During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

The concept of vulnerability is deployed in bioethics to, amongst other things, identify and remedy harms to participants in research, yet although nonhuman animals in experimentation seem intuitively to be vulnerable, this concept and its attendant protections are rarely applied to research animals. I want to argue, however, that this concept is applicable to nonhuman animals and that a new taxonomy of vulnerability developed in the context of human bioethics can be applied to research animals. This taxonomy does useful explanatory (...) work, helping to pinpoint the limitations of the 3Rs/welfare approach currently adopted in the context of animal experimentation. On this account, the 3Rs/welfare approach fails to deliver for nonhuman animals in experimentation because it effectively addresses only one element of their vulnerability (inherent) and paradoxically through the institution of Animal Ethics Committees intended to protect experimental animals in fact generates new vulnerabilities that exacerbate their already precarious situation. (shrink)

This paper aims to outline the essential structural traits that a procedural theory of justice for the management of conflicts about values should display in order to combine open-endedness and cogency. To this purpose, it offers an investigation into the characteristics of procedural justice through a critical assessment of John Rawls‟s taxonomy of proceduralism, in terms of perfect, imperfect and pure procedural justice. Given the concessions the two former kinds of proceduralism make to substantive theories, and the potentially misleading characterisation (...) Rawls gave of pure procedural theories of justice, it reformulates the latter category in terms of impure proceduralism. In this case, the theory is required not to pose substantive constraints on the qualities of just outcomes, but is, rather, expected to provide a trans-contextually applicable account of the qualities of just procedures on the basis of an independent criterion of justice. (shrink)

This paper aims to outline the essential structural traits that a procedural theory of justice for the management of conflicts about values should display in order to combine open-endedness and cogency. To this purpose, it offers an investigation into the characteristics of procedural justice through a critical assessment of John Rawl’s taxonomy of prodeduralism, in terms of perfect, imperfect and pure procedural justice. Given the concessions the two former kinds of proceduralism make to substantive theories, and the potentially misleading characterisation (...) Rawls gave of pure procedural theories of justice, it reformulates the latter category in terms of impure proceduralism. In this case, the theory is required not to pose substantive constraints on the qualities of just outcomes, but is, rather, expected to provide a transcontextually applicable account of the qualities of just procedures on the basis of an independent criterion of justice. (shrink)

Research ethics committees—animal ethics committees for animal-based research and institutional research boards for human subjects—have a key role in research governance, but there has been little study of the factors influencing their effectiveness. The objectives of this study were to examine how the effectiveness of a research ethics committee is influenced by committee composition and dynamics, recruitment of members, workload, participation level and member turnover. As a model, 28 members of AECs at four universities in western Canada were interviewed. Committees (...) were selected to represent variation in the number and type of protocols reviewed, and participants were selected to include different types of committee members. We found that a bias towards institutional or scientific interests may result from a preponderance of institutional and scientist members, an intimidating atmosphere for community members and other minority members, recruitment of community members who are affiliated with the institution and members joining for reasons other than to fulfil the committee mandate. Thoroughness of protocol review may be influenced by heavy workloads, type of review process and lack of full committee participation. These results, together with results from the literature on research ethics committees, suggested potential ways to improve the effectiveness of research ethics committees. (shrink)

We dedicate this book to John Thibaut. He was mentor and personal friend to one of us, and his work had a profound intellectual influence on both of us. We were both strongly influenced by Thibaut's insightful articulation of the importance to psychology of the concept of pro cedural justice and by his empirical work with Laurens Walker in reactions to legal institu demonstrating the role of procedural justice tions. The great importance we accord the Thibaut and Walker work is (...) evident throughout this volume. If anyone person can be said to have created an entire field of inquiry, John Thibaut created the psychological study of procedural justice. (To honor Thibaut thus in no sense reduces our recognition of the contributions of his co-worker, Laurens Walker, in the creation of the field. We are as certain that Walker would endorse our statement as we are that Thibaut, with characteristic modesty, would demur from it. ) Even to praise Thibaut in this fashion falls short of recognizing all of his contributions to procedural justice. Not only did he initiate the psy chological study of the topic, he also built much of the intellectual foun dation upon which the study of procedural justice rests. Thibaut's work with Harold Kelley (1959; Kelley & Thibaut, 1978) created a social psy chological theory of interdependence that, among many other applica tions, serves as the basis for one of the major models of the psychology of procedural justice. (shrink)

Animal ethics committees have been set up in many countries as a way to scrutinize animal experimentation and to assure the public that if animals are used in research then it is for a worthwhile cause and suffering is kept to a minimum. The ideals of Refinement, Reduction and Replacement are commonly upheld. However while refinement and reduction receive much attention in animal ethics committees the replacement of animals is much more difficult to incorporate into the committees’ deliberations. At least (...) in Australia there are certain structural reasons for this but it is likely that most of the reasons why replacement is left out apply to other countries as well. (shrink)