The paper offers a survey of the debate on the introduction, in the Preamble of the Treaty establishing a Constitution for Europe, of references to God and Europe’s Christian tradition. It examines the question of European identity and values which motivates these proposals in relation to (1) the nature of the EU as an essentially political construction; (2) the issue of human rights in the EU; (3) the protection of cultural and religious diversity within the EU. The study (...) shows that the confessionalization of Europe promoted by strong churches on the Continent, which are legitimate actors of civil society, betray a failure to understand the logic of the European construction. To the extent to which they represent an attempt to secure a privileged position with respect to other religious or non-religious actors, they run against the functional principles and values of the Union. (shrink)

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe (...) is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

ABSTRACT This essay analyses French literature on protectorates that was published in the late nineteenth and early twentieth centuries. Firstly, I examine French understanding of protectorates with a focus on contrasting views about whether or not a protectorate treaty warrants the intervention of the protector in the internal affairs of the protected. In doing so, I attempt to delineate specific ways legal scholarship engaged with the ideological construction of a supposedly uncivilized other. Then I move on to trace the (...) development of a type of argument employed by the French to justify their colonialism that had to do with protectorate treaties. In the discussion, I explain the particular role the ‘violation’ argument played within French colonial discourse, both in the absence of the ‘territorium nullius’ argument, and in the face of critics of empire. Lastly, I place under scrutiny the relationship between the ‘violation’ argument and the distinction of two kinds of coercion – coercion of a state, and coercion of its representative. (shrink)

Rome and Carthage had established peaceful diplomatic relations before 300 b.c. — as early as the close of the sixth century according to Polybius, whose dating there no longer seems good cause to doubt. A second treaty was struck probably in 348. Both dealt essentially with traders' and travellers' obligations and entitlements, so any military or political terms sprang from that context. In both, the Carthaginians agreed to hand over any independent town they captured in Latium. In the first (...) treaty they were not to establish a fort in Latium either; in the second, the Romans were not to found a city in Carthaginian Africa, Spain or Sardinia. But independent military considerations are the stuff of a third treaty concluded during Rome's war with Pyrrhus. Rome and Carthage now pledged each other military aid in certain circumstances, as we shall see. And ‘geopolitical’ concerns of a very broad kind imbued a treaty which was reported by the third-century historian Philinus of Agrigentum. By this, he stated, ‘the Romans must keep out of the whole of Sicily, the Carthaginians out of Italy’ . This is Polybius' citation of Philinus' allegation; Polybius himself then roundly rejects the very existence of such a pact and declares himself at a loss to understand how his predecessor could record it, but modern scholarship is no longer all that ready to accept his view. A strong majority of historians prefer to follow the Agrigentine, and many see 306 b.c. as the likely year for the agreement because Livy records a ‘renewal’ then of a foedus with Carthage. (shrink)

B a c k g r o u nd. The article critically examines the concept of peace in the context of the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance. This study delves into the historical, diplomatic, and philosophical dimensions of the Treaty between the Soviet Union and the People's Republic of China in the mid-twentieth century. M e t h o d s. The study is based on a systematic analysis of the original documents of the Sino-Soviet (...) Treaty and other primary sources that record the context and content of the agreement. The article uses a comprehensive analysis of primary sources, diplomatic correspondence, political discourse, and philosophical narrative to illuminate various interpretations and implementations of the treaty's peace provisions. Analyzing the philosophical basis of the agreement, it is taken into account how the ideas and concepts of friendship, union and mutual assistance were interpreted in the philosophical context of both countries. The article uses methods of comparative analysis to establish common and distinctive features between the ideology of the Sino-Soviet Treaty. Re s u l t s. The study provides valuable information about the geopolitical dynamics of the 20th century, shedding light on how the two major communist powers managed their diplomatic relations. By examining the ideological underpinnings and practical implications of the Treaty's peace-oriented provisions, the article contributes to understanding the broader landscape of international relations in this dynamic period. C o n c l u s i o n s. The study provides important information about the geopolitical dynamics of the 20th century, revealing how the two leading communist states managed their diplomatic relations. The article also considers the prospects for the development of dynamics between the Soviet Union and the People's Republic of China, examining the difficulties and problems that arose in maintaining peaceful relations between powerful states with common political ideologies based on the principles of Marxism. Analyzing the ideological foundation and practical consequences of the peacekeeping principles in the treaty, the article contributes to a better understanding of the broad context of international relations and philosophical narrative. (shrink)

Militairy technology is developing at a rapid pace and we are seeing a growing number of weapons with increasing levels of autonomy being developed and deployed. This raises various legal, ethical, and security concerns. The absence of clear international rules setting limits and governing the use of autonomous weapons is extremely concerning. There is an urgent need for the international community to work together towards a treaty not only to safeguard ethical and legal norms, but also for our shared (...) security. This article explains why a treaty on autonomous weapons is needed and achievable. It goes into what a treaty could consist of to establish an international norm and set rules and limits on autonomy in weapon systems. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The (...) latest treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

The Patent Cooperation Treaty (PCT) is an international treaty that was concluded in 1970 as a special agreement under the 1883 Paris Convention for the Protection of Industrial Property. It establishes an international system for the filing and examination of patent applications and the conduct of “prior art” (technical literature) searches that is administered by a network of national and regional patent offices acting as Receiving Offices, International Searching Authorities and/or International Preliminary Examining Authorities. Its specific purpose is (...) to help inventors obtain a patent for the same invention in two or more PCT countries by allowing them to assert their claim internationally have it subjected to preliminary assessment before committing to one or more local applications. It thus reduces the risk of wasted expenditure by enabling an applicant to postpone the decision to pursue an application to grant until confident of its success. By creating a series of pre-grant procedures with recognised validity in each of the PCT’s nearly 140 countries, it also provides a basis for the harmonisation of patentability standards and facilitates the move toward the creation of an international patent. (shrink)

The article focuses on the overlooked volume of Henry Sumner Maine's corpus, the posthumously published International Law and uses it to respond to the general critical difficulty in establishing Maine's posture. Maine, of course, makes it difficult with the numerous contrapuntal moves of this book and others. For example, he strongly criticizes the predominant view of international law as an accretionary process of commentary by one theorist following another and yet he places tremendous value on Grotius, "whose works acted (...) on the spirit of belligerency like a charm," and other early international legal theorists. He sees his contemporary environment as marked by increasing militarization, even of militarization of society during time of peace, while he describes the relative humanity of the present over the distant past.Ultimately, Maine is a realist who focuses on late nineteenth-century manuals of war rather than the idealism of the Anglo-American peace movement, and recognizes the importance of Czar Alexander II over any of nineteenth-century international legal theorists. If J.W. Burrow has identified social evolution as providing Victorians an "intellectual resting-place" between theoretical clarity and social diversity, Maine's broad social evolution allows him to mediate between the moral amelioration in international life and the practical realities of that life. (shrink)

New Zealand fisheries management reforms are being conducted in terms of 'balancing' of interests and reconciliation of conflicting claims over ownership and use. Fisheries legislation seeks efficient levels of fishing effort, while establishing 'environmental bottom lines' for stock conservation; resource management law requires, alongside efficiency of resource use, consideration for species diversity and 'the intrinsic values of ecosystems' ; and the Treaty of Waitangi safeguards customary practices and life-support requirements for the Maori people. This paper analyses these antinomies (...) in terms of contrasting ethical positions – utilitarian rationality, versus an ethic of reciprocal hospitality – and shows how fisheries management policies can be formulated on this basis. (shrink)

At its meeting on 16 June 2005, the European Council decided to postpone its introduction of the European Constitution, originally planned to come into force on 1 November 2006. As the Treaty establishing a European Constitution could in principle only take effect if all the Member States agree, following the clear rejections in the French referendum on 29 May 2005 and the Dutch referendum on 1 June 2005 , the Member States needed a period of reflection, a search (...) for explanations and debate. The European Council did not feel that the date initially planned for a report on the ratification of the treaty was still tenable, since those countries which had not yet ratified the treaty would be unable to provide a clear reply before mid- 2007. But the process of ratification by the Member States was not abandoned. The timetable was adjusted to reflect the circumstances in the countries which had not yet ratified the treaty. This period was intended to regain the trust of the general public. (shrink)

This article argues that an artificial superintelligence (ASI) emerging in a world where war is still normalised constitutes a catastrophic existential risk, either because the ASI might be employed by a nation–state to war for global domination, i.e., ASI-enabled warfare, or because the ASI wars on behalf of itself to establish global domination, i.e., ASI-directed warfare. Presently, few states declare war or even war on each other, in part due to the 1945 UN Charter, which states Member States should “refrain (...) in their international relations from the threat or use of force”, while allowing for UN Security Council-endorsed military measures and self-defense. As UN Member States no longer declare war on each other, instead, only ‘international armed conflicts’ occur. However, costly interstate conflicts, both hot and cold and tantamount to wars, still take place. Further, a New Cold War between AI superpowers looms. An ASI-directed/enabled future conflict could trigger total war, including nuclear conflict, and is therefore high risk. Via conforming instrumentalism, an international relations theory, we advocate risk reduction by optimising peace through a Universal Global Peace Treaty (UGPT), contributing towards the ending of existing wars and prevention of future wars, as well as a Cyberweapons and Artificial Intelligence Convention. This strategy could influence state actors, including those developing ASIs, or an agential ASI, particularly if it values conforming instrumentalism and peace. (shrink)

This chapter considers the establishment freedom, concentrating on three aspects where recent European Court of Justice decisions have appeared to enlarge its scope but have also left unsolved questions on particular aspects. First, it looks at the nature of the establishment freedom, distinguishing it from the other freedoms, in particular the right to provide services and free movement of capital. Second, the chapter examines who are the beneficiaries of the right of establishment and, in particular, the position of legal persons, (...) companies, where harmonization of member states' company laws has achieved results but has not solved all problems. Finally, it addresses the question of which parties are obliged by the treaty to respect the right of establishment and considers a 2007 judgment, Viking, which, with the Laval decision concerning services, caused much criticism. (shrink)

This article traces the history of the earliest bilateral tax treaties which were concluded prior to World War I. There are currently over 3000 bilateral tax treaties in existence and their fundamental concepts and terms can be traced back to the earliest treaties. This article explores the political and economic context of the early treaties to understand why countries entered into tax treaties. Tax treaties play an important role in facilitating economic integration and as the European Union and other regional (...) blocs seek to establish a single market, the historical context of tax treaties can assist in understanding their role in modern international economic relations. (shrink)

This article examines the British colonial theft of Indigenous sovereignty and the particular obstacles that it presents to establishing just social relations between the colonizer and the colonized in settler states. In the first half, I argue that the particular nature of the crime of sovereign theft makes apologies and reparations unsuitable policy tools for reconciliation because Settler societies owe their very existence to the abrogation of Indigenous sovereignties. Instead, Settler states ought to return sovereignty to the land’s Indigenous (...) peoples. In the second half of this paper, I take up some of the practical questions of how this might be done and anticipate a number of objections. Giving up sovereignty would not mean dispossessing the millions of colonists who currently reside in these countries of their homes and property – but it does mean rethinking the constitutional makeup of a country and how that serves to benefit the different peoples who make their homes there. (shrink)

This present paper is devoted to the analysis of the decisional juridical discourses of the Appellate Body of the World Trade Organization. For this end, we decided to develop the research around two poles which shall be approached in an interweaving manner: the first concerns an examination of the methods of interpretation adopted by the Appellate Body and the second, which is a consequence of the former, devotes itself to the problem derived from the interpretation of authentic international treaties in (...) more than one language. In the light of these two approaches we can verify that the interpretation of the Appellate Body is highly influenced by the search for the purpose of the text and the construction of the juridical discourse in question is made with reference to the linguistic system analyzed as a dictionary. It was established, that the Appellate Body carries out a dictionary interpretation with a tendency, even incipient, to consider the linguistic versions of the World Trade Organization Agreements. Finally, the task is structured having as a backdrop two interdependent concepts which should not be neglected in an analysis of international juridical discourses. They are the following: ‹juridical culture’ and ‹language’. Both will be dealt with from a semiotic perspective since the central element of our study – and of the intersection between these two concepts – is the linguistic sign. (shrink)

The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market. Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is a substantive (...) part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU. According to article 49 from TFEU, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union, which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU. (shrink)

This book is a selection of papers from a conference which took place at the University of Keele in July 1982. The conference was an extraordinarily enjoyable one, and we would like to take this opportunity of thanking all participants for helping to make it so. The conference was intended to allow scholars working on different aspects of symbolic behaviour to compare findings, to look for common ground, and to identify differences between the various areas. We hope that it was (...) successful in these aims: the assiduous reader may judge for himself. Several themes emerged during the course of the conference. Some of these were: 1. There is a distinction to be made between those symbol systems which attempt, more or less directly, to represent a state of affairs in the world (e. g. language, drawing, map and navigational skill) and those in which the representational function is complemented, if not overshadowed, by properties of the symbol system itself, and the systematic inter-relations that symbols can have to one another (e. g. music, mathematics). The distinction is not absolute, for the nature of all symbolic skills is, in part, a function of the structure of the symbolic system employed. Nonetheless, this distinction helps us to understand some common acquisition difficulties, such as that experienced in mathematics, where mental manipulation of symbols can go awry if a child assumes too close a correspondence between mathematical symbols and the world they represent. 2. (shrink)

The Schuman Plan was enthusiastically endorsed by the Benelux countries, France, Germany, and Italy, but the United Kingdom declined to participate, refusing to accept the supranational role of the projected High Authority. The treaty Establishing the European Coal and Steel Community (ECSC) was signed in Paris on 18 April 1951. The European Economic Community (EEC) has provided the core framework for the process of European integration. The Single European Act (SEA) also inserted into the EEC Treaty a (...) number of specific new legal bases for Community action. The treaty provisions were superseded by the Treaty on European Union (TEU), which provides the legal basis for the common foreign and security policy (CFSP). The Reform Treaty was to shed the form, language, and symbols of a European Constitution in favor of having another amending treaty, similar in nature to the SEA, Treaty of Amsterdam (TA), or Treaty of Nice (TN). (shrink)

Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language best accomplishes the (...) purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the logical structure of legal discourse, where desired by the drafter. The current set of signaled structural definitions that are included in the A-Hohfeld language are first set forth and their use is illustrated in an extensive example from the treaty establishing the European Economic Community. The use of definitions in legal writing is widespread, butaddressed almost exclusively to controlling the vagueness of substantive legal terms; they are seldom used for structural purposes. Furthermore, their use in American legislative drafting is unsignaled. Here, attention is devoted to the relatively-neglected domain in legal discourse of imprecisely expressed logical structure, and the remedy offered, where desired by the drafter, is a set of signaled structuraldefinitions for use in controlling such imprecision. (shrink)

ABSTRACT Jean Monnet was the inventor of the community method; by placing economic integration before the political one, he reversed the criteria of unification that had characterised the development of nation-states in the Old Continent. He was never a government or party leader; despite this, he engaged on an equal footing with the most prestigious statesmen of the twentieth century, influencing their choices: from Viviani in 1914 to Giscard d’Estaing in 1975, passing through Schuman, Spaak, De Gasperi, Adenauer and Kennedy. (...) Monnet favoured the creation of supranational community institutions. Through his foresight he was able to combine ideas and pragmatism and in this way he taught a whole generation of European leaders to debate issues of common interest, thus overcoming national selfishness; from the Schuman Declaration of which he was the main ‘inspirer’ (as he was sarcastically called by Charles de Gaulle) which led to the European Coal and Steel Community (1951) to the first election by universal suffrage of the European Parliament (1979), passing through the failure of the European Defence Community (1954), the Rome Treaties establishing the European Economic Community and Euratom (1957) and his tireless commitment inside the Action Committee for the United States of Europe. (shrink)

From a legal philosophical perspective one can speak confidently about the concept of man in Europe. Fundamental implications of the so called homo europaeus, to be discussed in this article, are represented above all in the Treaty established a Constitution for Europe. The two contrasting concepts of man are responsible for the present crises surrounding the ratification of the new EU constitution. 3Philosophical reflections are required in order to deduce the concept of man from a constitutional text, in which (...) the concept itself is not explicitly mentioned. The implications of certain connotations are considered as basic values for a peaceful co-existence. Human dignity, fundamental rights, separation of powers, the right to resist, citizenship of the union, family, democracy, solidarity, subsidiarity and pluralism all cast a revealing light on the unapparent concept of the homo europaeus. (shrink)

The usage of metaphor in languages for specific purposes has been in the focus of interest of cognitive linguistics for years, especially after Lakoff and Johnson published their famous book “Metaphors We Live by” in 1980. Inspired by that book, the author strives to prove that metaphor was not only intensely present in the history of law but also that it pervades the language of contemporary legal theory and practice. Terms like _injury of law, the burden of evidence, soft laws, (...) hard laws,_ etc. are so often used by lawyers in their professional communication that they are hardly recognizable as metaphors. In the theoretical part, the terms _conceptual metaphor_ and _lexical metaphor_, as well as _the source domain_ and _the target domain of the metaphor_ are defined. Accordingly, conceptual metaphor and lexical metaphor are interpreted from the perspective of the language of law. As an introduction to the discussion on metaphoric terms in the field of law, a number of metaphors is presented and discussed from the point of view of legal history, as the metaphoric and other poetic expressions were recognized as the features of legalese back in the early seventeenth century. In the main part, the author presents and discusses the most common conceptual metaphors in connection with the terms _law, justice, court,_ and the types of metaphors typically used in specific branches of law as criminal law, company law, and contract law. The empirical part of the paper is focused on two research tasks. Firstly, metaphors occurring in selected Legal English textbooks are explored and discussed by using a qualitative and a quantitative approach, and secondly, metaphoric terms and phrases of the EU Law are excerpted from the Treaty Establishing the European Community (Consolidated version 2002), the main task being to establish the frequency of metaphors in this relatively young branch of law and the types of conceptual metaphors they belong to. In the closing part, conclusions on similarities and differences in the use of metaphor between two different types of legal texts are drawn with specific reference to the frequency, lexical structures, and typology of conceptual metaphors in the field of law. (shrink)

Is the European Constitution a modern version of political myth? The ample collection of European laws have become the normative basis for the functioning and existence of an enormous amount of different kinds of institutions. These laws particularly limit the power of State authority in the Member States. International law has taken on the character of external obligation, an issue that could be discussed elsewhere in the area of philosophical law, which precisely aims to cover this sphere of reality. What (...) are arguments for and against the description of a European order with reference to this concept? The aim of this article is to present European constitutional ideas and an analysis of the Draft of the Treaty establishing a Constitution for Europe from the point of view of the changes the European constitution has introduced into the discourse of philosophical law. (shrink)

The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU Member States, as (...) well as possible solutions to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. (shrink)

The protection of national minorities forms a constituent part of the international protection of human rights. General human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and others) create guarantees for the protection of persons belonging to national minorities on the basis of individual human rights. Although the mentioned treaties are not specifically devoted for the protection of national (...) minorities, it is important to underline that non-minorities treaties establish articles of special relevance for persons belonging to national minorities. Non-minorities treaties on the basis of non-discrimination and equality oblige the contracting states to ensure equal treatment of persons, including those belonging to national minorities. It may be noticed that non-minorities treaties provide the protection for persons belonging to national minorities indirectly through the interpretation of the ambit of general human rights. The core question is whether the protection granted on the basis of general human rights is sufficient for the effective protection of persons belonging to national minorities. The aim of the article is to analyze general and specialized international legal grounds of special significance for persons belonging to national minorities in order to determine the particularities of the protection granted for them. The conclusion is drawn that general human rights alone do not effectively protect national minorities: general human rights contribute to the protection of persons belonging to national minorities as a supplement element that inextricably interrelates with specialized rights together comprising the protection devoted to national minorities. (shrink)

France, a country with nearly 66 million inhabitants, contributed greatly to the construction of the European Union as one of the founder states. In 1957, the treaties establishing the European Economic Community and the European Atomic Energy Community were signed by Belgium, France, Germany, Italy, Luxembourg, and the Netherlands in Rome. Today, they are referred to as the “Treaties of Rome.” The French contribution to the EU has strongly influenced the political views on the development of Europe, notably pushing (...) for a large contribution of member states to the decision making processes and to the orientation of the EU policies. (shrink)

K.B. is a woman working for the United Kingdom National Health Service with a transsexual male partner. Her partner's male gender was not legally recognised in the United Kingdom and consequently they could not marry. Whilst the NHS pension scheme provides for the payment of a survivor's pension, this is only in respect of married partners. The European Court of Justice held that the combination of circumstances that prevented K.B.'s partner from receiving the survivor's pension amounted to sex discrimination in (...) pay contrary to Article 141 of the Treaty establishing the European Community. At first sight, this decision appears to represent a strengthening of the concept of gender equality in European Union law. Yet, the reasoning provided by the Court lacks clarity and coherence. Moreover, the reach of equality is compromised by the Court's determination to exclude any confrontation with the privileged status of heterosexual marriage. (shrink)

The scope of European Union competence was central to the reform process that culminated in the Lisbon Treaty. The Lisbon Treaty competence provisions borrowed heavily from those in the Constitutional Treaty. Some provisions are contained in the Treaty on European Union (TEU), but the detailed schema is in the Treaty on the Functioning of the European Union (TFEU). Article 2 TFEU is the foundational provision, setting out the categories of competence and the consequences that flow (...) from them. Article 2(1) TFEU establishes the category of exclusive competence, which carries the consequence that only the Union can legislate and adopt legally binding acts. Article 2(2) TFEU defines shared competence. The treaty schema for competence in Article 2 TFEU is premised on the ascription of legal consequences for EU and member state power as the result of coming within a particular category. Article 5 TFEU is an exception in this respect. (shrink)

International treaties, conventions and declarations have been developed in an attempt to establish a world in which people s basic rights and needs are provided for. An increasing number of states have ratified and incorporated them into their national legislations. But are such norms and values truly universal? And with states no longer being the only actors that shape global developments, what can be said about the role of social contracts between state and society for shaping the agenda of international (...) cooperation? And how do these social contracts develop in heterogeneous societies? If people themselves are the main drivers behind development, what does this imply for foreign aid?These and other questions are addressed in "Global Values in a Changing World," the 2010-2011 lecture series organized by the Netherlands Chapter of the Society for International Development. This volume combines views and recommendations by international experts, academics, and activists, and analyzes the connection between internationally agreed norms, standards, goals, and common goods, and the way they can be realized in a world that is both globalized and localized.". (shrink)

Ordoliberalism is often recognized as a powerful ideational source during the Euro crisis; however, there is no pure ordoliberal vision of European integration, and ordoliberal ideas have been used to support both Eurosceptical and Europeanist positions during the crisis. This article reconstructs the ordoliberal theoretical and political debate on European integration and argues that there exist two ordoliberal paradigms of European integration: one bottom-up, whereby the commitment to liberal economic policies at the national level is the precondition for a liberal (...) international order; the other top-down, whereby a liberal international order can help the establishment of a liberal order at the national level. The article compares two ordoliberal visions of the international order: Wilhelm Röpke’s ‘liberalism from below’ (which follows the bottom-up logic) and Viktor Vanberg’s ‘competitive federalism’ (which follows the top-down logic). Then, it explores the ordoliberal political debate on two episodes of the European integration process – the Maastricht Treaty and the Euro crisis – to argue that the bottom-up and the top-down logics underpinned, respectively, Eurosceptical and Europeanist arguments. (shrink)

The legal regime of the Economic and Monetary Union (EMU) is differentiated in two ways. While the rules on economic union apply with few exceptions to all member states, most Treaty provisions on monetary union are applicable only to those member states that have introduced the common currency. The Treaty on the Functioning of the European Union (TFEU) establishes a system of overlapping competences consisting primarily of measures adopted by the member states. During the initial phase of the (...) European Economic Community (EEC), exchange‐rate fluctuations or flexible exchange rates obstructed the development of a workable capital market. The Treaty of Lisbon provides that the European Union is to establish a monetary union whose currency is the euro. The TFEU provides for institutional and procedural mechanisms aimed at protecting the stability of the common currency. The euro has become a stable and internationally recognized currency. (shrink)

This chapter reexamines the case law of the Court of Justice of the European Union (CJEU) through the prism of the modern structure of the foundational treaties of the EU: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Lisbon Treaty has reshaped the structure of the positive law of the EU, marking a new stage in the process of creating a closer union. For EU procedural law, this (...) has led to the formal establishment of three focal points which reflect the issues involved. At one extreme, are general principles of EU law, which have constitutional status including the general principle of effective judicial protection. In the middle of the spectrum are two provisions which recognize the balancing of national and EU interests required at the procedural level. Finally, the treaties recognize the possibility for substantive regulation at the EU level. (shrink)

The very idea of the draft European Union (EU) Constitutional Treaty was reexamined after the failed French and Dutch referendums and the Treaty of Lisbon (also known as the Reform Treaty) was drafted and entered into force on 1 December 2009 after it’s ratification by all 27 member states. The traditional notion of a Constitution as a national legal document establishing the social contract and a moral minimum for a particular socially unified group still prevails in (...) legal and political thinking. Indeed, the European Union has some constitutional elements, but absence of the so called ‘European demos’ prevents us from recognizing the founding treaties as a real ‘European constitution’ in the proper sense of the word. The author agrees with the decision to exclude the term ‘Constitution’ from the title and contents of the new Reform Treaty. The author also suggests that softer terms, like ‘European constitutional order’ and ‘European Constitutionalism’ might better reflect the scope of contemporary European integration than the term of ‘a Constitution for Europe’. A rethinking of the ‘constitutional core’ of the Lisbon Treaty was inspired following the so-called Lisbon judgments of Czech, Latvian and German constitutional courts. (shrink)

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...) This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty, which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar. (shrink)

The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in the (...) granting of protection and the form of protection granted. This is seen as one of the main problems to be addressed in building the CEAS. It is fairly obvious that existing divergences in policy have a substantial impact upon the aims of the CEAS. It can be assumed that the difference in governmental practices involving recognizing asylum seekers on refugee grounds or subsidiary protection grounds may be a substantial factor in the decision-making process on where to apply for international protection. The European Commission stressed the importance, during the second phase of the CEAS, of paying particular attention to subsidiary and other forms of protection. (shrink)

Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most climate refugees (...) from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international community. The (...) currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

In 1795 Immanuel Kant published an essay entitled "Toward Perpetual Peace: A Philosophical Sketch." The immediate occasion for the essay was the March 1795 signing of the Treaty of Basel by Prussia and revolutionary France, which Kant condemned as only "the suspension of hostilities, not a peace." In the essay, Kant argues that it is humankind's immediate duty to solve the problem of violence and enter into the cosmopolitan ideal of a universal community of all peoples governed by the (...) rule of law.The essay's two-hundredth anniversary, 1995, also marked the fiftieth anniversary of the end of World War II and of the establishment of the Charter of the United Nations. The essays in this volume were written for a conference held in Frankfurt in May 1995 to commemorate these three anniversaries. Together, the authors argue for the continued theoretical and practical relevance of the cosmopolitan ideals of Kant's essay. They also show that history has both confirmed and outstripped Kant's prognoses. As recent events have shown, we certainly have not emerged from the violence of the state of nature. Accelerating globalization also gives these reconstructions and reappraisals of Kant's cosmopolitan ideal a new urgency.Contributors : Karl-Otto Apel, Kenneth Baynes, James Bohman, Jürgen Habermas, David Held, Axel Honneth, Matthias Lutz-Bachmann, Thomas McCarthy, Martha Nussbaum. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Given the apocalyptic nature of nuclear weapons, how can states establish an international order that ensures survival while allowing the weapons to be used in controlled ways to discourage great wars, and while allowing nuclear technology to diffuse for civil purposes? How can the possession of nuclear weapons by a few states be reconciled with their renunciation by the majority of states? Which political strategies can best deliver an international nuclear order that is effective, legitimate and durable? These have been (...) central questions in the nuclear age. This article suggests that the effort to construct such an order displayed the characteristics of an enlightenment project, with its emphasis on balance and rationality, the quest for justice and trust among states, the feasibility of instrumental regulation, and the attachment to hope and progress. With the Nuclear Non-Proliferation Treaty at its heart, it necessarily gave precedence to diplomacy and containment over preventive war. The reasons why this conception of nuclear order was discarded by its erstwhile champion, the United States, in favor of one bearing traits of counter-enlightenment, are explored. Its alternative strategy can now be declared a failure. Avoidance of a greater disorder depends on recognition that the problem of nuclear order is more than the problem of proliferation, or of non-compliance, and on recovery whatever the difficulties of the cooperative yet pragmatic sensibility that lay behind the prior approach to order. (shrink)

Indeterminacy in dating and elusive modes of intertextuality often confound attempts to establish reliable relative chronologies for classical South Asian texts. Occasionally, however, the relationship between two texts clearly reveals the dependence of one upon the other. Such is the case for the Arthaśāstra of Kauṭilya and the Mānava Dharmaśāstra, arguably the two most important classical treaties on law and statecraft. Close reading of the two reveals a direct relationship wherein the seventh adhyāya of the Mānava Dharmaśāstra took its general (...) structure and most of its material from the Arthaśāstra.The clarification of this general relationship makes possible an appreciation of the manner in which Manu appropriated material from Kauṭilya’s treatise and allows us to draw new conclusions and raise new questions about the intellectual and cultural history of the period. (shrink)

Republicanism has enjoyed something of a revival in recent times among political theorists. This article examines the way in which republican strains of democratic political philosophy impacted political thinkers and leaders in the case of modern Ireland. Although the Republic of Ireland was officially established in 1949, the question of its origins was a source of contention throughout the first part of the twentieth century. I argue that the intellectual origins of Irish republicanism lay in the impact of French revolutionary (...) thought on Irish nationalist leaders in the 1790s, and then trace these republican ideas through the public debates and tracts that marked the major stages in the development of the Irish Republic. In particular, I focus on the principles informing the 1916 Declaration of the Provisional Government of the Irish Republic, as well as the central arguments employed in the debates surrounding the Anglo-Irish Treaty of 1921 and the Republic of Ireland Act of 1948. My aim is to.. (shrink)

It is unclear what proper remuneration for surrogacy is, since countries disagree and both commercial and altruistic surrogacy have ethical drawbacks. In the presence of cross-border surrogacy, these ethical drawbacks are exacerbated. In this article, we explore what would be ethical remuneration for surrogacy, and suggest regulations for how to ensure this in the international context. A normative ethical analysis of commercial surrogacy is conducted. Various arguments against commercial surrogacy are explored, such as exploitation and commodification of surrogates, reproductive capacities, (...) and the child. We argue that, although commodification and exploitation can occur, these problems are not specific to surrogacy but should be understood in the broader context of an unequal world. Moreover, at least some of these arguments are based on symbolic rhetoric or they lack knowledge of real-world experiences. In line with this critique we argue that commercial surrogacy can be justified, but how and under what circumstances depends on the context. Surrogates should be paid a sufficient amount and regulations should be in order. In this article, the Netherlands and India are case examples of contexts that differ in many respects. In both contexts, surrogacy can be seen as a legitimate form of work, which requires the same wage and safety standards as other forms of labor. Payments for surrogacy need to be high enough to avoid exploitation by underpayment, which can be established by the mechanisms of either minimum wage, or Fair-Trade guidelines. An international treaty governing commercial surrogacy should be in place, and local professional bodies to protect the interests of surrogates should be required. Commercial surrogacy should be permitted across the globe, which would also reduce the need for intended parents to seek surrogacy services abroad. (shrink)

The pirate is the original enemy of humankind. As Cicero famously remarked, there are certain enemies with whom one may negotiate and with whom, circumstances permitting, one may establish a truce. But there is also an enemy with whom treaties are in vain and war remains incessant. This is the pirate, considered by ancient jurists considered to be "the enemy of all."In this book, Daniel Heller-Roazen reconstructs the shifting place of the pirate in legal and political thought from the ancient (...) to the medieval, modern, and contemporary periods presenting the philosophical genealogy of a remarkable antagonist. Today, Heller-Roazen argues, the pirate furnishes the key to the contemporary paradigm of the universal foe. This is a legal and political person of exception, neither criminal nor enemy, who inhabits an extra-territorial region. Against such a foe, states may wage extraordinary battles, policing politics and justifying military measures in the name of welfare and security. Heller-Roazen defines the piracy in the conjunction of four conditions: a region beyond territorial jurisdiction; agents who may not be identified with an established state; the collapse of the distinction between criminal and political categories; and the transformation of the concept of war. The paradigm of piracy remains in force today. Whenever we hear of regions outside the rule of law in which acts of "indiscriminate aggression" have been committed "against humanity," we must begin to recognize that these are acts of piracy. Often considered part of the distant past, the enemy of all is closer to us today than we may think. Indeed, he may never have been closer. (shrink)

In the late 1950s the North-Atlantic Treaty Organization (NATO) made a major effort to fund collaborative research between its member states. One of the first initiatives following the establishment of the alliance's Science Committee was the creation of a sub-group devoted to marine science: the Sub-committee on Oceanographic Research.This paper explores the history of this organization, charts its trajectory over the 13 years of its existence, and considers its activities in light of NATO's naval defence strategies. In particular it (...) shows how the alliance's naval commands played a key role in the sub-committee's creation due to the importance of oceanographic research in the tracking of enemy submarines. The essay also scrutinizes the reasons behind the committee's dissolution, with a special focus on the changing landscape of scientific collaboration at NATO. The committee's fall maps onto a more profound shift in the alliance's research agenda, including the re-organization of defence research and the rise of environmentalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Research on the Transformation of Contemporary Chinese Science Fiction by Zhan LingShaoming DuanZhan Ling. Research on the Transformation of Contemporary Chinese Science Fiction. Beijing: China Social Sciences Press, 2022, 324 pages, softcover, ¥ 118.00 ISBN: 978-7-5203-9465-9.Research on the Transformation of Contemporary Chinese Science Fiction is a laudable scholarly endeavor that provides reader with a unique interpretation of the representative works in contemporary China science fiction. Taking "transformation" as (...) the key word, this book outlines the development process and transformation features of science fiction since the founding of the People's Republic of China (i.e., new China). Starting with the investigation of the reasons for each transformation, this book combs the changes in the creative values, scientific views, and aesthetics of science fiction in more than seventy years. The book also aims to show the literary achievements of contemporary Chinese science fiction, affirm the academic values of "transformation" from the perspective of literary development history, and points out the existing shortcomings. This book will interest global scholars in literary studies, especially those in the field of Chinese science fiction studies. The detailed studies of contemporary Chinese science fiction by Zhan Ling connect her primary sources with wider temporal and spatial contexts. Zhan Ling approaches contemporary Chinese science fiction that was mostly unknown to the scholars of the twenty-first century, some of which were underestimated and even ignored for a long time.The book has an introduction, seven chapters, and a conclusion. The introduction briefly introduces the origin of Chinese science fiction. There was no category of "science fiction" in ancient Chinese literary tradition; it actually appeared in the late Qing dynasty. At that time, the Qing government was defeated miserably by Western powers in the two [End Page 521] "Opium Wars" and was forced to sign a series of unequal treaties with Western powers, which greatly damaged China's sovereignty and territorial integrity.In order to achieve the goals of "enriching the country and strengthening the army" and "learning foreign technology to counter foreigners," the Qing government decided to carry out the "Westernization Movement" (1861–95), calling on Qing officials to learn and use Western advanced science and technology and set up modern military, industry, and civilian enterprises. Science fiction, as a kind of literature directly linked with Western science and technology, had been introduced into China. In 1872 the Chinese version of Washington Irving's Rip Van Winkle was published in Shanghai Shen Daily, which opened the exploration of science fiction in Chinese literature. In 1904 Huang Jiangdiaosou (pen name) wrote the first Chinese science fiction, The Moon Colony. The intellectuals in the late Qing dynasty regarded science fiction as the literary practice of "saving the country through science" (6). Science fiction had contributed to the establishment of modern scientific consciousness for the pedantic people in the late Qing dynasty. The decline of the Qing dynasty was marked by the invasion and encroachment of the Western powers, which marked the formation of Chinese semicolonial and semifeudal society; This, in turn, contributed to the development of science fiction in China.The main body consists of seven chapters. Zhan Ling discusses the changes and transformations in the development of science fiction in contemporary China. The founding of new China marked the full rule of the Communist Party of China. In order to distinguish from the Kuomintang rule, the Communist Party called it "contemporary" after 1949. According to this "division," "contemporary science fiction" of the title refers to the science fiction published in mainland China after 1949. Compared with the past, science fiction in contemporary China has made great progress in quality and quantity (12).Zhan Ling divides the development of science fiction in contemporary China into four stages. The first phase was from 1949 to 1966. The second phase is from 1978 to 1984. The third phase is from 1985 to 1999. The fourth phase is the twenty-first century. The book tries to integrate the development history of contemporary Chinese science fiction into the development history of Chinese science fiction for research, and even puts contemporary Chinese science fiction into the development history of world science fiction [End Page 522... (shrink)

The article is devoted to the review of the most significant provisions of philosophical thought in China, starting from the XIX century and up to the 40s of the XX century. The author examines the views of both Western and Chinese intellectuals who have contributed to the formation of the new or modern Confucianism main issues. One of the most important aspect is the influence of historical events that have occurred since the XIX century. For example, the two Opium Wars (...) (1840-1842 and 1856-1860) and the policy of self-isolation pursued by the Manchu court, the Qing dynasty challenged the trade interests of the European colonial powers, and the crushing defeats suffered by China during these wars marked two important phenomena: the conclusion of unequal treaties with the victorious powers and the ruling dynasties discrediting. Such circumstances forced Chinese society to pay attention to the current state of affairs and therefore ask relevant questions, even more urgent from the fact that the results of the Opium Wars changed the usual ideas of the Chinese about their statehood. As a result - China faced a crisis that needs to be overcome (some of the intellectuals in China still try to find the most comprehensive way to effectively overcome it). Gradually, a different perception of the Chinese tradition begins to take shape in the XX century. The author notices a gradual break from blind imitation of Western thought patterns to a further rethinking of the main Chinese philosophy provisions that already proceeding from the established modern discourse and the search for common points of contact in the East-West intercultural dialogue. (shrink)

The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their members are entitled to these rights in the same way (...) as any other individual or group. Specific rights of minorities in general are granted to minority groups (e.g., “minority groups have the right to speak their own language”) or their members (e.g., “persons belonging to a minority group have the right to speak the language of the group”). Finally, specific rights of particular minorities are granted to specific groups identified by their characteristics (e.g., “the linguistic minority X has the right to speak the X language”) or their members (e.g., “any member of the linguistic minority X has the right to speak the X language”). Treaties and international declarations often refer to universal rights and specific rights of minorities in general. However, these rights are usually recognised in broad terms, and their implementation may lead to the recognition of specific rights in favour of particular minorities or their members. Protection of minorities (in the broad sense of the expression) is based on two pillars: on the one hand, the protection against discrimination; on the other hand, the protection of minorities in the strict sense. The first pillar is an aspect of the general principle of nondiscrimination and requires respect for both formal and substantive equalities. The protection of minorities in the strict sense involves the preservation of their particular identity. The purpose of the equality in a formal sense is achieved through universal rights, to the extent that these are granted to minority groups and their members. On the contrary, to achieve equality in a substantive sense, it could be necessary to implement positive measures. The implementation of these measures will usually lead to the recognition of specific rights of minority groups or their members. Finally, the protection of the distinctive characteristics of the minorities will also be done through specific rights. Thus, on the one hand, there are rights, which are intended to protect the minority forms of life (i.e. to protect differences), and, on the other hand, those that are intended to allow minorities equal access to different uniform social goods (i.e. to protect equality). Whereas the former ones seek to protect and promote the particularities of the minority culture (e.g., the right to receive education in their own language), the latter ones are recognised to overcome the disadvantages that minority groups and their members face and are not intended to promote peculiarities, but rather to permit equal access to resources and social opportunities. Article 27 of the International Covenant on Civil and Political Rights enshrines specific rights of minorities intended to protect and promote their own forms of life. Although economic rights are not mentioned (the article refers to the rights “to enjoy their own culture, to profess and practise their own religion, [and] to use their own language”), they may stem from the explicitly recognised rights. The rights recognised by the Covenant are not collective, but individual rights (“in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...]”). The rights recognised in the Declaration of the United Nations General Assembly on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are of the same nature. The principle of equality and non-discrimination is contained in Articles 2.1 and 26 of the Covenant. This principle forbids direct and indirect discrimination, be it de iure or de facto. As this is a universal right, minorities can also benefit from it. According to the Human Rights Committee, Article 27 imposes on States the adoption of positive measures that exceed an attitude of mere abstention. In the same way, positive measures may be necessary to make the principle of equality and non-discrimination effective. Although neither Article 27 nor Articles 2.1 and 26 refer to individuals belonging to a specific minority, the concrete implementation of these articles through positive measures may produce specific rights for persons belonging to particular minority groups. (shrink)