The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of (...) its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists. (shrink)

On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack (...) on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:776 Feminist Studies 43, no. 3. © 2018 by Shirley Geok-lin Lim Shirley Geok-lin Lim Cassandra Days: Poems Vox populi vox Dei “The voice of the people is the voice of God.” June 20, 2016 The voice bellowing from the stage Will not be upstaged. The rage Swelling from its undercurrents Is its own fixed swirling warrant When actor and audience are one. One, the agent and (...) their actions; One, litigant and ombudsman. When the voice of God is human One is the voice of the people. Scattered—the lame and the crippled, When the voice of God is human And bellows on stage from this man. Shirley Geok-lin Lim 777 Cassandra November 8, 2016 This Cassandra opens a bottle of red, Begins drinking early, alone, in bed. Fascism with a friendly face does not Console, his leers do not cheer, that knowing nod To end times was foretold in the entrails Blasted by unreturned fire. They who were hailed Heroes in their homeland enter the temple, Swagger, swearing, seared in the Sun King’s call To torch and burn. This Cassandra has no gift For light. She’s depressed. No Thanksgiving will lift Her day. No deeds already in the doing Can be undone. The blood in the sheetings That she sees, the world that’s winding down, And none to scare, none can tell, none, none. 778 Shirley Geok-lin Lim What rough beast? November 11, 2016 It’s me, Ruth, slouching to who knows where. It’s me—the palace grounds are secured, the woods fenced, the house’s red-lined seats reserved, fruits forbidden, streets barred to one walking. Have you a permit? Are you licensed? Your papers, documents, ID cards? Speak, Ruth, when spoken to, only not now, not here. Shirley Geok-lin Lim 779 The Laws January 21, 2017 Law of the stone: I smash, I own. Law of the flower: Live for the hour. Law of the bee: No flight is free. Law of the man: I rule, I ban. Law of the sun: Above me, none.... (shrink)

Over recent decades International Relations scholars have investigated norm dynamics processes at some length, with the norm entrepreneur concept having become a common reference point in the literature. The focus on norm entrepreneurs has, however, resulted in a bias towards investigating the agents and processes of successful normative change. This book challenges this inherent bias by explicitly focusing on those who resist normative change - norm antipreneurs. The utility of the norm antipreneur concept is explored through a series of case (...) studies encompassing a range of issue areas and contributed by a mix of well-known and emergent scholars of norm dynamics. In examining the complexity of norm resistance, particular attention is paid to the nature and intent of the actors involved in norm-contestation, the sites and processes of resistance, the strategies and tactics antipreneurs deploy to defend the values and interests they perceive to be threatened by the entrepreneurs, and whether it is the entrepreneurs or the antipreneurs who enjoy greater inherent advantages. This text will therefore be of interest to scholars and students of International Relations, International Law, Political Science, Sociology and History. ". (shrink)

As opposed to a ‘one size fits all’ approach, precision medicine uses relevant biological, medical, behavioural and environmental information about a person to further personalize their healthcare. This could mean better prediction of someone’s disease risk and more effective diagnosis and treatment if they have a condition. Big data allows for far more precision and tailoring than was ever before possible by linking together diverse datasets to reveal hitherto-unknown correlations and causal pathways. But it also raises ethical issues relating to (...) the balancing of interests, viability of anonymization, familial and group implications, as well as genetic discrimination. This article analyses these issues in light of the values of public benefit, justice, harm minimization, transparency, engagement and reflexivity and applies the deliberative balancing approach found in theEthical Framework for Big Data in Health and Research to a case study on clinical genomic data sharing. Please refer to that article for an explanation of how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. Our discussion is meant to be of use to those involved in the practice as well as governance and oversight of precision medicine to address ethical concerns that arise in a coherent and systematic manner. (shrink)

Neurosurgery for psychiatric disorders, also sometimes referred to as psychosurgery, is rapidly evolving, with new techniques and indications being investigated actively. Many within the field have suggested that some form of guidelines or regulations are needed to help ensure that a promising field develops safely. Multiple countries have enacted specific laws regulating NPD. This article reviews NPD-specific laws drawn from North and South America, Asia and Europe, in order to identify the typical form and contents of these laws and to (...) set the groundwork for the design of an optimal regulation for the field. Key challenges for this design that are revealed by the review are how to define the scope of the law, what types of regulations are required, and how to approach international harmonization given the potential migration of researchers and patients. (shrink)

After having accomplished an observation of the different problematic that affect the daily life of our city, as reflect of what happens in the rest of the national territory, we have been attracted to implement a juridical analysis to the situation of the donation and organ transplantation in the legal ambit of our country, with the objective to identify the level of efficacy and the normative scope with respect to the situation of people who need a transplant. This restlessness born (...) from the analysis of the law 1716 and its regulation, which ambiguously delimits the functions of the centers of health in what respect to this topic, also to establish the creation of a waiting list and a record, tool which objective would be norm the permanent supply of organs through donation programs. These do not accomplish their objective or being attached to a public policy in the ambit that allow the continuity of the institutions and benefit of the people in need. (shrink)

Samuel Shirley's splendid new translation, with critical annotation reflecting research of the last half-century, is the only edition of the complete text of Spinoza's correspondence available in English. An historical-philosophical Introduction, detailed annotation, a chronology, and a bibliography are also included.

Ethical decision-making is essential to professionalism in engineering. For that reason, ethics is a required topic in an ABET approved engineering curriculum and it must be a foundational strand that runs throughout the entire curriculum. In this paper the curriculum approach that is under development at the Padnos School of Engineering (PSE) at Grand Valley State University will be described. The design of this program draws heavily from the successful approach used at the service academies — in particular West Point (...) and the United States Naval Academy. As is the case for the service academies, all students are introduced to the “Honor Concept” (which includes an Honor Code) as freshmen. As an element of professionalism the PSE program requires 1500 hours of co-op experience which is normally divided into three semesters of full-time work alternated with academic semesters during the last two years of the program. This offers the faculty an opportunity to teach ethics as a natural aspect of professionalism through the academic requirements for co-op. In addition to required elements throughout the program, the students are offered opportunities to participate in service projects which highlight responsible citizenship. These elements and other parts of the approach will be described. “Train up a child in the way he should go and when he is old he will not depart from it.” King Solomon. (shrink)

The value of argumentation in science education has become internationally recognised and has been the subject of many research studies in recent years. Successful introduction of argumentation activities in learning contexts involves extending teaching goals beyond the understanding of facts and concepts, to include an emphasis on cognitive and metacognitive processes, epistemic criteria and reasoning. The authors focus on the difficulties inherent in shifting a tradition of teaching from one dominated by authoritative exposition to one that is more dialogic, involving (...) small-group discussion based on tasks that stimulate argumentation. The paper focuses on how argumentation activities have been designed in school science. Examples of classroom dialogue where teachers adopt the frameworks/plans are analysed to show how argumentation processes are scaffolded. The analysis shows that several layers of interpretation are needed and these layers need to be aligned for successful implementation. (shrink)

Crudely put, educational research is unethical when it misrepresents or misidentifies—and so betrays—its putative beneficiaries or the goods and values they hold dear. How can researchers guard against these vulnerabilities? While acknowledging the vulnerabilities of educational research to abuses of trust and representation, and that there is no Archimedean point from which to approach research into people’s practices, we defend a universalist conception of research ethics in education. This universalist conception is developed via an examination of a central debate in (...) feminism, contrasting Alcoff’s positionality, Caughie’s performative conception and Nussbaum’s universalist conception of feminism. (shrink)

Crudely put, educational research is unethical when it misrepresents or misidentifies—and so betrays—its putative beneficiaries or the goods and values they hold dear. How can researchers guard against these vulnerabilities? While acknowledging the vulnerabilities of educational research to abuses of trust and representation, and that there is no Archimedean point from which to approach research into people’s practices, we defend a universalist conception of research ethics in education. This universalist conception is developed via an examination of a central debate in (...) feminism, contrasting Alcoff’s positionality, Caughie’s performative conception and Nussbaum’s universalist conception of feminism. (shrink)

A case-study of the interaction between philosophical context and observational data in the practice of Science.

The stereotyped pattern of cell commitments during leech embryogenesis is described. The nature of cell commitments during segmentation differs significantly between leech and fruit fly. Despite the constancy of cell fate assignments in normal development, ablation experiments show that cell interactions are essential in setting some of these commitments. Interacting cells follow a positionally determined hierarchy of fate choices. For other cells, which appear to have fates fixed from birth, the possibility of determinative interactions between mother and daughter cells is (...) discussed. (shrink)

During embryogenesis, cell division must be spatially and temporally regulated with respect to other developmental processes. Leech embryos undergo a series of unequal and asynchronous cleavages to produce individually recognizable cells whose lineages, developmental fates and cell cycle properties have been characterized. Thus, leech embryos provide an opportunity to examine the regulation of cell division at the level of individual well‐characterized cells within a community of different types of cells. Isolation of leech homologues of some of the highly conserved regulators (...) of the cell division cycle, and characterization of their patterns of maternal and zygotic expression, indicate that the cell divisions of early leech embryos are regulated by cell type‐specific mechanisms. These studies with leech embryos contribute to the emerging appreciation of the diverse mechanisms by which animals regulate cell division during early development. (shrink)

Falls are a leading cause of serious injury and restricted participation among persons with stroke (PwS). Reactive balance control is essential for fall prevention, however, only a few studies have explored the effects of lesion characteristics (location and extent) on balance control in PwS. We aimed to assess the impact of lesion characteristics on reactive and anticipatory balance capacity, gait, and hemiparetic lower limb function, in PwS. Forty-six subacute PwS were exposed to forward, backward, right and left unannounced horizontal surface (...) translations in 6 increasing intensities, while standing. Fall threshold (i.e., perturbation intensity that results in a fall into the harness system) was measured. In addition, the Berg Balance Scale (BBS), 6 Minute Walk Test (6MWT) and Lower Extremity Fugl-Meyer (LEFM) were measured. Lesion effects were analyzed separately for left- and right-hemisphere damaged (LHD, RHD) patients, using voxel-based lesion-symptom mapping (VLSM). Our results show that voxel clusters where damage exerted a significant impact on balance, gait and lower-limb function were found in the corticospinal tract, in its passage in the corona radiata and in the posterior limb of the internal capsule. Additional significant impact was found to lesions affecting the putamen and the external capsule. Balance, gait, and hemiparetic lower limb function showed much overlap of the corresponding ‘significant’ voxel clusters. Test scores of RHD and LHD patients were affected largely by damage to homologous regions, with the LHD group showing a wider distribution of ‘significant’ voxels. The study corroborates and extends previous findings by demonstrating that balance control, gait, and lower limb function are all affected mainly by damage to essentially the same brain structures, namely - the corticospinal tract and adjacent structures in the capsular-putaminal region. (shrink)

This study examines how low-income African American mothers of children with sickle cell disease cope with the reproductive implications of having passed a genetic disease on to their children. Based on in-depth interviews with 29 African American mothers, I found that most mothers knew about SCD prior to having a child with the disease; many knew they were carriers of the sickle cell trait. In explaining why this knowledge did not lead them to alter their reproductive behaviors, mothers invoked a (...) theme of medical mismanagement; that is, they said the genetic screening programs for SCD did not provide them with enough medical knowledge about the disease. The implication that adequate knowledge about SCD would have affected their childbearing choices, however, is contradicted by their subsequent reproductive behaviors. I argue that the SCD diagnosis threatened motherhood, an important cultural value among low-income African American women, and that they protected their reproductive autonomy by obfuscating SCD medical knowledge. (shrink)

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

This article took as its main objective to analyze the use of the internet by young students of 6th junior high education unit Cardenal Maurer, identify the types of social networks and influence in their lives, so knowing the consequences that affect in the teaching-learning process during training. To this end document review data and quantitative and qualitative techniques were used.