Moet er strenger gestraft worden of juist niet? Mag de rechter door de wetgever aan banden worden gelegd? In hoeverre mag de overheid ingrijpen in het privéleven van haar burgers? Deze vragen zijn inzet van menig opiniërend krantenartikel of discussieprogramma. Ook degenen die zich beroepshalve met het recht bezighouden zullen zich van tijd tot tijd moeten bezinnen op taak en functie van het recht. Moeten we regels toepassen als ze tot onrechtvaardige uitkomsten leiden? Leiden regels wel tot het doel waarvoor (...) ze zijn opgesteld? Dit zijn allemaal vragen over het recht waarop door het recht zelf geen antwoorden kunnen worden gegeven. Betekent dit dat discussies over deze kwesties zinloos zijn omdat zij ontaarden in politieke welles-nietes spelletjes? Deze inleiding in de rechtsfilosofie beoogt te laten zien dat dit niet hoeft. (shrink)

This book focusses on conceptual shifts in the successive formulations of natural law theory by Aquinas, Suárez, Grotius, Pufendorf, and Finnis, and reveals the accumulation of problems, inherent in natural law and theory, which ultimately led to its demise.

A philosophical analysis of the work of one of the most iconoclastic thinkers in Chinese history, Li Zhi, whose ethics prized spontaneous expression of genuine feelings.

The iconoclastic scholar Li Zhi (1527-1602) was a central figure in the cultural world of the late Ming dynasty. His provocative and controversial writings and actions powerfully shaped late-Ming print culture, commentarial and epistolary practice, discourses on authenticity and selfhood, attitudes toward friendship and masculinity, displays of filial piety, understandings of the public and private spheres, views toward women, and perspectives on Buddhism and the afterlife. In this volume, leading sinologists demonstrate the interrelatedness of seemingly discrete aspects of Li Zhi's (...) thought and emphasize the far-reaching impact of his ideas and actions on both his contemporaries and his successors. In doing so, they challenge the myth that there was no tradition of dissidence in premodern China. (shrink)

Zhi 李贄, also named ( hao 號) Zhuowu 卓吾 (1527–1602), and argues that he articulates a coherent and compelling vision of a good life focused on the expression of genuine feelings distinctive to each individual. Through a study of literary texts and terms of art he refers to in his critical essay “On the Child-like Heart-mind” ( Tongxin Shuo 童心說), as well as the metaphors and images he fleshes out throughout his writings, I characterize Li’s ethical vision and show that (...) it is rooted in a particular loose and accommodating conception of human nature and centered on the simple and intuitive act of daily maintaining the birthright of our “child-like heart-mind.”. (shrink)

In this article I uncover, describe, and analyze two native Chinese theories by way of exploring the commentarial tradition through the centuries on two passages from Confucian classics: Mengzi 孟子 4B12 and Analects 論語 11.25. One view I explore is of the child as a cluster of role-specific duties, whereupon debates regard proper behavior for a junior in society; a second conception is of the child as an existential quality to be preserved or rediscovered, or a special stage in life (...) to be honored, whereupon the debates within the commentaries regard effective methods for preserving or rediscovering one’s human nature. In concluding, I compare this latter conception of children with the theories on childhood development articulated by the great 20th-century developmental psychologist Erik Erikson , whose views inform a number of seminal and important studies on children in China. I show how the latter Confucian view and Erikson’s are substantively different and yet can be seen as complementary. (shrink)

Ownership rights influence thought and behavior in relation to the physical world and in relation to other people. We review recent research examining the nature of ownership rights, and how young children and adults conceive of them. This research examines issues such as the rights ownership is assumed to confer; whether ownership rights reflect principles specific to ownership or instead depend on more general moral principles; and whether ownership rights are inventions of law and culture, or whether they have a (...) more natural basis. (shrink)

The iconoclastic scholar Li Zhi (1527-1602) was a central figure in the cultural world of the late Ming dynasty. His provocative and controversial writings and actions powerfully shaped late-Ming print culture, commentarial and epistolary practice, discourses on authenticity and selfhood, attitudes toward friendship and masculinity, displays of filial piety, understandings of the public and private spheres, views toward women, and perspectives on Buddhism and the afterlife. In this volume, leading sinologists demonstrate the interrelatedness of seemingly discrete aspects of Li Zhi's (...) thought and emphasize the far-reaching impact of his ideas and actions on both his contemporaries and his successors. In doing so, they challenge the myth that there was no tradition of dissidence in premodern China. (shrink)

Brouwer defended the view that the autonomy of the individual citizen is furthered by articulated, precise and clear legislation. The question arises whether all kinds of rules can be said to enhance such autonomy. It is argued that a distinction should be drawn between rules that dictate desirable outcomes, on the one hand, and rules that determine the way the game is played, on the other. Rules of the game often reflect the way they were drafted and can be seen (...) as the embodiment of power relations between rule-makers. Rules that dictate outcomes, on the other hand, are often drafted by experts who analyse the goals to be reached. The view is defended that only rules of the game – potentially – enhance the autonomy of the citizen, whereas outcome-rules are potentially manipulative, tending to exclude those who are ill-equipped to realize the prescribed outcomes. The virtues of rules therefore do not merely reside in their clear and precise nature, but are largely derived from their capacity to regulate the relations amongst citizens who were included in the process of rulemaking. (shrink)

This article investigates the implications of goal-legislation for legal argumentation. In goal-regulation the legislator formulates the aims to be reached, leaving it to the norm-addressee to draft the necessary rules. On the basis of six types of hard cases, it is argued that in such a system there is hardly room for constructing a ratio legis. Legal interpretation is largely reduced to concretisation. This implies that legal argumentation tends to become highly dependent on expert (non-legal) knowledge.

The Dutch law states that a physician may perform euthanasia according to a written advance euthanasia directive when a patient is incompetent as long as all legal criteria of due care are met. This may also hold for patients with advanced dementia. We investigated the differing opinions of physicians and members of the general public on the acceptability of euthanasia in patients with advanced dementia.

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal (...) validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

Background Sickle cell anemia is a major genetic disease with the greatest burden in sub-Saharan Africa. To try to help reduce this burden, some churches in Nigeria conduct premarital sickle cell hemoglobin screening and refuse to conduct weddings when both individuals are identified as carriers of sickle cell trait. Main body This paper explores the ethical challenges involved in such denials. We assess whether churches have the right to decline to marry adults who understand the risks and still prefer to (...) get married, and whether couples should be denied church weddings based on the risk that their child may suffer from sickle cell anemia. We examine the moral and ethical dimensions of such denials and explore the underlying socio-cultural context involving the purpose of marriage and the meaning of the wedding ceremony in societies where premarital screening is one of the few tools available to reduce the risk of having children with SCA. The potential role of the church is also examined against the background of church beliefs, the duty of the church to its members and its role in reducing the suffering of its members and /or their children. Conclusion We argue that the church should impose these burdens on couples only if doing so promotes a sufficiently compelling goal and there is no less burdensome way to achieve it. We then argue that the goal of reducing the number of individuals in Nigeria who have SCA is compelling. However, testing earlier in life offers a less burdensome and potentially even more effective means of achieving this goal. This suggests that, advocating for earlier screening and helping to support these programs, would likely better promote the church’s own goals of helping its parishioners, increasing the number of church weddings, and reducing the burden of SCA in Nigeria. (shrink)

Sickle cell anemia is a major genetic disease with the greatest burden in sub-Saharan Africa. To try to help reduce this burden, some churches in Nigeria conduct premarital sickle cell hemoglobin screening and refuse to conduct weddings when both individuals are identified as carriers of sickle cell trait. This paper explores the ethical challenges involved in such denials. We assess whether churches have the right to decline to marry adults who understand the risks and still prefer to get married, and (...) whether couples should be denied church weddings based on the risk that their child may suffer from sickle cell anemia. We examine the moral and ethical dimensions of such denials and explore the underlying socio-cultural context involving the purpose of marriage and the meaning of the wedding ceremony in societies where premarital screening is one of the few tools available to reduce the risk of having children with SCA. The potential role of the church is also examined against the background of church beliefs, the duty of the church to its members and its role in reducing the suffering of its members and /or their children. We argue that the church should impose these burdens on couples only if doing so promotes a sufficiently compelling goal and there is no less burdensome way to achieve it. We then argue that the goal of reducing the number of individuals in Nigeria who have SCA is compelling. However, testing earlier in life offers a less burdensome and potentially even more effective means of achieving this goal. This suggests that, advocating for earlier screening and helping to support these programs, would likely better promote the church’s own goals of helping its parishioners, increasing the number of church weddings, and reducing the burden of SCA in Nigeria. (shrink)

Gender and social inclusion efforts in agricultural development are focused on making uptake of agricultural technologies more equitable. Yet research looking at how gender relations influence technology uptake often assumes that men and women within a household make farm management decisions as individuals. Relatively little is understood about the dynamics of agricultural decision-making within dual-adult households where individuals’ management choices are likely influenced by others in the household. This study used vignettes to examine decision-making related to maize plot management in (...) 698 dual-adult households in rural Kenya. The results indicated a high degree of joint management of maize plots (55%), although some management decisions—notably those related to purchased inputs—were slightly more likely to be controlled by men, while other decisions—including those related to hiring of labor and maize end uses—were more likely to be made by women. The prevalence of joint decision-making underscores the importance of ensuring that both men’s and women’s priorities and needs are reflected in design and marketing of interventions to support maize production, including those related to seed systems, farmer capacity building, and input delivery. (shrink)

Visualizations used in the practice of neuroscience, as one example of a scientific practice, can be sorted according to whether they represent (A) actual things, (B) theoretical models, or (C) some integration of these two. In this paper I hypothesize that an assessment of a chain of visual representations from (A) through (C) to (B) (and back again) is used, as part of the practice of scientific judgment, to assess the adequacy of the "working fit" between the theoretical model and (...) the actual thing or process that the model is intended to explain. (shrink)

La paix partout menacée est souvent en butte à l’intégrisme religieux qui prétend défendre des valeurs morales « au nom de Dieu », là où il bafoue l’humanité. C’est pourquoi, il est temps de moraliser Dieu : assurer à chacun la possibilité de croire ou de ne pas croire, ne pas introduire de hiérarchie au sein du polythéisme et inviter les croyants à se demander ce qu’ils font de leur foi. Car, en l’espèce, si les actes valent mieux que les (...) paroles, aucun Dieu ne peut (par la voix de ses prêtres, de ses pasteurs ou de ses imams) exiger des fidèles qu’il tuent, massacrent et sèment la terreur. Comme le montre cet article, seule une éthique débarrassée de l’obscurantisme et de l’intolérance peut prétendre à l’universel et à la solidarité. (shrink)

La paix partout menacée est souvent en butte à l’intégrisme religieux qui prétend défendre des valeurs morales « au nom de Dieu », là où il bafoue l’humanité. C’est pourquoi, il est temps de moraliser Dieu : assurer à chacun la possibilité de croire ou de ne pas croire, ne pas introduire de hiérarchie au sein du polythéisme et inviter les croyants à se demander ce qu’ils font de leur foi. Car, en l’espèce, si les actes valent mieux que les (...) paroles, aucun Dieu ne peut (par la voix de ses prêtres, de ses pasteurs ou de ses imams) exiger des fidèles qu’il tuent, massacrent et sèment la terreur. Comme le montre cet article, seule une éthique débarrassée de l’obscurantisme et de l’intolérance peut prétendre à l’universel et à la solidarité. (shrink)

RésuméCet article se propose de reconstruire une partie du livre IV du traité perdu Sur la démonstration de Galien à partir des témoignages transmis par Abū Bakr al-Rāzī dans les Doutes sur Galien, et d'une source encore jamais exploitée, la Solution aux Doutes sur Galien de Abū al-ʿAlāʾ ibn Zuhr. L'hypothèse à laquelle nous sommes parvenue est que, dans le livre IV, Galien revient sur le caractère indécidable de la question de l’éternité du monde, et critique la démonstration donnée par (...) Aristote dans le traité Du Ciel, I. Seul un des arguments d'Aristote, qui occupe le court passage I, 3, 270b12–17, lui semble pouvoir être sauvé, car il est fondé sur des indications empiriques. C'est sur ce passage que se concentre al-Rāzī. Cette reconstruction permet de réduire les contradictions entre les fragments du livre IV transmis par Philopon dans Contre Proclus sur l’éternité du monde et le compte rendu d'al-Rāzī. Enfin, cet article montre que si al-Rāzī porte autant d'intérêt à ce passage chez Galien, ce n'est pas seulement à des fins polémiques, mais afin de servir ses propres objectifs philosophico-théologiques. Les objections d'al-Rāzī montrent qu'il considère que la téléologie galénique est adossée à un arrière-fond éternaliste qui ne lui permet pas de reconnaître la primauté de la théodicée pour la cosmologie comme pour la biologie. (shrink)

Plus de cinq ans de parution, douze numéros et sans doute plus de trois mille pages, CLIO a atteint l'âge adulte. CLIO est-elle connue de toutes et de tous, du moins parmi les historiens? Sans doute, si l'on excepte la tribu toujours un peu lointaine des historiens de l'Antiquité pour lesquels Klio (avec un K) reste et demeure une très savante revue d'histoire ancienne publiée à Vienne. Mais c'était bien le risque (mesuré) que de vouloir prendre le nom d'une muse (...) qui avait déjà séduit plus d... (shrink)

The work argues that engaging Africa's cultural and epistemic resources as social imaginaries, and not as metaphysical or ontological “essences,” could help practitioners of African philosophy overcome the cluster of shortcomings and undesirable features associated with “ethnophilosophy.” A number of points are outlined to buttress this claim. First, the framework of social imaginaries does not operate with the false assumption that Africa's cultural forms and epistemic resources are static and immutable. Second, this framework does not lend itself to sweeping generalizations (...) about Africa or large swathes of it. Third, the framework of social imaginaries remedies ethnophilosophy's problem of collectivism. Fourth, unlike ethnophilosophy, it does not romanticize and canonize a supposedly “idyllic” African past, which militates against a realistic and forward‐looking philosophizing. Finally, with the framework of social imaginaries, Africa's indigenous cultural and epistemic resources become amenable to being engaged with critical philosophical rigor. This not only enhances their potential for cross‐cultural philosophical conversation but also enhances their usefulness for addressing current sociopolitical issues affecting Africa. The discussion in this paper somewhat touches upon the question of method in African philosophy, using the ethnophilosophy problem to navigate the vast gamut of issues involved. (shrink)

Paternal authority is recommended as a valid Christian resource for conflict resolution in biomedical (and other inner-familial) decision making. Its bases are explored in view of the two-fold creation account in Genesis, interpreted in the light of the Pauline theology. In addition, a theological account is proposed that portrays the taxis between husband and wife as a condition under which humans can seek to emulate the inner-Trinitarian love. The relationship between that love (as portrayed in St. Basil’s On the (...) Holy Spirit), the love between God and man, and the love between the sexes (as further extended to the children in a family that constitutes a “small church”), is described in terms of an interplay between the Divine offer of grace and the human response of obedience. In framing their marital love according to the model of Christ and His Church, couples can also profit from the ascetical therapy predicted for their fallen nature in the “curse” that drove our forefathers from Paradise. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 44, no. 3. © 2018 by Feminist Studies, Inc. 699 Jennifer C. Nash The Political Life of Black Motherhood In 1976, Adrienne Rich wrote, “We know more about the air we breathe, the seas we travel, than about the nature and meaning of motherhood.”1 In the four decades since the publication of Rich’s now-canonical Of Woman Born, Andrea O’Reilly has argued for the advent of “maternal theory” (...) as an academic discipline, the maternal memoir has become a highly popular (and profitable) literary genre, and there has been sustained attention to maternal activism with scholarly analyses of such organizations as Mothers Against Drunk Driving and Mothers of the Movement.2 If Mamie Till Bradley boldly “let the world see” her son’s mutilated body in a 1955 public plea to make visible black suffering and antiblack violence, Valerie Castile’s statement after a jury found a police officer not guilty in the death of her son continued in the tradition of 1. Adrienne Rich, Of Woman Born: Motherhood as Experience and Institution (New York: W. W. Norton, 1995), 11. 2. See Andrea O’Reilly, ed., Maternal Theory: A Reader (New York: Demeter Press, 2007); Ann Hulbert, “The Real Myth of Motherhood,” Slate, March 8, 2005; Jennifer C. Nash and Samantha Pinto, “Strange Intimacies: Reading Black Mothering Memoirs,” Public Culture (forthcoming); Danielle Poe, Maternal Activism: Mothers Confronting Injustice (Albany: SUNY Press, 2016); and Ruth Feldstein, Motherhood in Black and White: Race and Sex in American Liberalism, 1930–1965 (Ithaca, NY: Cornell University Press, 2000). 700 Jennifer C. Nash Books Discussed in This Essay Revolutionary Mothering: Love on the Front Lines. Edited by Alexis Pauline Gumbs, China Martens, and Mai’a Williams. Oakland, CA: PM Press, 2016. Laboring Positions: Black Women, Mothering and the Academy. Edited by Sekile Nzinga-Johnson. Bradford, ON: Demeter Press, 2013. How All Politics Became Reproductive Politics: From Welfare Reform to Foreclosure to Trump. By Laura Briggs. Oakland: University of California Press, 2017. Birthing Justice: Black Women, Pregnancy, and Childbirth. Edited by Julia Oparah and Alicia Bonaparte. New York: Routledge, 2016. making black (male) pain visible through grief-stricken black motherhood. Castile said, My son loved this state. He had one tattoo on his body and it was of the twin cities, the state of Minnesota with “TC” on it. My son loved this city, and this city killed my son and the murderer gets away.... We’re not evolving as a civilization, we’re devolving, we have taken steps forward, people have died for us to have these rights and now we’re devolving, we’re going back to 1969.3 Her emotional plea reveals the political currency of black maternal suffering, one of the few spaces in which black pain is readily culturally visible. Indeed, there has been intensified scholarly and popular interest in representing black motherhood as both a site constituted by grief and expected loss and as a political position made visible (only) because of its proximity to death. It is certainly the case that a cultural inattention to motherhood has been replaced by an intense investment in representing at least some aspects of “the nature and meaning of motherhood” and 3. “Philando Castile’s Mother Reacts to Verdict,” Washington Post video on YouTube, posted on June 16, 2017, https://www.youtube.com/watch?v=RJsD4cCpUA. Jennifer C. Nash 701 in representing certain mothers—particularly black mothers—as symbols of trauma and injury, of pain that can be mobilized for “legitimate” political ends and social change. If, as O’Reilly suggests, maternal theory is now a distinct field, it has been fundamentally shaped by the intellectual and political labor of black feminists—Dorothy Roberts, bell hooks, Alice Walker, Patricia Hill Collins, Hortense Spillers, and Audre Lorde—who have captured the myriad ways that black maternity is cast as pathological, excessive, and marked by aberrant performances of gender and heterosexuality that threaten both the nuclear family and the heterosexual state. Drawing on a varied archive from the Moynihan Report to cultural panics about “kids having kids,” from ongoing representations of black women’s “failure” to breastfeed as a public health crisis to the racialized underpinnings of birth control, black feminist theory... (shrink)