In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, (...) controversial, and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society. (shrink)

This authoritative and lively exploration of the theories of contemporary feminism covers all the major variants of feminist political thought from the "traditional" schools of the women's movement-particularly radical, liberal, and socialist-to today's postmodern texts. Feminist Theory Today examines the epistemological challenge from critical legal theory and postmodernist thought; the divergences within, as well as between, feminist schools; and the protests from women marginalized by the feminist movement, including those who are lesbian and those who are black. (...) It also interrogates the dialectic equality and difference and reconceptualizes this pervasive tenet of feminist thought. Author Judith Evans documents the changes in socialist feminism from its revolutionary origins to its current focus on modifying liberal democratic forms. Students and teachers of women's studies, sociology, and political theory will find this an authoritative and lively exploration of the theories of contemporary feminism. It is also essential reading for anyone seeking to understand why the women's movement is as it is today. (shrink)

What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The law of contract cannot be properly understood without an appreciation of the concepts of rights and duties. The law of tort is directly related to several economic theories (...) of compensation. The criminal law is inextricably linked to philosophies of punishment? Understanding Jurisprudence explores these problems and provides an engaging introduction to the central issues of legal theory. The book navigates the reader through legal philosophy's fundamental concepts, concerns, and controversies. An experienced teacher of jurisprudence and distinguished writer in the field, Professor Wacks adopts an approach that is easy to follow and understand without avoiding the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will find this an ideal guide to the essential themes of contemporary jurisprudence. Online Resource Centre A free online resource accompanies the book and provides the following resources: Analysis of current controversies of a jurisprudential nature such as current legal and moral controversies and political debates An additional chapter providing guidance and advice on the study of jurisprudence An interactive glossary of key terms relating to legal theory Further reading, including links to full text journal articles Questions and answers Useful Web links to support learning. (shrink)

While freedom of movement has been one of the most highly respected human right across the EU, there are various aspects which come into play which still need to be resolved for this to be achieved in practice. One of these key issues is cross border health care. Indeed, there is an increasing awareness of standardisation of health service provision and cross border collaboration in the EU. However, certain groups particularly children may be at risk of suboptimal treatment as (...) a result. We present the case of a child patient which highlights the complexity of this matter spanning family law, health law, social security law as well as ethical issues. EU legislation needs to ensure that children patients have access to high quality care across the EU borders. (shrink)

I argue that animals have rights in the sense of having valid claims, which might turn out to be actual rights as society advances and new scientific-technological developments facilitate finding alternative ways of satisfying our vital interests without using animals. Animals have a right to life, to liberty in the sense of freedom of movement and communication, to subsistence, to relief from suffering, and to security against attacks on their physical existence. Animals’ interest in living, freedom, subsistence, and security (...) are of vital importance to them, and they do not belong to us; they are not the things we have already possessed by virtue of our own nature. (shrink)

This paper focuses on the relevance of borders and national membership as barriers to first admission. Strengths and weaknesses of the different liberal arguments for open and restricted borders will be analysed, focusing on the ‘liberal paradox’ which holds that an asymmetrical view on entry and exit is compatible with the liberal commitment to equality and individual liberties. Finally, a proposal will be formulated in order to find a middle way between the idealism of open borders and more realist versions (...) of liberal egalitarianism by incorporating a hermeneutical account of human morality as a relational, contextual matter which does not think in terms of borders but instead of trans-boundary dialogical spaces. (shrink)

We explore the legalization of the cannabis industry in the US, and point at the conflicted path through which this emerging industry has traversed. In particular, we highlight how this industry has navigated controversy to become one of the fastest growing industries in the world. The paper also offers a theoretical model that explains the role played by social movements to propel and shape early antagonism towards increasing protagonism. Evidence of the latter is seen in the form of cannabis laws (...) passing at the state level in the US. We posit that resource mobilization and shaping effects were instrumental in laying the grounds for legalization. A detailed timeline of the legalization for over one and a half centuries is also provided. Our synergistic approach integrates a historical perspective with social movement theory to address a relatively new and under examined phenomenon in the emerging US legal cannabis industry and ensuing ethical implications. (shrink)

This work studies the Great Council of Malines as an institution. It analyzes the Council's internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council, and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of state-building in the 18th century (...) Austrian Netherlands. While superior courts were once considered to be the prime agencies of change in the Early Modern Period, tools par excellence for the sovereigns' striving towards centralization and superiority, their position in the 18th century has so far been barely touched upon. This work focuses specifically on the 18th century supreme court of the Austrian Netherlands, and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation. (shrink)

Se realiza una revisión bibliográfica con el objetivo de analizar los diferentes códigos éticos y deontológicos internacionales, regionales y nacionales de los que se nutre la especialidad de psiquiatría. Se concluye que el comportamiento ético se basa en el sentido de la responsabilidad individual de cada psiquiatra hacia cada paciente y en la capacidad de ambos para determinar cuál es la conducta correcta y más apropiada. Las normas externas y las directrices, tales como los códigos de conducta profesional, las aportaciones (...) de la ética y de las normas legales, no garantizan por sí solas la práctica ética de la medicina, pero constituyen un importante marco referencial. A literature review was performed with the objective of analyzing the various international, regional and national ethical and deontological codes that the psychiatry specialty feeds on. It is concluded that ethical behavior is based on the sense of individual responsibility of each psychiatrist to each patient and the ability of both to determine what the correct and appropriate behavior is. External standards and guidelines, such as professional codes of conduct, the study of ethics and legal standards alone do not guarantee the ethical practice of medicine but are an important framework. (shrink)

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin (...) brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science. (shrink)

Based on interviews with legal practitioners working with or within anti-racist social justice movements in Sweden, we explore some dilemmas and paradoxes that appear when social movements pursue struggles for anti-racist social justice through the legal arena. How do the interviewees understand and critically relate to legal practices in contemporary anti-racist social justice struggles? What are the conditions of engagement of these organisations in the legal arena and how do they impact social justice struggles in Sweden? (...) What are the stakes in the legal practices of these movements? Rather than a strategically chosen tool for social justice, legal practice could be understood as a kind of self-defence, as resorting to law is often a response to an unjust legal system, oppressive treatment by the state or disadvantage and deprivation. The interviewees’ reflections on their legal practices are informed by a fundamental ambivalence between the ideological commitment in the critique of law and their position from which it is impossible to ignore the legal arena. Instead of taking a clear stance for or against the law as a tool for social justice struggles, we have attempted to understand what are the methods and the effects of legal practice that grow from this ambivalence. The accounts of our interviewees indicate that both practical strategies and ways of accounting for these aim at subverting and challenging the law while at the same time using it. Throughout the analysis we have conceptualised these strategies as decentring, re-politicising and redistribution. (shrink)

The Chinese view of time and history cannot be defined as either “cyclicality” or “linearity” in the sense of St. Augustine and Hegel. Like the Indo-Hellenic cyclicality, it regards the cyclical movements as universal in both Heaven and human. Nevertheless, it contains neither the conception of Great Year or Mahayuga, nor that of repeated destruction and reconstruction of humankind. It holds that the cyclical movements do not recur as “uniform rotation,” but appear as a chain composed of countless links each (...) of which possesses individuality. It is not the chain itself, but each of its links that cyclically develop. Meanwhile, it agrees with the Judeo-Christian tradition that there is no repetition and reversibility for historical figures and events. However, it does not believe that history has an absolute beginning and end, demonstrating itself as a One-Grand Cycle from human alienation from God to their reconciliation with Him. (shrink)

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, (...) and there is a focus on the publicization of law. The author uses Herbert Hart's schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state, and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called "constitutional" revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly. (shrink)

The present volume focuses on aspects of Islamic thought in Iran and Yemen, and other regions of the Middle East, ninth through fifteenth century CE, through a close study of manuscript materials. The book's sixteen chapters are arranged under five rubrics: Mu'tazilism, Zaydism in Iran and in Yemen, Twelver Shi'ism, Mysticism, and Bibliographical Traditions. The material included in the book has been published previously in a different version. The appearance of these studies together in a single volume makes this book (...) a significant and welcome contribution to the field of classical Islamic Studies. (shrink)

Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of two (...) recent cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

Discussions of the theory and practice of systematics and evolutionary biology have heretofore revolved around the views of philosophers of science. I reexamine these issues from the different perspective of the philosophy of history. Just as philosophers of history distinguish between chronicle (non-interpretive or non-explanatory writing) and narrative history (interpretive or explanatory writing), I distinguish between evolutionary chronicle (cladograms, broadly construed) and narrative evolutionary history. Systematics is the discipline which estimates the evolutionary chronicle. ¶ Explanations of the events described in (...) the evolutionary chronicle are not of the covering-law type described by philosophers of science, but rather of the how-possibly, continuous series, and integrating types described by philosophers of history. Pre-evolutionary explanations of states (in contrast to chroniclar events) are still widespread in "evolutionary" biology, however, because evolutionary chronicles are in general poorly known. To the extent that chronicles are known, the narrative evolutionary histories based on them are structured like conventional historical narratives, in that they treat their central subjects as ontological individuals. This conventional treatment is incorrect. The central subjects of evolutionary narratives are clades, branched entities which have some of the properties of individuals and some of the properties of classes. Our unconscious treatment of the subjects of evolutionary narratives as individuals has been the cause of erroneous notions of progress in evolution, and of views that taxa "develop" ontogenetically in ways analogous to individual organisms. We must rewrite our narrative evolutionary histories so that they properly represent the branching nature of evolution, and we must reframe our evolutionary philosophies so that they properly reflect the historical nature of our subject. (shrink)

It is evident that the Ottoman state made radical reforms to overcome the crises it had fallen in various fields, especially since the Tanzimat era. In this context, the preparation and codification of “Majalla-i Ahkām-i Adliyya” is undoubtedly one of the most important events of both the Ottoman legal history and the history of Islamic law. It is not a whole and complete civil law since it mainly covers debts, partly property and judicial /procedural law. “Munākahāt ve Mufārakāt” subjects (...) corresponding especially to the field of family law and the related law articles are not included in Majalla. The work that forms the basis of our paper was written precisely to fill this gap. The work in the nature of translation and commentary of Kadri Pasha’s book, al-Ahkām al-shar'iyya fi al-Ahvāl al-shahsiyya, which is a draft law, was born out of the need for a compact text on family law. It is also a response to the criticisms in his era towards the Islamic Family Law verdict. Its preparation about twenty years before the Family Law Decree is also a helpful clue in analyzing the nature of the work. In addition to translation, Hasan Riza strives to make the marriage contract, the responsibilities of the spouses, divorce, lineage and alimony subjects understandable, and to respond to the criticisms on these issues. When his effort is evaluated together with the religiously referenced commentary he made to Qānūn-i Asāsī, it can be described as the proof of the accuracy of the family law judgment, especially in the classical fiqh literature, and the defense of the conformity of these provisions to intact human nature. While this article mainly examines the nature of this work, it also aims to describe the criticism issues that the author’s era produced regarding the jurisprudence. The eight blurbs (taqrīz) at the beginning of the work are indicative in this regard. Bureaucratic and scientific relations and controversial issues on the agenda can be understood from these blurbs. In these blurbs, some references are made to the feminist movement along with the observations concerning the status of women. When approaches handled here are combined with the informtion as to the historical roots and the phases of feminist movement, it would be possible to reach the intellectual memory of that period. Determination and analysis of Darguzīnī’s identity and status is an indispensable requirement of this study. (shrink)

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new (...) edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects. (shrink)

The claim that individuals legitimately differ with respect to their values seems to be uncontroversial among bioethicists, yet many bioethicists nevertheless oppose right-to-try laws. This seems to be due in part to a failure to recognize that such laws are intended primarily to be political, not legal, instruments. The right-to-try movement seeks to build political support for increasing access to newly developed drugs outside of clinical trials. Opponents of right-to-try laws claim that increasing access outside of clinical trials (...) would undermine evidence-based medicine. They seek to maximize overall gains to patients by protecting them from adverse drug reactions and ensuring that drugs are more effective on average. In contrast, right-to-try activists have a point that regulatory judgments of drug safety and effectiveness impose one set of trade-offs on all individuals, regardless of their different values. That might be acceptable if determinations of safety and effectiveness were black and white, but that does not seem to be the case. This article argues that judgments of safety and effectiveness are in an important respect normative and reflect the perceived value of those ends relative to others. Such judgments, when universally imposed, harm patients who would readily make do with less knowledge of drug safety and effectiveness in exchange for more time and self-determination. The relevant moral principle is that of respect for individual autonomy. Just as that principle should lead one to substitute collective decisions for individual ones to regulate a natural monopoly, the same principle should lead one to substitute individual decisions for collective ones to avoid a government monopoly on access to newly developed drugs. It is argued that reforms should increase the number of treatment options available to patients outside of clinical trials. The final section of the article discusses ways in which current regulations might be reformed so as to provide more treatment options outside of clinical trials, without undermining evidence-based medicine. (shrink)

Medical assistance in dying (MAiD) has received considerable attention from many in the field of bioethics. Philosophers, theologians, lawyers, and clinicians of all sorts have engaged with many challenging aspects of this issue. Public debate, public policy, and the law have been enhanced by the varied disciplinary analyses. With the legalization of MAiD in Canada, some attention is now being turned to issues that have historically been overshadowed by the debate about whether to permit MAiD. One such issue is voluntary (...) stopping eating and drinking (VSED) as an alternative to MAiD. In this paper, I will apply a legal lens to the issue. An understanding of whether VSED is legal provides a foundation for ethical reflection on whether it ought to be permitted. Is it permitted for those who prefer VSED to MAiD? Is it permitted for those who do not qualify for MAiD under our current legislation – for those who do not have a grievous and irremediable medical condition, for mature minors, for individuals whose sole underlying medical condition is a mental disorder and who do not otherwise meet the eligibility criteria, and for individuals who have lost capacity but had completed an advance directive? (shrink)

Medical assistance in dying has received considerable attention from many in the field of bioethics. Philosophers, theologians, lawyers, and clinicians of all sorts have engaged with many challenging aspects of this issue. Public debate, public policy, and the law have been enhanced by the varied disciplinary analyses. With the legalization of MAiD in Canada, some attention is now being turned to issues that have historically been overshadowed by the debate about whether to permit MAiD. One such issue is voluntary stopping (...) eating and drinking as an alternative to MAiD. In this paper, I will apply a legal lens to the issue. An understanding of whether VSED is legal provides a foundation for ethical reflection on whether it ought to be permitted. Is it permitted for those who prefer VSED to MAiD? Is it permitted for those who do not qualify for MAiD under our current legislation – for those who do not have a grievous and irremediable medical condition, for mature minors, for individuals whose sole underlying medical condition is a mental disorder and who do not otherwise meet the eligibility criteria, and for individuals who have lost capacity but had completed an advance directive? (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation (...) hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."¿Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation (...) hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation (...) hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

In today’s European society one can observe different forms of religious fundamentalism, especially when defending various values relating to questions of the meaning of life or when confronted with multi-religious and multicultural situations. An ethical approach attempts to avoid such extremes, given that genuine human behavior is based on moral virtues, the Aristotelian “Golden mean”. At a time when some voices in left-leaning circles are trying to enshrine in the Charter of Human Rights the right of women to terminate their (...) pregnancies, by vehemently advocating their cause in the European Parliament and in the UN Assembly, and to redefine the traditional meaning of “family,” one might want to refer to the understanding of human rights of the Catholic Social Doctrine and other long-received ethical theories. On the other hand, many in the Pro-life movement also exhibit a fundamentalist approach to society, for example when legal bioethical approaches justify murder. In the contemporary setting it is necessary to clarify the relationship firstly between human rights and human dignity from the religious point of view and subsequently between human rights and the rights of a person, understood as a being who is self-aware. The current paper tries to clarify the position of the Roman Catholic Church on the issues of human dignity and human rights with the hope that this understanding will have a positive impact on the development of a just society as a means of preventing the spread of religious fundamentalism. (shrink)

In histories of Orthodox Judaism, one often reads the story of a collision between tradition and modernity. Orthodoxy, according to this logic, is a fortress of the old world, which, upon encounter...

One of the earliest and most influential papers applying Darwinian theory to human cultural evolution was Donald T. Campbell’s paper “Variation and Selective Retention in Sociocultural Systems.” Campbell’s programmatic essay appeared as a chapter in a book entitled Social Change in Developing Areas (Barringer et al., 1965). It sketched a very ambitious project to apply Darwinian principles to the study of the evolution of human behavior. His essential theses were four.

In accordance with the principle of historical materialism, nature of the property depends primarily on the fact that the actual possession of the property, rather than on their legal ownership first. Accordingly, the Isle of Man from the stock of the "separation of ownership 'departure, the actual property is not recognized joint-stock private property, but" social property ", so they also hopes to achieve socialism in stock. However, the situation at the time, the Isle of Man is sometimes still (...) only legal private ownership of property from the stock starting to think so, sometimes with analysis of private enterprise, "Das Kapital" residual value analysis on the model of joint-stock company, joint-stock property changes on the significant underestimate, even such as the stock is still equivalent to private ownership. According to the principle of materialism, the feature of property first depends on the reality of factual possession of property, but does not first depend on its legal ownership. Hence, from the theory of share holding system of its "separdtion of ownership and manageship" , Marx and Engels considered that the property of share holding system is actually not the private property, but the "public property". They, therefore, put the hope of realizing socialism on the share holding system. But under that situation, Marx and Engels could only consider the problems from the legal private ownership of the property of share holding system by using the theory of surplus values ​​and even regard the share holding system as private ownership. (shrink)

Using the rule of law as its main theme, this text shows how abstract questions and concepts of legal philosophy are connected to concrete legal, political, and social issues. The text addresses several modern controversies and challenges students to consider both sides of an argument, using sound, reasoned thinking.

Freedom of conscience is a core element of human rights respected by most European countries. It allows abortion through the inclusion of a conscience clause, which permits opting out of providing such services. However, the grounds for invoking conscientious objection lack clarity. Our aim in this paper is to take a step in this direction by carrying out a systematic review of reasons by midwives and nurses for declining, on conscience grounds, to participate in abortion. We conducted a systematic review (...) of ethical arguments asking, “What reasons have been reported in the argument based literature for or against conscientious objection to abortion provision by nurses or midwives?” We particularly wanted to identify any discussion of the responsibilities of midwives and nurses in this area. Search terms were conscientious objection and abortion or termination and nurse or midwife or midwives or physicians or doctors or medics within the dates 2000–2016 on: HEIN legal, Medline, CINAHL, Psychinfo, Academic Search Complete, Web of Science including publications in English, German and Dutch. Final articles were subjected to a rigorous analysis, coding and classifying each line into reason mentions, narrow and broad reasons for or against conscientious objection. Of an initial 1085 articles, 10 were included. We identified 23 broad reasons, containing 116narrow reasons and 269 reason mentions. Eighty one narrow reasons argued in favour of and 35 against conscientious objection. Using predetermined categories of moral, practical, religious or legal reasons, “moral reasons” contained the largest number of narrow reasons. The reasons and their associated mentions in this category outnumber those in the sum of the other three categories. We identified no absolute argument either for or against conscientious objection by midwives or nurses. An invisibility of midwives and nurses exists in the whole debate concerning conscientious objection reflecting a gap between literature and practice, as it is they whom WHO recommend as providers of this service. While the arguments in the literature emphasize the need for provision of conscientious objection, a balanced debate is necessary in this field, which includes all relevant health professionals. (shrink)

The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s (...) and 1970s; in the conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, virtue ethics, or fiduciary theory. (shrink)

The traditional perspective on emotions assumes an unassailable dualism between emotions and reason. For common sense, including legal common sense, emotions are always dangerous and have nothing to do with rational decision-making. Nonetheless, the Aristotelian perspective regarding the relationship between emotions and reason is extremely enlightening. The relationship between emotions and law has been studied by a large range of scholars from different legal movements and with diverse objectives. This chapter is based on three theoretical pillars: Aristotle’s theory (...) of emotions as elaborated in Rhetoric and Nicomachean Ethics, Aristotle’s view on the close relationship between reason, emotions and phronesis as elaborated in the Nicomachean Ethics, and a specific contemporary view: Jurisprudentialism. We assert that through a Jurisprudentialist analysis of Law as an open task and through Aristotle’s account of emotions, the challenges of legal education could be more realistically reassessed. (shrink)

ABSTRACT In this article the development of the thought of two important twentieth-century legal theorists is compared. Although Hans Kelsen is primarily known for his Pure theory of law and Hermann Kantorowicz is one of the founders of the Free law movement, the article will revolve around their respective proposals for the post-War restoration of the international legal order. It is argued that these are based on their respective conceptions of ‘law’ and ‘the state’. By virtue of (...) this comparison, it is possible to shed light on the basic thinking behind their complex ideas, as well as show how these were formulated and influenced by the political circumstances of their times. Lastly, the article shall concern the concrete post-War influence of Kantorowicz and Kelsen, as a result of the shared and different philosophical, methodological and scientific convictions of both scholars. (shrink)

What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state (...) with wide degrees of autonomy and participation for indigenous nationalities. A part of those demands was the double strategy to fight for legal pluralism while already installing it at the local level. Even if some degrees of legal pluralism have been recognized in Ecuador since the mid-1990s, in practice, the local de facto practice prevails until today. Another central part of the demand for plurinationality is the representation of indigenous peoples in the legislative organs of the state, developing since their first appearance in the 1940s in a complex way. This article will analyze the development of right-based demands within the discourse of the indigenous movement in Ecuador, the visions of the implied state-reform and the organizational and political background and implication they have. Based on an analysis of the central texts of the indigenous organizations, conceptualizations of rights and laws and their appropriation within an autonomist discourse and a local practice will be highlighted. (shrink)

This paper describes an approach to legal logic based on the formal analysis of argumentation schemes. Argumentation schemes a notion borrowed from the .eld of argumentation theory - are a kind of generalized rules of inference, in the sense that they express that given certain premises a particular conclusion can be drawn. However, argumentation schemes need not concern strict, abstract, necessarily valid patterns of reasoning, but can be defeasible, concrete and contingently valid, i.e., valid in certain contexts or under (...) certain circumstances. A method is presented to analyze argumentation schemes and it is shown how argumentation schemes can be embedded in a formal model of dialectical argumentation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solidarity: From Civic Friendship to a Global Legal CommunityPaul HendricksonThe University of South Carolina. Hauke Brunkhorst. Cambridge: MIT Press, 2005. Pp. xxv + 262. $42.50, hardcover.Public appeals to solidarity have been pervasive throughout the storied history of political dissent and democratic politics. From the French Revolution and the European revolutions of 1848 to decolonization, Polish Solidarność, and the antiglobalization movement, solidarity has been invoked as a (...) means of reinventing citizenship, rights, and community. Yet political theorists have not generally accorded the concept of solidarity a degree of attention comparable to that afforded other core political concepts, such as freedom, equality, and deliberation. In Solidarity, Hauke Brunkhorst seeks to remedy this neglect, arguing that the concept of solidarity should be deemed fundamental to democratic theory and practice: "In modern societies, solidarity coincides with the concept of democracy" (xxiii). Brunkhorst presents this thesis as a corrective to current theory, but he also develops it—in the spirit of much Frankfurt School theorizing—as a Zeitdiagnose, as a timely diagnosis, regarding the threats globalization poses to democratic self-governance: "Power, law, and money are globalized [today] at the expense of democratic solidarity" (7).Solidarity, as Brunkhorst understands it, is a thoroughly modern concept. The "ideas of 1789"—in particular, the fraternité of the French Revolution—provided the historical foundation for an egalitarian and democratic model of solidarity. Over the course of the nineteenth century, the concept of solidarity [End Page 343] gradually replaced that of fraternity in the wake of industrialization. Drawing on Marx, Brunkhorst argues that what promoted working-class solidarity was "not the local sympathy of communal relations or the friendly affection... of a tightly structured polis," but rather the railway, the steamship, and the telegraph (60). Brunkhorst's historiography is woven into a broad social-theoretic framework. Following Durkheim, he reasons that the modern division of labor is not founded on the mechanical solidarity of Gemeinschaft, on a shared sense of affinity, ritual, and communal belonging, but on the organic solidarity of Gesellschaft, on the integration of an individualized, pluralist, and functionally differentiated society.To readers acquainted with contemporary German appropriations of the sociological tradition, many of Brunkhorst's conceptual moves will seem familiar. But his unique fusion of social-theoretic and historical argumentation yields a fascinating and novel characterization of solidarity. For Brunkhorst, solidarity is not a form of sentiment or emotional bond; it is not premised on compassion for "tormentable bodies" (Brecht) or on a "flexible feeling of sympathy" (Rorty); rather, "it is nothing but the democratic realization of individual freedom" (3). This normative model of solidarity is guided by the regulative ideal of a political association without domination; it envisages a polity in which the individual is neither servant nor master to her compatriots. As modes of governance become increasingly globalized, democratic forms of solidarity must reach beyond the rights traditions of particular nation-states to include a "human-rights patriotism."Brunkhorst traces this ideal back to Greco-Roman antiquity and the Judeo-Christian tradition. Drawing principally on the writings of Greek and Roman philosophers, he argues that civic friendship (philia) provided a space for mutual freedom, emancipated individuals from the bonds of kinship, generalized friendship into a form of patriotism (philia politike), and realized the universal essence of man as a political being. But this civic-republican model remained profoundly elitist, excluding the many on the basis of gender, class, and citizenship status. More suggestive and original is Brunkhorst's treatment of Jewish and Christian thought. The intersection between rhetoric and philosophy is central to his interpretation of the Exodus story and covenant theology as a form of collective countermemory and as a prophetic practice of critique. Through his reading of the Jotham fable and other biblical narratives, he argues that the Jewish prophets and the Christian New Testament avowed "the equal proximity of all humans to God" and contributed to a "prophetic project of egalitarian solidarity" (33, 36). [End Page 344]Brunkhorst's historical reconstructions culminate in the French Revolution. On his view, the otherworldly universalism of the Judeo-Christian tradition was secularized and institutionalized in the Declaration of the Rights of Man and Citizen (1789) and the first French... (shrink)

This is an introductory book on African legal philosophy. The book claims that African legal philosophy exists and is intelligible in the context of African culture, just as every other legal philosophy has its cultural foundation. What law is, how it is thought, how it is interpreted, and how it is applied takes place with thing the parameters of African culture. At a time when the imposition of Western culture on Africans has to be reckoned with, African (...) legal philosophy is, in part, a response to this imposition. It ought to have a liberating effect. (shrink)

We lead off this issue of Childhood and Philosophy with a collection of testimonies, homages, and brief memoirs offered from around the world in response to the death of the founder of Philosophy for Children, Matthew Lipman on December 26, 2010, at the age of 87. To characterize Lipman as “founder” is completely accurate, but barely evokes the role he played in conceiving, giving birth to, and nurturing this curriculum cum pedagogy that became a movement, and which has taken (...) root in over 40 countries, from Iceland to Nigeria to Taiwan to Chile and everywhere in between. The movement itself is broader than the program, which has in fact experienced multiple transformations in multiple contexts over its half-century of life. In fact, as many of the testimonies below either state outright or imply, the movement is an emancipatory one and thus implicitly political, infused with all the long-suffering hope for our species inspired in us by the fact of natality, and by our own intuitive faith in the transformative power of reason—or as Lipman came to call it, “reasonableness.” For those seized by its educational possibilities, it presents a sudden influx of sunlight and fresh air into an institution long stultified by its own rigid habitus, and promises the reconstruction of schooling in the image of authentic democratic practice that recognizes and honors the unique capacities of children. As Philosophy in the Classroom—Lipman’s first and now classic statement of educational philosophy--puts it, the movement promises a re-orientation of the goal of education from information (or “learning”) to meaning, and inaugurates the dialogue with childhood and children that follows from that. Lipman was not just founder of this movement but creator, inventor, developer, convener, organizer, faithful soldier, ambassador, apologist, polemicist, propagandist, and, finally, undying optimist. (shrink)

The novel coronavirus pandemic is intensifying all over the world, but some countries, including China, have developed extensive and successful experience in controlling this pandemic. In this context, some questions arise naturally: What can countries caught up in the epidemic learn from China’s experience? In regions where the outbreak is under control, what would lead to a resurgence of the epidemic? To address these issues, we investigate China’s experience in anticontagion interventions and reopening process, focusing on the coevolution of epidemic (...) and awareness during COVID-19 outbreak. Through an empirical analysis based on large-scale data and simulation based on a metapopulation and multilayer network model, we ascertain the impact of human movements and awareness diffusion on the epidemic, elucidate the inherent patterns and effective interventions of different epidemic prevention methods, and highlight the crunch time of each measure. The results are also employed to analyze COVID-19 evolution in other countries so as to find unified rules in complex situations around the world and provide advice on anticontagion and reopening policies. Our findings explain some key mechanisms of epidemic prevention and may help the epidemic analysis and decision-making in various countries suffering from COVID-19. (shrink)

The Frege‐Geach problem is probably the most serious worry for the prospects of any kind of metaethical expressivism. In a recent article, Ridge suggests that a new version of expressivism, a view he calls ecumenical expressivism, can avoid the Frege‐Geach problem.1 In contrast to pure expressivism, ecumenical expressivism is the view that moral utterances function to express not only desire‐like states of mind but also beliefs with propositional content. Whereas pure expressivists’ solutions to the Frege‐Geach problem usually have rested on (...) some kind of “logic of attitudes,” Ridge argues that it is the expressed belief in the ecumenical machinery that holds the key. Although Ridge’s ecumenical expressivism is promising, this essay argues that his solution is flawed. However, this does not mean that every form of ecumenical expressivism is a failure. Ridge briefly contrasts his view with the kind of view Hare advanced but argues that Hare cannot make use of the ecumenical machinery.2 I argue that this is incorrect. Not only is an ecumenical reading of Hare very plausible and something that establishes him as an important forerunner of today’s ecumenical trend in metaethics, but, more important, it offers guidance where Ridge goes wrong. It solves the Frege‐Geach problem in a way that meets the criticism of more standard solutions head‐on, and it seems to be able to handle the most pressing problems for ecumenical theories. The ecumenical theory that emerges is therefore powerful enough to establish itself as one of the most (if not the most) plausible form of ecumenism on the market. The first part of this article is largely concerned with advancing an ecumenical reading of Hare’s The Language of Morals and the kind of solution it offers in response to the Frege‐Geach problem. Some of the problems such a reading encounters will be addressed as we outline the theory. The most serious worries, however, are addressed in the final part of the essay. (shrink)