pay workers a living wage. In their commentary on our paper Sollars and Englander challenge some of our conclusions. We argue here that several of their criticisms are based on an inaccurate reading of our paper, and that none of the (...) remaining criticisms successfully challenge our main arguments. By highlighting the shortcomings of their arguments we hope to advance discussion of the ethical treatment of workers in global supply chains. (shrink)

Libertarian theories of the normative core of the corporation hold in common the view that is the responsibility of publicity held corporations to return profits to shareholders within the bounds of certain moral side-constraints. Side-constraints may be either weak (grounded in the rules of the game) or strong (grounded in rights). This essay considers libertarian arguments regarding the normative core of the corporation in the context of global capitalism and in the light of actual corporate behavior. First, it is argued (...) the weak side-constraints view is conceptually incoherent when applied in a global context. Second, it is argued that proponents of the libertarian strong side-constraints view lack an adequate theory of rights. Third, both the weak side-constraints view and the strong side-constraints view are shown to be unsatisfactory insofar as they fail to adequately address the coercive power of corporations. The main conclusion of this essay is that a viable libertarian theory of the corporation has yet to be articulated. (shrink)

Michael Psellos ist ein Philosoph, der wie kein anderer für die byzantinische Epoche steht. Das Denken dieses Großintellektuellen – der in subtilen Auseinandersetzungen mit antiken und spätantiken Positionen in Theologie, Ontologie und Ethik eine selbständige christliche Philosophie formuliert – findet in diesem Band erstmalig eine monographische Gesamtdarstellung. Die Arbeit liefert durch ihren systematischen Charakter, durch die Einbeziehung bisher nicht interpretierter Texte, durch die Darlegung der bisherigen Forschungsergebnisse und durch die Aufdeckung von Traditioinslinien eine wichtige Grundlage für die weitere Erforschung der (...) byzantinischen Philosophie. (shrink)

In this dissertation I develop a general theory of coercion that allows one to distinguish cases of interpersonal coercion from cases of persuasion or manipulation, and cases of institutional coercion from cases of oppression. The general theory of coercion that I develop includes as one component a theory of second-order coercion. Second-order coercion takes place whenever one person intentionally impairs the formation of the second-order desires of another person, or constrains them after their formation, in a way that frustrates or (...) eliminates the possibility of the victim fulfilling certain of his or her first-order desires. The concept of second-order coercion is important because it suggests that a person's autonomy may be violated in ways that have not been previously recognized. In this dissertation I argue that the unique feature of all cases of coercion is that the alternatives available to the victim, with regard to the formation of his or her will, are intentionally constrained by another person in a way that violates the victim's autonomy. A general theory of coercion should be able to explain how institutions may be understood as coercive. I argue that if institutions are understood as social practices maintained for the purpose of achieving some end, then they may be properly understood as capable of coercion. ;This theory of coercion allows me to make two arguments concerning moral responsibility. First, I argue that current discussions of moral responsibility are inadequate because they fail to take seriously the claim that a person may be responsible, at least in part, for having the beliefs and desires that make a particular action a case of coercion. Second, I argue that discussions of moral responsibility are inadequate because they fail to recognize that an agent may not be responsible for the state of his or her will because he or she may have been coerced in a way that has not been previously recognized. (shrink)

Reporters and editors share values. If there were no shared values essential to the practice of journalism, it would be impossible to distinguish a journalist from other mass communicators. The set of journalistic values provides the base for an argument that journalists are pluralists, not relativists.