Claims of religious conscience that run counter to prevailing cultural trends are increasingly met with bewilderment and disbelief. The author argues that this should not surprise us given the ways in which the rational and liturgical status of religious beliefs and practices are widely misunderstood and misrepresented by jurists and legal philosophers. To make this point the author discusses some recent arguments found in court cases as well as in legal scholarship on religion. He encourages Catholic philosophers—who typically do not (...) work in this area--to enter the fray by contributing to the jurisprudential literature that touches on issues of faith, reason, and religious liberty. (shrink)

Against the position of professor rex martin ("the review of metaphysics," xxv, December 1971) it is argued that there is a conceptual link between disobedience and destruction of authority, As socrates argues; that socrates does not take obedience to law to be an absolute principle of action; that socrates in the two dialogues about his trial does not contradict himself on the question of obedience to the court; that socrates' argument from piety does not undermine his arguments from injury and (...) agreement. (shrink)

People with cognitive impairments often have difficulties formulating, understanding, or articulating decisions that others judge reasonable. The frequent response shifts decision-making authority to substitutes through advance directives of the person or guardianship orders from a court. The Convention on the Rights of People with Disabilities defends supported decision-making as an alternative to such forms of supplanted decision-making. But supported decision-making raises both metaphysical questions—what is required for a decision to be the person’s own?—and epistemological questions: how do we know what (...) persons judge to be their good, when they have difficulty conceptualizing and articulating? It raises practical questions, too, such as protection against risks of exploitation. This article uses a non-discrimination account of legal personhood drawn from the CRPD to explore how common features of decisions employed by people without cognitive disabilities are important in supported decision-making too. These features include prostheses, guardrails, relationships, and social contexts. (shrink)

In this Volume, published in1998, Fifteen scholars reveal the ways of preserving, conceiving and creating beauty were as diverse as the cultural influenced at work at the time, deriving from antique, medieval and more recent literature and philosophy, and from contemporary notions of morality and courtly behaviour. Approaches include discussion of contemporary critical terms and how these determined writers' appreciation of paintings, sculpture, architecture and costume; studies of the quest to create beauty in the work of artists such as Botticeli, (...) Leonardo, Raphael, Parmigianino and Vasari; and the investigation of changes functioning of the eye and brain, or to technical innovations like those found in Venetian glass. (shrink)

Pandemic emergencies and concomitant needs for interventions to protect public health place great pressure on individual liberty. In the United States, these pressures are exacerbated by views of negative liberty as the freedom to do whatever one wants with one’s person. This essay argues that the original US Supreme Court decision recognizing legislative powers to protect public health, Jacobson v. Massachusetts, was premised on an understanding of freedom of the person as limited by risks to others. Later court decisions have (...) departed from this analysis, instead viewing individual liberties over the person as conflicting with public health. This jurisprudential approach pitting unlimited individual liberty rights over the person against public health contributes to the tensions in the U. S. over mask wearing and restrictions on religious services during COVID-19. (shrink)

This article addresses the connection of ethics to risk management, and argues that there are compelling reasons to consider good ethical practice to be an essential part of such risk management. That connection has significant commercial outcomes, which include identifying potential problems, preventing fraud, the preservation of corporate reputation, and the mitigation of court penalties should any transgression arise. Information about the legal position, examples of cases, and arguments about the potential benefits of ethics are canvassed. The orientation of this (...) article is essentially Australian. It is hoped that it may provide some insights of value to other countries. (shrink)

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...) against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

In 1621 Bacon fell from power as Lord Chancellor, the highest position in the land. Charged with accepting bribes, he was convicted, fined, imprisoned and exiled from the Court. He died five years later, disgraced and deeply in debt.

Francis Bacon, lawyer, statesman, and philosopher, remains one of the most effectual thinkers in European intellectual history. We can trace his influence from Kant in the 1700s to Darwin a century later. The Advancement of Learning , first published in 1605, contains an unprecedented and thorough systematization of the whole range of human knowledge. Bacon’s argument that the sciences should move away from divine philosophy and embrace empirical observation would forever change the way philosophers and natural scientists interpret their (...) world. (shrink)

F. H. Bradley was the foremost philosopher of the British Idealist school, which came to prominence in the second half of the nineteenth century. Bradley, who was a life fellow of Merton College, Oxford, was influenced by Hegel, and also reacted against utilitarianism. He was recognised during his lifetime as one of the greatest intellectuals of his generation and was the first philosopher to receive the Order of Merit, in 1924. His work is considered to have been important to the (...) formation of analytic philosophy. In metaphysics, he rejected pluralism and realism, and believed that English philosophy needed to deal systematically with first principles. This work, first published in 1893, is divided into two parts: 'Appearance' deals with exposing the contradictions that Bradley believed are hidden in our everyday conceptions of the world; and in 'Reality', he builds his positive account of reality and considers possible objections to it. (shrink)

2015 Reprint of 1960 Edition. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. The "Novum Organum," full original title "Novum Organum Scientiarum" or 'new instrument of science', is a Bacon's landmark work scientific method. First published in 1620, the title is a reference to Aristotle's work "Organon," which was his treatise on logic and syllogism. Bacon outlines a new system of logic he believes to be superior to the old ways of syllogism. This is now known (...) as the Baconian method.For Bacon, finding the essence of a thing was a simple process of reduction, and the use of inductive reasoning. In finding the cause of a 'phenomenal nature' such as heat, one must list all of the situations where heat is found. Then another list should be drawn up, listing situations that are similar to those of the first list except for the lack of heat. A third table lists situations where heat can vary. The 'form nature', or cause, of heat must be that which is common to all instances in the first table, is lacking from all instances of the second table and varies by degree in instances of the third table. Bacon's work was instrumental in the historical development of the scientific method. Includes Bacon's Essay on "Great Instauration," and "Preparative Toward a Material and Experimental History.". (shrink)

This is the first critical edition since the nineteenth century of Bacon's principal philosophical work in English, The Twoo Bookes of Francis Bacon. Of the proficience and advancement of Learning, divine and humane - traditionally known as The Advancement of Learning.

This volume belongs to the first new critical edition of the works of Francis Bacon (1561-1626) to have been produced since the nineteenth century. The edition presents the works in broadly chronological order and according to the best principles of modern textual scholarship. The seven works in the present volume belong to the final completed stages (Parts III-V) of Bacon's hugely ambitious six-part sequence of philosophical works, collectively entitled Instauratio magna (1620-6). All are presented in the original Latin with (...) new facing-page translations. Three of the seven texts (substantial works in two cases, and all sharing a startlingly improbable textual history) are published and translated here for the first time: these are an early version of the Historia densi, the 'lost' Abecedarium, and the Historia de animato & inanimato. Another--the Prodromi sive anticipationes philosphiae secundae--has likewise never been translated before. Together with their commentaries and the introduction they open the way to important new understandings of Bacon's mature philosophical thought. (shrink)

[opening paragraph] -- Clark: The `astonishing hypothesis' which you put forward in your book, and which you obviously feel is very controversial, is that `You, your joys and sorrows, your memories and ambitions, your sense of personal identity and free will are, in fact, no more than the behaviour of a vast assembly of nerve cells. As Lewis Carroll's Alice might have phrased it: `You're nothing but a pack of neurons'.' But it seems to me that this is not so (...) astonishing a statement for a scientist to make. Isn't this what reductionist science has always believed? (shrink)

Bradley's metaphysical views, akin to those of Hegel, with a special emphasis on the internal relations of the Absolute are developed at length in Appearance ...

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

BackgroundConcurrent with efforts to establish national and regional biorepositories in Africa is widespread endorsement of ethics committees as stewards of the interests of individual donors and their communities. To date, ethics training programs for IRB members in Botswana have focused on ethical principles and international guidelines rather than on the ethical dimensions of specific medical technologies and research methodologies. Little is known about the knowledge and concerns of current and prospective IRB members in Botswana with respect to export, reuse, storage, (...) and benefit-sharing of biospecimens.MethodsThis qualitative study examined perspectives of IRB members in Botswana about the collection and use of biospecimens in research. Forty-one IRB members representing five committees in Botswana participated in discussions groups in March 2013. Transcriptions of audiotapes and field notes were analyzed to identify issues of concern that might be alleviated through education and capacity-building, and areas that required ongoing discussion or additional regulatory guidance.ResultsAreas of concern included lack of understanding among patients and providers about the use of biospecimens in clinical care and research; reuse of biospecimens, particularly issues of consent, ownership and decision-making; export of specimens and loss of control over reuse and potential benefits; and felt need for regulatory guidance and IRB-member training. Local belief systems about bodily integrity and strong national identity in the construct of benefits may be at odds with initiatives that involve foreign biorepositories or consider such collections to be global public goods.ConclusionEducation is needed to strengthen IRB-member capacity to review and monitor protocols calling for the collection and use of biospecimens, guided by clear national policy on priority-setting, partnerships, review, and oversight. Engagement with local stakeholders is needed to harmonize fundamentally different ways of understanding the human body and community identity with the aims of contemporary biomedicine. (shrink)

This article presents a review of the literature, summarizes current initiatives, and provides a heuristic for assessing the effectiveness of a range of institutional review board collaborative strategies that can reduce the regulatory burden of ethics review while ensuring protection of human subjects, with a particular focus on international research. Broad adoption of IRB collaborative strategies will reduce regulatory burdens posed by overlapping oversight mechanisms and has the potential to enhance human subjects protections.

BackgroundEthical and regulatory guidance on the collection and use of human biospecimens for research forms an essential component of national health systems in Sub-Saharan Africa, where rapid advances in genetic- and genomic-based technologies are fueling clinical trials involving HBS and the establishment of large-scale biobanks.MethodsAn extensive multi-level search for publicly available ethics regulatory guidance was conducted for each SSA country. A second review documented active trials listed in the WHO International Clinical Trials Registry Platform as of January 2015 in which (...) HBS collection was specified in the protocol. Findings were combined to determine the extent to which countries that are study sites for HBS-related research are supported by regulatory guidance language on the collection, use, ownership and storage of biospecimens.ResultsOf the 49 SSA countries, 29 had some form of national ethics guidance, yet only 17 provided language relating to HBS-related research, with specific guidance on consent, ownership, reuse, storage, and export/import/transfer. Ten countries accounted for 84 % of the active clinical trials involving the collection of HBS in SSA. All except one of these countries were found to have some national guidance in the form of regulations, codes of ethics, and/or standard operating procedures; however, only seven of the ten offered any language specific to HBS.ConclusionsDespite the fact that the bulk of registered clinical trials in SSA involving HBS, as well as existing and proposed sites for biorepositories under the H3Africa Initiative, are currently situated in countries with the most complete ethics and regulatory guidance, variability in the regulations themselves may create challenges for planned and future pan-African collaborations and may require legislative action at the national level to revise. Countries in SSA that still lack regulatory guidance on HBS will require extensive health system strengthening in ethics governance before they can be full participants in the modern research enterprise. (shrink)

THE LIFE Of FRANCIS BACON, LORD HIGH CHANCELLOR OF ENGLAND. THE ancient Egyptians had a law, which ordained that the actions and characters of their dead ...

[opening paragraph] -- Clark: The `astonishing hypothesis' which you put forward in your book, and which you obviously feel is very controversial, is that `You, your joys and sorrows, your memories and ambitions, your sense of personal identity and free will are, in fact, no more than the behaviour of a vast assembly of nerve cells. As Lewis Carroll's Alice might have phrased it: `You're nothing but a pack of neurons'.' But it seems to me that this is not so (...) astonishing a statement for a scientist to make. Isn't this what reductionist science has always believed? (shrink)

First published in 1876, this forceful and vigorous classic of English moral philosophy, written in opposition to Utilitarianism by one of England's most eminent philosophers, is now available for the first time since 1977.